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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES JUNE 5, 2001 PRESENT:Lurton Blassingame, Melanie Bloechl, Steven Gehling, Donald Krueger, Achim Reschenberg, John Ruppenthal, James Smith, Fred Timmerman, and David Borsuk, Chairman EXCUSED:Lee Bettes, and Don Pressley STAFF:Darryn Burich, Principal Planner, Susan Kepplinger, Principal Planner, Jackson Kinney, Director of Community Development, David Patek, Director of Public Works, and Vickie Rand, Recording Secretary Chairman Borsuk called the meeting to order. Roll call was taken and a quorum declared present. The minutes of May 15, 2001 were approved as mailed. (Timmerman/Bloechl) Unanimous. I:CONSENT AGENDA A:Privilege In Street/Jackson St.; South of Murdock Ave. Delta Environmental Consultants, petitioner, requests the Plan Commission review and approve a Privilege In Street to allow the placement of a 9” diameter monitoring well in a City right-of-way. The well is being requested to investigate a leaking underground storage tank at 415 Murdock Avenue. B:Land Division: Patriot Lane Midwest Real Estate Company Inc., petitioner and owner, requests the Plan Commission review and approve a land division for property located on proposed Patriot Lane, which area is zoned R-3 PD Multiple Dwelling District with a Planned Development Overlay. st C:Extraterritorial Preliminary Plat – 1 Addition to Olde Apple Acres Carow Land Surveying Co. Inc, petitioner for Algoma Land Development LLC., owner, requests the Plan Commission review and approve an extraterritorial plat for property generally located west of Leonard Point Road and north of STH 21 in the Town of Algoma. The Plan Commission approved the final plat for Olde Apple Acres at its November 5, 2000 meeting. This preliminary plat represents the first addition to that plat. Plan Commission Minutes Page 2June 5, 2001 D:Extraterritorial Preliminary Plat – Jones Plat Reinhard Roehlig, petitioner for Ronald Jones, owner, requests the Plan Commission review and approve an extraterritorial preliminary plat for property generally located west of Leonard Point Road and north of Duchess Lane in the Town of Algoma. E:Extraterritorial Land Division: Sand Pit Road Reinhard Roehlig, petitioner for Tom Hughes, owner, requests the Plan Commission review and approve an extraterritorial land division for property generally located at 4105 Sand Pit Road in the Town of Omro. F:Extraterritorial Land Division: Black Wolf Ave Reinhard Roehlig, petitioner for Benjamin Karau, owner, requests the Plan Commission review and approve an extraterritorial land division for property generally located at the corner of Black Wolf Avenue and Country Club Road in the Town of Black Wolf. Mr. Gehling and Mr. Smith asked for Item “C” to be pulled for further discussion. Attorney Yakes stated that he and Mr. Halverson were present to answer any questions the Plan Commission may have regarding Olde Apple Acres. Mr. Smith questioned the conservancy areas and their access points from Olde Apple Acres.Attorney Yakes stated the two outlots were water detention areas that would be maintained by the Town of Algoma. Mr. Halverson, Carow Land Surveying, added that the two outlots in the northwest corner of the plat were in a wetland area, and would be dedicated to the Town of Algoma whose intention is to extend Westbreeze Drive to Leonard Point Road. He also stated there were easements, not shown on the map that lead to the back of the plat for trail purposes. Mr. Gehling questioned why the Department of Public Works is making the recommendation for Westbreeze Drive to terminate in a cul-de-sac rather than becoming a potential connection to STH 21, and is also working with the State Department of Transportation (DOT) for access to Highway 21, rather than securing a recommendation by the Department of Natural Resources through that wetland area. Mr. Kinney stated that because the potential connection is onto a state highway, the decision will be made by the State Department of Transportation. Mrs. Bloechl questioned how a plat could be planned without ingress and egress points for Highway 21. Attorney Yakes stated there were other points of ingress and egress at Pierce Lane and Duchess Lane to Leonards Point Road, and the Town of Algoma was planning to extend Westbreeze Drive. Motion by Timmerman for approval of the Consent Agenda as proposed with conditions, if any, as noted on the Staff Report. Seconded by Krueger. Motion carried 9-0. Plan Commission Minutes Page 3June 5, 2001 II:AUTHORIZATION TO ACQUIRE SIDEWALK EASEMENTS – KOELLER STREET TH AND 20 AVE The Department of Public Works requests the Plan Commission to review and approve acquisition of easements from 41 properties to permit construction of pedestrian access on the east side of Koeller thth Street from 9 Avenue through South Park Avenue, and on 20 Avenue from South Park west to a point just past the Wisconsin and Southern Railroad right of way in order to construct a 5 foot wide concrete sidewalk. Dan Lichtenberg, Cumberland Drive, Fond du Lac, Manager of Culvers Restaurant, stated there are two driveways into Culvers, and he was concerned about both driveways being closed at the same time during construction. Mr. Kinney invited Mr. Patek, Director of Public Works, to answer questions at this time. Mr. Patek stated they would try and have at least one driveway open at all times. Theresa, representing Arby’s, stated they only have one driveway, and they were concerned about it remaining open during construction. She questioned who would be responsible for any damages to the area, (i.e. if the City would replant grass) and who was responsible for the cost of the sidewalk. Mr. Patek stated the sidewalk would be constructed in the public right-of-way, and any plantings in that area would be removed and not replaced because they were planted in the right-of-way. He noted the restoration of grass would be done by the City in areas torn up outside of the right-of-way. Mr. Patek also stated the sidewalk would be the property owners expense and explained the options to pay up front or have it reflected on their taxes over a 10 – 15 year period. Mr. Gehling questioned who would be responsible for snow removal. Mr. Patek stated it was a public sidewalk and would have to be maintained by the property owner. Mr. Reschenberg questioned if pedestrian traffic lights or signals would be put up at the intersection of 20th Avenue and Koeller Street. Mr. Patek stated pedestrian traffic signs will be put up allowing pedestrians to cross, and the signals would be set according to the crossing distance. Mr. Smith stated he felt the sidewalks would be dangerous for pedestrian or bicycle traffic, as vehicular traffic would be watching other vehicles and not the traffic on the sidewalks when turning into businesses along Koeller Street. Mr. Krueger questioned if easements were in place to avoid utility service. Mr. Patek stated easements were proposed to allow construction of the sidewalk, and won’t interrupt the use of utilities. Mrs. Bloechl questioned who would be responsible for the cost of any utilities that would need to be moved. Mr. Patek stated the utility would be responsible for the cost, however, the property owner would have to pay the cost if a pole needed to be moved and turn the power off if necessary. Mrs. Bloechl questioned how the cost of the sidewalk was assessed when the property included businesses that were located 2-3 deep. Mr. Patek stated the cost is borne by the person who owns the frontage of the property where the sidewalk in constructed. Plan Commission Minutes Page 4June 5, 2001 Chairman Borsuk questioned the proposed easement for sidewalk construction across Highway 41 at 9th Avenue at this time, as intersections along Highway 41 were designated to be rebuilt in the near future. Mr. Patek stated a sidewalk would be constructed on the north side of the bridge to connect to Washburn Street, and confirmed that intersections along Highway 41 are scheduled for reconstruction in 8-10 years. Mr. Patek also noted the Gateway Committee’s concern about the cost of the fencing that would be installed adjacent to the sidewalk. He stated they have agreed to use a plastic coated chain link fence to minimize the cost of fencing in lieu of the bridge reconstruction that will occur in the near future. Motion by Bloechl for approval for the acquisition of easements from 41 properties to permit construction of pedestrian access on the east side of Koeller Street from 9th Avenue through South Park Avenue, and on 20th Avenue from South Park west to a point just past the Wisconsin and Southern Railroad right –of-way in order to construct a 5 foot wide concrete sidewalk. Seconded by Blassingame. Motion carried 8-1. Nay: Smith III.REZONING WISCONSIN STREET Stephen Winter, petitioner/owner, requests the Plan Commission to review and approve the rezoning of a vacant lot, Lot 1 of CSM 4204, located on the east side of Wisconsin Street, south of the former Copps grocery store at 2551 Jackson Street, and across the street from 2435-2445 Wisconsin Street, from C-2 General Commercial District to R-2 Two Family Residence District. Mr. Smith questioned if a C-2 zoning district allows two family dwellings. Mr. Kinney replied that a C-2 District does not allow residential uses. Mr. Krueger stated the rezoning would result in an R-2 District surrounded by a C-2 District. Mr. Burich used the map as displayed to show the possibilities of multi-family and R-2 zoning district changes being discussed for the future. Discussion followed regarding the drainage, landscaping and buffers in the area. Motion by Smith for approval of the rezoning of Lot 1 of CSM 4204, located on the east side of Wisconsin Street, south of the former Copps grocery store at 2551 Jackson Street, and across the street from 2435-2445 Wisconsin Street, from C-2 General Commercial District to R-2 Two Family Residence District. Seconded by Bloechl. Motion carried 7-2. Nays: Gehling, and Borsuk. IV:CONDITIONAL USE PERMIT: WISCONSIN STREET & WARREN ROAD Stan Ramaker, Design II Architects, petitioner for Jerry Saalsaa, owner requests the Plan Commission to review and approve a Conditional Use Permit (CUP) to allow for the construction of a 5,435 square foot multi storefront strip center on the corner of Wisconsin Street and Warren Avenue (to be renamed Pearl Avenue when street construction is completed). The property is zoned C-3 PD Central Commercial District with a Planned Development overlay. Plan Commission Minutes Page 5June 5, 2001 Mrs. Bloechl questioned why a Conditional Use Permit was needed for this item. Mr. Kinney stated it was needed as part of the Planned Development designation for the area. Mr. Smith questioned if the site plan was showing a site for another building. Mr. Kinney stated the developer also owns the business on the corner of Wisconsin Street and Pearl Avenue, ( Papa Johns) and an option exists for the extension of the proposed building to attach to Papa Johns, which would require further review by the Plan Commission and the Common Council. Stan Ramaker, Design II Architects, stated he was present to answer any questions the Plan Commission may have. Chairman Borsuk asked if he had any renderings of the building. Mr. Ramaker displayed maps showing the design of the building and the elevations. Mrs. Bloechl questioned how much space each tenant would have within the structure, and if brick veneer would be used on the structure. Mr. Ramaker stated each tenants space would depend on their needs, and also confirmed that the structure would be of brick veneer. Motion by Gehling for approval of a Conditional Use Permit to allow for the construction of a 5,435 square foot multi storefront strip center on the corner of Wisconsin Street and Warren Avenue (to be renamed Pearl Avenue when street construction is completed) with the following conditions: 1.The subject property be combined with the abutting property to the north; 2.Placement and construction of the proposed dumpster enclosure is subject to final approval by staff; 3.Staff approval of a final, detailed landscaping plan, including fencing and exterior lighting; 4.Staff approval of signage size, location and design. Seconded by Krueger. Chairman Borsuk, made reference to the original conception of the redevelopment area, and questioned if the staff was pleased with the level of development taking place. Mr. Kinney stated the development taking place reflects the level of development submitted for approval. He continued by discussing future opportunities that will compliment the area. Mrs. Bloechl questioned condition number 3 regarding the type of fencing included with the landscaping and lighting. Ms. Kepplinger stated the fence would be constructed using six foot high masonry columns with wrought iron between the columns. She noted the City is requiring the same design to be used throughout the redevelopment area with reasonable placement combined with landscaping. Motion carried 9-0 . Plan Commission Minutes Page 6June 5, 2001 V:FINAL PLAT/DEVELOPMENT PLAN/EASEMENTS – WESTOWNE HEIGHTS Carow Land Surveying Co. Inc., petitioner for Midwest Real Estate Development Co. Inc., owner, requests the Plan Commission review and approve a Final Plat known as Westowne Heights for property generally located east of N. Westhaven Drive and north of Springmill Drive. The subject property is part of the Westowne Annexation, which was approved by the Plan Commission on February 2, 1999 and at which time it was zoned R-2 PD Two Family Residence District with a Planned Development Overlay. Attorney Yakes stated that he, Mr. Mark and Mr. Halverson were present to answer any questions the Plan Commission may have. Attorney Yakes explained the lots in Westowne Heights would be developed in the same manner as on Havenwood Drive, which he stated are the most sought after lots in Oshkosh at this time. He stated they would be very nice looking units, and provide a good buffer for either the single family residence district, the multiple dwelling district or the commercial district that abuts the plat. Mr. Krueger questioned if the 25 foot strip of land at the south of the plat would remain wild land or be used for yard. Attorney Yakes stated that the 25-foot strip of land will remain in the Town of Algoma to prevent the creation of a town island. Attorney Yakes stated the land would actually be part of each lot, to be maintained by the property owner, but not to be built upon. Discussion followed regarding the conditions of the Preliminary Plat for easements, which lie outside the plat. Mr. Mark stated they have been working with the Department of Public Works and have complied with all of the easement requests. Motion by Mr. Ruppenthal for approval of the Final Plat, Development Plan and Easements for Westowne Heights generally located east of N. Westhaven Drive and north of Springmill Drive with the following conditions: 1.The developer be responsible for all capital improvement costs incurred by this development. 2.Approval of the conditional use permit/development plan for the final plat of Westowne Plat be provided with no further review of building plans required in the final plat so long as any proposed development complies with base standards of the R-2 Two Family Residence District. 3.The City accepts the utility and drainage easements. 4.Additional right-of-way be dedicated to provide a radius at each block corner as required by the Department of Public Works. Seconded by Bloechl. Motion carried 9-0. Plan Commission Minutes Page 7June 5, 2001 OTHER BUSINESS I.BOOK REFERENCING OSHKOSH Mr. Blassingame informed the Plan Commission of a new book entitled “Downtowns” Revitalizing the Centers of Small Urban Communities, Edited by Michael A. Burayidi, a Professor at UW-Oshkosh, which makes reference to Oshkosh. There being no further business, the meeting adjourned at approximately 4:52 p.m. (Timmerman/Bloechl) Unanimous. Respectfully submitted, DARRYN BURICH Principal Planner DB/vlr