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PLAN COMMISSION MINUTES OCTOBER 21, 2003 PRESENT: David Borsuk, Jon Dell’Antonia, Steven Gehling, Jack Heinemann, Shirley Mattox, Kathleen Propp, John Ruppenthal, Cathy Scherer, Patrick
Weston, and Lee Bettes, Chairman EXCUSED: Donald Pressley 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 October 7, 2003 were approved as mailed. (Ruppenthal/Dell’Antonia) I: CONDITIONAL USE PERMIT/DEVELOPMENT
PLAN REVIEW FOR PARKING LOT MODIFICATIONS AT 435 HIGH AVE; DISPOSITION OF VACATED RIGHTOF-WAY St. Peter’s Catholic Church, petitioner/owner, requests the Plan Commission to review and
approve a conditional use permit/development plan review for parking lot modifications and expansion at 435 High Avenue. The petitioner is also requesting the City to dispose of vacated
right-of-way (Pearl Avenue) for inclusion into the parking lot expansion. The 3.4 acre subject subject property is split zoned between C-3 and C-3PD Central Commercial District with
a Planned Development Overlay. The PD zone is generally located along the subject property’s Pearl Avenue frontage and was applied in association with zone changes in the adjacent Marion
Road/Pearl Avenue redevelopment area. Mr. Burich introduced the item noting that the Department of Public Works has recommended another condition upon approval of the conditional use
permit to ensure no other improvements are allowed within the disposed area, and that any improvements would only be allowed by special exception of the Board of Public Works. Dave Gaulke,
401A High Avenue, stated he was an owner of the rental property adjacent to the subject site. He stated Town ‘N Country Electric has been digging on his property to bury electrical wire.
He explained they covered the wire with rocks instead of replacing the cement. He stated he had questioned them about their activity and was told they had been contracted by the City
of Oshkosh to get the area ready for burying cable. He stated he has talked to St. Peter’s Catholic Church and to the City Administration and no one seems to be aware of contracting
with Town ‘N Country for any work. Mr. Weston stated Wisconsin Public Service would be involved with burying utilities, and suggested Mr. Gaulke talk to someone there. Mrs. Propp suggested
Mr. Gaulke check with the Department of Public Works to see if they have been involved with the project.
Plan Commission Minutes Page 2 October 21, 2003 Mr. Gaulke stated he isn’t upset with the work being done, just the quality of the work, as he wants to see the area left in good condition.
Mr. Dell’Antonia stated he was concerned about a company digging in an easement area before project approval. Mr. Burich stated the work done could be in conjunction with another project,
such as a raze permit for the property recently purchased by the church. He also added that undergrounding utilities is not considered improvements but rather land preparation, which
would be acceptable. Ms. Mattox questioned if there was a consistent formula used for landscaping review. Mr. Burich stated the landscape plan is reviewed by staff according to the ordinance
standards. Motion by Borsuk for approval of the Conditional Use Permit to be found in compliance with the Standards set forth in Section 30-11 (D) and 30-33 (E)(3)(b) of the Zoning Ordinance
and recommends approval of the parking lot modification/expansion and disposition of vacated surplus City property subject to the following conditions: 1) The west parking lot parking
spaces be extended to 19.5 feet in length. 2) Access to the parking spaces in the middle aisle of the west parking lot be allowed only from the west aisle with curbing or stops installed
to prevent through movement. 3) Landscape islands to be created in the east parking lot as indicated on the attached site plan. 4) The two parking spaces located adjacent to the Pearl
Avenue right-of-way to be eliminated and replaced with landscaping. 5) A drainage plan to be approved by the Department of Public Works for the expanded parking areas. 6) The property
on which the east parking lot is to be expanded shall be combined to St. Peter’s main tax parcel. 7) All landscaping shall be approved by the Department of Community Development. 8)
No other improvements are allowed within the disposed area, including but not limited to, building structures, driveways, parking areas, landscaping or fences. Any improvements shall
shall be allowed only by special exception of the Board of Public Works. The City reserves the right to maintain, service, or replace, any public utilities in the disposed area. Seconded
by Propp. Motion carried 9-0
Plan Commission Minutes Page 3 October 21, 2003 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 two new movie screen auditoriums with approximately 322 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. This item has been withdrawn to a later date by the petitioner. OTHER BUSINESS Chairman Bettes
reviewed the Comprehensive Plan update process and explained CPUC committee members have agreed to send one chapter at a time to the Plan Commission for review and approval after it
has passed their final approval. Chairman Bettes stated the CPUC Committee has suggested that the Plan Commission should limit their comments to 15-20 minutes per chapter. Chairman Bettes
stated he was not concerned with the time limit of their review, but the outcome of the product. He explained how all chapters of the Comprehensive Plan are interrelated and urged members
to become involved as much as they can at the CPUC meetings at this time so any changes or additions can be reviewed and approved by the committee before being brought forward to the
Plan Commission and Common Council for the final approval. Chairman Bettes stated in a couple of months they should begin to see a chapter a month brought to the Plan Commission for
review and approval. Mr. Ruppenthal questioned who would be giving a presentation of each chapter. Mr. Burich stated Kristi Bales would give a brief summary of each chapter as it is
brought brought forward. Mr. Borsuk agreed the steering committee meetings were important for Plan Commission members to attend as it gives a different perspective of the thought process
and insight into how the chapter has been structured. Ms. Mattox stated she has found the meetings to be exciting as she realizes this will plan the next 20 years for the City. She stated
it is an important responsibility of the Plan Commission and added that the meetings are attended by people who represent many backgrounds. Mr. Gehling agreed that the various committees
offer different points of view from a diverse group of people who represent the entire make up of the City well. Mrs. Propp also stated the Plan Commission bylaws point out that it is
the responsibility of the Plan Commission members to be involved in the update of the Comprehensive Plan.
Plan Commission Minutes Page 4 October 21, 2003 Chairman Bettes informed the Plan Commission that the Transportation and the Economic Committees were both finishing up their chapters
and questioned what chapter the Plan Commission would like to see first. Consensus was made to review the Transportation Chapter first, as this has been a challenge during review of
many projects recently brought forward. Mr. Borsuk questioned the status of enforcing the outside boat storage at 910 W. Murdock Avenue. Mr. Burich stated that he has discussed the issue
with the owners in response to the violation notice that had been sent out and an application has been submitted to amend the original Conditional Use Permit. Mr. Dell’Antonia stated
he felt it was an enforcement issue at this time. Mr. Burich explained that since a conditional use permit application has been made and that no condition was placed to prohibit outside
placement he would feel uncomfortable requesting citations at this time because a judge would probably first want to see if the City would approve the outside placement of the boats
prior to making a ruling on the case. Chairman Bettes questioned if a workshop was going to be held soon for the Plan Commission. Mr. Burich stated a “Corridor’s Workshop” would be held
on October 29th at 4:00 in room 404 and they would be receiving an information packet soon. There being no further business, the meeting adjourned at approximately 4:35 p.m. Respectfully
submitted, DARRYN BURICH Principal Planner DLB/vlr