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PLAN COMMISSION MINUTES APRIL 6, 2004 PRESENT: David Borsuk, Shirley Mattox, Donald Pressley, Kathleen Propp, Cathy Scherer, and Lee Bettes; Chairman EXCUSED: Jon Dell’Antonia, Steven
Gehling, and John Ruppenthal STAFF: Darryn Burich, Principal Planner; 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 March 16, 2004 meeting were approved as mailed. (Borsuk/Propp) Unanimous. I: CONSENT AGENDA A: EXTRATERRITORIAL THREE LOT
LAND DIVISION/CERTIFIED SURVEY MAP ALONG BELLAIRE LANE IN THE TOWN OF OSHKOSH R.A. Smith and Associates, petitioner for RCM Enterprise, owner, request approval of an extraterritorial
three lot land division for property generally located at the northeast corner of Bellaire Lane and Westwind Road. The approximate 3.2 acre subject property is located in the Town of
Oshkosh and is zoned for residential use. B: EXTRATERRITORIAL LAND DIVISIONS/CERTIFIED SURVEY MAPS FOR LANDS LANDS LOCATED BETWEEN VINLAND ROAD AND JACKSON STREET – Department of Public
Works The Department of Public Works requests approval of three separate certified survey maps involving lands located between Vinland Road and Jackson Street in the Town of Oshkosh.
The purpose of the land divisions is to carve out areas (the outlots) within each of the parcels that will be acquired by the City for future right of way purposes. C: EXTRATERRITORIAL
PRELIMINARY PLAT FOR THE BARONY SUBDIVISION IN THE TOWN OF OMRO – Scott Warner, petitioner, Thomas Hughes, owner Scott Warner, petitioner for Thomas Hughes, owner, requests approval
of an extraterritorial plat known as “The Barony”, which is located in the Town of Omro. The plat contains approximately 38 lots and several outlots for stormwater management and wetland
retention. D: EXTRATERRITORIAL PLAT FOR THE SANDHILL FARMS SUBDIVISION IN THE TOWN OF OMRO – Davel Engineering, petitioner, ASA Development, owner Davel Engineering, petitioner for ASA
Development, owner, requests approval for a preliminary plat identified as Sandhill Farms subdivision in the Town of Omro. The plat contains 112 residential building lots and outlots
for stormwater management. The City’s extraterritorial boundaries take in only a small portion of the plat in the southeast area comprised of Lots 40 through 48.
Plan Commission Minutes -2-April 6, 2004 E: ACCEPT SANITARY SEWER EASEMENT ALONG REAR PROPERTY LINE OF 300 S. KOELLER ST. – Department of Public Works The Department of Public Works
requests acceptance of a 20 foot wide sanitary sewer easement in the rear yard of 300 S. Koeller Street. The purpose of the easement is to allow sanitary sewer service to be provided
to the undeveloped lands located at the end Lilac Street for which a land division was previously approved by the City. F: GRANT EASEMENT TO ALLOW PLACEMENT OF TELE-COMMUNICATIONS LINES
ON CITY PROPERTY (ROCHLIN PARK) – Department of Public Works The Department of Public Works requests approval to grant an approximate 90’ x 20’ easement in Rochlin Park to allow placement
of SBC telecommunication lines that will be displaced when the N. Sawyer Street bridge is reconstructed. The lines are currently located overhead and the easement will allow for underground
placement. The easement is located just outside of the existing right-of-way and is between a a driveway approach to the park and Sawyer Creek. Chairman Bettes pulled Item B out of the
Consent Agenda for further discussion. Motion by Pressley for approval of the Consent Agenda, with the exception of Item B. Seconded by Scherer. Motion carried 6-0. B: EXTRATERRITORIAL
LAND DIVISIONS/CERTIFIED SURVEY MAPS FOR LANDS LOCATED BETWEEN VINLAND ROAD AND JACKSON STREET – Department of Public Works The Department of Public Works requests approval of three
separate certified survey maps involving lands located between Vinland Road and Jackson Street in the Town of Oshkosh. The purpose of the land divisions is to carve out areas (the outlots)
within each of the parcels that will be acquired by the City for future right of way purposes. Paul Sawicki, W3699 Pine River, questioned why the area had to be resurveyed. Mr. Burich
explained that the Certified Survey Map had never been recorded, and that it was not being resurveyed. Mr. Sawicki questioned if the dimensions were accurate and why the property to
the south south was tentatively zoned light industrial, he also questioned how it could have been rezoned without receiving notification. Mr. Burich stated that R.A. Smith and Assoc.
had done the most recent survey and the property to the south was not tentatively zoned but was under Winnebago County zoning jurisdiction. Mr. Burich stated the purpose of this discussion
was not about zoning but the land divisions. Ms. Mattox noted that parcels #180056 and #180057 appeared to go through houses on the lots. Mr. Burich stated that he believed the house
on parcel #180056 had been torn down, and not reflected yet on the GIS system.
Plan Commission Minutes -3-April 6, 2004 Motion for approval for three separate extraterritorial land division/certified survey maps for land located between Vinland Road and Jackson
Street in the Town of Oshkosh. Seconded by Borsuk. Motion carried 6-0. II: FLOOD PLAIN ZONING MAP AMENDMENT: 1730 -1750 ROBIN AVENUE Lawrence Zangl, petitioner /owner, requests approval
of an amendment to the City’s Floodplain Zoning Map. The amendment would provide for the removal of a 25,421 square foot area of the subject property from the 100-year floodfringe of
Sawyer Creek, as mapped on the City’s adopted Floodplain Zoning Map. Areas that are mapped as floodplain may be removed from the regulatory map if fill raises the elevation of the land
to a height at least two feet above the regional flood elevation and the filled area is contiguous to lands lying outside the floodplain. The amendment will allow the applicant to develop
the property without having to comply with the floodplain zoning provisions because the area has been removed from the floodplain. Ms. Mattox questioned how many apartment units would
be constructed. Mr. Burich stated that the site plan shows an additional four buildings but he did not know how many units would be constructed. He stated they would not be allowed to
exceed the zoning district’s maximum density. Motion by Pressley for approval of an amendment to the City’s Floodplain Zoning Map. Seconded by Propp. Motion carried 6-0. III: FINAL PLAT
– NORTHSHORE PRESERVE FIRST ADDITION; CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW Steve Chronis, petitioner, Northshore Real Estate Development LLC, owner, requests final plat approval
for a 17 lot subdivision identified as the Northshore Preserve First Addition. The property is zoned R-1PD, Single Family Residence District with Planned Development Overlay, so a conditional
use permit/development plan review is also requested. Mrs. Propp questioned who is responsible for the finances in regard to the trail. Mr. Burich stated the finances for the trail are
part of the Developers Agreement. David Patek, Director of Public Works, City of Oshkosh, 215 Church Street, questioned if the wording had been added to the Staff Report restricting
development in areas where easements exist. Mr. Burich stated he has addressed easements in condition number one of the Staff Report. Steve Chronis, Green Acres Lane, Surveyor, stated
this plat is lacking a 10’ easement from lot 60 – 63 and the final plat to be signed will include that. Mr. Burich stated that has also been addressed in the conditions of the Staff
Report. Motion by Propp for approval of a final plat for a 17 lot subdivision identified as the Northshore Preserve First Addition subject to the following condition: 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.
Plan Commission Minutes -4-April 6, 2004 And for approval of the conditional use permit to be found in compliance with the Standards set forth in Section 30-11 (D) of the Zoning Ordinance
and approval of the development plan for the Northshore Preserve First Addition with the following conditions: 1) A 15 foot wide pedestrian trail easement be provided along the north
property lines of Lots 55-57 and developed with an 8 foot wide asphalt trail in conjunction with improvements to the final plat or development of the existing pedestrian easement along
the northern boundary of the proposed plat. The trail is to be developed per Department of Public Works specifications. Access is subject to approval by the Winnebago County Parks Department.
2) No further reviews of residential development within the final plat are required if in compliance with base zoning standards. Seconded by Scherer. Motion carried 6-0. IV: FINAL PLAT
– PARKVIEW HEIGHTS McMahon Associates, petitioner for Creative Custom Homes, owner, requests final plat approval for a 33 lot subdivision identified as Parkview Heights. The approximate
9.8 acre subject parcel is split zoned between R-2 Two Family Residence and R-3PD Multiple Family Residence District with a Planned Development Overlay for which a conditional use permit/development
plan review and preliminary plat was approved by the Plan Commission and Common Council in July 2003. The preliminary plat contained approximately 85 lots and included the subject final
plat area as well as lands to the south of Kope Avenue. Mr. Burich introduced the item noting a condition to be added regarding Soda Creek Road extended to Kope Avenue to be dedicated
to the City and developed in association with improvements to the subject plat. Mr. Borsuk questioned the status of Kope Avenue. Mr. Burich stated it is still a private drive. He explained
when the area to the south of this plat is developed, Kope Avenue will be developed as a public street. David Julien, 110 Kope Avenue, stated there was a retention pond pond proposed
in back of his lot and questioned how deep that would be, noting the small children in the area. He also questioned who was responsible for maintaining Kope Avenue until it was developed
as a public street. Mr. Burich stated the owner is responsible for the maintenance of Kope Avenue. David Patek, Director of the City of Oshkosh Public Works Department, stated he didn’t
have information with him regarding the depth of the retention pond, however, he recommended he call Scott Erickson to make an appointment to look over the plans. Mr. Patek next addressed
the private drive and explained how it would be developed as a public street in the future.
Plan Commission Minutes -5-April 6, 2004 Mr. Julien questioned who owned Kope Avenue. Mr. Patek stated he believed D & F Investments owned Kope Avenue and has transferred ownership to
Creative Custom Homes, however research would need to be done as to who is responsible for its maintenance. Robert Chambers, 999 N. Military Road, Green Bay, representative for Creative
Custom Homes, stated Creative Custom Homes owns only the south half of Kope Avenue. He stated he had been told that D & F Investments owns all but one lot along Kope Avenue, and they
are working with D & F Investments on easements and issues to keep the project moving forward. Chairman Bettes questioned who owned Soda Creek Road as it travels south to Kope Avenue.
Mr. Chambers stated that the road is owned by D & F Investments and will be dedicated as a public street when the area to the south is developed. Ms. Mattox questioned if there was a
trail from this plat to access the County Park. Mr. Burich stated a trail will be developed as part of of lot 3 of Certified Survey Map No. 5245 on the east side of this plat. Discussion
followed regarding the private road, signage to identify it as such on Kope Avenue only, and development that would need to take place for it to become a public street. Motion by Propp
for approval of a 33 lot subdivision identified as Parkview Heights 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. This may include, but not be limited to, additional easement width and/or
the provision of easements outside of the plat. 2) A covenant be added to the plat requiring perpetual maintenance of Outlot 1 by current and future owners within the plat. Final covenant
language shall be approved by the Department of Public Works. 3) The road reservation to the south of the plat, representing Soda Creek Road extended to Kope Avenue, is to be dedicated
to the City and developed in association with improvements to the subject plat. Seconded by Borsuk. Motion carried 6-0. V: ZONE CHANGE FROM R-2 TWO FAMILY RESIDENCE DISTRICT TO C-1 NEIGHBORHOOD
BUSINESS DISTRICT/ALGOMA BLVD. Tim Burns, petitioner/owner, requests approval of a zone change from R-2 Two Family Residence District to C-1 Neighborhood Business District for a portion
of property generally located between 2126 Algoma Boulevard and 2222 Algoma Boulevard. The vacant 38,000 square foot subject property is split zoned with C-1 Neighborhood Business District
and R-2 Two Family Residence District.
Plan Commission Minutes -6-April 6, 2004 Ms. Mattox stated the map is a little deceiving, as it is not a through street to Algoma Boulevard. Discussion followed regarding the number
of houses for sale in the area possibly due to the widening of Algoma Blvd. and the protection of mature trees and landscaping in the area. A question came up as to who owns the vacant
lot to the east of the subject site. Mrs. Rand stated that Mr. & Mrs. Michael Nowak own the parcel. Mr. Burich stated the area is a commercially oriented corridor and will most likely
stay that way. He stated adjacent property owners would be protected by transitional yard requirements in place to buffer residential uses from commercial uses. He also stated the C-1
Neighborhood Business District was the least intense commercial zoning district. Motion by Pressley for approval of a zone change from R-2 Two Family Residence District to C-1 Neighborhood
Business District for a portion of property generally located between 2126 Algoma Boulevard and 2222 Algoma Boulevard. Seconded by Scherer. Motion carried 6-0. VI: CONDITIONAL USE PERMIT
TO EXPAND A CHILDCARE CENTER AT 1260 N. WESTFIELD STREET Davis Child Care Center, petitioner/owner, requests a 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 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. Wayne Zdanovac, 275 Westbrook
Drive, stated he didn’t think the sidewalks along Oshkosh Avenue or by Evergreen Manor were 5’ wide. Mr. Patek stated that typically sidewalks have a 5’ width where a 60’ right-of-way
exists. He stated he was almost positive the sidewalks along Oshkosh Avenue had a 5’ width. Mr. Borsuk stated he was unclear as to how the building looked with the elevations that were
included in the staff report. He questioned if the design was similar to the existing buildings or the surrounding area. He stated it appeared to have a checkerboard design and was disappointed
the developer was not here to answer questions. Mr. Burich stated the issue at hand was the use of the site and what impact the use may have on the area. He stated that this is different
from a conditional use associated with a planned development district were the Zoning Ordinance allows such considerations in order to gain the flexibility that the district allows.
Chairman Bettes questioned if the Commission would like to lay the item over for two weeks. Kelly Bellman, Director of the Davis Child Care facility, stated the architect has tried to
combine the existing building with a childcare theme for the north elevation facing Oshkosh Avenue. She stated there is a checkerboard brickwork design, and also a circle on the top
with their logo of holding hands. She stated their goal was to have something more pleasing to the eye as well as to identify the facility as a child friendly center.
Plan Commission Minutes -7-April 6, 2004 Mr. Borsuk stated it didn’t seem to be harmonious with the area and he might like to lay the item over for two weeks or until a presentation
could be made showing a rendering of the site. Mr. Burich questioned if his concerns were with the front of the building, or with a mish mash of elevations. Mr. Borsuk stated he was
concerned about the entire concept and how it fit into a major gateway into the city. Mrs. Scherer stated she could see Mr. Borsuk’s point, especially since they recently have had a
workshop on Gateways into the City of Oshkosh. Ms. Mattox stated she came to Oshkosh in the 60’s and this was a magnificent property. She stated she realizes they have lost trees on
the site, probably due to a major storm in Oshkosh, and now this addition calls for the loss of another tree. She stated this childcare center should be able to provide a beautiful natural
setting for children. Motion by Propp to lay over the item for two weeks. Seconded by Scherer. Motion carried 6-0. Chairman Bettes stated the Commission was supportive of the childcare
expansion, but because of this being located on a gateway to the City there was a concern to preserve the aesthetic properties of the site. Chairman Bettes asked for this to be recognized
early on the agenda at the next meeting. VII: CONDITIONAL USE PERMIT TO ALLOW WAREHOUSE OPERATIONS IN A NEW FACILITY BETWEEN 508 AND 536 W. 9TH AVENUE Gary Basler, petitioner/owner,
requests a conditional use permit to allow warehouse operations in a new structure to be located between 508 and 536 W. 9th Avenue. Mr. Basler is proposing to construct a 5,376 square
foot building wherein a portion (approximately 3,360 square feet) will be used to accommodate non-accessory storage or warehousing. The 37,000 square foot property contains an existing
7,600 square foot metal building occupied by an automotive supply use. The property is zoned C-3 Central Commercial District that allows warehouse/storage operations only through conditional
use permit. This item was withdrawn by the petitioner earlier today. There being no further business, the meeting adjourned at approximately 4:55 p.m. (Borsuk/Propp) Unanimous. Respectfully
submitted, DARRYN L. BURICH Principal Planner DLB/vlr