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PLAN COMMISSION MINUTES APRIL 1, 2003 PRESENT: Lee Bettes, Lurton Blassingame, Jon Dell’Antonia, Steve Gehling, Donald Pressley, Kathleen Propp, Achim Reschenberg, John Ruppenthal, and
Don Krueger; Chairman EXCUSED: David Borsuk, and Jack Heinemann STAFF: Darryn Burich, Principal Planner, Jackson Kinney, Director of Community Development, and Vickie Rand, Recording
Secretary The meeting was called to order by Chairman Krueger. Roll call was taken and a quorum declared present. The minutes of March 18, 2003 were approved as mailed (Blassingame/Ruppenthal).
Unanimous. ITEM I: CONSENT AGENDA A: THREE LOT LAND DIVISION/CERTIFIED SURVEY MAP NORTH OF KOPE AVENUE Roehlig Land Surveying, petitioner for D&F Investments, owner, requests the Plan
Commission to review and approve of a three lot land division/certified survey map (CSM) for property generally located north of Kope Avenue and east of U.S.H. 45. The 17.25 acre subject
property is split zoned C-1PD Neighborhood Business District with a Planned Development Overlay and R-3PD Multiple Dwelling District with a Planned Development Overlay. B: ACCEPT PUBLIC
UTILITY AND SIDEWALK EASEMENTS AT 474 AND 482 MARION ROAD The Department of Public Works is requesting the Plan Commission to accept public utility and sidewalk easements along Marion
Road for property owned by Oshkosh Wood Products located at 474 and 482 Marion Road. C: EXTRATERRITORIAL LAND DIVISION/CERTIFIED SURVEY MAP AT THE END OF TUMBLEBROOK DRIVE IN THE TOWN
OF OSHKOSH Roehlig Land Surveying, petitioner, for Robert Albright, owner, requests Plan Commission review and approval of a two lot land division/certified survey map (CSM) for property
generally located at the end of Tumblebrook Drive in the Town of Oshkosh. The approximate 5 acre subject property is under Winnebago County Zoning and is zoned R-1 residential.
Plan Commission Minutes 2 April 1, 2003 Motion by Pressley for approval of the Consent Agenda with conditions for Item A as follows: 1) Lot 3 to be recorded and identified on the CSM
as unbuildable until provided with access to a public street. 2) An 8 foot wide public access pedestrian easement to be recorded along the south lot line of Lot 3. Seconded by Dell’Antonia.
Motion carried 9-0. II: CONDITIONAL USE PERMIT FOR A DAYCARE FACILITY AT 1130 N. WESTFIELD ST. (EVERGREEN RETIREMENT COMMUNITY) Evergreen Retirement Facility, petitioner/owner, requests
the Plan Commission to review and approve of a conditional use permit (CUP) to allow a daycare facility to operate at 1130 N. Westfield Street. The subject property is the location of
Evergreen Retirement Community which contains a combination of independent, assisted care, and nursing facilities in a number of structures on the site and is zoned R-1 Single Family
Residence District that allows daycare facilities through CUP. Mr. Ruppenthal questioned if the staff had received any comments or concerns from the neighborhood regarding the parking
situation or if the parking requirements were routinely reviewed per the Municipal Code. Mr. Burich stated it was routine to ensure enough parking was available for the staff of the
daycare and for the drop-off and pick-up of children to and from the daycare. Mr. Pressley stated he felt this would be a great learning experience for both young and old generations
at the facility, and wished them much success. Motion by Ruppenthal for approval of the Conditional Use Permit for the operation of a daycare facility at 1130 N. Westfield Street deemed
to be consistent with the Standards set forth in Section 30-11 (D) of the Zoning Ordinance subject to the following condition: 1) Petitioner to demonstrate available parking for daycare
center operations with one space required for each employee and one designated space for every 10 children licensed at the center. Seconded by Blassingame. Motion carried 9-0. III: CONDITIONAL
USE PERMIT/DEVELOPMENT PLAN REVIEW TO ALLOW PLACEMENT OF A GROUND SIGN AND WALL SIGNAGE AT 1540 SOUTH KOELLER STREET Oshkosh Koeller LLC, petitioner/owner requests a conditional use
permit (CUP)/development plan review to allow placement of a ground sign with a substandard front yard setback and to allow placement of wall signage that projects 18 inches beyond the
face of the wall of the structure. The subject property is zoned C-2PD General Commercial with a Planned Development Overlay District.
Plan Commission Minutes 3 April 1, 2003 Peter Jungbacker, Petitioner, 377 City Center, stated he was available to answer any questions the Plan Commission may have. He added that the
conditions included in the Staff Report were acceptable. Mr. Pressley questioned if wall signage to project 18 inches beyond the face of the wall structure on a mansard style roofline
could become part of the Zoning Ordinance. Mr. Burich stated staff will be looking to amend the Zoning Ordinance to address mansard style structures. Mr. Gehling questioned if the old
sign was in compliance. Mr. Burich stated the parcel had been zoned for a manufacturing use when the last sign was installed. Motion by Ruppenthal for approval of a Conditional Use Permit/Development
Plan Review to allow placement of a ground sign with a substandard front yard setback and to allow placement of wall signage that projects 18 inches beyond the face of the wall of the
structure, subject to the following conditions: 1) Landscaping and landscape treatments treatments be placed around the base of the ground sign. Landscape plan to be approved by the
Department of Community Development. 2) Wall signs attached to the mansard roof not exceed 18” perpendicular from the bottom edge of the mansard roof line. Seconded by Bettes. Motion
carried 9-0. IV: DISPOSITION OF PARCEL AT THE FORMER DELTOX PROPERTY, 75 OSCEOLA STREET The City Administration is asking the Plan Commission to review and approve the disposition of
a 1.436-acre parcel located at 75 Osceola Street to the University of Wisconsin-Oshkosh. The University is planning to demolish the 18,900 square foot building on the parcel and to integrate
the property within the overall UW-O campus, which is the predominate land use in this area. Tom Sonnleitner, Vice Chancellor at UW-Oshkosh, stated the property was very important to
the University as they want to construct a beautiful wellness building on the river to service the students well into the future. He stated the students would be voting to approve the
building. He also noted they would be able to meet the parking requirements. Mr. Sonnleitner urged the Plan Commission to support the disposition of this parcel to the University of
Wisconsin Oshkosh. Mr. Gehling asked if any remediation needed to be done on the site since it was once zoned for industrial use. Mr. Kinney stated Phase I and Phase II reports have
been done for the site and no contamination had been found. Mr. Bettes questioned if the path along the river would remain. Mr. Sonnleitner stated the University has made a commitment
to keep the path along the river. Mr. Dell’Antonia questioned who owned the land around the subject site. Mr. Sonnleitner stated the University owns all the land in the area except for
an electrical substation owned by WPS.
Plan Commission Minutes 4 April 1, 2003 Mr. Dell’Antonia also questioned what would happen if the students didn’t approve the Wellness Center. Mr. Sonnleitner stated they would have
another vote because they feel very strongly about this proposal. He stated however, if it wouldn’t pass, it would become green space for athletic fields. Motion by Bettes to approve
the disposition of a 1.436 acre parcel located at 75 Osceola Street to the University of Wisconsin Oshkosh. Seconded by Reschenberg. Motion carried 9-0. V: PUBLIC HEARING ON PROPOSED
CREATION OF TAX INCREMENT DISTRICT # 19 NORTHWEST INDUSTRIAL PARK EXPANSION NO. 1: DESIGNATION OF BOUNDARIES AND APPROVAL OF PROJECT PLAN It is proposed to create TID #19 in order to
facilitate expansion of the Northwest Industrial Park that has no uncommitted developable land left for industrial development. The proposed Project Plan includes a statement listing
the kind, number, and location of proposed improvements. It shows an economic feasibility study, a list of estimated project costs and a timing of those costs as well as a method of
financing those costs. The Project Plan, which is approximately $3 million, includes projects for construction of streets and sidepaths, sanitary sewer, water utilities, storm sewer
and storm water management and organizational and administrative type costs. The plan also identifies out of district costs such as extension of sewer lines to the district from the
Jackson Street area and possible acquisition of land in order to expand the Fernau Avenue right-of-way to 80 feet in width where it intersects with Vinland Street. The project costs
will be financed through sales of general obligation notes and repaid through the property tax increment generated on the new development in the TID. Chairman Krueger opened the Public
Hearing portion of the meeting for the creation of Tax Increment District #19 Northwest Industrial Park Expansion No. 1. Adam Borys, 3159 Vinland Road, questioned if he would lose land,
as it states in the Staff Report Report that possible acquisition of land may be necessary in order to expand the Fernau Avenue right-of-way to 80 feet in width where it intersects with
Vinland Street. Mr. Burich explained that under State law the City has the authority to condemn property for right-of-way purposes, however, there are no plans to do that at this time.
Mr. Borys stated he had just purchased the property and there was no mention of any development in the area. Sharon Krause, 3295 Vinland Road, stated she was looking into buying the
30’-40’ strip of land next to her property from the City. She stated it is next to her garage and didn’t see how it would be of use to the City. Mr. Burich stated he has talked with
Ms. Krause and the City will first need to determine if it will need the property before considering a possible disposition. Donna Koelbl, 3121 Vinland Road, questioned if the property
would be industrial or parkland. Mr. Burich explained that the subject site is zoned industrial and there would need to be green space allowed on each site. He stated that if a site
is adjacent to a residential use, there would need to be a transitional yard landscaping buffer. Mrs. Koelbl asked why the City didn’t take all the property along Vinland Street instead
of leaving a row of residential property adjacent to an industrial park. Mr. Kinney stated the City can’t force property owners to sell land to the City for industrial purposes. He stated
the City had negotiated with the Sawickis to purchase their land.
Plan Commission Minutes 5 April 1, 2003 Mrs. Koelbl stated when they bought their property they were told the adjacent property would be residential. Mr. Kinney stated that may have
been the township’s plan, however, the City didn’t have any plans to develop the land for a residential use near a landfill. Mrs. Koelbl questioned why they were notified for this meeting.
Mr. Kinney indicated that the City is proposing to create a new Tax Incremental District in the area, and the City as a matter of policy notifies adjacent property owners when an action
is proposed to be taken on a given property. He explained how a Tax Increment District is a financing tool which uses the tax revenues or increments generated from new development to
pay for project improvements in the district. Mrs. Koelbl also noted how Vinland Road is in such bad repair and questioned if the City would be improving the road. Mr. Burich stated
that the Vinland right-of-way was not in the City. Douglas Dutscheck, 3281 Vinland Road, stated he was pleased with the buffer zone, however, he questioned if there was any regulations
regarding the noise level. Mr. Burich explained the City has a noise ordinance that industry must comply with in addition to the transitional setback/landscaping requirements to protect
residential uses in the area. Sharon Krause, 3295 Vinland Road, questioned if they will be notified of any development that may occur. Mr. Kinney stated they would not be notified for
a permitted use because the area is already zoned for industrial use. Mr. Burich stated the more noxious uses would need review as they would only be allowed by being granted a Conditional
Use Permit, and in that case, they would be notified. Sharon Krause stated she has 5 children and questioned if there would be a barrier installed on the industrial property. Mr. Burich
stated there was a minimum rear yard and side yard setback of 50 feet when adjacent to a residential district. Mr. Kinney stated that neither buildings or parking would be allowed within
a 50 foot area, however, green space and landscaping would be required. Doug Dutscheck questioned if there was any proposal for power lines. Mr. Burich stated he didn’t have information
for any development at this time. Laura Dutscheck, 3281 Vinland Road, noted the mature trees in the area. Mr. Burich stated the trees would probably remain, however, the developer is
allowed to build according to code requirements. Sharon Krause stated there are trees on City property that need to be maintained. Mr. Burich instructed her to call the City Parks Department.
Adam Borys asked if a TIF District could be further explained. Mr. Kinney then explained how a TIF District works. Mr. Bory questioned if his taxes would be raised as a result of the
TIF District. Mr. Kinney stated taxes are based on uses and the land use mix in the area. Mr. Dutscheck questioned the time frame for the extension of Fernau Avenue. Mr. Burich stated
the road would be graded and graveled this year and paved in 2004. Donna Koelbl questioned if there was a time table for the extension of Fernau Avenue to Jackson Street. Mr. Burich
stated there is no time table for that extension.
Plan Commission Minutes 6 April 1, 2003 Donna Koelbl also questioned the impact of traffic on the area. Mr. Burich explained Fernau Avenue would be a major arterial, resulting in heavy
traffic. Mr. Bory questioned if this would become a reality. Mr. Burich stated this request needs Plan Commission and Common Council approval. He stated the area is already zoned for
industrial use and explained approving a Tax Incremental Financing District for the area is the request at this time. Chairman Krueger closed the public hearing portion of the meeting
at this time. Mr. Gehling questioned if the buildings on the property would be razed. Mr. Burich replied the existing buildings on the property would be razed. Mr. Blassingame stated
that it didn’t appear that any City residents are opposing this request, and he does understand the concerns of the residents on the north east side, however, he will support this TIF
District expansion as it will generate 4.2 million in tax increments during its life. Mrs. Propp made reference to Appendix D which lists the minimum setbacks for locating an industrial
use adjacent to a residential use. Discussion followed regarding the landfill, located north of the TIF District, being county owned and unbuildable property. Mr. Dell’Antonia stated
Ms. Krause should possibly be able to work out an agreement to purchase the 30’ – 40’ piece of land adjacent to her property. Motion by Ruppenthal to approve the boundaries of TID #19
and TID #19 Project Plan and recommend approval of the TID boundaries and Project Plan to the Common Council. Seconded by Gehling. Motion carried 9-0. Chairman Krueger stated the item
would be forwarded to the Common Council for approval. Mr. Burich informed the audience they could call the Department of Community Development for the date it would be on the Council
Agenda, and stated they would not receive a meeting notice to that effect. There being no further business, the meeting adjourned at 4:48 p.m. (Ruppenthal/Pressley) Unanimous. Respectfully
submitted, DARRYN L. BURICH Principal Planner DLB/vlr