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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES JUNE 19, 2001 PRESENT:Lurton Blassingame, Melanie Bloechl, Steven Gehling, Donald Pressley, Achim Reschenberg, James Smith, John Ruppenthal, Chairman Pro Temp EXCUSED:Lee Bettes, Donald Krueger, Fred Timmerman, and David Borsuk STAFF:Darryn Burich, Principal Planner, Jackson Kinney, Director of Community Development, and Vickie Rand, Recording Secretary Mr. Blassingame nominated John Ruppenthal as Chairman Pro Temp. Seconded by Reschenberg. Unanimous. The meeting was called to order by Chairman Pro Temp Ruppenthal. Roll call was taken and a quorum declared present. The minutes of June 5, 2001 were approved as mailed. I:CONSENT AGENDA TH A:STORM SEWER EASEMENT AT 1760 W. 7 AVE The Department of Public Works is requesting the Plan Commission to review and approve the th acceptance of a storm sewer easement at 1760 W. 7 Avenue. The easement area is 150 square feet th with 15’ going into the property off of 7 Avenue. B:Land Division: 3105 S. Washburn Street Tom Shepeck, petitioner for Evergreen Hospitality and McClone Downtown Development, owners, requests the Plan Commission to review and approve a land division for property generally located at and near 3105 S. Washburn Street. The property is zoned M-1PD Light Industrial District with a Planned Development Overlay. C:Land Division; 400 N. Koeller Street Dumke &Associates, LLC, requests the Plan Commission to review and approve a land division for property generally located at 400 North Koeller Street. The subject property is zoned C-2 General Commercial District with a Highway 41 Corridor Overlay. Plan Commission Minutes Page 2June 19, 2001 Mr. Burich stated that a correction should be made to the conditions for “Item B” to apply to lots 1 & 2 only. Tom Shepeck, 1018 W. South Park Avenue, explained they had a survey done for the entire site, which included the 28 acres that are undeveloped at this time. He stated the cross access agreement condition would apply to lots 1 and 2 only and not the other lots in the proposed CSM. Mr. Smith stated he was pleased to see that the old shed on the property has been removed. Andy Dumke, 206 S. Memorial Drive, Appleton, stated because of the City’s acquisition of property on Lombard, and the widening of Koeller Street he was not able to create lots to meet the required 1.5 acres. Therefore he has obtained a variance from the Board of Appeals for the creation of lots that are approximately 1.35 acres. Motion by Smith for approval of the Consent Agenda with modified conditions for “Item B” as follows: 1)A cross access and cross parking agreement for lots 1 and 2 be submitted to, and approved by, the City of Oshkosh and recorded with the Register of Deeds. 2)No additional driveways to be allowed from lots 1 and 2 to the public right-of-ways without prior approval by the City of Oshkosh. And the following condition for “Item C”: 1)That a cross-access parking agreement, subject to review and approval by the City Attorney, be submitted and on file with the planning department and recorded at the Register of Deeds, for the land division between lots 2 and 3 of the proposed CSM. Seconded by Reschenberg. Motion carried 7-0. th II:W. 20 AVENUE II ANNEXATION J. Peter Jungbacker and Anne Burns Hillenbrand, petitioners, request the Plan Commission to review thth and approve the 20 Avenue II annexation for properties generally located on the south side of 20 th Avenue between Wendy’s Old Fashioned restaurant on the west at 1635 W. 20 Avenue and Best Car th Wash on the east at 1611 W. 20 Avenue. Temporary and permanent zoning of C-2 General Commercial District has been requested. The general area surrounding the proposed annexation is characterized by commercial uses to the north, east, west and some residential parcels to the south that lie within the Town of Algoma. The annexation area totals about 0.71+ acres. The annexation is comprised of two parcels of land, one vacant and one residential parcel. Mrs. Bloechl questioned if the two parcels would be combined for development and how many points of ingress and egress were intended for 20th Avenue if the zoning were to remain as a C-2 District. Peter Jungbacker, 1432 W. New York, stated that the subject property would be developed as one lot with one point of ingress and egress. Plan Commission Minutes Page 3June 19, 2001 Motion by Pressley for approval of the 20th Avenue II Annexation for properties generally located on the south side of 20th Avenue between Wendy’s Old Fashioned Restaurant on the west at 1635 W. 20th Avenue and Best Car Wash on the east at 1611 W. 20th Avenue, with temporary and permanent zoning of C-2 General Commercial District. Seconded by Bloechl. Motion carried 7-0. III.FINAL PLAT – FOURTH ADDITION TO WESTLEIGH FARMS SUBDIVISION Thomas Rusch, petitioner and owner, requests the Plan Commission to review and approve the final plat known as the Fourth Addition to Westleigh Farms Subdivision for property located south of Rebecca Run and west of Pheasant Creek Drive. Ann Hazer, 1101 S. Oakwood Road questioned if Mr. Rusch has agreed to construct a road connecting 9th Avenue through Pheasant Creek Drive by April 1st of 2002? Mr. Kinney stated a Developer Agreement with Mr. Rusch, prepared by the City Attorney, has been signed by Mr. Rusch and submitted as of June 18, 2001. John Hazer, 1101 S. Oakwood Road, stated he was happy to hear a road would be constructed by April 1, 2002, and had nothing further to add. Mrs. Hazer questioned if a copy of the agreement was available. Mr. Kinney stated a copy of the agreement would be available with the Common Council Agenda or that she could obtain one tomorrow at the Department of Community Development. Mrs. Hazer questioned if a penalty clause was included in the Developer Agreement, in the event the road was not completed by the April 1, 2002 deadline. Mr. Kinney stated there is no penalty clause in the agreement, however, the City would take the same action as it does when the terms of other agreements that it enters into with other developers have not been met. Mr. Rusch, 3801A State Road 21, stated he has been working with the Department of Public Works over the past 5 years to work out drainage and retention problems in the area to be able to construct a road. Mr. Smith questioned where the road would connect to 9th Avenue. Mr. Kinney referred to the map of Pheasant Creek Farm II in the staff report to point out the proposed connections. Mr. Rusch explained that a street will be constructed from Pheasant Creek Farm subdivision in the north to connect with Rebecca Run and Pheasant Creek Drive in the Third Addition to Westleigh Farms, which will provide another means of ingress and egress from these subdivisions. Mr. Reschenberg questioned what type of street would be constructed by April 1, 2002. Mr. Kinney stated the street would be constructed in accordance with subdivision regulations. He explained the street would be up to grade and consist of gravel to be concrete with curb and gutter within three years. Mrs. Bloechl questioned the timetable for the completion of streets in a subdivision. Mr. Kinney stated the street will be required to be dedicated and open by April 1, 2002, with three years from that date to be completed with cement, curb and gutter. He also stated that Mr. Rusch plans on submitting a preliminary plat for the area to the north of Westleigh Farms that will include Pheasant Creek Drive in the near future. Mr. Rusch confirmed this and stated that it should be ready to be submitted in July. Plan Commission Minutes Page 4June 19, 2001 Mrs. Bloechl asked Mr. Rusch if there was any reason he wouldn’t be able to meet the 2002 deadline for construction of the street. Mr. Rusch replied he has been working on a 2-acre retention area, which has delayed bringing the subdivision forward for review and approval, but didn’t foresee any further delays. Mrs. Hazer questioned if there were any issues with the Town of Algoma that still needed to be resolved. Mr. Lang stated there is still work to be done, however, they have thus far been able to work through many issues. Motion by Bloechl for approval of the Final Plat known as the Fourth Addition to Westleigh Farms Subdivision subject to the following conditions: 1)Owner will dedicate additional right-of-way to provide a radius at each block corner as required by the Department of Public Works. 2)The developer be responsible for all capital costs not budgeted by the City. 3)Prior to the City’s signing of the final plat, the developer is required to enter into an th agreement with the City to provide for a connection via Pheasant Creek Drive to 9 Avenue from Rebecca Run. 4)Judy Lee Drive be renamed to Judy Lee Court due to its not being a through street. Seconded by Blassingame. Motion carried 7-0. IV:CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT OVERLAY MODIFICATION– 2535 W. WAUKAU AVE. Thomas Rusch and Richard Gabert request the Plan Commission to review and approve a modification to a Conditional Use Permit (CUP) originally reviewed and approved by the Plan Commission on November 9, 1992. The area is zoned R-3 PD Multiple Dwelling District with a Planned Development Overlay. The general area is characterized by single family dwellings and zoning to the south and east and commercial or manufacturing uses to the north. The lands to the west are vacant. Gerald Berndt, 2527 W. Waukau Avenue, stated his property abutted the subject property, and he has had drainage problems resulting from Phase I of that development, and would like to see plans made for the proper drainage of Phase II. He also stated he would like a fence constructed to deter tenants from using his property as their own, as he has been experiencing problems from the existing apartments tenants. He stated it cost him approximately $3,000 to have the drainage problem corrected from the Phase I apartment complex. Mr. Ruppenthal questioned where Mr. Berndt was having the water problems. Mr. Berndt indicated on the map as displayed to show the location of his property, where he experienced drainage problems in the past, and where he feels drainage problems will result from Phase II implementation of this development. Mr. Berndt suggested that Mr. Rusch be required to install a fence along the sides of his property that are adjacent to Mr. Berndt’s where the problem was occurring. Plan Commission Minutes Page 5 June 19, 2001 Mr. Rusch stated he wasn’t aware of the drainage problems on the east side of the development, but would work with Public Works to ensure a compliant drainage plan as well as working with Mr. Berndt on his drainage concerns. Mr. Kinney suggested that as an added condition to this approval the development comply with the City of Oshkosh’s Storm Drainage and Retention Ordinance. Mrs.Bloechl questioned why Mr. Rusch was proposing to turn the two 8-unit apartments into a 16-unit apartment. Mr. Rusch stated that when an 8-unit complex is constructed, it usually would consist of all 2-bedroom units. He explained a 16-unit apartment complex would enable the creation of eight 1- bedroom units and eight 2-bedroom units, which will offer less expensive housing, and more variety as the market demands. Mrs. Bloechl questioned if there were any foreseeable problems with the abutting R-1 district, and if there was anything that could be done to prevent apartment dwellers from trespassing on Mr. Berndt’s property. Installation of a fence along Mr. Berndt’s property lines was suggested. Mr. Kinney explained that making it a condition that a fence be installed as part of the approval of this modification could be done, but Mr. Rusch could go ahead with implementation of the original development plan as approved, so the Plan Commission should consider that fact when adding conditions to the approval. Mrs. Bloech asked if Mr. Rusch would be willing to install a fence along the property lines that abut Mr. Bernd’t property. Mr. Rusch stated he would be willing to install a fence at his own cost along Mr. Berndt’s south property line and share the cost along Mr. Berndt’s west property line where the apartments are constructed and landscaping is in place. It was agreed by both parties. Discussion followed regarding the plantings and the neighbor’s behavior. Motion by Smith for approval of the modification to the Conditional Use Permit to allow the petitioner/owner to combine two 8 unit multiple family structures into a single 16 unit structure with the following conditions: 1)A landscaping plan be submitted and approved by the Department of Community Development prior to any building permit being issued, and that the landscape plan include additional landscaping and berming along the lot lines adjacent to existing or proposed single family dwellings or zoning, with construction of a fence along the rear lot line of 2527 Waukau Avenue, and a fence to be constructed on the west lot line of 2527 Waukau Avenue with the cost shared between the developer and the property owner for the fence along the west side of 2527 Waukau Avenue. 2)The developer comply with the City Storm Drainage and Retention Ordinance. Seconded by Bloechl. Motion carried 7-0. Plan Commission Minutes Page 6June 19, 2001 V:CONDITIONAL USE PERMIT FOR A DAY CARE CENTER AT 615 EVANS Katherine and Robert Weisheipl, petitioners/owners are requesting the Plan Commission to review and approve a Conditional Use Permit (CUP) to operate a child care facility at 615 Evans Street. The land use pattern in the area is generally residential in character, however, there is a church use, Calvary Chapel, that abuts this property to the south. The property is zoned R-2 Two Family Residence District, which does allow day care center uses by CUP. Robert Weisheipl, 55 Welle Drive, stated he has agreed with conditions as stated in the Staff Report and stated they will have less than 71 children at the site. He also stated the hours of operation as listed in the conditions are what they intend to follow. Mr. Gehling questioned why a Conditional Use Permit was needed for a children’s day care center in this neighborhood. Mr. Burich explained the property had been vacant for over one year, therefore a new Conditional Use Permit was needed. Mr. Smith questioned why as a condition of this approval that the hours of operation were limited. Mr. Burich stated the petitioners had indicated in their application that those were the hours that they would be open and that due to this proposed use in a primarily residential area this condition be added. If the petitioners feel that they need to be open beyond the hours as proposed, they could request a modification to the CUP. Mrs. Bloechl questioned if this was the owners first experience with a day care for children. Katherine Weisheipl, 615 Evans Street, stated she has worked at a children’s day care for approximately 5 years. Motion by Blassingame for approval of the Conditional Use Permit for the operation of a child day care center at 615 Evans Street with the following conditions: 1)License capacity for the facility not to exceed 71 children. 2)Hours of operation to be limited to 6 a.m. to 6 p.m. Monday through Friday. Seconded by Reschenberg. Motion carried 7-0. VI:CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW Dan Rogers, representing Wendy’s Old Fashioned Hamburgers, requests the Plan Commission to review and approve a Conditional Use Permit/Development Plan for property located east of and adjacent to the Community First Credit Union at 2424 Westowne Avenue. 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 Overlay. Dan Rogers, 40 Shuman Boulevard, Suite 130, Naperville, IL, stated he agreed with the conditions as outlined in the Staff Report, and discussed plans for the design of the exterior of the building and landscaping to be done on site. Plan Commission Minutes Page 7June 19, 2001 Mrs. Bloechl questioned if there would be outdoor eating facilities, and what was going to happen with the Wendy’s Restaurant on 20th Avenue. Mr. Rogers stated there would not be any outdoor eating facilities, and explained the restaurants were individually owned franchises and as far as he knew this restaurant would be an addition to the number of restaurants in Oshkosh. Mr. Smith questioned if the back of the restaurant was going to look like the front of the restaurant. Mr. Rogers stated the same materials would be used on the back as on the front of the restaurant and that the condition of installing the Series II fascia along 40% of the rear façade of the structure was acceptable and that they would probably install it along 70% of the rear façade. Further discussion regarding the design of the building and the landscaping plan followed. Mr. Gehling pointed out the picture of the monument sign for the restaurant, and noted how attractive this type of signage was and encouraged it’s use in the future. Mr. Rogers noted that two signs would be constructed on the site. One monument sign and one pylon sign. He discussed the various locations being considered for the signs pending a variance by the Department of Transportation. Mr. Reschenberg questioned the points of ingress and egress. Mr. Rogers stated there would be a one way traffic pattern with two driveways, one for ingress and one for egress. Mr. Reschenberg also questioned if the driveways would be flared for easier entrance. Mr. Rogers stated the driveways would be flared which should also help to preserve their directional signage and landscaping. Mr. Rogers also stated that he would have his architects work on some elevations showing the improved look of the rear of the building to be presented when the Council considers approval of this CUP. Motion by Bloechl for approval of a Conditional Use Permit/Development Plan for a Wendy’s Restaurant with a drive-thru for property located east of and adjacent to the Community First Credit Union at 2424 Westowne Avenue with the following conditions: 1)A landscape plan be submitted to and approved by the Department of Community Development prior to a building permit being issued. 2)Petitioner install the “Series II” fascia system, as shown on submitted building elevations and in the same fashion, along the rear elevation of the structure for at least 40% of the width of the structure as shown on the submitted building elevations. Seconded by Gehling. Motion carried 7-0. There being no further business, the meeting adjourned at approximately 4:58 p.m. Respectfully submitted, DARRYN BURICH Principal Planner DB/vlr