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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES FEBRUARY 18, 2003 PRESENT: Lurton Blassingame, Jon Dell’Antonia, Kathleen Propp, Achim Reschenberg, John Ruppenthal, and Donald Krueger, Chairman EXCUSED: Lee Bettes, David Borsuk, Steve Gehling, Jack Heinemann, and Donald Pressley STAFF: Darryn Burich, Principal Planner, Susan Kepplinger, Principal Planner, Matt Tucker, Associate Planner, Jackson Kinney, Director of Community Development, David Patek, Director of Public Works, 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 February 4, 2003 were approved as mailed (Blassingame/Reschenberg). Unanimous. I: ACQUISITION OF 716 OREGON STREET The Department of Community Development requests the Plan Commission to review and approve the acquisition of 716 Oregon Street. The two-story building is for sale and currently contains a merchandise liquidation store (formerly J.C. the Liquidator) on the 1st floor and a vacant 2nd story. The structure was constructed in approximately 1920 and at one time did include the use of the 2nd story for residential purposes, however, that has not be used for about 60 years. Motion by Blassingame to approve the acquisition of 716 Oregon Street. Seconded by Ruppenthal. Mr. Dell’Antonia questioned if the City was looking to acquire any more buildings on the block. Mr. Kinney replied the City would look at opportunities as they arise, however, there were no plans to acquire additional property in that block at this time. Mr. Kinney explained Community Development Block Grant (CDBG) funds would be used to acquire the property and prepare the structure for more intense rehabilitation and make the property available to developers as has been done with central city, Bent Block and Webster Block projects, and is also appropriate for Oregon Street. Motion carried 6-0. Plan Commission Minutes 2 February 18, 2003 II: CONDITIONAL USE PERMIT FOR A MULTIPLE FAMILY DEVELOPMENT FOR PROPERTY GENERALLY LOCATED AT 200-210 DAWES STREET; DISPOSITION OF RIGHT-OF-WAY TO BE VACATED Thomas Design, petitioner for LRN, requests Plan Commission review and approval of a conditional use permit (CUP) for a multiple family development generally located at 200-210 Dawes Street. The Department of Community Development also requests Plan Commission review and approval of the disposition of right-of-way anticipated to be vacated by Common Council action at a March meeting (the Plan Commission recommended this vacation to the Common Council at its February 4th, 2003 meeting). Douglas Hirte, 833 W. Franklin St., identified himself as representative for St. Peter’s Congregation, stating St. Peter’s would like to keep some of the land to relocate their driveway. He stated they would like to move the driveway 20 feet away from the building, make the driveway 20 feet wide and provide 6 feet of green space for snow removal. He stated they have been told they can keep that land, and would like something in writing. He stated they have received a site plan that shows the area will be maintained by St. Peter’s, however, they want to own the area. Susan Kepplinger, Principal Planner, explained when the right-of-way is abandoned some of the rightof-way would revert to St. Peter’s Congregation. She stated the developer needs that land to move forward and she has been involved in many meetings to work out an agreement between the developer and the church and has understood the 20’x 20’ x 6’ piece of land for the church is part of that agreement. She explained the City is not a signatory to the agreement. Mr. Kinney further explained that if the Plan Commission and Common Council would approve of the vacation of right-of-way and the Conditional Use Permit, there would need to be an agreement between St. Peter’s Congregation and the developer in order for the development to proceed as proposed. Chet Wesenberg, Project Manager for Thomas Design, Inc., explained that the developer has been working on an agreement to purchase property from the church, however, there is some confusion over whether a parcel to the east will be vacated to St. Peter’s or remain right-of-way. Mr. Kinney stated that the right-of-way in question would be vacated. Mr. Wesenberg stated in that case the church would own the property. Mr. Hirte also stated Sienna Apartments, a transitional living housing complex for traumatically abused people abuts this proposed development and because of the high density they would like a fence along the north property line. Susan Kepplinger stated she is a board member for the Sienna Apartments and the board has not brought up an issue regarding a fence. Ms. Kepplinger stated that would be another issue to be worked out in the agreement between the developers and the congregation. Mr. Kinney stated St. Peter’s would have the ability to condition the agreement for a fence. Attorney Russ Reff, 217 Ceape Avenue, representing the developers, stated since the developers need part of the right-of-way going to St. Peter’s it was agreed upon to give them money instead of a fence. He stated the developer’s still need to complete an agreement with St. Peter’s in order to move forward. Mr. Blassingame stated the increased density proposed for this development should help facilitate other development in the area. Plan Commission Minutes 3 February 18, 2003 Mr. Dell’Antonia questioned if the setbacks for the proposed development were similar to the new developments across the street. Mr. Kinney stated the proposed development is similar and is a more traditional urban style development typical of older central city developments where the buildings are located nearer to the street, and has been an objective for redevelopment in this area. Motion by Reschenberg for approval of a Conditional Use Permit for a multiple family development generally located at 200-210 Dawes Street and approval of the disposition of right-of-way subject to the following conditions: 1. Landscape plan to be revised and approved by the Department of Community Development. Plan shall include a greater variety of trees than proposed with final approval of all vegetative materials by the Department of Community Development. Department of Community Development must approve materials used for any fencing and/or retaining walls on site. Wood mulch is is to be used in all landscaping areas. 2. The Department of Community Development shall approve all external materials and their colors as well as the location of all mechanical and utility appurtenances. 3. City to vacate those portions of the proposed development currently used or retained for right-of-way purposes. Seconded by Ruppenthal. Motion carried 6-0. III: OFFICIAL MAPPING -GENEVA STREET FROM NORTHERLY MAPPED TERMINUS TO W. PACKER AVE The Department of Community Development requests Plan Commission review and approval to officially map Geneva Street from its current mapped terminus to W. Packer Avenue. The Plan Commission is being asked to consider five potential alignments for an officially mapped street to extend Geneva Street to W. Packer Avenue. Three designs are curved, one is straight, and one incorporates 90 degree turns. Mr. Burich introduced the item stating the pros and cons of each design for officially mapping Geneva Street from its current mapped terminus to W. Packer Avenue. He stated he had received comments from the property owner of 2606 Jackson Street favoring Alternatives A or B that would abut his rear property line. He stated the Department of Community Development recommends alternative “D” which offers a straight design because it is consistent with the traditional grid pattern used in the area, and it wouldn’t create any non-conforming parcels. Motion by Ruppenthal to recommend the official mapping of a straight extension of Geneva Street from its current mapped terminus to W. Packer Avenue. Seconded by Blassingame. Motion carried 6-0. Plan Commission Minutes 4 February 18, 2003 IV: OFFICIAL MAPPING/DELETION HIGHWAY 41/21 INTERCHANGE AND N. WASHBURN ST. The Department of Transportation requests the Plan Commission approve an official map action and deletion in the Highway 41/21 Interchange and N. Washburn Street frontage road area. The action is requested to prepare the area for future reconstruction of the Highway 41 corridor area as identified in the 2002 USH 41 Corridor Study. Dick Spanbauer, 3040 Sheldon Drive, Town of Algoma Chairman, stated the Board had unanimously approved a resolution regarding the 41/21 interchange stating that State Road 21 not be elevated, and State Road 21 and Old Omro Road remain open during construction. Mr. Spanbauer stated he is concerned for the businesses on the west side of State Road 21, whereas closing that intersection for a long time will hurt businesses located there. He stated the Town of Algoma is not opposed to improvements, they are only concerned for the businesses. He stated he refused to believe there was only one plan from the Wisconsin Department of Transportation (DOT). He stated there needs to be a plan developed that will work for both the City of Oshkosh and the Town of Algoma. He asked for a neighborly design for the official mapping. Luvern Kienast, 765 N. Washburn, questioned why the changes were proposed for this area and stated this plan would be a costly mess. Wayne Higgins, President, Traffic Engineering Services, representative for the Highway 21 Omro Association, stated a plan should be adopted with language with regard to meeting local needs. He stated paragraph two in the Staff Report stated the intersection would be closed. He also stated something needs to be done to solve the current traffic problems. He stated there are low cost alternatives to addressing this problem, and this alternative is not acceptable to the Highway 21 Omro Association. Mr. Higgins stated if land were to be reserved for improvements they shouldn’t be reserved with a design. Attorney Russ Reff, 217 Ceape Avenue, stated he was representing the property owners in the area who feel it is premature to officially map the area at this time. He stated this area is some of the best commercial land in the City and his clients would hate to see it put in limbo with a plan that may not take place until 2009 or 2010, especially with the state budget crisis. He stated he didn’t want to see condemnation blight occur, as this official mapping would have a major effect on many businesses in the area. Attorney Reff stated he agreed with Wayne Higgins’ request for the DOT to bring back a plan that would be acceptable to all parties involved. Attorney Reff stated 5,000 people had signed a petition against this proposal when the DOT brought projects forward to be prioritized. Attorney Reff also stated the City of Oshkosh has already mapped the Westowne intersection for improvements. He urged the City not to unmap that area because of this proposal. Attorney Reff urged the Plan Commission not to recommend this proposal but to request the DOT to come back with a better proposal. Plan Commission Minutes 5 February 18, 2003 Jay T. Meidl, 2189 Abraham Lane, stated he had spent time in the area with an engineer from the DOT and questioned how current his statistics were, and was told they were from 1994. Mr. Meidl stated the area has exploded in the last year and a half. He stated the DOT’s plan was outdated and incorrect, and eliminating that intersection would create a disaster. He stated this proposal must be stopped now and urged the Plan Commission to request a new plan from the DOT. Art Pommerening, 237 N. Washburn, stated he had a previous plan from the DOT that shows Highway 21 going over Highway 41. He stated he owns quite a bit of property in this area and has used the DOT’s previous plan for laying out development opportunities there. He stated the proposed plan would make outlots unusable. He urged the Plan Commission to look at the previous official map he had with him. He stated the intersection is a disaster, and some improvements need to be made such as the extension of of the frontage road. Mr. Kinney stated it would be difficult for the Plan Commission to evaluate the DOT map that Mr. Pommerening had brought forward. Mr. Pommerening also presented an aerial photo of the area. Robert Kujawa, 504 W. Nevada, Chairman of the Forward 41 Committee, stated there was a hearing on this project in Madison during December. He stated because the project was not enumerated in this year’s budget cycle, the project would not be considered again until Fall, 2004. He explained the money to pay for the construction didn’t link to the budget crisis. Mr. Kujawa stated the official mapping proposal is based on the lands being developed. Mr. Kujawa stated many groups have signed on in support of changing this intersection including the Chamber, the West Side Association, Winnebago County, and the City of Oshkosh. He explained that official mapping is one of the only tools cities are afforded to provide for proper planning of future growth. He encouraged the Plan Commission to approve the official mapping for orderly development. Gary Lerch, 2517 Omro Road, Co-Chair of the Highway 21 Corridor Committee, which is now dissolved, stated the DOT has convinced themselves to close the intersection because of the high accident rate. He stated he requested and received reports that showed most accidents happened beneath Highway 41 on Highway 21, not at the intersection. Mr. Lerch stated his business has decreased by three loads of gas a month, which is equivalent to $15,000 of gasoline tax the state would have collected. He feels this project is not going to take place. Mr. Lerch stated the State needs to figure out a solution to the stacking problem on Highway 21 for traffic heading north on Highway 41. He stated closing the intersection would not be a positive solution. He encouraged the Plan Commission to ask the DOT for alternatives to improve the intersection now, not in 7-8 years, and not to endorse this design. Tom Buccholz, WI DOT Project Manager stated the request for an official mapping was made based on the potential for commercial development in the area. He stated the design for the reconstruction of the intersection doesn’t come into play at this time as an area is being officially mapped not a design. He stated the Highway 41/21 concerns weren’t pertinent to the official mapping. Mr. Buccholz explained the DOT wanted to get a plan in place to save the taxpayers money from having to buy up new development once the project moves forward. Mrs. Propp questioned if the goal was to keep development out of the officially mapped area. Mr. Buccholz stated their objective was to work with development and ensure that it doesn’t create problems for implementing improvements in the future. Plan Commission Minutes 6 February 18, 2003 Mrs. Propp questioned what the process for the design was from this point. Mr. Buccholz stated a study had been done from Highway 26 to Breezewood Lane, which was passed through several agencies including environmental agencies and the Federal Highway Commission to approve the project. Mr. Ruppenthal noted that this official mapping seemed more aggressive compared to the land that was needed, and questioned if it was due to the 3rd lane needed on the west side of Highway 41. Mr. Buccholz replied that was correct, however, other factors also came into play such as the location of the golf course, utility poles, and the substation at Highway 110. He stated Highway 21 would be shifted to the left, and the 4 lanes needed on Washburn Street was another factor that also needed to be taken into consideration. He stated he hadn’t intended to get into design details at this meeting. Mr. Reschenberg questioned why it wasn’t important to get into the design details at this time, as it may be pertinent in the Plan Commission’s decision making. Mr. Buccholz stated the request for official mapping was conservative with regard to mapping the area and that the State and City would work closely with property owners to define the actual right of way line as developments occur. The State felt it necessary to reserve enough land to ensure that improvements could be undertaken without having to acquire many improvements on properties in the area. Mr. Blassingame questioned the date on the environmental document and the date on the traffic study for the Highway 41/21 project. Mr. Buccholz stated the date on the environmental study was 2-14-02 and the study for the Highway 41/21 project was done in 2000. Discussion followed regarding the Highway 41/21 project and the frontage road extension, and the improvements that could be made in the interim for a safer intersection. Mr. Blassingame was excused at this time. Mr. Ruppenthal stated the major reason for official mapping this area at this time is to prevent development from encroaching into an area where it would cost more money for the State to acquire Discussion continued regarding the State’s decision for the location of right-of-way, the official mapping document not containing a design, the impact of having the area officially mapped, and the ability to delete an officially mapped area or acquire the property. Mrs. Propp questioned if the City had the authority to only officially map City property. Mr. Burich stated City and Town property would be officially mapped as the map indicated with white being the City property and yellow being the town property. Mrs. Propp stated there seemed to be a lot of questions left unanswered, therefore she would oppose the mapping. Mr. Dell’Antonia stated officially mapping the area wouldn’t automatically preclude anything from occurring and he couldn’t see any negative effects it would have on the area. Chairman Krueger agreed with Mr. Dell’Antonia. Mr. Reschenberg questioned since this was a State project would the City be able to delete the official mapping if necessary. Mr. Kinney stated it was an official mapping done by the City at the State’s request, therefore, it could be deleted. Plan Commission Minutes 7 February 18, 2003 Mr. Ruppenthal stated changes are going to take place and a lot of design work is yet to be done, therefore he feels the official mapping needs to take place for the property owners and the State to have the flexibility needed to work with potential development in this area. Motion by Ruppenthal to approve an official map action and deletion in the Highway 41/21 Interchange and N. Washburn Street area. Seconded by Dell’Antonia. Mrs. Propp questioned what the circumstances would be if the Plan Commission and the Common Council approve of this boundary for the official mapping, as to whether it could be used as a tool not to negotiate a different design. Mr. Kinney stated the minutes will reflect statements made by the Highway 41/21 Project Manager that this was an official mapping of an area and the State would work with property owners to more clearly define right-of-way lines, and studies would be further reviewed for a precise design. Motion carried 3-2. Nays: Propp and Reschenberg. V: PRELIMINARY PLAT – FOSTER HEIGHTS: Roehlig Land Surveying & Consulting, petitioner for Del Tritt, owner, requests the Plan Commission to review and approve a preliminary plat known as Foster Heights for property generally located west of Knapp Street, north of 5th Avenue, south of 4th Avenue, and east of Guenther Street. The approximate seven acre property is zoned R-2 Two Family Residence District. Mr. Burich introduced the item noting an additional condition had been added to prohibit direct access to Knapp Street from lots 17 & 18. Dione Gunther, 2606 Shorehaven Lane, owner of property at 300 Knapp Street, questioned if the zoning would remain R-2, Two Family Residence District. Mr. Burich stated it will remain an R-2 District which allows the construction of duplexes, however, he believed the development would consist of mostly single family homes. Al Schneider, 354 Guenther Street, questioned if the cul de sac would have sidewalks. David Patek, Director of Public Works, stated they would be paving Guenther Street and exceptions had been made in the past to eliminate sidewalks when there was a short cul de sac. Discussion continued regarding the installation and cost of sidewalks, with the consensus for a sidewalk decision to be made on the final plat. Gerald Avery, 319 Foster Street, questioned where the drainage would run off from the development. Mr. Patek explained that the next step would be for the developer to design a drainage plan according to subdivision regulations whereby the water needs to be contained on that subdivision. Mr. Kinney explained that a drainage plan needs to be approved before the City will accept the submittal of a final plat. Del Tritt, 6228 County Rd. N., Pickett, developer of the subdivision, stated there may be some duplexes in the subdivision, however, plans at this time are for mostly single family homes. He also stated he hopes the drainage plan will be complete within one month. Plan Commission Minutes 8 February 18, 2003 Gilbert Glaeser, 1067 Bismarck Avenue, stated his property abuts the proposed subdivision and the grade of his property is higher, therefore he questioned what he was required to do about the drainage from his property. Mr. Patek stated that the natural flow of water is allowed to continue. John Beck, representing Gertrude Beck with the Power of Attorney for 402 Knapp Street, stated he was in favor of this development. Motion by Reschenberg for approval of the Preliminary Plat known as Foster Heights for the property generally located west of Knapp Street, north of 5th Avenue, south of 4th Avenue and east of Guenther Street subject to the following conditions: 1) A grading and drainage plan be submitted and approved prior to acceptance of the final plat. 2) The developer be responsible for all capital improvement costs incurred by this development not budgeted by the City. 3) Provide the standard 25’ radius at all street intersections. 4) Developer to enter into an agreement to pay utility connection charges, paving, and sidewalk costs. 5) Provide all easements necessary for utility, drainage, and infrastructure needs as required by the Department of Public Works. 6) Extend the perpendicular portion of the Foster Street/Knapp St. intersection 40 feet west from the preliminary plat boundary line per Department of Public Works. 7) Building envelopes be illustrated on the final plat for those lots that do not meet minimum average lot depth requirements. 8) Developer to demonstrate that the proposed plat reflects the official map prior to final plat approval or request adjustment and/or deletion of the official map. 9) Prohibit direct access to Knapp Street from lots 17 & 18. Seconded by Ruppenthal. Mrs. Propp questioned why Foster Street was flared at Knapp Street. Mr. Patek stated land was made available for the installation of handicap ramps. Mrs. Propp also questioned the depth of the lots in the subdivision that would need variances to build. Mr. Burich explained lots 9, 16, 17, and 19 are not as deep as the Zoning Ordinance requires, although the lots do meet or exceed the minimum lot area requirements, and Section 30-71 (Q) of the City’s Subdivision Regulations allow the Plan Commission and Common Council to take unusual circumstances as this into account and issue variances to the Subdivison Regulations if it is in the public interests. Motion carried 5-0. VI: PROPOSED TEXT AMENDMENTS TO CHAPTER 30/ZONING REGULATIONS The Department of Community Development requests the Plan Commission review and recommend approval of text amendments to Chapter 30 of the Oshkosh Municipal Code, which is the City’s Zoning Ordinance. The intent of this ordinance language is to establish standards in the Zoning Ordinance that will relate to parking and placement of recreational vehicles and off-premise recreational equipment. Plan Commission Minutes 9 February 18, 2003 Mr. Burich introduced the item noting that workshops have been held for both the Plan Commission and the Common Council and revisions have been made to reflect their concerns. Mr. Ruppenthal questioned how the general public was going to become aware of these changes. Mr. Burich replied that the City was required to publish Ordinance changes. Mr. Kinney stated the effective date has been set for January 1, 2004 to give ample time to educate the public through press releases and programs on Channel 10. Motion by Ruppenthal for the approval of text amendments to Chapter 30 of the Oshkosh Municipal Code to establish standards in the Zoning Ordinance that will relate to parking and placement of recreational vehicles and off-premise recreational equipment. Seconded by Propp. Motion carried 5-0. VII: PROPOSED TEXT AMENDMENTS TO CHAPTER 30/ZONING REGULATIONS The City Department of Community Development requests review and approval of an amendment to the City of Oshkosh Floodplain Provisions to adopt new Flood Insurance Rate Maps (FIRM) and a Flood Insurance Study (FIS) for the City of Oshkosh. The new mapping is the result of an extensive study undertaken by the Wisconsin Department of Natural Resources (WDNR), working with the Federal Emergency Management Agency (FEMA). Mat Tucker, Associate Planner, explained that there is a discrepancy between the Flood Insurance Rate Maps and the Regulatory Floodplain Maps, but through the work of the WDNR and FEMA the new mapping establishes Base Flood Elevations (BFE) for area’s in the County previously excluded. Mr. Tucker stated the adoption of these maps will make it much easier and have more accuracy when making determinations as to requirements for flood insurance for individual property owners. Mr. Tucker also stated the City is required to adopt the new FIRM’s and FIS maps by March 17, 2003. Motion by Ruppenthal for approval of an amendment to the City of Oshkosh Floodplain Provisions to adopt new Flood Insurance Rate Maps (FIRM) and a Flood Insurance Study (FIS) for the City of Oshkosh. Seconded by Dell’Antonia. Motion carried 5-0. There being no further business, the meeting adjourned at 5:53 p.m. (Dell’Antonia/Propp) Unanimous. Respectfully submitted, DARRYN L. BURICH Principal Planner DLB/vlr