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PLAN COMMISSION MINUTES MAY 20, 2003 PRESENT: Lurton Blassingame, Steven Gehling, Jack Heinemann, Donald Pressley, Kathleen Propp, Achim Reschenberg, and David Borsuk, Vice Chairman
EXCUSED: Lee Bettes, John Ruppenthal, and Donald Krueger STAFF: Darryn Burich, Principal Planner, Susan Kepplinger, Principal Planner, Matt Tucker, Associate Planner, Jackson Kinney,
Director of Community Development, and Vickie Rand, Recording Secretary The meeting was called to order by Vice Chairman Borsuk. Roll call was taken and a quorum declared present. The
minutes of May 6, 2003 were approved as mailed (Blassingame, Gehling). Unanimous. ITEM I: CONSENT AGENDA A: EXTRATERRITORIAL FOUR LOT LAND DIVISION/CERTIFIED SURVEY MAP ALONG GIBS ROAD
R.A. Smith and Associates, petitioner for Boss Farms Inc., requests Plan Commission review and approval of an extraterritorial 4 lot land division for property generally located along
Gibs Road in the Town of Vinland, just south of 5944 Gibs Road. The approximate 16-acre parcel of land has recently been rezoned from agricultural to residential zoning to allow for
future residential development of the parcels. The subject property is under Town of Vinland Zoning as well as Winnebago County Shoreland Zoning. Motion by Pressley for approval of an
extraterritorial 4-lot land division for property generally located along Gibs Road in the Town of Vinland, just south of 5944 Gibs Road. Seconded by Reschenberg. Motion carried 7-0.
II: MIDWEST-WYLDEWOOD ANNEXATION John Mark, Midwest Real Estate Development Corporation, petitioner/owner, request the Plan Commission to review and approve of the Midwest-Wyldewood
Annexation for one parcel of land currently located in the Town of Algoma. Temporary and permanent zoning of R-4 Multiple Family Residence District has been requested. The .84 acre subject
property is currently undeveloped.
Plan Commission Minutes 2 May 20, 2003 Jack Mark, Midwest Real Estate Development Corporation, 100 N. Westhaven Drive, stated he was in the process of laying out the development, and
is anticipating a 16 unit building for the subject site, thus the reason for the R-4 zoning request. He also explained that overall densities for the Midwest Developments in the area
would actually be in the R-3 range. Mr. Gehling questioned if this site would exit onto Witzel Avenue. Mr. Mark stated the parcel would have ingress and egress on Wyldewood Drive only.
Motion by Reschenberg for approval of the Midwest-Wyldewood Annexation for one parcel of land currently located in the Town of Algoma with temporary and permanent zoning of R-4 Multiple
Family Residence District. Seconded by Pressley. Motion carried 7-0. III: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW TO OPERATE AN AUTOMOBILE SALES FACILITY AT 1735 BOWEN STREET
Roger Lind, petitioner for Henry Noffke, owner, requests the Plan Commission to review and approve of a a conditional use permit/development plan review to operate an automobile sales
facility at 1735 Bowen Street. The approximate half-acre property contains a former service station that is vacant. The property is zoned C-2PD General Commercial District with a Planned
Development Overlay. Mr. Burich presented the item noting that the Department of Public Works is requesting that a condition be added requiring the owner to provide a 5' permanent sidewalk
easement, which would allow for a wider terrace to be constructed at some point in the future when the streets are reconstructed. Mr. Burich also explained the site plan needs to be
revised, as it doesn't show enough maneuverability for the parking stalls on the northwest side of the lot. Mr. Gehling questioned condition number 2 in the Staff Report, noting there
would most likely be some junked parts to dispose of in the process of getting vehicles ready for sale. Mr. Burich stated junked parts could be allowed as long as they were kept in the
trash enclosure enclosure area, which would be constructed to meet Ordinance standards. Mr. Gehling also questioned if conditions should be made to address the resurfacing of the site,
and the lighting on the site. Mr. Burich explained that those conditions did not need to be added because the Zoning Ordinance addresses those issues. Mr. Heinemann questioned if more
specific verbiage should be included in condition number 4 of the Staff Report. Mr. Burich stated the wording "in accordance with Department of Public Works regulations" is appropriate
as it relates to replacing the curb and gutter, and the creation of a terrace. Mr. Borsuk questioned if it would be appropriate to require landscaping on the site. Mr. Burich stated
because no landscaping was in place when the site was initially developed and that the petitioners were simply choosing to reoccupy an already developed site that staff did not feel
that condition needed to be added. However, Mr. Burich added that it was the prerogative of the Plan Commission to add that as a condition if they felt it appropriate.
Plan Commission Minutes 3 May 20, 2003 Mr. Blassingame questioned how close the cars would be parked to Murdock Avenue. Mr. Burich stated they would be parked approximately 10 feet from
Bowen Street, and closer than that to Murdock Avenue in the existing developed area of the site. Paul Hessler, 325 E. 6th, Fond du Lac, and Roger Lind, 680 W. 5th Ave., Oshkosh, introduced
themselves and stated they were available for questions. Mr. Gehling questioned if the site would have an open concept. Mr. Lind replied that it would. Mrs. Propp questioned if the grass
areas would be retained. Mr. Hessler stated the grass areas would remain and they planned on making overall improvements to the property. Mr. Pressley questioned the petitioners if they
felt too many spots were being made available for customer parking per the revised site plan. Mr. Hessler stated they didn't intend to have a large inventory, and they didn't anticipate
having more than 2-3 customers at a time, therefore, they would have sufficient parking available on the site to meet the ordinance requirements. Mr. Burich stated condition number 1
required the petitioner to submit a scaled and dimensioned parking plan to meet current parking standards that would address those concerns. Mr. Reschenberg stated he would like to see
an additional condition for landscaping of the site. Discussion followed regarding the placement and timeframe to install landscaping. Motion by Gehling for approval of a Conditional
Use Permit/Development Plan Review to operate an automobile sales facility at 1735 Bowen Street to be found consistent with the standards set forth in Section 30-11 (D) of the Zoning
Ordinance subject to the following conditions: 1) Petitioner to submit a scaled and dimensioned parking plan for the subject property showing compliance with the City's off-street parking
regulations (i.e. size of spaces, access to aisles, number of spaces, etc.). 2) No outside storage of junked or inoperable vehicles or parts. 3) Repair and maintenance of automobiles
is limited to vehicles being made ready for sale on the site. 4) Elimination of the two driveways on the site nearest to the Bowen and Murdock intersection (one on Murdock Avenue and
one on Bowen Street). The driveways openings and approaches to be removed in accordance with Department of Public Works regulations. 5) A 5' permanent sidewalk easement be provided along
the subject property’s Murdock Avenue and Bowen Street frontages. 6) A landscape plan be submitted to, and approved by, the Department of Community Development for the street frontages
of the property with said landscaping to be installed within one year after issuance of the conditional use permit. Seconded by Reschenberg. Motion carried 7-0.
Plan Commission Minutes 4 May 20, 2003 IV: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW FOR A COMMERCIAL DEVELOPMENT GENERALLY LOCATED AT 530 PEARL AVENUE Brett Saalsaa, petitioner/owner,
requests the Plan Commission to review and approve of a Conditional Use Permit (CUP)/Development Plan Review for a proposed commercial building generally located at 530 Pearl Avenue.
The 20,000 square foot subject property is located within the Marion Road/Pearl Avenue Redevelopment District and is zoned C-3PD Central Commercial District with a Planned Development
Overlay. The petitioner is the developer and owner of the adjacent parcel to the west that is occupied by Subway, Winger's, and Papa John's Pizza. Mr. Gehling questioned condition number
2 as listed in the Staff Report as to what right-of-way was being referred to. Mr. Burich pointed out the right-of-way, and requested Susan Kepplinger to come forward to discuss this
request. Ms. Kepplinger stated condition number 2 refers to no utility penetrations or utility panels on the structure to be visible primarily from Pearl Avenue. Mr. Reschenberg questioned
if the dumpster enclosure area was large enough for the buildings involved. Mr. Burich stated that if it was not large enough and the petitioner needed to expand or construct a new enclosure,
further Plan Commission reviews might be required. Marty Steward, Waupun, representing the owner, and general contractor stated he was available to answer any questions the Plan Commission
may have. Motion by Heinemann for approval of a Conditional Use Permit/Development Plan Review for a proposed commercial building generally located at 530 Pearl Avenue to be deemed consistent
with the standards as set forth in Section 30-11 (D) of the Zoning Ordinance, subject to the following conditions: 1. Landscape plans and design and placement of other site amenities,
including fencing and private signage, be submitted to, and approved by, the Department of Community Development prior to issuance of a building permit. Landscape plan is to include
an enhanced level of landscaping or other decorative treatments in areas where base standard modifications are being granted for setbacks. 2. No utility penetrations or utility panels
on the structures are to be visible from the Pearl Avenue right of way. 3. On site lighting be consistent with the ornamental lighting in the area and be approved by the Department of
Community Development. 4. Cross access agreement be approved by the Department of Community Development and recorded with the Register of Deeds allowing for cross access between the
subject property and the adjacent property to the west, generally located at 110 Wisconsin Avenue. Cross access is also to be provided with the adjacent parcel to the north in association
with any future approved CUP/PD reviews of that parcel. Seconded by Blassingame. Motion carried 7-0.
Plan Commission Minutes 5 May 20, 2003 V: LAND ACQUISITION -837 WOODLAND AVE . City Administration, petitioner for the University of Wisconsin Board of Regents, owner, requests Plan
Commission review and approval of City acquisition of 837 Woodland Avenue. The irregularly shaped 10,800 square foot parcel contains a vacant single family dwelling and detached garage
and is zoned R-5 Multiple Dwelling District. Mr. Gehling asked the staff to clarify what disposing of the property, as mentioned in the Staff Report meant. Ms. Kepplinger stated they
would be working cooperatively with the University to establish a walk to work program or with the Housing Authority for a first time homeowner program to sell the property to increase
owner occupancy in the campus area. Mr. Pressley questioned why the City acted upon the University's suggestion to acquire the subject property to be included in the swap. Ms. Kepplinger
stated the University has owned the property for 3 years, and the City would have different abilities for disposal of the property than the University would have. She stated the University
of Wisconsin – Oshkosh and the City of Oshkosh have had a shared vision for the area and acquiring this property would be beneficial for both entities. Ms. Kepplinger also added that
the City is not paying to actually acquire the property. Mr. Pressley questioned if the City would at least break even on the transaction and the rehabilitation work that would be done
to get it ready to sell. Ms. Kepplinger stated that the City would probably not break even, although when you look at the long-range goal of being on the tax rolls, it would be beneficial
for the City to move forward on this project. Discussion followed regarding the work that needed to be done to bring the house up to code, and the estimated cost. Ms. Kepplinger stated
that she hasn’t been able to get into the house with a contractor, therefore, she can not give an accurate estimate of the actual cost or any details of the rehabilitation needed. Mr.
Blassingame stated he feels this will be money well spent by the City and this really is a question of whether or not the acquisition and future use of the property is appropriate. Mr.
Gehling stated when property in that area had been rezoned several years ago there was concern about multifamily units and single family units. He stated some action could be taken now
to eliminate those concerns. He stated in similar situations you can see an improvement to the neighborhood because owner occupied housing situations tend to be more committed to the
area. Mr. Pressley stated the City shouldn’t have to be involved in real estate, and wouldn’t support this acquisition. Motion by Propp to approve the City’s acquisition of 837 Woodland
Avenue. Seconded by Gehling.
Plan Commission Minutes 6 May 20, 2003 Mr. Heinemann stated that without understanding all the financial aspects of the situation, he agrees with Mr. Pressley, and will not support this
acquisition. Vice Chairman Borsuk stated that he thought this project, to incorporate more single family housing in the University area, showed good planning and had his support. Mr.
Heinemann stated he couldn’t see a single family moving in to this particular property. Motion carried 5-2. Nays: Heinemann, Pressley OTHER BUSINESS Mr. Burich stated the staff is ready
to present the Recreation Vehicle Ordinance again for their review and questioned if they wanted it to be a regular agenda item or if they wanted to hold a workshop. Discussion followed
regarding the importance of watching the Council video, the discussions the staff has had with special interest groups, and the date for the review. It was the consensus of the group
to have a workshop after the next regular Plan Commission meeting. There being no further business, the meeting adjourned at 4:53 p.m. (Gehling/Pressley) Unanimous. Respectfully submitted,
DARRYN L. BURICH Principal Planner DLB/vlr