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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES SEPTEMBER 18, 2001 PRESENT:Lurton Blassingame, Steven Gehling, Donald Krueger, Donald Pressley, Achim Reschenberg, John Ruppenthal, Fred Timmerman, and David Borsuk; Chairman EXCUSED:Melanie Bloechl, and Lee Bettes STAFF:Darryn Burich, Principal Planner, Jackson Kinney, Director of Community Development, and Vickie Rand, Recording Secretary OTHERS PRESENT: David Patek, Director of Public Works The meeting was called to order by Chairman Borsuk. Roll call was taken and a quorum declared present. The Meeting Minutes of September 4, 2001 were approved as mailed. (Krueger/Reschenberg. Unanimous.) I:CONDITIONAL USE PERMIT FOR A CHILDREN’S DAY CARE FACILITY AT 1721 AND 1745 OHIO STREET Faith Evangelical Lutheran Church, owners, request Plan Commission review and approval of a Conditional Use Permit (CUP) to construct and operate a child day care facility between 1721 and 1745 Ohio Street. The land use pattern in the area is generally residential in character; however, Faith Evangelical Lutheran Church and a parsonage are located on the subject property. The property is zoned R-1 Single Family Residence District, which does allow day care center uses by CUP. This item was laid over from the August 21, 2001 Plan Commission Meeting, to provide the opportunity for the neighbors and church to meet. The church met with neighbors on Tuesday, August 28th. Nancy Ebert, 559 W. 17th Avenue, (residence) and 1708 Ohio Street, (rental property) stated she was in favor of the day care facility. She stated she approved of the proposal because it was licensed by the State of Wisconsin, it wasn’t too large for the site, it would be fenced in, and she didn’t see any danger to the neighborhood that would result from its presence. John Murphy, 633 W. 17th Avenue, stated the neighbor’s basic objection was that they didn’t want a business in the neighborhood. He stated they would like to see the neighborhood remain residential. He suggested the church develop the property with housing, make a profit, and purchase property in another location to develop a day care facility. Plan Commission Minutes Page 2September 18, 2001 Robert Davis, 617 W. 17th Avenue, stated that no one has come forward to have their name removed from the previous petition submitted to the Plan Commission. He stated he had attended the meeting held by the church, and noted the size of the playground was quite excessive. He also stated a real estate agent representing the church stated their property value would increase, however, he stated the appraiser he contacted stated the affect on the property value would depend on the market. Joseph Raab, 1732 Ohio Street, agreed that this was not an appropriate site to locate a day care facility, and stated the residents who signed the petition remained opposed after attending the meeting held by the church on August 28th. Kevin Ganther, Ganther Construction, handed out an evaluation of concerns voiced by the neighbors, and the Planning Staff, and their response to those concerns. (On file in the Department of Community Development.) Mr. Ruppenthal questioned how many people attended the meeting held by the church. Mr. Ganther replied approximately 40 people attended out of the 65 that had been invited. Donald Holdren, 1716 Delaware Street, stated he bought his property because of the open space in the neighborhood, and the park like atmosphere the neighbors had created with various types of gardens. He stated he had checked with his insurance agent regarding any trespassing that may occur on his property from the day care, and was told he should consider purchasing additional insurance, along with the consideration of installing a fence on his property. He made note of previous vandalism he experienced in the neighborhood. He stated he was opposed to the day care facility and the noise it would bring. Marilyn Morrison, 629 W. 17th Avenue, stated the meeting the church held did not address the concerns of the neighbors. She stated she would like to keep the neighborhood residential in character. Robert Davis, stated Ganther Construction didn’t notify all the neighbors for the meeting who may have concerns. Romano Holdren, 1716 Delaware Street, stated she didn’t agree with the real estate agent representing the church at the neighborhood meeting, who distributed a hand out which stated property value increased near schools. Carol Murphy, 633 W. 17th Avenue, stated she is in agreement with the opposition stated thus far, and stated the property values around schools differ from this proposal for a day care center. She stated she likes the openness of the neighborhood. Mr. Murphy stated there is a difference between a school and a day care, by which a day care is a for profit entity. Mr. Holdren questioned if the land would be surveyed, stating he has only found three markers indicating the location of lot lines in the area. Ronald Lehman, representative for the church, stated the church property was surveyed 4 years ago, and the boundaries are in place. Plan Commission Minutes Page 3September 18, 2001 Jill Pearson, 1335 Clairville Road, church member, stated the location for the day care was being proposed in the middle of the property. She noted they were trying to stay away from neighboring lot lines as much as possible. She also stated that the open, park like atmosphere is being used by the neighborhood for football games and other activities. She stated she felt this proposal was a good use for the church’s property. Mr. Blassingame questioned the church’s purpose for the day care center. Mr. Timmerman stated he understood at the prior meeting, the church had discovered through their research a need for a day care facility in the neighborhood, along with a need from their membership for day care services. Mr. Ruppenthal stated he understood the openness of the area was largely a result of the church’s property, and stated it was not an unreasonable request for their property. He also stated the traffic didn’t seem too busy to raise a concern for the safety of dropping off or picking up children, and didn’t see how the number of children the facility would care for would present a problem. He stated a church environment should provide a safe, reliable atmosphere for children. Mr. Reschenberg questioned what ages would be accepted at the facility. Ms. Pearson stated the facility would be licensed for children age’s 6 weeks to 6 years of age. Mr. Reschenberg compared the proposed day care facility with day care facilities at other churches in a busy neighborhood, as well as his own neighborhood, and noted he has seen no problems with the safety of the children. He stated the noise will be more of a factor in the summer, however, he noted these are not older children, which the neighbors would be more likely to have concerns with. He also noted the safe drop off and pick up location. He stated he would vote in favor of the proposal as he felt it offered a good use for the land, which will address a need through a reputable environment. Chairman Borsuk questioned if a landscape plan was required with this proposal. Mr. Burich stated a landscape plan would be submitted and approved per the requirements of the City of Oshkosh Zoning Ordinance. Motion by Krueger for approval of the Conditional Use Permit to be found in compliance with the standards of Section 30-11 for the operation of a child day care center between 1721 and 1745 Ohio Street with the following conditions: 1)License capacity for the facility not to exceed 48 children. 2)Hours of operation to be limited to 6 a.m. to 6 p.m., Monday through Friday. Seconded by Reschenberg. Motion carried 8-0. II:RIGHT-OF-WAY VACATION/OFFICIAL MAP CUL-DE-SAC MYRNA JANE DRIVE Constance Kowalske, petitioner, requests Plan Commission review and approval for vacation of an approximate 50’ x 150’ portion of right of way located on the south side of Myrna Jane Drive. The petitioner is requesting to vacate the right of way in order to join her two properties. The petitioner owns the property at 87 Myrna Jane Drive as well as the property on the west side of the right of way, which is in the Town of Black Wolf. Plan Commission Minutes Page 4September 18, 2001 Constance Kowalske, 87 Myrna Jane Drive, stated she does not approve of right-of-way being dedicated for a cul-de-sac, nor was she in favor of providing an easement for a bike trail and water main. She stated she likes the peacefulness of the area and noted that her neighbors were also against the proposal. She further stated a trail next to the rail road tracks would not be safe. Mr. Kinney stated the easement provides an opportunity for looping of the City water mains in the area when Patriarchs subdivision is fully developed. He noted that the City doesn’t need to vacate that area, because it could be used for looping of the water mains which would improve water quality in the area as well as being set aside for trail purposes. He continued to discuss the trail, that if the easement were provided the trail would coincide with the rail road right-of-way, which would provide a passive recreation area. He also explained the opportunity at this time to officially map a cul-de-sac for the area that would provide an easier turn around, in the event street improvements were made some time in the future. John Nelson, 1415 Witzel Avenue, Ms. Kowalske’s brother, stated that it seemed that the Plan Commission wasn’t concerned with the property owner’s desires for the area, but for the City as a whole. He stated the people on the street have no problem with the way it is now, and providing a cul- de-sac of this size wouldn’t be big enough for a garbage truck or snowplow turn around. He argued a cul-de-sac would take away the sound barrier from the train and change the atmosphere of the neighborhood. He stated a cul-de-sac would invite more people to travel the street and park in the area to use the trail. Mr. Nelson stated the neighbors don’t want the street widened, sidewalks provided, or a cul-de-sac. He urged the Commission to consider the desire of the neighborhood. He stated there was no need for the right-of-way, as Mr. Decker didn’t want a street to go through to the Patriarch’s Subdivision, and the dedication of right-of-way for the cul-de-sac would go through Ms. Kowalske’s garage, driveway, and 5 or 6 mature trees on the property. He stated Ms. Kowalske was led to believe, through her real estate agency, that it would be easy to vacate the property. Howard Taylor, 90 Myrna Jane Drive, stated he has lived at his current residence for eight years, and previously had lived on Myrna Jane Drive in the late 50’s early 60’s. He stated he moved back to the area as he felt it would be a nice place for retirement. He stated there is an average daily flow of 8-10 cars on the street. He stated the old rail road right-of-way which is 50’ x 199’ was deeded into their property on the west side and would coincide with the 50’ x 50’ cul-de-sac proposed. He stated he has cleaned up the area that was overgrown with weeds to provide an area for garbage trucks and other City service vehicles to back into to turn around and it is working out well. He stated he would like to see Myrna Jane Drive remain as it is. He also stated there was no need to provide a cul-de-sac to encourage people to travel down for a turn around when there was nothing down there but rail road tracks. Ervin Sobojinski, 33 Myrna Jane Drive, questioned whose decision it was to put in curb, gutter, and sidewalks. He stated Myrna Jane Drive is one block long, and doesn’t need the improvements. He stated many retired people live in the neighborhood, and they don’t need sidewalks. He also stated the children in the area are currently safe riding their bikes in the street. He stated turning around has not been a problem for 33 years, and doesn’t feel a cul-de-sac is needed at this time. Mr. Kinney stated there is no recommendation for a new street with curb and gutter or sidewalks. He explained the proposal was to officially map the appropriate right-of-way for a cul-de-sac at the end of the street if it ever would become necessary. He explained the only way they would get a new street was to petition for it. Plan Commission Minutes Page 5September 18, 2001 Constance Kowalske stated the map shows 5’ sidewalk easements, along with the right-of-way proposed for the cul-de-sac. She questioned what time frame the City was looking at for these improvements. David Patek, Director of Public Works, stated the area was originally platted for 50’ of right-of-way by the township, which also required an additional 5’ easement on each side of the street reserved for sidewalks. Mr. Gehling asked what property was owned by the City of Oshkosh, the petitioner, and the Town of Black Wolf. Mr. Kinney referred to map in the Staff Report, and explained the cross-hatched 50’ represented public right-of-way under the City of Oshkosh’s jurisdiction. He pointed out the petitioner also owned a parcel in the Town of Black Wolf. He explained they are recommending the vacation in exchange for an easement for a bike trail, which will need to be worked out with the Town of Black Wolf, however, he explained the primary reason for the 15’ easement on the west would be for looping of water main to provide better service. He questioned if it would be good planning to vacate the property without consideration for a cul-de-sac, and the proposed easements. Mr. Gehling asked if the cross-hatched section of land would go up for sale upon vacation. Mr. Kinney explained the property would go to property owners on either side, therefore the petitioner would get the property by virtue of vacation. Don Pressley clarified that unless property owners along Myrna Jane Drive petition for street improvements a cul-de-sac will not be constructed. Mr. Timmerman reviewed the course of action that would need to take place for street improvements to happen. Ms. Kowalske stated she would still be loosing a lot of land with the vacation as proposed. Mr. Timmerman stated the cul-de-sac may never happen, and he didn’t feel the City was asking a lot in exchange of the subject property. Mr. Patek made reference to the argument that the cul-de-sac would not provide an adequate turn around for service vehicles by stating the cul-de-sac would be officially mapped at the correct size per city code. Mr. Blassingame stated the cul-de-sac shouldn’t be used as a parking area for the trail. He also noted the Plan Commission has been appointed to represent the City as a whole in addition to taking the surrounding property owners comments into consideration. He stated the planning staff and Plan Commission are reacting to the petitioners request and if the conditions weren’t agreeable, the request could be withdrawn. Mr. Ruppenthal stated the City of Oshkosh was not asking much in exchange for vacating the property. He stated they have a responsibility to plan for good land use. Motion by Ruppenthal to approve the vacation of a portion of Myrna Jane Drive and the official mapping of a cul-de-sac as shown on the attached map prepared by the Department of Public Works with the following conditions: Plan Commission Minutes Page 6September 18, 2001 1.Petitioner grant a north south 15-foot wide trail and utility easement along the petitioner’s west property line as shown on the attached map prepared by the Department of Public Works. 2.Petitioner dedicate or provide the legal means necessary to dedicate that portion of the cul-de-sac to the Town of Black Wolf. 3.Right of way be officially mapped to provide for a future cul-de-sac in accordance with the attached map prepared by the Department of Public Works. Seconded by Timmerman. Motion carried 8-0. Mr. Kinney suggested Ms. Kowalske make an appointment to talk with the planning staff before the item goes before the Common Council. III:DEDICATE RIGHT OF WAY AND ACCEPTANCE STORM SEWER EASEMENTS– 2531 & 2561 W 9TH AVENUE The Department of Public Works requests Plan Commission review and approval of the dedication of right of way and storm sewer easements at 2531 and 2561 W. 9th Avenue. Motion by Timmerman for approval of dedication of the additional 7 feet of right-of-way and the acceptance of storm sewer easements per the prepared and signed warranty deeds and easements from 2531 and 2561 W. 9th Avenue. Seconded by Gehling. Motion carried 8-0. OTHER BUSINESS I.WEST SIDE GROWTH Mr. Kinney stated he was currently working on a memo which would include mapping materials for the growth on the west side of Oshkosh which would be mailed to the Plan Commission before the next meeting. II.NEW STAFF IN THE PLANNING SERVICES DEPARTMENT Mr. Kinney stated Kristi Bales was recently hired to join the staff of the Planning Services Department, whose duties would include working on the update of the Comprehensive Plan. There being no further business, the meeting adjourned at approximately 5:02 p.m. (Timmerman/Gehling. Unanimous.) Respectfully submitted, DARRYN BURICH Principal Planner DB/vlr