HomeMy WebLinkAbout28163 / 76-11May 6, 1976 # 11 RESOLUTION
IJNANTMOUSLY APPROVED BY PLAN CGMMISSION 6-0
BE IT RESOLVED by the Common Council of the City o� Oshkash
that the Preliminary Plat for FIFTH SUBDIVISION OF LAKEVIEW PARK
PLAT is hereby approved.� subject to the modifications approved by
the Plan Commission. (Final drainage and grading plan be approved)
Part of Lot 31, Block 5, Lakeview �ark Add�tion, 13th
Ward, City of Oshkash, Winnebago County, Wisconsin.
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PLAN COMMISSION MINUTES
MONDAY, APRIL 26, 1976
4:00 P.M.
MEMBERS PRESENT: Kathleen Propp, Karen Fonstad, Lurton Blassingame,
Warren Steinert, Jack Schneider, and Chairman,
David L. Wendtland
STAFF PRESENT . Roland G. Miller, Acting Director of Community
Development
Susan Sedlachek, Secretary
Dr. Blassingame moved to approve the minutes of the meeting of
April 12, 1976, seconded by Propp. Motion carried, 6-0.
I. SPECIAL USE PERMIT
A. Mercy Medical Center requests a Special Use Permit for
hospital use on the property described as:
Parcel I
Al1 of Lots 1-20 described as Corbett's Replat in Carl
Hennig's Addition in the Eleventh Ward, City of Oshkosh.
Parcel II
Lots 5� 6� 7� 8� 13� 14� 15� 16, and 17� all in Block 2�
in Barber and Madison's Addition in the Eleventh Ward, City
of Oshkosh.
Parcel III
South 35 feet of Lot 16, all of Lots 17, 18, and 19 and the
West 25 feet of Lot 3(Note: 32.5 feet wide) in Block 3 of
Charles Barber's Replat in the Eleventh Ward, City of Oshkosh.
Parcel IV
All of Block 2 in Carl Hennig's Addition in the Eleventh Ward,
City of Oshkosh, except the following parcels of land:
Lot 15, Lot 18, the North 42.2 feet of Lot 1, and the West
36.4 feet of the North 42.2 feet of Lot 2.
Page 2
Plan Commission Minutes
Monday, April 26, 1976
Mr. Miller explained that this request was withdrawn at the last
meeting due to an incomplete legal description. The properties now
given in the legal description are all owned by Mercy Medical Center.
The only modification to the original proposal was that the one lot
that extended through to Grove Street was eliminated and the property
containing the hospital and nursing school were added.
Mr. Hibbard Engler, 302 North Main Street, Counsel for Mercy
Medical Center appeared before the Commission and stated that all this
is is Step 2 of the procedure to obtain a Special Use Permit.
No one appeared in objection to the permit.
Mr. Schneider moved to approve the Special Use Permit, seconded
by Fonstad. Motion carried, 6-0.
II. PRELIMINARY PLATS
A. Fifth Subdivision of Lakeview Park Plat
Dr. Louis D. Graber, owner of the property described as:
Part of Lot 31, Block 5, Lakeview Park Addition, 13th Ward,
City of Oshkosh
requests the Plan Commission to review the Preliminary Plat
of the Fifth Subdivision of Lakeview Park.
Mr. Miller explained that the plat was laid over at the last
meeting. The proposed plat contains 18 lots which all meet the minimum
design standards of the Subdivision Ordinance. Mr. Miller added that
the property is all zoned R-1B.
Mr. Dennis Nodahl, Rice and Orth of Appleton, appeared before
the Commission and stated that they believe this is a good layout and
everything should be there to serve the plat. Mr. Miller pointed out,
for the Commissioner's information, that a preliminary drainage and grad-
ing plan for the plat had been received from Rice and Orth and had been
forwarded to the City Engineer. He stated that the Engineer had told
him that it looked acceptable except that the grade sets for the st-reets
and sidewalks have not been set yet and it will have to be resubmitted
at that time.
Dr. Blassingame moved for approval of the preliminary plat, ✓
seconded by Fonstad. This approval would be conditional to the
submission of a final drainage and grading plan anci approval by the
City Engineer.
The property owner of 1728 Menominee Drive appeared before the
Commission and questioned whether the water`that is now standing in
this area would be taken care of by putting in the streets. Mr.
Wendtland replied that the property owner is required to submit a
drainage and grading plan that is acceptable to the Department of Public
Works that would be in concert with surrounding drainage.
Page 3
Plan Commission Minutes
Monday, April 26, 1976
Mr. Schneider stated that he would expect the trouble will be
on the South end of this plat - Lots 118-121. If some drainage is not
provided, you'll find standing water on the back of those lots. Mr.
Nodahl of Rice and Orth pointed out that they do show a catch basin
on the preliminary grading and drainage plans.
Mr. Russell Williams, 504 Algoma Boulevard, appeared as the
Attorney for Dr. Graber, owner of the property, to answer any questions.
The motion carried, 6-0.
B. Westbrook Preliminary Plat
Robert Schulz , owner of the property described as:
A subdivision located in the West 1/2 of the NE 1/4 of
Section 21, T18N, R16E, City of Oshkosh, Winnebago County,
Wisconsin.
requests the Plan Commission to review and approve the
Preliminary Plat of the Westbrook Plat.
Mr. Miller explained that the plat submitted contains 14 lots.
The subdivider has submitted a complete plan that will contain future
additions. The plat will be contained within the temporarily zoned
R-3 area. All lots exceed the minimum design standards of the
subdivision ordinance. Mr. Miller also noted that the plat is
immediately East of a proposed green area, bikeway-pedestrian way
which is contained in the Comprehensive Parks Plan for future
parkway in that area. This has not gone to the Parks Board because of
the timing.
Mr. Bob Schulz, 2131 Fairview Street, appeared before the
Commission to answer any questions. Mrs. Fonstad asked Mr. Schulz if
he is planning to develop the plat as R-3? Mr. Schulz replied that he
is. Mrs. Propp stated that it was her understanding that final zoning
has not been given on the property yet. Mr. Schulz replied that this
was a temporary zone and he did not know the procedure. Mr. Wendtland
stated that final zoning of the property was brought to the Plan
Commission and was not acted on. However, that does not make any
difference with a preliminary plat-.
Mr. Wendtland asked the reason that Lot #7 has an 80 foot depth
instead of the 100 foot depth which the Ordinance requires. Mr. Schulz
replied that he does not own the 2 1/2 acres to the West so in order
to provide sufficient lot area, there is more frontage on those lots
to make up for lack of depth.
Mrs. Propp asked, with R-3 zoning, what kind of buildings do you
have in mind? Mr. Schulz replied that they will hopefully try to come
up with a good mix, townhouses, four-plexes, and perhaps get into
something with single family.
Dr. Blassingame asked if the creek doesn't run partially through
Lots 11 and 12? Mr. Nodahl replied that it misses the creek by several
Page 4
Plan Commission Minutes
Monday, April 26, 1976
feet - the line shown is a meander line. Dr. Blassingame stated that
it bothers him that this runs right along the edge of Sawyer Creek. He
asked if there were any Department of Natural Resources regulations
on this area? Mr. Miller replied that he did not know if there were
any restrictions or whether Sawyer Creek is classified as a navigable
stream.
Mr. Wendtland asked Mr. Schulz if it was his intention, under
the Subdivision Regulations, to pay the fee or dedicate land in lieu
of the fee. Mr. Schulz replied that at this point, they thought it
better to pay the fee.
Mr. Boyd Kraemer, Parks Director, appeared before the Commission
and stated that the Parks Advisory Committee is presently looking at
a land acquisition list. The area along Sawyer Creek is shown on the
Comprehensive Parks Plan as a passive recreation area, etc. He added
that they would like to preserve the area. With the possible trade of
the 9th Street property, we will not have land in the area. He stated
that this is included in the park plans. Mrs. Propp asked Mr. Kraemer
how much overlap there is between this and what Mr. Schulz has brought
up? Mr. Kraemer replied that he did not have an idea now how far back
they would need at this point. He added that the timing is unfortunate -
this item is scheduled for the Parks Board meeting tonite. Mr.
Kraemer stated that they are hoping park development will occur along
Sawyer Creek and would recommend that you might table this. Mr.
Schneider stated that the City hasn't the money to buy this land and
these fellows want to go ahead with development. Mr. Kraemer pointed
out that the reason the Subdivision Ordinance has the park land
dedication requirement is so that it can be considered. Mr. Schneider
asked Mr. Kraemer if this land isn't generally dry about 11 months out
of the year? Mr. Kraemer replied that it is, but the whole area will
not be viable if a portion here and there is p.reserved for a nature
way along Sawyer Creek. Mr. Schneider stated that we saw plans two
years ago on this and now someone wants to develop it. These people
have an investment there and have to have an answer.
Mr. Wendtland stated that he thought there would be some time
though for consideration because it will be at least a year before
the extension of sewer and water is done. The Council will have to
make a decision on it also. The Council can take bids and extend.'it
that 1,000 feet.
Mrs. Propp asked Mr. Kraemer if he thought the Parks Board could
give him an answer on this tonite? Mr. Kraemer replied that he had no
inkling that this would come up at this rate of speed. He added that
he did not know how much land would be required under the Subdivision
Ordinance and the Park Board does feel very strongly about preserving
Sawyer Creek. He added that Mr. Miller is the only one he has had
contact with on this property.
Dr. Blassingame stated that there are a11 sorts of options to
develop this land and he does not see where this makes the maximum
advantage of the land.
Page 5
Plan Commission Minutes
Monday, April 26, 1976
Mr. Schulz stated that he does not believe this is fair. He
stated that they had invested in this property long before any of these
requirements were drawn. He staied that they have been in the City for
two years and have had an increase in taxes. We don't plan to destroy
the area. He stated that he is concerned with a bike-type of thing in
a residential area and would think it even better to keep the privacy.
He stated that they have a builder and some people interested in building
in this area. He stated that he thinks this is taking unfair advantage
of this. He stated that he is not asking for anything more than
anyone else received.
Mr. Russell Williams, 504 Algoma, appeared representing Schulz
and Geffers, stated that they have access to protective covenants that
would keep this as a wetland - it will not destroy the area. If a
public path is put through that would destroy more than it if were
maintained privately. A lot of thought has been given to retaining
that area through protec�ive covenants. Mr. Wendtland pointed out that
the whole idea of inclusion of the open space requirements in the
Ordinance was for public park purpases or money in lieu of land. That
is what the Parks Board has to consider. Mr. Williams contended that
the open space concept was not to have a park in every area. It is
better to have 14 lots having a common interest in that land.
Mr. Wendtland stated that when talking about public parks and
right-of-way, we are asking for public use. Mr. Williams replied tha-t
it should be kept as wetland - we want to keep this as is and beautify
it but not have the public in there and create problems as Mr. Schneider
mentioned. �
Mrs. Propp stated that she thought this sh�uld be laid over and
perhaps you should come up to the Parks meeting ton2te and tell your
point of view. Mr. Williams stated that they are interested in
protecting the area. Mrs. Propp stated that we are all interested in
that, perhaps it is the method used. Mr. Geffers, a co-owner of the
property, stated that we should not be concerned with park area yet -
it is planned to be on the other side.
Mrs. Propp stated that the zoning still bothers her. She asked
if they had thought of some R-1, R-2, and R-3 rather than a huge mass
of R-3? Mr. Schulz replied that they don't plan a mass of R-3. They
think that it is, perhaps, the coming thing to have townhouses with
nice lots. This would also cut down, with the cost of building, the
investment and would also provide for an age mix so that there is
someone to take care of the property.
Mrs. Enid Schrader, 1717 Jefferson Street, stated that there is
a new law now, under HUD housing, that this type of housing cannot be
discriminated upon. Mr. Wendtland pointed out that what we are dealing
with now is a preliminary plat. This does not deal with the type of
housing.
Dr. Blassingame moved to lay over the Westbrook Preliminary Plat
to the next session of the Plan Commission, seconded by Fonstad. P�rs.
Fonstad stated that she would like to see some consideration given to
extending to the other side of the creek. Motion carried, 6-0.
Page 6
Plan Commission Minutes
Monday, April 26, 1976
Dr. $la�singame asked if the staff could prepare a list of how
many lots for apartments and single family have been platted in the
last year.
Mrs. Fonstad stated that she would like to consider final zoning
of the Westbrook Plat area before approving the plat. Mr. Wendtland
stated that this could be done, but the City Attorney has informed me
that the plat is subject to temporary zoning. Mrs. Fonstad stated that
she thought this a better time to consider final zoning.
III. OFFICIAL MAP CHANGE
A. The City of Oshkosh requests approval of a modification to
the Official Map:
TO ADD:
The West 66 feet of the East 801 feet of the West 1/2 of
the NE 1/4, Section 2-17-16, 14th Ward, lying South of the
present right-of-way of Medalist Drive.
Mr. Miller explained that this Official Map Change would be an
extension of Medalist Drive in the existing South Industrial Park. It
presently extends 1100 feet South of Waukau Road and with the Official
Map Change would extend to the City Limits Line. The reason for the
Official Mapping is that the County Sheriff's Department and the City
Police Department would like to build on th� shooting range. Mr.
Miller added that this has been reviewed by Pat Vercauteren of Oshkosh
Industrial Development Committee and reflects his recommendation also.
Mr. Schneider moved to approve the Official Map Change, seconded
by Steinert. Motion carried, 6-0.
IV . LAND EXCHANGE
A. The City of Oshkosh and the Oshkosh Area Board of Education
request the Plan Commission to review and approve an exchange
of property described as:
City of Oshkosh
The East 20 acres of the Southwest 1/4 of the Southeast 1/4 of
Section 21, Township 18 North of Range 16 East, excepting
therefrom the West 500 feet, front and rear, of the South 330
feet thereof, in the City of Oshkosh.
Page 7
Plan Commission Minutes
Monday, April 26, 1976
Oshkosh Area Board of Education
A parcel of land in the 12th Ward, City of Oshkosh, Winnebago
County, State of Wisconsin, described as follows:
Commencing at a point on the centerline of Morgan Avenue
132.6 feet east of Vinland Road, Thence N 0°24' E, 510.75
feet; Thence S89°56' E, 14.4 feet; Thence N 0°24'E, 160 feet
to the North line of the South 1/2 SW 1/4 NE 1/4 of Section 11,
T18N, R16E, City of Oshkosh, Thence S89°57' E, 1139.8 feet
along said North line to the West line of the SE 1/4 NE 1/4,
Thence S 0°09'E, 460.0 feet; thence P189°57' West, 859 feet,
Thence S 0°24'W, to the extended centerline of Morgan Avenue
Thence West along said extended centerline to the point of
beginning. Said parcel contains approximately 13.56 acres.
Mr. Miller explained that the land exchange would involve the
City owned property on West 9th Avenue and the Oshkosh Board of Educat.-ion
property located just North of North High School. Tentative approval
of the governing bodies has been reached.
Mrs. Enid Schrader, 1717 Jefferson Street, asked if the Town
Chairmen have agreed on this? Mr. Wendtland replied that they would
only decide if the property were being sold, not when an exchange takes
place.
Mr. Wendtland stated that the City has had orders from the
Department of Natural Resources to fill in the 9th Avenue Site. With
the exchange of property the fill would go with it. The order came
if the City was going to maintain the property, the hole had to be
filled.
Mrs. Schrader stated that she could not see a school located
right next to a hospital. She stated that she could not see a school
being out there unless the School Board has plans to sell it.
Mr. Schneider moved to approve the land exchange, seconded by
Fonstad.
Dr. Blassingame asked the City's plans for the North site? Mr.
Wendtland replied that a portion of the school site is treed, and used
for agricultural classes. The remaining portion cannot be used for
open recreational area. Dr. Blassingame asked how he would see the City
using the treed area? Mr. Wendtland replied that we have no finalized
plans. Parks Director, Boyd Kraemer, is looking at this for pas�ive
area rather than an active part of a park.
Dr. Blassingame stated that, essentially, the City gets a park
and the School Board gets a site for a school? Mr. Wendtland added
that the City would also be getting rid of a problem. We would be
required to fill it in if it were not exchanged. It will be filled
one way or the other and they are not interested in keeping a hole full
of water out there.
Motion carried, 6-0.
Page 8
Plan Commission Minutes
Monday, April 26, 1976
ADDENDUM #1
l. PRELIMINARY PLAT
A. Rusch and Hoegh Subdivision
Thomas Rusch and Mark Hoegh, owners of the property described
as follows request the Plan Commission to review the Preliminary
Plat of the Rusch and Hoegh Subdivision.
A tract of land in the Northeast Quarter (NE 1/4) of the
Southwest Quarter (SW 1/4) of Section Fifteen (15), Township
Eighteen (18) North, Range Sixteen (16) East, Sixteenth (16)
Ward, City of Oshkosh, Winnebago County, Wisconsin containing
3.222 acres of land and being described by: Commencing at
the West Quarter Corner of said Section 15, thence S. 89°-55'-39"
E, 1,321.00 feet along the North line of the Southwest Quarter
of said Section 15 to the Northwest Corner of the Northeast
Quarter of the Southwest Quarter of said Section 15, thence
S. 00°-30'00" W. 69.92 feet along the West line of the
Northeast Quarter of the Southwest Quarter of said Section 15,
to the true point of beginning, also being a point on the South
line of County Trunk Highway "00", thence N. 62°-09'-17" E.
138.50 feet along the South line of Country Trunk Highway "00"
thence S. 28°-55'-14" E. 73.09 feet, thence S. 00°-04'-30" W.
101.64 feet, thence N. 65°-00'-56" E. 151.72 feet to the
Northwest Corner of Lot 5 of Lewis Addition, thence S. 00°-
48'-05" W. 394.85 feet along the West line of Lewis Addition
recorded as S. 00°-19' W. 394.96 feet to the Southwest Corner of
Lot 1 of Lewis Addition, thence S. 89°-59'-42" E. 0.72 feet
along the South line of Lot 1 of Lewis Addition to the West line
of Laurie Avenue, thence S. 00°-21'-50" E. 60.00 feet along
the West line of Laurie Avenue to the Northwest Corner of Lot 24
of First Addition to Smith's Acres Plat, thence N. 89°-55'-39"
W. 295.06 feet to a point on the West line of the Northeast
Quarter of the Southwest Quarter of said Section 15, thence
N. 00°-30'-00" E. 491.29 feet along the West line of the
Northeast Quarter of the Southwest Quarter of said Section 15 to
the true point of beginning.
NOTE: This description encompasses a part of E. Davis Children's
Home and the John Senderhauf property in which the owners
will be obtaining deeds.
Page 9
Plan Commission Minutes
Monday, April 26, 1976
Mr.Miller explained that the plat contains 10 lots, nine of
which are undeveloped at the present time; the other one lot is owned
by one of the part owners. Mr. Miller stated that all of the lots
meet the minimum requirements of the Subdivision Ordinance. This
property is adjacent to one of the former town islands that was
annexed to the City. The existing, proposed cul-de-sac does not conform
with the Official Map. Mr. Miller stated that, as he understands it,
there is a question concerning the 11 feet of right-of-way shown for
dedication which is presently owned by the E.B. Davis Children's Home.
Mr. Tom Rusch appeared on behalf of Mr. Hoegh and himself and
stated that he had talked to Mr. Gary Yakes, Attorney for the Children's
Home this morning and was told ihere would be no problem with the
purchase of 11 feet for dedication to extend the street.
Mrs. Propp asked Mr. Rusch if this was the only portion they own?
Mr. Rusch replied that it is. Mrs. Fonstad asked why this is being
changed when we have an Official Map? Mr. Miller replied that he did
not know when the Official Map was made, however, the present planned
street alignment does not extend far enough to the North and in too far
East to allow the development of this property. Mr. Schneider stated
that the Official Map was drawn about 10 years ago.
Mr. Miller stated that because the Official Map had been drawn
prior to the development of surrounding properties, some obvious
problems would result if the present system was implemented:
1) insufficient depth along Robin Avenue and the praposed
street would necessitate double frontage lots.
2) the proposed intersection on Westfield is too clase to the
existing intersection of Westfield and Robin.
3) the existing street plan would make utilization of all
property difficult.
Mr. Miller stated that he had drawn three possible alternative
alignments in which all land can be used. The East-West connection should
align directly with Laurie Avenue. He stated that this is not an item
for consideration because we would have to meet with area property
owners. The connector to Oshkosh Avenue is on the present Official Map
and there is a possibility that this could be eliminated if there is a
problem.
Alternative #1 allows utilization of all property; eliminates the
necessity of having additional cul-de-sacs; eliminates the intersection
on the curve of Westfield Street.
Alternative #2 also allows utilization of property with only a
small portion that could be difficult to utilize. This also has an
access point on the curve of Westfield Street and right angle turns
make it more difficult for traffic flow.
�
Page 10
Plan Commission Minutes
Monday, April 26, 1976
Alternative #3 again allows use of all property; has an access
point on the curve and is fairly close to Locust.
Of the three alternatives, Mr. Miller stated that he would
recommend Alternative #1 but this would be subject to a meeting with
property owners. Mrs. Fonstad asked if something couldn't be worked
out with property owners, what would be the status of the existing
street from the cul-de-sac? Mr. Miller replied that he did not think,
with the Official Map arrangement, that anyone should object. However,
if they did object to the proposed changes the only necessary change to
the existing alignment would be moving the segment of street that affects
this plat to the West.
Mrs. Fonstad moved to approve the plat, seconded by Propp.
Mr. Wendtland asked what the Commission wished to do on the 48.4 foot
street - until the street is officially deeded to the City? Mr.
Schneider moved to add to the motion that 11.56 feet be deeded to the
City for right-of-way purposes. This addition was acceptable to both
Mrs. Fonstad and Mrs. Propp. Motion carried, 6-0.
ADDENDUM #2
l. Lot Division
Request by Harold Eichstadt, owner of the property described below
for review and approval of a lot division.
Part of the SE 1/� of Sec�ion 11, T18N, R16 E, in the 12th Ward,
City of Oshkosh, Winnebago County, Wisconsin.
Beginning at an iron pipe on the Southerly right-of-way line of
Linwood Avenue extension that is 63.52 feet, S 0°14'W and 280.15
feet S71°14'W of the Northwest corner of FIRST ADDITION TO EICHSTADT
SUBDIVISION. From that point running S19°52' E, 118.06 feet to an
iron pipe, thence S 0°06' W, 110.90 feet, to an iron pipe, thence
N89°38'20" W, 44.884 feet to a capped iron rod, thence N19°52' W,
208.310 feet to a capped iron rod on the Southerly right-of-way
line of Linwood Avenue extension, thence N71°14' E, along said
right-of-way line, 80.00 feet to the said point of beginning.
Being a parcel of land of 15,541.22 square feet, more or less.
Mr. Miller explained that the property is located just South of
Linwood Avenue. Mr. Eichstadt has a buyer for the lot and wishes at this
time to split this larger parcel into two parcels.
Mr. Harold Eichstadt, 1820 Vinland Road, appeared before the
Commission and stated that he has sold one lot. He asked that these
lots be called Lots 1 and 3 rather than 1 and 2 as they have already
been certified as 1 and 3. The deed is already recorded as that. Mr.
Wendtland asked if he would be coming back with platting parcel 3?, Mr.
Miller stated that under the State Statute, the number of divisions
allowed prior to platting is more liberal than our Ordinance. Our
Ordinance requires that a plat be submitted when three or more parcels
of less than 5 acres are created. Mr. Eichstadt complied with the
State regulations but not the City regulations.
Page 11
Plan Commission Minutes
Monday, April 26, 1976
Mr. Eichstadt stated that he has already sold the lot, so will go
along with what the City requires on platting. But, it would save a
great deal of legal changing if the lot number could be left as 3.
Dr. Blassingame stated that he is basically just dividing a lot
then? Mr. Miller replied that he is dividing a lot into two. The lots
meet the minimum design standards and square footage.
Dr. Blassingame moved to approve the lot division, seconded by
Steinert. Mrs. Fonstad asked if the stipulation of #3 had to be
included in the motion? Mr. Miller replied that he would check with
the Attorney as to any problem with a consecutive numbering of lots.
Motion carried, 6-0.
Mr. Steinert moved to adjourn the meeting, seconded by Blassingame.
Motion carried, 6-0.
sgs
Respectfully submitted,
�, .
ROLAND G. MILLER, Acting Director
Department of Community Development
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