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PLAN COMMISSION MINUTES
OCTOBER 2, 2001
PRESENT:Lurton Blassingame, Melanie Bloechl, Donald Krueger, Achim Reschenberg, and David
Borsuk; Chairman
EXCUSED:Lee Bettes, Steve Gehling, Donald Pressley, John Ruppenthal, and Fred Timmerman
STAFF:Darryn Burich, Principal Planner, Jackson Kinney, Director of Community Development,
and Vickie Rand, Recording Secretary
The meeting was called to order by Chairman Borsuk. Roll call was taken and a quorum declared
present.
The Meeting Minutes of September 18, 2001 were approved as mailed (Blassingame/Bloechl).
Unanimous.
I:CONSENT AGENDA
A.LAND DIVISION – 2400 BLOCK OF WISCONSIN STREET
Bob Reider, Carow Land Surveying Co., petitioner for Steve Winter, owner, requests the Plan
Commission to approve a two lot land division in the 2400 block of Wisconsin Street. The subject
property is zoned R-2 Two Family Residence District.
Motion by Bloechl for approval of the Consent Agenda. Seconded by Krueger. Motion
carried 5-0.
II:CONDITIONAL USE PERMIT FOR EXPANSION OF A SANITARY LIFT STATION
BACKUP GENERATOR BUILDING ON 28TH AVENUE
City of Oshkosh Department of Public Works, petitioner, requests Plan Commission review and
approval of a Conditional Use Permit (CUP) to allow for the placement of a back up generator building
th
for the Sanitary Lift Station located at the end of 28 Avenue. The subject property is zoned M-2
Central Industrial District, which permits public utility structures by CUP.
Paul Wilson, 605 Mason Street, questioned if the original building would be removed, as he didn’t feel
there was room on the west side for an additional building.
Mr. Burich stated the new building would be constructed on the east side between the existing building
and the railroad tracks.
Plan Commission Minutes Page 2October 2, 2001
Tom Konrad, Superintendent of Utilities for the City of Oshkosh, stated the west side of the building
had been considered for the construction of the new building, but those plans had been abandoned, and
the current proposal is for the east side.
Mrs. Bloechl questioned what the new building and the existing building would contain. Mr. Konrad
explained what each building would contain, and the reason why an addition couldn’t be constructed to
the existing building.
Mrs. Bloechl questioned if this will address issues brought to light from recent storms in Oshkosh. Mr.
Konrad stated it would address some of those issues.
Mrs. Bloechl also questioned the noise from the generator. Mr. Konrad handed out information he had
just received relating to the noise issue.
Chairman Borsuk questioned if the street side of the building needed to be landscaped. Mr. Burich stated
the lift station is in an M-2 Central Industrial District, which is exempt from landscaping. Discussion
followed.
Motion by Chairman Borsuk to landscape the street side of the backup generator building.
Seconded by Blassingame. Motion carried 4-1. Nay: Reschenberg.
Motion by Blassingame for approval of a Conditional Use Permit to allow for the
placement of a back up generator building for the Sanitary Lift Station located at the end
of 28th Avenue with the following conditions:
1.Submittal of a landscape plan that provides a sufficient level of landscape treatment
to de-emphasize the appearance of the east elevation of these structures, with said
plan subject to review and approval of the Department of Community Development.
2.To landscape the 28th Street side of the building.
3.Proposed back up generator building to be constructed to the east of the existing
structure on the site.
Seconded by Bloechl. Motion carried 5-0.
III:CONDITIONAL USE PERMIT FOR A GAS REGULATION STATION ON PEARL
AVENUE
Wisconsin Public Service, petitioner, requests Plan Commission review and approval of a Conditional
Use Permit (CUP) to allow for construction of a district gas regulation station on Pearl Avenue (former
Warren Road), south of Rockwell Avenue. The subject property is zoned M-3 General Industrial
District, which permits public utility structures by CUP.
Mrs. Bloechl questioned how plantings would soften the visual impact of a steel structure. Mr. Burich
stated the building would be constructed with brick material for siding, which along with the installation
of plantings should soften the look of the structure.
Plan Commission Minutes Page 3October 2, 2001
Mrs. Bloechl also asked why this site was chosen for the station. Mr. Krueger stated Wisconsin Public
Service owned the property at that location.
Motion by Blassingame for approval of the Conditional Use Permit to allow for the
construction of a district gas regulation station on Pearl Avenue, south of Rockwell
Avenue, with the following condition:
1.Submittal of a landscape plan that provides a sufficient level of landscape treatment
to replace the trees to be removed and properly landscape the structure, with said
plan subject to review and approval of the Department of Community Development.
Seconded by Bloechl. Motion carried 4-0-1. Krueger voting present.
TH
IV:REZONING OF 521 W. 15 AVENUE
Matthew Vienola, petitioner/owner is requesting the Plan Commission to review and approve a zone
change from M-2 Central Industrial District to R-2 Two Family Residence District. The areas to the
east, west and south are currently zoned R-2 and characterized primarily by single family residences and
the property to the north is currently zoned M-2 with an industrial user on the site.
Motion by Bloechl for approval of a zone change from M-2 Central Industrial District to
R-2 Two Family Residence District. Seconded by Krueger. Motion carried 5-0.
Mr. Kinney arrived at this time.
V:CONDITIONAL USE PERMIT FOR A PARKING LOT AT THE CORNER OF RUSH
AVENUE AND DOVE STREET
James Larson Architect, petitioner for Efrain Lopez, owner requests Plan Commission review and
approval of a Conditional Use Permit (CUP) for the development of a parking lot at the northeast corner
of Rush Avenue and Dove Street. The subject property is zoned R-1 Single Family Residence District,
within which parking lots are a conditional use.
Jane Riley, 1307 Rush Avenue, asked if this development would raise the property tax of the
surrounding neighborhood. Mr. Burich stated it would most likely be a value neutral situation.
Mrs. Riley questioned if the owner planned to purchase two properties for development of the parking
lot. Mr. Burich stated that was what has been proposed.
Jim Larson, Architect, 600 S. Main Street, introduced himself and Mr. Lopez, and stated they were
available to answer any questions the Plan Commission may have.
Mr. Reschenberg questioned why condition number 2 in the Staff Report proposed brick materials be
used for only the west and north walls of the dumpster. Mr. Burich stated his initial concern was for the
housing near the area of the dumpster and not the parking lot to the south. Mr. Kinney suggested a
modification be made to condition number 2 as listed in the Staff Report, for brick materials to be used
in the construction of the west, north, and south walls of the dumpster enclosure with the balance of the
dumpster screened per Zoning Ordinance requirements.
Plan Commission Minutes Page 4October 2, 2001
Chairman Borsuk stated he did not think it was good planning to break up a block in that manner, and
would be voting against the Conditional Use Permit.
Motion by Bloechl for approval of the Conditional Use Permit for the construction of the
parking lot and associated improvements to be in compliance with the standards of Section
30-11 with the following conditions:
1)A landscaping plan be submitted to, and approved by, the Department of
Community Development prior to issuance of a building permit. Said landscaping
plan shall provide and increase the level of landscaping treatments to mitigate the
proposed development’s impact on the surrounding residential uses.
2)Brick materials be used in the construction of the west, north, and south walls of the
dumpster enclosure with the balance of the dumpster screened per Zoning
Ordinance requirements.
3)Use of the parking lot property and associated improvements be deed restricted and
filed with the Register of Deeds for use by the development at 519 N. Sawyer Street
only. Said deed restrictions to be approved by the City Attorney’s office prior to
filing.
Seconded by Krueger. Motion carried 4-1. Nay: Borsuk
ITEM VI:
A.REZONING; CONDITIONAL USE PERMIT/FINAL DEVELOPMENT PLAN
REVIEW 1040 N. KOELLER STREET TO 1965 OSHKOSH AVENUE
B.TELECOMMUNICATIONS TOWER
(A)
Father Carr’s Place 2B LTD, petitioner and owner, requests Plan Commission review and
approval of a rezoning from C-2 General Commercial District to C-2PD, General
Commercial District with a Planned Development Overlay for property generally located at
1014 N. Koeller Street to 1965 Oshkosh Avenue. The petitioner is also requesting Plan
Commission review and approval of the Conditional Use Permit (CUP)/ Development Plan
for the property.
(B)
Additionally, U.S. Cellular, petitioner, requests Plan Commission review and approval of a
CUP for a 120’ monopole, associated antenna, and equipment enclosure. The subject
property contains Father Carr’s Place 2B, and the surrounding area is characterized by
commercial and residential land uses.
Chairman Borsuk questioned what the current ordinance was for joint usage on towers. Mr. Burich
stated there is a co-location requirement as well as having to prove there is a need for a tower at the
proposed location, which the petitioner has met.
Gordon Remsik, Bottom Line Telecom, LLC, stated the main objective for the tower was to provide
service to the north, across the bridge and along the lake, as well as along the waterfront in the western
part of downtown, which up to this point has been serviced by a tower on 9th Avenue.
Mrs. Bloechl questioned if there were fees paid in exchange for allowing the placement of the tower on
this property. Mr. Remsik stated he has a five-year lease with Father Carr with a 25-year option.
Plan Commission Minutes Page 5October 2, 2001
Chairman Borsuk questioned if the tower on 9th Avenue would be abandoned. Mr. Remsik stated he
didn’t have information on that situation at this time.
Chairman Borsuk asked if any other location had been contacted for placement of their tower. Mr.
Remsik stated there wasn’t any other place in the area that offered a location for their tower. He did state
they contacted the golf course but the zoning classification in the area didn’t allow for a tower.
Chairman Borsuk questioned how other providers eliminate dead zones. Mr. Remsik stated there are
dead zones by other providers, however, they would allow 2 other providers on their pole to provide
better customer service.
Mrs. Bloechl asked how many people the Bethlehem Inn could accommodate. Mr. Burich stated the
Bethlehem Inn would be an 82-unit facility. Father Carr stated the Bethlehem Inn would be for men
only, while the proposed Holy Family Villa and Spirituality Center would also have 82 units designated
for women and children only, which is allowed because of the charitable circumstances.
Mrs. Bloechl questioned the safety for the lodgers of the facilities given the proximity to frontage road
and the lack of sidewalks in the area. Father Carr stated there will be internal sidewalks and they are
giving easements to the City to install sidewalks along Koeller Street. Discussion followed regarding the
phases of installing sidewalks along Koeller Street, the option for Father Carr to install sidewalks earlier
if done privately, and the need for all the properties along Koeller Street to be involved in the sidewalk
program.
Mr. Blassingame stated he would not like to see another 3-story facility on the property, as he believes
the Bethlehem Inn already appears to be out of scale with the surrounding area, and would like to see
theproposal for the Holy Family Villa and Spirituality Center reduced to a 2-story facility. He stated he
would not support another structure of this size on the property.
Motion by Bloechl for approval of Item VI A for a rezoning from C-2 General Commercial
District to C-2PD, General Commercial District with a Planned Development Overlay for
property generally located at 1014 N. Koeller Street to 1965 Oshkosh Avenue, and
approval of a Conditional Use Permit/Final Development Plan for the property with the
following conditions:
1)The exterior of the limited stay facility be a combination of steel siding and brick
material that matches the façade material of the approved Bethlehem Inn facility
being constructed on the site.
2)A landscape plan be submitted and approved by the Department of Community
Development that provides an enhanced level of landscaping treatments to screen
the proposed basketball court from frontage road view. Additionally, an enhanced
level of landscaping around the buildings and parking lot perimeter to be provided
in order to effectively screen the cellular tower compound from street view.
3)No outside storage is allowed, and items that are being displayed for sale must be
located on the east side of the storage building and not be visible from USH 41.
4)The owner provide the City with a 3-foot easement for the construction of a
pedestrian pathway along N. Koeller Street.
5)All signs, including temporary signs, must be placed so as to comply with the
applicable setbacks.
Plan Commission Minutes Page 6October 2, 2001
Seconded by Blassingame. Motion denied 1-4. Nays: Blassingame, Bloechl, Krueger, and
Reschenberg.
Motion by Bloechl for approval of Item VI B with the applicable conditions as noted above.
Seconded by Krueger. Motion carried 3-2. Nays: Bloechl, and Borsuk.
VII:CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW AT 1990 MENARD
DRIVE
Brian Fischer, petitioner/owner requests Plan Commission review and approval of a Conditional Use
Permit/Development Plan for property located at 1990 Menard Drive to construct a drive-thru espresso
café in the location of the former Hot’n’Now restaurant. The land use pattern in the area is commercial
in character, and the subject site is zoned C-2PD General Commercial with a Planned Development and
Highway 41 Corridor Overlay, which necessitates this issuance of a Conditional Use Permit.
Brian Fischer, 222 E. Erie Street, Milwaukee, displayed a larger, color site plan for the proposed café.
Chairman Borsuk asked if landscaping would be installed in front of the café. Mr. Fischer stated an
adequate amount of landscaping already existed on the property, which they planned to maintain.
Mrs. Bloechl questioned the width of the driveway entrance. Mr. Fisher stated the driveway entrance off
of Menard Drive was 30 feet. Discussion followed regarding the traffic pattern, the location of another
drive, and widening the driveway to include a divide for ingress and egress.
Mrs. Bloechl next questioned the construction material displayed on the site plan Mr. Fischer presented.
Mr. Fischer stated the material displayed was that which would be used, with the colors as displayed.
Mrs. Bloechl also questioned the signage. Mr. Fischer passed around a picture of the new sign that
would be installed in the same base as used by Hot N Now.
Motion by Bloechl for approval of the Conditional Use Permit Development Plan for
property located at 1990 Menard Drive to construct a drive-thru espresso café with the
following conditions:
1)A landscape plan be submitted to and approved by the Department of Community
Development with an enhanced level of landscaping provided along the north
property line where the proposed development will encroach closer to the north
property line prior to a building permit being issued.
2)Dumpster area to be solidly screened per the requirements of the Zoning Ordinance
with a minimum 6 foot high fence.
3)Cross access and cross parking agreements be provided and filed with the Register
of Deeds office.
Seconded by Blassingame. Motion carried 5-0.
Plan Commission Minutes Page 7October 2, 2001
VIII:CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT REVIEW 902 TAFT
AVENUE
Harbor Way Condominiums, petitioner and owner, request Plan Commission review and approval of a
Conditional Use Permit (CUP)/Planned Development Review for a multiple family development at 902
Taft Avenue. The petitioner is seeking approval for the construction of 36 living units on the property in
22 structures. The subject property is a 7.5 acre parcel that currently is the site of Lakeside Marina and
its associated improvements. The land use pattern in the area is characterized primarily by single family
dwellings as well as the University of Wisconsin athletic fields, and boat slips to the south.
Laura Bergin, 947 Pierce Avenue, questioned what landscaping would be required along Pierce Avenue.
Mr. Burich replied that a landscape plan has not been submitted at this time, however, an increased level
of landscaping is being conditioned where transitional yard setback reductions have been granted.
Laura Bergin also questioned if a cul-de-sac was definitely going to be installed at the end of Pierce
Avenue. Mr. Burich stated that there is currently enough right-of-way at the end of Pierce Avenue to
construct a cul-de-sac and that it may be constructed at a future time when the street is reconstructed.
Gary Leyendecker, Harbor Way Condominiums LLC, 130 Main Street, Suite 104, Menasha, displayed a
colored rendering of the way the structures will be laid out.
Mr. Blassingame questioned if he had anything that showed the effect of the buildings being located
closer than the height of the structures. Mr. Leyendecker stated he had nothing to show the effect, other
than the submitted site plan.
Mr. Reschenberg questioned if the adjacent property owners had been notified. Mr. Burich stated
adjacent property owners had been notified and he had talked with two who had contacted the office
with questions, but were not opposed to the development.
Mrs. Bloechl asked what flood plain issues were of concern to the development. Mr. Leyendecker stated
they have received a permit from the Department of Natural Resources to fill a flood plain. Mrs. Bloechl
questioned if the fill and remove issue didn’t apply in this case. Mr. Kinney stated it wasn’t required,
and compared other properties where there was the opportunity for excavation to occur elsewhere on a
property where a flood plain had been filled in.
Mrs. Bloechl also questioned the modification to allow more than a one single or two family structure
on a lot. Mr. Burich explained the modification is needed because the City’s Zoning Ordinance does not
allow more than a one single or two family structure on a single property, therefore a base standard
modification to the Ordinance is needed to implement the proposed development plan. He noted that a
modification would not be required if the petitioner was proposing to construct larger units on the
property and that granting this modification is more in keeping with the surrounding neighborhood.
Discussion followed on how the development would be constructed in phases, the time frame for each
phase, and how the reconstruction of Sawyer Street would not have an impact on the construction due to
other points of access.
Plan Commission Minutes Page 8October 2, 2001
Motion by Krueger for approval of a Conditional Use Permit/Planned Development
Review for a multiple family development at 902 Taft Avenue with the following
conditions:
1)Floodplain issues be resolved by phase, prior to issuance of building permits.
2)The developer coordinate relocation of public utilities on site and provide for the
entire cost to relay public utilities and provide new easements to plans and
specifications approved by the Department of Public Works, prior to issuance of
building permits in Phase II and III.
3)Proposed units 23 and 24 as shown, be reconfigured to meet all setback and
transitional yard requirements.
4)Landscape plan be reviewed and approved by the Department of Community
Development prior to issuance of building permits. Said landscape plan to reflect
an enhanced level of treatments where transitional yard setback reductions have
been granted.
5)Transitional yard reductions be granted for the access drives in Phase I, along the
south property line, and those drives that serve units 8, 9, 25, and 26 as requested.
6)Modification to allow reductions in the minimum separation between structures be
approved as requested.
7)Modification to allow more than a one single or two family structure on a lot be
granted as requested.
Seconded by Reschenberg. Motion carried 4-1. Nay: Bloechl.
OTHER BUSINESS
I.WEST SIDE GROWTH
Mr. Burich distributed a memo that included mapping materials for the growth on the west side of
Oshkosh with information on how to effectively respond to that growth, to be discussed at a later date.
There being no further business, the meeting adjourned at approximately 5:03 p.m. (Krueger/Bloechl
Unanimous.)
Respectfully submitted,
DARRYN BURICH
Principal Planner
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