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PLAN COMMISSION MINUTES
MARCH 20, 2001
PRESENT:Lee Bettes, Lurton Blassingame, Melanie Bloechl, Achim Reschenberg, John
Ruppenthal, James Smith, and Don Krueger; Vice Chairman
EXCUSED:Steve Gehling, Donald Pressley, Fred Timmerman, and David Borsuk; Chairman
STAFF:Jackson Kinney, Director of Community Development; John Bluemke, Principal
Planner; Vickie Rand, Recording Secretary
Vice Chairman Krueger called the meeting to order. Roll call was taken and a quorum declared present.
The minutes of March 6, 2001 were approved as mailed. (Blassingame/Bloechl). Unanimous.
I:CONSENT AGENDA
A:Land Division: Marion Road/Pearl Avenue Redevelopment Area
The City of Oshkosh, petitioner and owner, requests the Plan Commission to review and approve a
land division for property located within the Marion Road/Pearl Avenue Redevelopment Area, which
area is zoned C-3 PD Central Commercial District with a Planned Development Overlay.
B:Authorization to Acquire Temporary Construction Easements on E. Waukau Rd. between
USH 45 and Old Orchard Lane
The Department of Public Works requests the Plan Commission to review and approve the acquisition
of temporary construction easements on E. Waukau Road between USH 45 and Old Orchard Lane.
C:Conveyance of Rights / CTH Y
The Department of Public Works requests the Plan Commission to review and approve the conveyance
of rights for CTH Y from about 401 feet west of the intersection of CTH Y and USH 45 to the west line
of the Wisconsin Central Rail Road right-of-way.
Mr. Smith questioned why item “C” was referred to as a Conveyance of Rights vs. a title. Mr. Bluemke
stated it wasn’t a title, and would not become City of Oshkosh property. This referred to the County
being allowed to work in the City right-of-way.
Mrs. Bloechl requested the staff to review the difference as noted in item “A” where D & F Investments
is purchasing outright the portion of the site, and ground leasing other portions of the site. Mr. Kinney
reviewed the site plan with the Commission and explained the need to develop the area in phases due to
the environmental status of remediation work within the project area.
Motion by Ruppenthal for approval of the Consent Agenda, seconded by Bloechl. Motion
carried 7-0.
Plan Commission MinutesPage 2March 20, 2001
II:STREET NAME CHANGE FROM PEARL AVENUE TO CAMPUS PLACE
The City Administration requests the Plan Commission review and approve a street name change from
Pearl Avenue to Campus Place for Pearl Avenue from Wisconsin Street to a point about 130 feet east
of where it intersects with Dawes Street.
There was no discussion on this item.
Motion by Smith for approval of the street name change from Pearl Avenue to Campus
Place for Pearl Avenue from Wisconsin Street easterly to a point approximately 130 feet to
the east of its intersection with Dawes Street. Seconded by Bloechl. Motion carried 7-0.
III:CONDITIONAL USE PERMIT/DEVELOPMENT PLAN MODIFICATION /
SOUTHEAST CORNER WESTOWNE AVE AND N. WESTHAVEN DR
KentKowalik, petitioner for Westowne Centre LLC, owner, requests the Plan Commission review and
approve a conditional use permit/development plan for property generally located at the southeast corner
of Westowne Avenue and N. Westhaven Drive.
Kent Kowalik, Agent for Westowne Centre, LLC, owner, 21375 Oelgren Rd., Waukesha, stated he had
initialized the request to modify the plan to allow three (3) ground signs instead of two (2) largely due to
his clients requests. He noted the reduced dimensions of the signs and used the map as displayed to point
out the proposed locations for the signs. He noted how the proposed signage would actually be less than
what the current plans call for. He also noted how 2 signs would have room for 3 tenants and the last
sign would have room for 4-5 tenants.
Mr. Ruppenthal questioned why the signs would only be able to accommodate 3 tenants. Mr. Kowalik
stated the signage was only being considered for the largest tenants.
Mr. Ruppenthal also questioned if the signage would be located far enough from the right-of-way. Mr.
Kowalik assured the Commission the signs would meet applicable setbacks.
Mr. Reschenberg questioned if the Westowne Centre would be returning for further modifications for
signage. Mr. Kowalik stated last year a conceptual plan was brought forward and although they try and
stand by their initial proposal, it needed a little fine-tuning at this time. He also stated they have quite a
bit of expense put into signs and would like to stay with this plan.
Mrs. Bloechl questioned how one of the signs would have room for 4 or 5 panels when the others would
only have 3 panels, but would all be the same size sign. Mr. Kowalik stated there would be less room
per client to advertise on the 4-5 panel sign.
Mrs. Bloechl also questioned if there were standards set for sign colors since this development was on a
major corridor into the City. Mr. Kowalik stated the Westowne Centre I.D. would be on all signs and
they will work with the tenants to reach a compromise between what is appealing for both the City and
the tenant. He stated standards haven’t been set for individual panels. He also noted how tenants are
very adamant on using their company logo and colors on signage.
Plan Commission MinutesPage 3March 20, 2001
Mrs. Bloechl questioned the staff on whether it was important to have standards in place regarding
signage, and if this was something the Gateway Committee could look into.
Mr. Kinney stated he didn’t feel it was necessary to impose standards, however, he suggested to
consider the issue when updating the Comprehensive Plan.
Mrs. Bloechl questioned if the signs would be lit. Mr. Kowalik stated they would be lit.
Motion by Ruppenthal for approval of the modified conditional use permit/development
plan with the following condition:
1)No additional ground signs be allowed on the site unless the development plan is
revised and approved by the City.
Seconded by Bloechl. Motion carried 7-0.
IV:PRELIMINARY PLAT – WESTOWNE HEIGHTS
Carow Land Surveying Co. Inc., petitioner, Midwest Real Estate Development Co. Inc., owner, requests
the Plan Commission review and approve a Preliminary Plat known as Westowne Heights for property
generally located east of N. Westhaven Drive and north of Springmill Drive.
Mr. Smith questioned what kind of monetary problems the high pressure gas line would cause. Mr.
Bluemke stated the developer is aware of the situation and would need to handle that issue. Mr. Smith
also questioned if a road could be built over the gas line easement. Mr. Bluemke stated a road could be
built over the easement.
Discussion continued regarding a private drive to be built over the easement continuing north. Mr.
Bluemke stated the Commission will see the location of the actual roadway when the development plan
for the property to the north comes forward.
Mr. Smith stated one major issue was whether the City wanted to force an east to west road through to
Washburn Street.
Jack Mark, Midwest Development Company, 100 N. Westhaven Drive, stated he intends to develop the
preliminary plat as shown on the map displayed with 15 high scale condominium units. He discussed the
concerns about the cul de sac and the private road that would be developed north to the Menard’s
development, and the 25’ strip easement approved by the Town of Algoma. He pointed out where the
sewer and water main traveling north to the Menard’s development would run parallel to the high
pressure gas system, and pointed out the location for the southeast detention ponds that would service
the R-2, R-3 PD, and office lot locations. He also pointed out the location for the detention ponds in the
northeast corner, which would service the Menard’s development. He stated he didn’t want to proceed
with a road through to Washburn Street because it would go through the area designated for the
detention ponds. He stated he was financially prepared not to impact the City’s budget and is planning to
bring forward a plan for the R-3 zoning district consisting of condo’s and senior housing due to the
proximity of the Aurora Medical Center.
Plan Commission MinutesPage 4March 20, 2001
Mr. Ruppenthal questioned if the conditions outlined in the Staff Report, including the easements, have
any impact on the development. Mr. Mark stated that extending a road through to Washburn Street
would damage the planning done thus far. He stated he has worked to extend a private road north from
the cul de sac and loop the water and sanitary sewer in the natural direction of the flow.
Tom Halverson, Carow Land Surveying Company representative, stated that regarding the road name
issue; they have received approval from Winnebago County to name the road Patriot Lane.
Mr. Halverson also requested that condition number 5 in the Staff Report regarding the 40 foot width for
the utility easement for the town sanitary sewer main and private water main be reduced to 25’ wide. He
explained they needed an eight-foot separation from the gas main easement and a 40-foot width would
result in tightening up space between the units where they prefer a more open concept.
Mr. Ruppenthal questioned if Mr. Halverson had discussed this with the City of Oshkosh Engineering
Department. Mr. Halverson stated he hadn’t had the chance to do that yet.
Mr. Kowalik stated they already have a 25’ easement approved with the Town of Algoma which has
been engineered to the proper depth. He stated the City has an easement to the east of the gas main.
David Patek, Director of Public Works, stated he has only received the plans recently and stated the City
may some time need to be able to maintain the mains. He stated he needs the 40’ width to not infringe
on private property. Discussion followed regarding the water main’s east and west movement and how
the depth of the easement gets deeper, to 17’, as it continues north.
Mr. Mark stated he has worked for over a year on this plan and disagrees with the need for a 40’
easement. He stated it would negatively impact all the buildings and make the area a less desirable place
to live. He urged the City to agree with the 25’ easement.
Mr. Ruppenthal urged the Commission to let the staff and the developer work out an agreement and take
the recommendation to the Common Council. Mr. Bluemke stated a Developer’s Agreement can address
that issue.
Discussion followed regarding the concerns of accessing the area for maintenance purposes, and having
a deep sewer next to the buildings. Mr. Kowalik stated there would be plenty of access area since there
is a 50’ no build area with a 25’ setback.
Mr. Smith stated this issue is not for the Plan Commission to decide but one for the developer’s and the
Engineering Department to work out. He stated he is concerned about extending a road east.
Mr. Mark stated the Plan Commission and the Common Council approved the plan 6 months ago,
therefore they went ahead and laid out the development with the concept for drainage to the east rather
than force a road through the Town of Algoma. Mr. Kowalik stated it would be a hardship to redo the
plans, since the drainage was considered not only for this development but also for the Menard’s
development.
Discussion followed regarding the Town of Algoma and the lack of ability to deal with the future
development of that land, and the extra expense to have a road developed through the detention area.
Plan Commission MinutesPage 5March 20, 2001
Mr. Ruppenthal stated the cul de sac was discussed thoroughly in the past and he was concerned about
withdrawing that approval now. However, he stated the easement width had not been discussed.
Mr. Bluemke stated there are 2 issues that need to be considered, one was for a 25’ easement for the
water main, and the other issue was the street extending to the east.
Mrs. Bloechl pointed out discussion had taken place in the past regarding Westowne Avenue extending
to Washburn Street. Mr. Bluemke stated that has been officially mapped.
Mr. Ruppenthal made a motion for approval of the Preliminary Plat known as Westowne Heights with
the following conditions:
1)The developer be responsible for all capital improvement costs incurred by this development.
2)Street name issues with emergency service providers be resolved prior to the submittal of the
final plat.
3)The owner provide the City with a 20 foot utility easement from the end of the platted street to
the east property line of the owners adjacent property.
4)The owner provide the City with easements to implement the drainage plan and make the City a
party to the easement which allows storm water drainage into the pond located on property south
of the proposed plat.
5)The owner provide the City with all other easements as required by the Department of Public
Works to install and maintain utilities and implement storm water drainage plans.
6)A covenant be placed on the face of the plat that stipulates that the unplatted 25 foot strip of
land immediately south of and adjacent to lots 1 through 15 shall be deeded to each lot. Said
25-foot strip shall remain under the same ownership and be maintained by the owner of the
platted lot.
Mr. Ruppenthal also asked for negotiations to continue with the developers and the Engineering
Department regarding the easement width. Seconded by Bloechl. Motion carried 7-0.
Mr. Blassingame questioned the extension of the cul de sac to the east being taken care of with a
Certified Survey Map, and not be part of this plat, but part of the plan for the multiple dwelling
development to the north. Mr. Bluemke explained that a CSM is a legal document that can be used to
dedicate right-of-way in an area that is not platted.
OTHER BUSINESS
I.COMPREHENSIVE PLAN UPDATE
Mr. Bluemke handed out the front page of the previous handout from the Committees List,
Comprehensive Plan Update.
Plan Commission MinutesPage 6March 20, 2001
Mr. Kinney stated he wanted the impute of the Plan Commission regarding the overall committee
makeup for the Comprehensive Plan Update, made up from the steering committees involved. He stated
the staff wants to start holding meetings in the near future.
Mrs. Bloechl suggested the County Executive be included.
Mr. Ruppenthal suggested the President Elect from different committees in Oshkosh be involved instead
of the present president since leadership changes are made in September. He also suggested the Oshkosh
Foundation be represented.
Discussion followed and the consensus was more people could as be added as the committee sees fit.
There being no further business, the meeting adjourned at approximately 5:30 pm.
Respectfully submitted,
JOHN C. BLUEMKE
Principal Planner
JCB/vlr