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PLAN COMMISSION MINUTES JULY 22, 2003 PRESENT: David Borsuk, Jack Heinemann, Shirley Mattox, Donald Pressley, Kathleen Propp, Achim Reschenberg, John Ruppenthal and Lee Bettes, Chairman
EXCUSED: Jon Dell’Antonia, and Steven Gehling STAFF: Darryn Burich, Principal Planner, Matt Tucker, Associate Planner, Jackson Kinney, Director of Community Development, and Vickie Rand,
Recording Secretary The meeting was called to order by Chairman Bettes. Roll call was taken and a quorum declared present. I: CONDITIONAL USE PERMIT FOR AN ELDERLY HOUSING/NURSING HOME
COMPLEX 1130 N. WESTFIELD ST. (EVERGREEN RETIREMENT COMMUNITY) Evergreen Retirement Facility, petitioner/owner, requests the Plan Commission to review and approve a conditional use permit
(CUP) to allow a 40,600 sq.ft expansion of the existing retirement and nursing home facility at 1130 N. Westfield Street. Larry Hetzer, 909 Brookwood Court, stated he was concerned with
the impact on his property of Evergreen Retirement Community adding fill to bring the foundation of the addition to the required minimum of 2 feet above the 100 year flood elevation
for the site. Mr. Tucker, Associate Planner, stated the fill will bring the structure approximately two (2) feet above the 100 year flood elevation for the site and will not increase
the flood elevation on the adjacent properties in the area. Mike Siewert, Engineer for Martenson & Eisele, explained the two aspects of a floodplain, the flood fringe and the flood way,
and pointed out the areas of each on the map displayed. He explained a flood fringe is not a moving area compared to a floodway, and that adding fill to a flood fringe, as being done
in this project, will not will have a negative impact on the surrounding properties. Chairman Bettes informed Mr. Hetzer that he could make arrangements to talk further with Mr. Tucker
if he still had questions on how this project would relate to his property. William Manske, 927 Brookwood Court, questioned the flow of water resulting from adding fill to the flood
fringe for the proposed Evergreen project. Mr. Siewert used the map as displayed to point out the natural flow of water, assuring Mr. Manske that the Evergreen project won’t have a negative
impact on his property.
Plan Commission Minutes 2 July 22, 2003 Mr. Tucker added that extensive research was done on the entire length of the creek, at full capacity, by the Department of Natural Resources
in 1996, and that information was used to make the determination for this project. Bernie Pitz, 617 W. Irving Avenue, stated he owns vacant land across the creek from the proposed Evergreen
project. He stated that Evergreen Retirement Community constructed a building a few years ago that didn’t have the proper elevation. He stated it was Evergreen’s intention to request
a variance from the City of Oshkosh to alter the surrounding property owner’s flood elevation, but because of the amount of objection from the neighborhood, they never came forward with
the request. Mr. Pitz stated he would like assurances from both Evergreen Retirement Community, and the City of Oshkosh, in writing, that the filling of this flood fringe won’t have
a negative impact on the surrounding properties nor will Evergreen come back to the City to request request additional changes to the floodplain area if there was a problem. Mr. Pitz
also made reference to the request from the Department of Public Works for Evergreen Retirement Community to provide the City with a dedication of land in the area along N. Eagle Street
so that the right-of-way can be expanded to a 52 foot width. He indicated that this will make the properties in that area non-conforming, and stated this issue should be addressed. Chairman
Bettes, assured Mr. Pitz that the City of Oshkosh and the Plan Commission were very thorough in their review of flood plain issues, and stated that the City of Oshkosh could not provide
such a letter that would preclude future Plan Commissions from taking action on floodplain related requests made by Evergreen. Mr. Ruppenthal questioned if the revised parking plan would
include a new parking lot or just a modification made to the parking lot to the north. Mr. Burich pointed out the proposed parking lot on the map displayed, and explained the modification
made to the parking lot to the north and the reasoning for the revision of the proposed parking lot. Mr. Ruppenthal also questioned if the surrounding property owners had received information
on this project within an adequate time frame to review the proposal. Mr. Kinney stated the adjacent property owners had received this information on a shorter notice than typical Plan
Commission requests because of the special meeting. Ms. Mattox questioned if the Oak Savannah area would be disturbed with the proposed construction. Mr. Siewert explained they are doing
their best not to disturb the Oak Savannah area and noted that was also a reason for the revision of the proposed parking lot. Mr. Ruppenthal stated he was confident in the complicated
review process that the City of Oshkosh, the Department of Natural Resources, and the engineers have done in review of this item. Motion by Ruppenthal for approval of the Conditional
Use Permit to allow a 40,600 square foot expansion of the existing retirement and nursing home facility at 1130 N. Westfield Street, found to be consistent with Standards set forth in
Section 30-11 (D) of the City of Oshkosh Zoning Ordinance, subject to the following conditions: 1) The appropriate DNR permits be provided to the City prior to building permit issuance.
Plan Commission Minutes 3 July 22, 2003 2) An additional 19 feet of right-of-way be dedicated along the east side of the site with said dedication to be done prior to approval of occupancy
of the building. Dedication is to be done in coordination with the Department of Public Works. Seconded by Reschenberg. Motion carried 8-0. Chairman Bettes questioned when the item would
be going before the Common Council. Mr. Kinney stated the Common Council will discuss the date they will review the item at tonight’s meeting, and interested parties could call the Department
of Community Development tomorrow to find out the date and time the Council will review this item. There being no further business, the meeting adjourned at 4:25 p.m. (Pressley/Reschenberg)
Unanimous. Respectfully submitted, DARRYN L. BURICH Principal Planner DLB/vlr