HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES
August 16, 2011
PRESENT: David Borsuk, Jeffrey Thorns, John Hinz, Steve Cummings, Donna Lohry, Robert
Vajgrt, Karl Nollenberger
EXCUSED: Ed Bowen, Thomas Fojtik, Kathleen Propp, Dennis McHugh
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey
Nau, Associate Planner; Deborah Foland, Recording Secretary
As both the Chair and Vice -Chair were not present for the meeting, David Borsuk was elected pro -
temp to Chair the meeting.
Chairperson Borsuk called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared
present.
The minutes of August 2, 2011 were approved as presented. (Vajgrt/Cummings)
L ACCEPT SIDEWALK EASEMENT AT THE 1400 BLOCK OF W. 9 TH AVENUE
(FRANKLIN ELEMENTARY SCHOOL)
The Department of Public Works is requesting the acceptance of a sidewalk easement to allow
construction of an ADA- compliant wheelchair ramp.
Mr. Nau presented the item and reviewed the site and surrounding area and explained the purpose for
the easement request.
Mr. Vajgrt inquired how it would affect the driveway that was located there.
Mr. Nau replied that it would be handled by an agreement between the Oshkosh Area School District
and the property owner adjacent to the site at 1412 W. 9 th Avenue.
Motion by Vajgrt to approve the sidewalk easement at the 1400 block of W. 9th Avenue as
requested.
Seconded by Cummings. Motion carried 7 -0.
II. FINAL PLAT — SECOND ADDITION TO CASEY'S MEADOW SOUTH
The owner is requesting approval of a final plat containing 24 single family lots and right -of -way
identified as the Second Addition to Casey's Meadow South. The 6.911 acre plat is zoned R -1 Single
Family Residence District. An overall preliminary development and final plat (20 lots) was approved
for this development in 2005 followed by the First Addition to Casey's Meadow South (12 lots) in
2008.
Mr. Nau presented the item and reviewed the site and surrounding area as well as the original approval
of both the preliminary and final plat and the portions of the plat that have been constructed to date.
He reviewed the proposed addition to the plat and stated that it was consistent with the approved
overall development plan and meets all subdivision regulations and is consistent with the
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August 16, 2011
Comprehensive Plan. The City will work with the developer to enter into a developer's agreement for
construction of public infrastructure. He commented that the Department of Public Works has
requested to add one condition to the request that the status of the wetlands adjacent to the plat be
determined prior to Common Council approval as it may have an affect on the extension of the
roadway in the future.
Mr. Borsuk inquired if the final plat was going to the Common Council in a few weeks, if there was
adequate time for the petitioner to address this condition.
Mr. Nau responded that delineation had been previously obtained but has since expired.
Mr. Burich added the petitioner would need to obtain clearance on the delineation from the Wisconsin
Department of Natural Resources and should be able to address this issue fairly quickly.
Mr. Thorns inquired if city services for this area are constructed at the City's expense or if these costs
are covered by the developer.
Mr. Nau replied that he believed the developer paid for the infrastructure costs.
Mr. Burich added that the City may pick up some of the costs for over sizing however most of this is
governed by the developer's agreement that will be entered into between both parties.
Motion by Nollenberger to approve the final plat for the second addition to Casey's Meadow
South as requested with the following condition:
1) Status of wetlands adjacent to the plat to be determined prior to Common Council
approval.
Seconded by Vajgrt. Motion carried 7 -0.
III. PLANNED DEVELOPMENT REVIEW TO ALLOW DEVELOPMENT OF A
PHARMACY/RETAIL BULDING WITH DRIVE- THROUGH IN 1700 BLOCKS OF
WEST 7 TH AVENUE AND WEST 9 TH AVENUES
This is an updated submittal from the Plan Commission's previous review that the Plan Commission
recommended against and was withdrawn by the petitioner prior to Council review in order to adjust
the site plan to meet some of the identified concerns raised at previous meetings.
The petitioner requests development plan approval for the development of a retail pharmacy with
drive - through service in the 1700 blocks of West 7 th and West 9 th Avenues.
Mr. Buck presented the item and reviewed the history of the previous actions on this request which
include an action item on the Plan Commission agenda in May and a workshop held with the Plan
Commission in July of this year. He stated that the petitioner has revised the site plan and the property
has been rezoned to C -2 General Commercial District with a Planned Development Overlay. He
reviewed the accesses to the site on both 9 th and 7 th Avenues and stated that the developer desired to
have the median cut back on Koeller Street to allow left turns off of 7 th Avenue from the site. He
further commented that the developer had removed most of the base standard modifications being
requested initially other than the request for the pylon sign and the full access driveway on 9 th Avenue.
Staff was recommending a more pedestrian scale of lighting for the development to prevent glare and
Plan Commission Minutes
August 16, 2011
the driveway access on 7 th Avenue was being relocated to the west to alleviate headlights directed at
the adjacent property to the north. He also reviewed the signage proposed for the site and the
recommended conditions for the request.
Mr. Vajgrt questioned if the access on 7 th Avenue was left turn only on exiting the site.
Mr. Buck replied that the 7 th Avenue driveway would be a full access drive.
Mr. Thorns inquired if the proposed LED sign would interfere with visibility for traffic on Koeller
Street and 9 th Avenue.
Mr. Buck responded that there was no concern with the sign being a distraction from the street lights as
the round -a -bout had been installed and there were no longer any traffic lights at this intersection.
Mr. Thorns requested that the traffic study completed be reviewed.
Mr. Buck reviewed the projected traffic flow from the site and stated that the Police Department still
objected to the full access driveway on 9 th Avenue and did not want any access onto 7 th Avenue. The
Police Department recommended right - in/right -out movements only on 9 th Avenue. Mr. Buck also
reviewed the number of vehicles projected to be entering and exiting both drive accesses at peak hours.
Mr. Thorns commented that he recalled the Police Department having concerns with the 7 th Avenue
access and did not want left hand turns to be allowed from 7 th Avenue onto Koeller Street and also had
concerns with left hand turns onto 9 th Avenue from the site. He noted that the Transportation
Department did not seem to have the same concerns regarding the site.
Mr. Buck responded that the Transportation Department did not have an issue with the accesses as they
felt it would be a low volume of traffic from the site and Planning Services did not have an issue with
the accesses either.
Mr. Thorns desired to clarify that the Transportation Department and Planning Services did not feel
that a right - in/right -out access was necessary although the Police Department was still recommending
it.
Mr. Buck verified that Planning Services and the Transportation Department were in agreement that
the full access drive onto 9 th Avenue would not be a safety issue.
Mr. Cummings questioned when the traffic study was completed by Excel Engineering.
Mr. Buck replied that the study was completed last year.
Mr. Burich added that the levels of service analysis at the 9 th Avenue driveways were updated since
that time.
Mr. Cummings inquired about the landscaping plans that were approved for developments as to what
provisions the City had to ensure that the required landscaping that is planted is maintained and
replaced if necessary.
Mr. Burich responded that it is the owner's responsibility to maintain the required landscaping and the
City follows up with enforcement upon complaint from citizens as well as comprehensive enforcement
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August 16, 2011
by staff Staff is currently reviewing development from the past five years to verify that necessary
plantings were installed and maintained.
Mr. Cummings stated that he had an issue with condition #1 relating to the base standard modification
for the pylon sign as he did not see any reason to grant exceptions to code requirements and this would
be setting precedence for future developments.
Mr. Hinz questioned if the restrictive lighting requirement in condition #3 was a trade -off for the base
standard modification for the sign.
Mr. Burich replied that the reason for the more restrictive lighting was due to the development's
location adjacent to residential properties and the base standard modification for the pylon sign was
due to its close proximity to the Highway 41 Corridor where this signage would be allowed by right.
Adam Heindel, Excel Engineering, 100 Camelot Drive, Fond du Lac, stated that when they completed
the traffic study, they projected one car per minute would be entering or exiting the site during the
busiest hours. He also commented that the access on 7 th Avenue was angled to encourage traffic to
exit going to Koeller Street rather than through the residential neighborhood.
Mr. Thorns commented that rather than allow a left turn from 7 th Avenue onto Koeller Street, the
access onto 9 th Avenue could be utilized instead and discussed the various movements that could be
made from the site to allow traffic to travel in any direction desired. He felt the site could operate with
7 th Avenue permitting a right turn only onto Koeller Street and questioned if the traffic study was
updated since its completion last year.
Mr. Heindel responded that the traffic study was completed prior to the construction of the round -a-
bouts and to his knowledge, a large percentage of vehicles are going around the median on Koeller
Street from 7 th Avenue and making an illegal left turn regardless. He further stated that there is no data
indicating that there are traffic concerns or crashes at this intersection and the revised site plan
submitted repositioned the site lines for better visibility.
Mr. Thorns questioned if the developer felt that with the installation of the round -a -bout and the
continual flow of traffic through it, that there would not be issues with vehicles entering and exiting
this site.
Will Steiner, real estate broker for the development, stated that this concept was a matter of perception
and the two accesses makes the site more comfortable for customers by providing additional options
and actually improves their ability to make left turns from either access. He further stated that the
round -a -bouts have actually improved traffic safety and the ability to make left turns is better than
when the traffic lights were operating at this intersection.
Mr. Thorns commented that he was not sure if that was believable.
Mr. Buck added that the planned development could also be reviewed after one year to see if any
alterations to the original plan were warranted.
Mr. Cummings stated that he felt we were making a lot of assumptions about traffic now and although
the round -a -bouts were intended to slow down traffic, he did not think this was necessarily the case.
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August 16, 2011
Mr. Steiner commented that they had delayed coming back to the Plan Commission with this request
intentionally so the round -a -bouts could be completed and open before it was reviewed a second time
as it would provide valuable information regarding data on crashes and how well it works.
Mr. Thorns stated that the site was not in the Highway 41 Corridor and questioned how much of a
problem it would create if the pylon sign was not allowed the base standard modification to be 60 feet
tall and had to be lowered to 30 feet instead.
Mr. Steiner responded that the signage was a big component to the site and it would look consistent
with the other signage in the corridor which was at 60 feet in height.
Mr. Thorns then questioned how far from the 41 Corridor the sign location would be.
Mr. Buck indicated that the sign location was approximately 20 feet from the 41 Corridor.
Rich Meyer, owner of AE Jewelers, 1755 W. 7 Avenue, stated that he is in support of the project as
he felt it would be beneficial to the area and conforms to the adjacent commercial sites. He also stated
that he supports cutting back the median on Koeller Street to allow left turns from 7 Avenue.
Bruce Gutsmiedl, 527 Lilac Street, stated that he reviewed the staff report from May and the current
report and they are very similar other than the elimination of the off sets. He further commented that
staff had initially indicated that they did not support any access onto 7 Avenue and the current plan
provides access and he did not wish to see all the additional traffic going through their neighborhood.
He also commented that he did not feel another pharmacy was necessary in the community and the
development of this site would result in the closing of another business. He did not feel the issues
brought up previously have been addressed and we would be destroying a neighborhood to build a
development that was not necessary.
Pam Kunde, 1725 W. 5 Avenue, requested clarification of traffic flow numbers as she has heard two
different scenarios regarding the traffic volume at this location. She also voiced her concern about the
closing of Highway 21 for reconstruction and how it would affect the traffic at this intersection. She
also questioned who would pay for the cutting back of the median on Koeller Street as its installation
was just completed. She also had concerns about vehicles illegally turning left from 7 Avenue onto
Koeller Street and did not feel that the Police Department's recommendations should be dismissed.
Dave Dahlke, 626 Lilac Street, stated that his home was adjacent to the proposed development and
questioned how a five foot berm would prevent noise, pollution, and litter. He also had concerns with
the additional traffic on Lilac Street as there was a daycare center adjacent to it and he felt it was the
wrong place for this development. He stated that the development would devaluate the residential
properties in the area and 90% of the neighborhood does not want this development located here. He
felt that at least the access drive on 7 Avenue should be removed.
Steve Suhm, 617 Lilac Street, stated that he could guarantee that most of the traffic that exits onto 7th
Avenue will go down 7 rather than exiting out to Koeller Street. He also had concerns with the angle
of the access drive going to the left as it would create headlights shining on the residential properties
across the street. He also voiced his concerns about snow removal on the site as well as noise and
water problems created from snow storage. He felt this development would degrade the neighborhood.
Ann Froehlke, 625 Lilac Street, stated that her property is located across from the proposed 7 Avenue
access drive and staff did not previously support access onto 7 Avenue. She commented that vehicles
Plan Commission Minutes
August 16, 2011
will not make a left turn on 7 th Avenue and the traffic will negatively impact their neighborhood with
both customer vehicles and trucks accessing the site. She felt 7 th Avenue should be closed off from the
development.
Jim Mitchell, owner of both the insurance office at 1746 W. 9 th Avenue and the home to the north at
1745 W. 7 th Avenue, stated that he agreed to sell his properties to the developer and does not believe it
will negatively impact the neighborhood. He felt that we need to bring commerce to the city and the
area is zoned appropriately for commercial use and the project is supported by the City Manager.
Lori Mitchell, another owner of the same properties, commented that the people in the neighborhood
have been very rude during their comments and she felt that there were a lot of benefits to locating
CVS on this site. The site is commercially zoned and is in the Comprehensive Plan as appropriate for
business use. She felt that CVS has been considerate and accommodating regarding the needs of the
neighboring property owners and this development would create a better tax base for the city. She also
commented about the community's needs for another pharmacy as she did not feel it was a detrimental
thing as competition is everywhere and is a good component to business.
Dennis Schwab, 601 Oregon Street, stated that the property was zoned appropriately for the proposed
use and the base standard modifications requested previously had been addressed. He further stated
that there could be a less desirable use proposed for this site which would not require approval from
the City to be developed and this is the best use for this area and more desirable than a restaurant or
tavern establishment.
Steve Utecht, 1717 W. 7 th Avenue, stated that he felt the development would be a big improvement to
what is currently on the site and that the neighborhood has deteriorated over the years. He felt vehicles
would use the round -a -bout to exit the site on 7 th Avenue which would be quicker than going through
the residential neighborhood and he is in support of the project.
Mr. Steiner stated that the various road work being proposed in discussion would be bad for this
project and it was discussed at the workshop as well as a number of other scenarios and the proposed
site plan reflects what was favored by staff in these discussions. If problems are created by the
development of the site as proposed, features could be added in the future to address these issues.
Mr. Nollenberger commented that traffic coming out of the site onto 7 th Avenue appears to be a
concern and suggested that traffic not be allowed to turn right into the residential neighborhood.
Mr. Steiner responded that the proposed site plan was the gtion that staff recommended and could be
changed at a later date by closing off 7 th Avenue, making 7 Avenue a one way street, or adding a
speed bump in close proximity to the access to address issues.
Mr. Nollenberger stated that he would favor a one way street from Lilac Street to Koeller Street.
Mr. Thorns questioned if the proposed berm would be five feet tall not including the required
landscape features.
Mr. Steiner replied that the area for the berm is 25 feet and the five feet is just the height of the dirt
with dense vegetation to be installed on top to block headlights, etc. from the residential properties.
Mr. Heindel stated that the traffic volumes questioned earlier were calculated with both total traffic
volumes for 9 th and Koeller Street and traffic volumes related to the CVS development only which are
Plan Commission Minutes
August 16, 2011
generated from national standards for CVS and a community profile for Oshkosh. The 1,100
customers per day are projected from a good performing store and may not reflect the number of
customers at this site. Snow storage areas will be identified with city staff and snow removal from the
site will take place if necessary. Parking is adequate for both employees and customers and truck
traffic will be accessing the site from 9 th Avenue.
Mr. Steiner added that semi trucks will use 9 th Avenue only however small trucks may access the site
from 7 Avenue.
Mr. Borsuk questioned if the petitioner had any issues with the conditions recommended for this
request.
Mr. Steiner responded that the conditions were acceptable and lighting plans could be adjusted to
address the condition for reduced lighting on the site.
Mr. Hinz commented that it is common sense that trucks would access the site from 9 th Avenue as it
would not be efficient to go through the round -a -bout to access the site from 7 Avenue.
Mr. Steiner stated that trucks would not be coming into the site at busy times and semi trucks could not
make the turn into the parking lot off of 7 Avenue.
Mr. Thorns stated that he did not initially support this request due to the base standard modifications
being requested and it appeared that the development was too large for the site. He did not feel that the
base standard modifications were unreasonable for the sign or for the full access on 9 th Avenue.
Traffic studies were reviewed since May when the initial proposal was submitted and the two accesses
proposed on this plan would address traffic concerns. The site is commercially zoned and this was an
appropriate use for the property and the developer was trying to be a good neighbor. He did not
support allowing a left turn off of 7 Avenue and he felt that from a planning standpoint, approval of
this project was a good decision. The Traffic Review Board and Common Council could make other
amendments to the plan if they felt necessary but he was in favor of the revised proposal.
Ms. Lohry commented that she cannot support the development with any access to 7 Avenue as she
felt that any business should be located on 9 th Avenue only and the residential neighborhood should be
able to preserve its serenity.
Mr. Cummings stated that there is a fine line between homeowners and commercial development and
he does not want to devaluate neighborhoods. The residential development was there prior to the
commercial development along Koeller Street and the only people present today supporting the
development were ones that were selling their property to the developer and have a financial gain from
it. He felt we need to support our neighborhoods and he cannot support this request with the base
standard modification for the pylon sign as he felt the zoning code was created for a reason and must
be upheld. He further commented that he would support the request without the base standard
modifications.
Mr. Vajgrt requested to clarify the area that is zoned commercially.
Mr. Buck reviewed the zoning map displaying that the C -2PD commercially zoned area was from 7th
Avenue to 9 th Avenue. He also clarified that any development on this site would require Plan
Commission and Common Council approval as it possesses a Planned Development Overlay.
Plan Commission Minutes
August 16, 2011
Motion by Nollenberger to approve the planned development to allow development of a
pharmacy /retail building with drive - through in the 1700 blocks of W. 71h Avenue and W. 9th
Avenue as requested with the following conditions:
1) Base standard modification to permit sign located on West 9th Avenue to be 60 feet tall and
contain 56 square feet of electronic messae center per side (112 square feet total).
2) Base standard modification to allow the 9` Avenue driveway to be a three -lane 36' wide
driveway (one 12 foot entrance lane, 4-foot rumble strip divider & two 10 foot egress lanes).
3) Maximum height of light standards is I5 feet and the use of metal halide lamps or bulbs is
prohibited.
4) Final landscape plan include dense solid landscaping on the berm area as approved by the
Department of Community Development.
5) Grading, erosion control and stormwater plans are approved by the Department of Public
Works prior to issuance of building permits.
Seconded by Thoms.
Motion by Nollenberger to amend the conditions to limit access onto 7th Avenue by not
allowing a left turn and making 7th Avenue one way going west from Lilac Street to Koeller
Street.
Mr. Thorns stated that this concept would not be possible as it would cut off any access to the day care
center on 7 th Avenue.
The motion to amend the conditions was not seconded.
Motion by Lohry that there is no access to 7rh Avenue from the development.
The motion was not seconded.
Motion by Cummings to amend the conditions to remove condition #I relating to the base
standard modification for the pylon sign.
Seconded by Lohry.
Mr. Thorns stated that he does not support this motion as the planned development overlay allows for
such modifications to the code and that was the purpose of the PD overlay. The developer could
purchase the small amount of property necessary to have the sign located in the Highway 41 Corridor
which would allow the increased height and size for the sign by right.
Mr. Nollenberger and Mr. Hinz agreed.
Ms. Lohry commented that she felt the business was well known and their customers would find the
location without the increased size and height for the sign and that she felt the Highway 41 Corridor is
a blight to the community with the signage and wall to wall box retail stores.
Motion denied 2 -5. Ayes- Cummings / Lohry. Nays- Borsuk /Thoms /HinzlVajgrt /Nollenberger.
Mr. Hinz commented that the city has been known to be anti - development and he felt the developers in
this case have bent over backwards to achieve this project and satisfy neighboring property owner's
concerns. He further stated that the angled driveway may help to divert traffic from going through the
neighborhood and the Traffic Review Board can review the site at a later date and adjust accordingly.
Plan Commission Minutes
August 16, 2011
He commented that he voted against the development initially however the revised version from a
planning point of view is a good development.
Motion carried 5-2. Ayes- Borsuk/ Thoms /HinzlVajgrt/Nollenberger. Nays- Cummings /Lohry.
Ms. Lohry left the meeting at S: 35 pm.
IV. CONDITIONAL USE PERMIT /PLANNED DEVELOPMENT APPROVAL FOR
WATERCRAFT/BOAT SALES AND SERVICE AT 3764 JACKSON STREET
The applicant is requesting a Conditional Use Permit and Development Plan approval to establish a
watercraft sales and service use on a partially developed lot at 3764 Jackson Street.
Mr. Buck presented the item and reviewed the site and surrounding area as well as the zoning and land
use in said area. He reviewed the history of the site and stated that the business was established
without approval of the city and correction notices were issued on two occasions to the owner prior to
the submission of the conditional use permit /planned development application. He distributed
correspondence received from the petitioner this afternoon informing the city of his change in plans
from use of the site for sales and service of boats to outdoor storage on the site. Mr. Buck indicated
that the C -1 zoning district does not allow for such storage use of the property however it could be
approved as a planned development. He further stated that the site has been cleaned up since the
correction notices were issued and reviewed the current condition of the site. Staff would support the
requested use however the development would be required to meet the basic standards of a display lot.
He explained that the other photos included with the petitioner's correspondence were of other sites
that are an existing grandfathered use and the current proposal is for a new use. He reviewed photos of
the site from previous years and the current year and reviewed the conditions recommended for this
request. He also distributed copies of a letter from an adjacent property owner objecting to the
proposed use of the site as it consistently looks like a junkyard.
Mr. Thorns stated that the request was for sales and service and the correspondence received today
indicates that the petitioner has had a change in plans and questioned what the applicant wanted to do
and if the Plan Commission should act on this request today as it has been altered from what was
initially proposed.
Board members discussed if the item should be considered today or tabled until the next meeting to
allow the petitioner to amend his request.
Roy Schumacher, 3764 Jackson Street, stated that he acquired this property after selling another parcel
he owned and that he was no longer in the boat sales business and no longer did boat service on the site
either. He further stated that his current business was only open from March through November and
mainly used for boat and trailer storage.
Mr. Cummings questioned if he owned the property near the Ridgeway Golf Course.
Mr. Schumacher responded that he did but has since sold the property and that he also has other
property in both Neenah and Oshkosh but he lives on the site on Jackson Street.
Mr. Thorns stated that the conditional use permit was an application for sales and service and it appears
that it has now been changed to a planned development for an enclosed outdoor storage facility and
questioned if the petitioner desired to withdraw the application and amend it to the outdoor storage use.
Plan Commission Minutes
August 16, 2011
Mr. Buck commented that the item could be tabled and augmented to reflect the change of use to a
storage facility instead of sales and service.
Motion by Cummings to table the item due to the change in use until the next meeting.
Seconded by Vajgrt. Motion carried 6 -0.
V. DRAFT PEDESTRIAN AND BICYCLE CIRCULATION PLAN PRESENTATION
Mr. Buck stated that he has held joint meetings and workshops with various boards and committees
including the Plan Commission on this plan and he also held an open house last week for public
comments. The plan will be presented to the Common Council at a workshop on August 23 and he
was looking for comments from the Plan Commission to present to the Council at that time. He stated
that the plan was distributed to the Plan Commission members previously and offered to do a
presentation on the plan particularly for any members that had not attended any of the previous
meetings or workshops on the matter.
Mr. Borsuk left the meeting at 6: 00 pm. Mr. Vajgrt was appointed to chair the meeting pro -temp.
Board members discussed if the item should be acted on or if another presentation of the plan was
necessary. It was determined that the previous presentations were adequate and another review of the
draft plan was not necessary.
Mr. Buck stated that the plan was two years in the process of creation and was looking for any
comments or suggestions that the Plan Commission would like to forward to the Common Council.
Mr. Thorns commented that he served on the Steering Committee for this plan and strongly
recommended the Plan Commission's support for it. He further discussed the grants that could be
applied for once the plan is approved and the expenses related to implementing it which would be
minimal for the city.
Motion by Hinz to approve the draft pedestrian and bicycle circulation plan as requested.
Seconded by Thoms. Motion carried 5-0.
There being no further business, the meeting adjourned at approximately 6:02 pm.
(Nollenberger/Hinz)
Respectfully submitted,
Darryn Burich
Director of Planning Services
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August 16, 2011