HomeMy WebLinkAbout28162 / 76-100
� May 6, 1976 # 10 RESOLUTION
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U'IvAN�M�ti�Li.' I�PPr°�.;�Vr;il iss r�.,Aiv CGi�aiylS;;;;�.t). N`7-�c�
BE IT RESOLVED by the Common Cauncil of the Ci�y o� Oshkash
that the Preliminary Plat for ANCHORAGE PARK PLAT is he�eby
approved., subject to the modifications approved b y the Plan
Commission (Submission of a drainage and grading plan)
That par� of Lot 135 East of the Chicaga and N�rt:hwestern
i�ai.lroad right-of-way, w�st of Bawer� ��reet arid south of
Nicolet Avenue except the south 500 £eet, Rep].at nf
Oalcwood Beach P1at, 15th Ward, City of Oshkosh, Winnebago
County, YrJisconsin.
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PLAN COMMISSION MINUTES
MONDAY, APRIL 12, 1976
4:00 P.M.
MEMBERS PRESENT: Karen Fonstad, Warren Steinert, Kathleen Propp, Gary
Goyke, Robert Fick. Lurton Blassingame, Jack
Schneider, and Acting City Manager, David L. Wendtland.
STAFF PRESENT . Roland Miller, Acting Director, Community Development
Susan Sedlachek, Secretary
I. ZONING ORDINANCE AMENDMEPIT
A. The Department of Community Development requests the Plan
Commission review the following proposed amendment to the City
of Oshkosh Zoning Ordinance:
INSERT:
Section 30-3 Definitions.
30. "Hospital". The term "hospital" means any building
structure, institution or place which is devoted primarily to
the maintenance and operation of facilities for the diagnosis,
treatment of and medical or surgical care for individuals
suffering from illness, di.sease, injury or deformity and which
makes available clinical laboratory service, diagnostic
x-ray and treatment facilities for surgery or obstetrical care
and which is accredited as a hospital by the Joint Commission
on the Accreditation of Hospitals.
NOTE: If inserted, subsequent definitions will be renumbered.
DELETE:
Sectzon 30-18 (b) (4) Special Permitted Uses
"...,hospitals,..."
Page 2
Plan Commission Minutes
Monday, Apri� 12, 1976
INSERT
USE
Hospitals
SPECIFIC CONDITIONS
a. Buildings may not occupy
over 40 percent of the lot.
b. Buildings must be setback
an additional one foot over
the usual yard re�uirements
for each one foot the
bu�lding exceeds usua� height
limits.
c. Off-Street Parking:
l. One and one half (1.5)
parking snaces shall be
provided for each hospital
bed.
2. Where the proposed parking
lot fronts on a street that
constitutes the boundary
line between hospital use
and predominantly residential
use (greater than 50 percent
of the block frontage), the
parking lot shall have a
setback of not less than 15
feet. Otherwise a 5 foot
setback shall be provided.
3. Where the proposed parking lot
abuts p�operty used for a
residence a 3 foot side yard
setback and rear yard setback
shall be provided.
DISTRICTS
R-lA, R-1B,
R-2, R-3,
R-4
4. A suitable fence, wall or
evergreen shrub border, at
least five t5) feet high alon�
all non-owned residential property
shall be provided.
5. Proposed ingress and egress points
shall be reviewed for ap�roval or
denial by the Director of Pu'�lic
Works to insure compliance with
traffic engineering and safety Standards.
6. The proposed parking lot shall conform
with all pravisions of Section 30-20
(b) (5), Cc) (2), (c} (3), (c) (4), and
(c) ('6).
� Page 3
Due to information received at the Workshop Session and Subsequent
meetings with the liospital representatives and citizens from the
neighborhood, the Plan Commission may consider an ordinance amendment
containing the following provisions.
USE
SPECIFIC CONDITIONS
Hospitals a. Buildings may not occupy over 40
percent of the land i.ncluded within
the special use permit.
b. Off-street Parking:
1. One parking space shall be
provided for each hospital bed,
2. Where the proposed parking lot
fronts on a street that constitutes
the boundary line between hospital
use and predominantly non-hospital
owned residential use (greater
than 500 of the block frontage),
the parking lot shall have a
setback of not less than 15 feet.
This required setback shall be
landscaped with grass and other
plantings and shall contain a
6 foot high chain-link fence of
suitable gauge and evergreen
shrubbery of 60% opacity. The
parking lot setback sha11 be 5 feet
where the parking 1ot fronts on a
street which is not predominantly
residential use as herein defined.
Such 5 foot setback shall be
landscaped with grass and other
plantings.
In the required setback areas, the
existing deciduous and evergreen
trees with a trunk diameter of 8 inches
or more wi1.1 be retained .
DISTRICTS
R-lA, R-1B,
R-2, R-3,
R-4
3. Where the proposed parking lot abuts
property used for a non-hospital owned
residence, a 3 foot side yard setback
and rear yard setback shall be p�ovided.
In such setback, a 6 foat chain link
fence of suitable gauge and evergreen
shrubbery of 600 opacity shall be provided.
4. Where evergreen shrubbery is required, it
shall have a minimum height of four (4)
feet at the �ime of planting and shall
be located on the required setback line
between the nearest property line and
the required fence.
Page 4
Plan Commission Minutes
5. The required chain link fence and
evergreen shrubbery shall conform to
Section 30-19 �e) (1) relating to
vision clearance.
6. Proposed ingress and egress points
shall be reviewed for approval or
denial by the Director of Public
Works to insure compliance with
traffic engineering and safety
standards.
7. The proposed parking 1ot shall conform
with all provisions of Section 30-20
(b) (5), (c) (2), (c) (3), (c) (4), and
(c) (6).
Mr. Miller explained that meetings had been held with representa-
tives of the neighborhood, representatives of the hospital and the
Department of Community Development to work on a proposed amendment.
The first amendment in the agenda is the original, proposed amendment
and the second amendment distribu�ed with the agenda is a copy of what
was a result of ineetings the staff had with the neighborhood and
hospital representatives. The Plan Commission may wish to entertain
some of those recommendations in their consideration, he added,
Mr. Hibbard Engler, Counsel for Mercy Medical Center, 302 North
Main Street, appeared before the Commission. Mr. Engler stated that
the definition o� hos�i�a1 remains the same - there was no change.
Item (a) was changed to clarify what was meant by lot. Item (b) on the
original amendment was eliminated - the basis for this was because
Mercy Medical Center is the only hospital and if we had the setback
requirements, there is no way a special use permit can be issued to the
present buildings. Under off-street parking (c), a change was made to
reduce the number of parking spaces from 1.5 to 1 for each hospital
bed because, frankly, this is what parking would be available. Number (c)
(2) was changed to a setback of 15 feet where over 1/2 of the block
frontage is predominantly residential. He pointed out that the setback
on Grove would be 15 feet, on Oak would be 5 feet, that also lying North
of Cleveland would be 5 feet, and on Parkway would be 15 feet. He
added that some of these changes are input from residents dlso. Item (2)
also contains the requirement for a six foot high chain link fence with
evergreen shrubbery of 600 opacity and at the request of the neighbors, all
�xist�ng deciduous trees with a trunk diameter of more than 8 inches will
be retained.�tem; 3 is an additional requirement of a 3 foot side and
rear yard sefiback. Item (4) requires evergreen shrubbery at a minimum of
4 feet in height at planting time be placed at the required setback line.
Ifiem (5) pertains �o al1 ingress and egress points and vision clearance.
Number (6) is the old (5), unchanged, Item (7) is unchanged.
He stated that he would submit to the Plan Commission, on behalf
oi the hospital, that they can comply with the provisions of the Specia�
Use Permit and will petition for it.
Mr. Fick asked what fihe one parking space was a compromise from?
Mr. �ngler stated that it is a compromise to meet future conditions,
conditions which exist, and those which we look to in the near future.
Page 5
Plan Commission Minutes
Monday, Apri1 12, 1976
Mr. Fick po�nted out that dec�duous trees and evergreen shrubbery
are normally measured at a height of 3 feet above ground level. He'
stated that there is some signi�icant dzfference in trees. He s�ated
he thought the City uses the 3 foot measurement and this should be '
included. Mr. Engler stated that he thought perhaps this would mean
substantial trees would remain. Mrs. Fonstad asked if the 600 opacity
would be the entire length except for vision clearance? Mr. Engler
replied that it would be, tha� is his understanding.
Mrs. Marie Senn, 672 Grove Street, asked if the Maple trees on
Cleveland would be cut down and evergreens and a fence put in which will
be a catch-all for everything. She asked if �he hospital will be
keeping this clean? Mrs. Senn stated that she has two lots with a
honeysuckle hedge that has been practically run over. She added that she
has to cut the hedge on both sides and there is junk being tossed into
here. Tf parfi of this will be paved what will happen to the corridor
in between my property and the paved area? They will not take care of it.
Mr. George Thomas, Mercy Med�cal Center, Manager of Plant and
Facilities, appeared before the Commission and stated that the
proposed ordinance changes have been worked out with all of the neighbors
and Mr. Miller. Mr. Miller and about a half dozen neighbors came in
again and we came up with this proposal which we feel is something we
can live with. Mr. Thomas stated that the cyclone fencing wi�l cost
them about $8-10,000 and about the same amount for hedging. He stated
that he feels this is a lot more than you are asking of others in the
City. Mr. Thomas stated that he would agree with soma of the remarks
because this will be creating something that is difficult to maintain.
We do feel we can live with it as it is written up. Mrs. Propp asked
if they do plan on at�empting to maintain the fence and hedging? Mr.
Thomas �eplied that he does feel they w�ll have a problem with a man
go�ng ihrough 3 feet with a lawnmower - it wi�� probably be tall grass.
Mrs. Dor�s Schultz, 655 Grove Street, appeared before the Commission
speaking �or some of the residents in the area of the hospital, and
read a prepared statement (see attachment 1).
M�s, Gr��chen F1ood, 1106 East Trving Avenue, stated that the
provisions for �bu��ing property owners are those included from their own
petz�ion. Those woxds were taken from their own petition of provisions.
Perhaps i� they are concerned, the insertion o� the word "maintenance"
wpuld s��ve the �roblem.
Mrs. Mary Hugh��, ���� East Irving Avenue, stated that there is
still a bus and a c�mper parked on the 1ot and is wondering why it has
not been remov�d from the lofi?
Mr. Rqbert $ri�master, 1015 East Irv�ng Avenue, stated that he
is very impxessed with the p�ogress that has been made. It is very
d�fticult to spe1� ��1 of fihis out in the ordinance. He stated that he
does not know why �he point of maintenance is coming up - if the
hospital spend� a�� �hat money and meets us that far, he does not see
why w� shou�d warry about pu�ting a rake in once �� awhile to help clean
it, He added fiha� a�ot o� fihe debris comes from Longfel�ow School.
Page 6
Plan Commission Minutes
Monday, April 12, 1976
.
As to the lighting issue - Mr. Thomas has given verbal assurance of
meeting with Mr. Fzck and has said �hey wi�l try to do everything in
the�r power to ge� lighting that is �eceptable. Mr. Brismaster concluded
that he did nofi want the 3 foot issue between fihe �ence and 1ot �ine to
dissuads the Commiss�on.
Mr. Schnezder moved to approve the new proposed zoning ordinance
amendment, seeonded by Blass�ngame.
Mr. Fick moved to a�end Sect�on (b) (2) paragraph 2 to add the
wording, "...p� 8�' or more, 3 feet above ground line, wi11 be retained."
Motion seconded by Fonstad. Mrs. Propp stated that she thought more
trees would be preserved that way. Mr. Fick agreed.
Mr. A1 Hetze�, 1017 East Parkway, stated that the lights from
the school yard shine r�ght in his room, pulling down the shade solves
the whole thing. As far as lighting is concerned, he did nofi see where
that would create any troub�e. He added that it is a good thing they
did put in extra l�ghfis in the school yard with what goes on there.
Mrs. Grefichen �1o0d stated that there are very nice lighfis at
the new Post Office, at Doctors Court and Leeward and Windward Court
and we thought perhaps we could go on record that these are desirable
lights for a residential area. Mr. Schneider stated that he doesn't
�eel that this belongs in the Ordinance itself. That would have to be
worked out with the hospital. We cannot tell them what kind of light
to put in on private property - on City right-of-way we can.
Mrs. Beatrice Wal�, 645 Grove Street, stated that her home faces
the existing parking lot. There are 8 houses on this block who are
bothered in summer by lights in this parking lot.
Mr. George Thomas, Mercy Medical Center, stated that he had their
Public Information Department take a survey of those 8 homes as to
whether the lights bothered them and only two of those surveyed were
bothered by the lights - the other six stated that they felt a little
more secure at night wi�h the lights. If there is not a big cost
difference in these lights, we will consider them. There is a limit to
how far the neighbors can tell us to go with this. Mr. Thomas stated
that he had talked with Mel Carpenter of the Public Service today and
asked him to check into problems on Grove Street and types of lights.
Mr. Wendtland pointed out that Section 30-20 (c) (6) does include the
shielding of light.
The amendm�nt to �he motzon carried, 8-0.
Mr. Fick stated that he has problems with (b) (2) "This required
setback shall be landscaped with grass and other plantings and shall
contain a 6 foot high chain-link fence of suitable gauge and evergreen
shrubbery of 600 opacity." He stated that he thought we would have to
add the word summer. Mr. Mi11er replied that this specified evergreen
shrubbery. Mr. F ck stated fihat he could see shrubbery of 60o summer
opacity. Mr. Mi11er stated that this came from the proposed Zoning
Ordinance of screening industrial areas. Mr. Fick asked the rest of
Page 7
Plan Commission Minutes
Monday, April 12, 1976
the Plan Commissioners if fihey felt the word evergr�en should remain
rather than jus� shrubbery? The commissioners agreed it should remain.
Mr. Fick asked about �he wo�ding suitable gauge - in who's opinion?
There are seven dif�erent gauges, he pointed out. You can get some
cheap, dange�ous �encing. We have found that we have to s�ick w�th
ga�vanized steel. He asked where this word�ng came from? Mr. Miller
replied tha� the wording came �rom the petition submitted from the
neighborhood residents. Mr. Fick stated that the City speciiies a
gauge of fencing and that perhaps could be incorporated. Mrs. Fonstad
stated that most of �he Zoning Ord�nance regulations state suitable
gauge. Mr. Goyke stated that he fee�s the word suitable would be all
right. As mentioned �n here, the C�ty wi�l be coming in and making
inspection and this wi11 take care of it. There are enough guidelines
in here that will satisfy any quest�ons I have.
Mr. Fick asked which side of the fence the evergreen shrubber�
wauld be on? Mr. Miller replied that it would be on the outside of the
fence on the property �ine. Mr. Fick stated that he has a real hang-up
of putting anything in there that is going to be hard to maintain. Dr.
Blassingame stated that the fence protects �he shrubbery from snow
removal. Mr. Fick sta�ed that he feels this wil� be a difficult thing
to maintain. We are �alking about setting a precedent and he thinks
we should use extreme c�ution on the location �nd a 6 foot high fence
of suitable gauge. Mr. Fick stated that he finds it entirely distasteful
having a chain link fence in a residential area. I think you have to
talk to someone who has to maintain a chain link �ence and get their
opinion on this. You are going to have complaints to the Building
Inspector on maintenance in six or seven years. Mr: Steinert asked
Mr. Fick if he felt a regular fence without shrubbery would be easier
to maintain? Mr. Fick replied that there would be a continual stain�ng
problem unless you let it go natural, and would be more expensive in
the long run.
Original motion to approve the amendmen�, carried, 7-1-0, with
Fick abstaining.
II. SPECIAL USE PERMIT
A. Mercy Medical Center requests a special permit for parking on
the property described as:
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 42.4 feet of Lot l, and the West 36.4
feet of the North 42.4 feet of Lot 2.
Lots 5, 6, 7, 8, 13 and 14, the North 1/3 of Lot 10, the
South 2/3 of Lot 9, and the North 60 feet of Lots 15, 16, and
17, all in Block 2 in Barber and Madison's Addition in the
Eleventh Ward, City of Oshkosh.
Mercy Medical Center further requests that the special permit
be applied to any of the property adjacent to the property
described in paragraphs 1 and 2 which may be acquired by
Mercy in the future for use as parking facilities.
Page 8
Plan Commission Minutes
Monday, April 12, 1976
Mr. Miller explained that there is land adjacent to the hospital
where they want to complete parking lots - the block between Cleveland
and Irving and Grove and Oak. Item 1 deals with the specific lots and
Item 2 would deal with any areas that the hospital would buy in the
future to be used for parking adjacent to these areas.
Mr. Engler stated that the hospital would like a correction in
the description. We would like to add lots 15, 16, and 17 to that.
We would ask you to delete the North 60' of Lots 15, 16, and 17 of the
description because we have agreed �o acquire Mr. Baur's property and
have closed with Mr. Lewis.
Mr. Engler stated that the second paragraph on future parking areas
was put in as a practical matter as we acquire property for parking. If
there is objection to granting this, it could be stricken and we could
come back each time for a special use permit. Mr. Goyke stated that the
only property to be added is the Baur property on the corner of
Cleveland and Oak. Mr. Goyke asked if this would affect property value
if a home in this area were to be sold to someone else. Mr. Engler
replied that he did not know how it would affect the va�ue unless it is
purchased by Mercy Medical Center because it wouldn't come under the
Special Use Permit. Mr. Goyke stated that he felt this might always be
held over the head of the property. Mr. Engler noted that this was
added as only a matter of convenience for the hospital. Mr. Wendtland
pointed out that the City has not done this in any other case.
Mr. Goyke stated that he would not object to the Baur property
being added but to any other property being included. Mr. George Thomas
stated that they had purchased some more property between the Zinth and
Senn properties and if you �elt You would like control on that, w� have
no strong teelings about having that property deleted from the permit
you are considering. Mr. Goyke stated then, that the property between
the Zinth and Senn properties would not be included and on the ather
block we would not be including Lots 15, 16, and 17.
Mrs. Gretchen Flood expressed concern that blank permission not be
given for property that is not owned yet.
Mr. Engler stated that the special permit for the hospital perhaps
should include the nursing school. He suggested that a new description
should be submitted. Mrs. Fonstad stated that perhaps the property
should be checked so as not to go over the 400 occupation of the lot by
the building. Mr. Engler stated that, in the interest of accuracy, he
would like to withdraw consideration of the special use permit tonite.
A straw vote was taken at the suggestion of Mrs. Fonstad, as
those Commissioners in favor of the exclusion of 1/3 of Lot 10 and
2/3 of Lot 9 and excluding paragraph 3 of the request. All were in
to
favor.
Page 9
Plan Commission Minutes
Monday, April 12, 1976
II. B. A1 Bleser requests a special permit for new and used automobile
sales and service on the property he owns and described as
follows:
Lot l, Block l, Suhl's Addition, lOth Ward, City of Oshkosh
(generally located at the southwest corner of North Main
Street and New York Avenue).
Mr. Miller explained that the property is located at the corner of
New York Avenue and North Main Street and the petitioner is requesting a
special use permit on this lot for automobile sales and service. He
added that a car cleaning operation is there now.
Mr. A1 Bleser, 7 West New York Avenue, stated that he started his
present business at this location in December of 1975 - Winnebago Car
Cleaning. Mr. Bleser stated that he has a binding contract to purchase the
property. Mr. Goyke asked if he is requesting the parking for the lot
that is third from the corner and the business on the corner? Mr. Miller
replied that the parking is allowed on a separate lot in commercial
districts - this is C-3 - as specified in Section 30-20 (c) (1). The
special permit is for Lot 1 only. Mr. Bleser has purchased Lot 3 to
meet the special permit request. Mr. Mi11er added that the building
contains approximately 1,440 square feet and, therefore, he would be
required to provide 14.4 spaces plus one for each employee.
Dr. Blassingame asked why a Special Use Permit is required? Mr.
Miller replied that it is because this use is only allowed in this
district by special permit. Mr. Miller added that this will limit the
number of cars Mr. Bleser will be selling. His intention was not to have
a full scale business. Lot 3 could not be used for used cars. Mr. Bleser
agreed that there would not be cars parked on that lot for sale. There
would only be cars for sale at the corner of New York and Main. Mr. Bleser
added that he has marked 5 spaces but it will more than likely be 4
spaces - I understand that I cannot fill up the corner with cars because
of setback requirements. Mrs. Fonstad asked if a car is in for recondi-
tioning, could he park it on Lot 3? Mr. Miller replied that he could.
Mr. Wendtland asked how many spaces had been computed? Mr. Miller
replied that approximately 16 spaces would be required and provided.
Mr. Goyke asked Mr. Bleser if he had talked to Lain's Barbershop
about this? Mr. Bleser replied that Mr. Lain is in the hospital and he
had not visited him, but had talked to others across the street about it.
Mr. Miller pointed out to Mr. Bleser that he would have to meet the
requirements referring to parking lots when it is installed.
Dr. Blassingame asked if this is consistent with other lots on Main
Street? Mr. Miller replied that he did not know the longevity of other
used car lots on Main, but any put in after the 1965 Ordinance was adopted
would require a special use permit. Dr. Blassingame stated that.if this
were on the other side of the street, he would object to it. Mrs. Propp
stated that she did not see where this is a very happy situation in terms
of having to cross the tracks to get into the property, but as I understand
the City Attorney's opinion, if the requirements are met, we must grant it.
Mr. Schneider moved to approve the Special Use Permit, seconded
by Dr. Blassingame. Mption carried 7-1, with Fick casting the no vote.
Page 10
Plan Commission Minutes
Monday, Apri� 12, 1976
III. ZONING CHANGE
A. Russell F. Williams, owner of the property described below
requests a zoning change from M-3 Heavy Industrial District
to R-4 Multiple Dwelling District.
That part of Lot One Hundred Thirty-five (135) in Replat of
Oakwood Beach Plat, Winnebago County, Wisconsin, in the
Fifteenth Ward, City of Oshkosh described as follows:
Beginning at the intersection of the westerly line of Bowen
Street with the Southerly line of Nicolet Avenue, said point
being S89°20'W, 66.02 feet from the northwest corner of Lot
84, Third Addition to Nicolet Anchorage; thence SO°54' W
along the westerly line of Bowen Street, 673.10 feet; thence
N89°06'W, 130.00 feet; thence NO°54'E, 132.00 feet; thence
N89°06'W, 471.14 feet; thence Nl°57'30" E, 764.32 feet; thence
N42°31' E, 1.26 feet; thence S50°16'E, 369.72 feet; thence
N89°24'E, 298.29 feet to the point of beginning containing
8.50 acres more or less.
Mr. Russell Williams, 504 Algoma Boulevard, and Mr. Dale Rice and
Mr. Dennis Nodahl of Rice and Orth in Appleton, appeared before the
Commission. Mr. Williams explained that he owns the property across the
street from this and is also building a new apartment unit across the
street. Mr. Williams stated that Mr. Miller had been very helpful and
had met many hours with him to make sure we were doing the right thing.
He stated that the multiple family units proposed will be similar to
those already across the street; a tennis court is proposed and a
walkway to it with a planting area similar to that done at Huntington
Downs when that was built next to the asphalt factory.
Mr. Williams stated that they felt they should request R-4 zoning
here and it could be very beautiful and that he will also be annexing
land to the North that will all be residential. Mr. Williams stated that
his neighbor to the South, Mr. Sundquist, said that he is all in favor
of this and that I could so inform the Commission. He added that there is
a laundry across Nicolet Avenue. Next on the agenda is our p1at, and
what we are proposing to do is zone this whole thing so we could move
ahead with the plat. This has been revised about 10 times, trying to
come up with the best land use.
Mr. Rice stated that they did kick around many different layouts
and schemes and land uses on this property and felt, in the final analysis,
that this is the best layout that we could put to the land. The street
layout has been revised many times. Mr. Rice added that he felt both
the rezoning and the plat discussion should go together. He added that
he felt this is a good use for this property particularly because of
the apartment units and multiple family that is across the street as
opposed to the use under the present zoning.
Mr. Fick asked, if rezoned to R-4, how many units, based on the
plat being permitted, could legally be allowed? Mr. Miller replied that
the land could accommodate approximately 172 units as near as we could
Page lI
Plan Commission Minutes
Monday, April 12, 1976
figure. Th�s could vary a couple of units. Mr. Williams stated that what
they intend to do is build, perhaps, 4 unit townhouses. We don`t know
exactly what would be best �here, I�hink that, due to the fact that it
is in this area, we are trying to resurrect something that is n�ce. We
might have to build some single units. He stated that he does not see
a reason why we cannot have 2,000 square feet per unit. We want it to be
as flexible as possible so that it will be successful. We will probably
continue to own them as we have al� the others.
Mr. Fick asked why they are requesting R-4 when a11 the other
property is R-3 - and I should say it was developed rather handsomely
considering what was there? Mr. Williams replied that we are considering
the fact that we have the railroad in the back and have existing
industrial to the South. Mr. Fick asked if R-3 wouldn't be acceptable?
Mr. Williams replied that he would withdraw the request - they want R-4
zoning. He added that he thinks this is gaod land use and will certainly
be a big improvement over what it is and we are right across the stxeet.
Mr. Wendtland asked Mr. Williams what made him decide to come in
with R-4 when you or�ginally planned this as industrial? Mr. Williams
replied that after investigating it, they think this is a better use.
Mr. Wendtland asked if they did not see a conflict with the zoning to
the North, South and West? Mr. Williams replied that he thinks Doctor's
Park which is zoned industrial is a marvelous development and this is the
same plan.
Mr. Fick stated that what he is proposing is more or less what we
have talked about in the planned unit development. He stated that he
can see the particular advantages. My only concern is the density to
the area. He added that he was also surprised to see the difference in
the number of units.
Dr. Blassingame stated that he would agree that what Mr. Williams
has done up until now is very attractive, but we have to give some
consideration to the number of people in this area.
Mr. Williams stated that there is a tremendous need for one bedroom
units. He stated that they want to put in something that would be a
really good use there - perhaps condominiums. There is a need for one
bedroom units and so there wouldn't be a 1ot of people. He stated that
they are concerned wifih the back area where they may put in a swimming
pool with the tennis courts and may need to put in more bedrooms per unit.
Mr. Goyke asked if the preliminary plat covers more than the
rezoning request? Mr. Wi�liams replied that it cavers a little different
area. We are trying to use the utilities that are already here.
Mrs. Propp expressed concern with the density. She stated that she
lives across from others like this and the s�reets are overloaded.
Mr. Goyke asked Mr. Williams if they have a time schedule to meet
on this? Mr. Williams replied that they do have someone ready to build
and that he wants to do it right away. This is all one plat and the
Building Inspector will not issue a permit for a building that is not on
a street. Mr. Goyke stated that he wants to make sure that he has a
clear picture of this.
Page 12
Plan Commission Minutes
Monday, April 12, 1976
Mrs. Propp asked �� the street is of�set a l�ttle from Leeward
Court East? Mr. Wi�liams rep��ed that �t is somewhat. •
Mr. M�11ex sfiated �hafi land cannot be sold that �s not on a street -
every new 10� crea�ed must front an a street.
Mr. Rice stated that th�s �and is a�� M-3 zoning now. We would like
to leave the M-3 zoning on the South end and rezone to R-4 on the North
end. M�s. Propp s�ated that she �s concerned that this property be
upgraded zn the b�st �ashion poss�ble. She asked what problems would
result with rezoning �he �est of the pl�t M-�? Mr. Wi�liams rep�ied
that Mr. Vercau�eren of Oshkosh Zndustr�al Developmenfi had contacted him
regard�ng someon� who des�res �ro�er�y with a razlroad siding such as
Kampo Warehouse. �e added that they wou�d be concerned as much as
anybody on what goes in there. There are a lot of sma�1 businesses that
need this zoning and want to be closex to the City. Heavy industry
can be attractive, he added. M�s. Fonsiad asked why, with a 100 foot
dep�h, they could n0� move the street 15 �eet to the North and have 100
feet on each side? Mr. W��liams replied that they cou�d not move ihe
street north because orie of the existing businesses needs that property
if fihey are going to continue their operation. They do have the
possibility of hav�ng a doctor's office on the 85 �oot lot. He stated
that they are trying to locate the streets as close to being straight as
possible.
Mr. Fiak mov�d to recommend approval of the zone change from M-3
Heavy Industrial to R,4 Multiple Dwelling. Motion secanded by Schneider.
Mr. Wa1t Lindemann, 5255 Tvy Lane, appeared before the Commission
and stated �hat he is in favor qf Mr. Will�am's proposal. He stated tha�
he felt it would make for continuity of appearance of the area and that
Mr. Wi��iam's record as a builder and developer in this community speaks
for itself as to whether he would use th�s land to the best use under R-4.
Mr. Lind�mann stated that he only had an aesthetic interest in the
property.
Dr. �lassingame stated that he thinks it is very wrong to potentially
put 550 peop�e in this area. He added that he thinks it shows a lack
of continuity. He stated that he is not sure that you want to put that
many people �n there wi�h youngsters, the railroad, and industry to the
North and South. In terms of current use and future use, I really don't
feel R-4 zoning should be in there. Mrs. Propp agreed that she d�d not
feel R-4 zoning should be in there. Mr. Schneider stated that he felt
thzs area is one that can use R-4. You have Bowen or Harrison Streets
for traffic carriers. I don't know anyplace in the City except maybe
along Koeller Rpad where this would be better suited. He concluded that
he th�nks this �s the �deal spot for R-4 zoning. Dr. Blassingame stated
that if �his were the only R-4 density in there, he would agree. He
just wondered how much�.high density an area like this can stand. Mrs.
Propp stated that she �e�t there would be just too many peop�e in this
area. Nicolefi-Anchorage is a beautiful development and I don't want to
detract f�om that. Mr. Williams xepl�ed that that isn't the intent�on.
We have spent over $2,000 to have this analyzed to see what could be
done with it. We feel this is the bes� land use for this.
Mrs. Fonstad asked Mr. W�l�iams why he is not also including the
�est of the plat? Mr. �illiams replied that he could see no reason
Page 13
Plan Commissian M�nu�ss
Monday, April 12, �976
for developmsnt of the other st�ee� because of fihe cost.
Mr. Wendtland stated that he would question no� whether the zoning
is R-3 or R-4 but whether any residential zoning should be across
Bowen Street at a�l. It was recommended to be used for either commercial
or indust�ia� use and the request �s now to pu� in a small intrusion of
residential propert�es in�o what is primarily industr�al or commercial.
I don't ses R,3 0� R-4 as the issue, but whether it should be resident�al
at al�.
Mr. Fick sta�ed �hat he can read�ly see where this would be
campatible with the use �o the East and North. I can see prob�ems with
density. We do have people go�ng to the North and to the West of this
area to work and Z wou�d concur that improvement o� Bowen and the
sidewalks in this area should be don�. He added that he could see where
R-4 is easier to �ocate adjacen� to an M 2one than R-3. He add�d that he
could support the R-4 zoning �n all good consc�ence. Mr. Wendt�and
stat�d that all we wou�d be do�ng is transferring the problem.
Motion carried, 4-3, w�th �lassingame, Propp and Wendtland voting
agaznst the rezon�ng.
IV. pREL�MINARY P�ATS
A. Anchorage Fark Plat
Russell F. Williams, owner of the property described as:
That part of �ot 135 East of the Chicago and No�thwestern
Railroad right-of-way, West of Bowen Street and South of
Nicolet Avenue except the South 500 feet, Replat of Oakwood
Beach Plat, �5th Ward, City ot Oshkosh.
requests the Plan Commission to review the Preliminary Plat
of Anchorage Park.
Mr. Miller explained that the plat contains 20 lots with a gross
area of approximately 9.91 acres proposed to be platted with a zoning of
M-3 and R-4.
Mr. Williams explained that they came up with the plat due to the
ex�sting structures �hat are there. The lots are 130' x 108' and the
reason we came around to Lo� 20 with the plat is because of existing
utilities. He added that these are larger lots than necessary. Mr.
Rice added that the average lot size in residential is 14,000 square feet.
Mr. Schneider suggested that the corners be curved on the elbow of
Leeward Court West.
Page 14
Plan Commiss�on Minutes
Monday, Apri1 �2, 1976
Mr. Schneider moved for approval of the preliminary plat subject •
to the submzssion of a drainage and grading p�an to the Department of ���
Pub�ic Works and cerfi ified by the City Engyneer. Motion seconded by
Fick.
Mr. Fick asked why on�y a 6 foot easement on the rear lot line on
the West was made. Aren't platting requirements 10 teet? Mr. Wil��ams
and Mr. R�ce stated that they had no objection to �he 10 foot easemenfi.
Mr. Will�ams s�at�d that they would be wi�I�ng to put the radius in
the street and a 12 foot easemen�.
Mr. Wendtland stated that, as shown, Lots 14-19 have access direct�y
onto Bowen S�r�et--do you have any ideas on how the access poin�s wil� be
loca�ed? Mr. W��liams stated they would probably have 2 points of access.
Mrs. Propp asked about �he suggested letterxng to the P�at that
"Direct vehicular access to Bow�n Streefi from Lots 1, �6, 17, and 19
abutting said road is prohib�ted." Mr. Schneider stated that he would
not accept an amendment to h�s motion on the letfiering additian to the
plat. Mr. Schneider stated th�� you are talking about a plat and you
are restricting the deve�oper to where he can go onto the stree�. Every
property owner has the r�ght to access to the street. I� you don't
approve of the plat as �s, you should vo�e aga�nst it. Mr. Mi��er stated
that he fe�t this definitely �hould be inc�uded on the p�at. Bowen
Street carries heavy volumes �nd the more poin�s you have, the mor�
conflict you w�1� have.
Mr. W����am� stated that one reason �hat he wou�d be somewhat
hes�tant about agree�ng to th�s is if you have � street where Gars enter
it aomei�mes improves traffic flow so you can push the snow where you
are at a dead�end. He added that he would prefe� that the fewer the
rest�iciions on the p1a�, the better. He added that he had not seen
that �estric�ion be�ore. Mr. Schneider stated that you dq reduce the
points of conf�ict, bu� not the number of times of conflict.
Motion carried, 7-0.
8. Fifth Subd�v�sion of Lakev�ew Park
D�. Lou�s G�abe�, owner of the property described as:
Part of Lot 31, B�ock 5, Lakeview Park AdditiQn, �3th Ward,
City pf Oshkosh
�equests the Plan Commission to review the Preliminary Plat
of the Fifth Subdivision of Lakeview Park.
Mr. Williams stated that he would be representing Dr. Graber on
this plat and because of the lateness of the meeting, he could wai� for
the Commission's review of the plat until the next meeting.
Page 15
Plan Commiss�on Minutes
Monday, April 12, 1976
C. Linwood Preliminary Plat
James H. Zucker, owner of the property described as:
A tract of �and in thE NE/SE Section 11, T18N, R16E, 12th Ward,
City of Oshkosh, Winnebago County, Wisconsin containing 4.224
acres and being described by: Commencing at the East 1/4
corner of said Section 11, thencs West 629.77 feet; thence
South 622.05 feet to the intersect�on of the East line of
Wisconsin Avenue with the South line of West Smith Avenue and
the point of beginning; running thence S89°44'00" E, 275.00
feet along the South �ine of West Smith Avenue; thence
S.00o22r39" W, 668.33 feet to a point on the North line of West
Linwood Avenue; thence N89°58'12" W, 275.27 feet along the
North line of West Linwood Avenue to its intersection with the
East line of Wisconsin Street; thence N00°24'00" E, 669.47
feet along the East line of Wisconsin Street to the point of
beginning.
requests the Plan Commission to review the Preliminary Plat
of Linwood.
Mr. Miller explained that the land is zoned R-4 and there are 14
lots all exceeding the minimum requirements of the Subdivision Ordinance.
The property is bounded by Wisconsin Avenue, Smith Avenue and an
unimproved section of Linwood Avenue.
Mr. Jim Zucker, Milwaukee, appeared before the Commission and
explained that the bulk of the units to be four-plexes, possibly some
duplexes and possibly some six units. Dr. Blassingame stated that
there is the possibility of 50 units which could contain somewhere
between 150 and 200 people.
Mr. Zucker stated that he owns the apartments to the South of this
and he could take a check of it, but we don't tend to get a lot of
families in here. We are trying to be flexible on this. I would see
this more as four families. The area is zoned now for 90 some units.
This would cut it in half.
Mrs. Propp asked if the apartments to the South are zoned R-4? Mr.
Zucker replied that they are. There are two buildings with 20 units in
each on the block between Viola and Linwood.
No one appeared in objection. Motion by Schneider to approve
the plat subject to grading and drainage plans being certified by the
City Engineer, seconded by Fonstad. Motion carried, 6-0.
Page 16
Plan Commission Minutes
Monday, April 12, 1976
ADDENDUM ,
1. Lot Division
Evergreen Manor, owner of the property described below, requests
the Plan Commission to review a proposed lot division.
The West 160 feet of the East 220 feet of Lot 3, lying Northerly
of North Westfield Street, McMillen's Replat, 16th Ward, City of
Oshkosh.
Mr. Miller explained that the property is located along Westfield
Street and the owner; Evergreen Manor,;.has already sold the parcel, not
knowing that it fell under restr-ictions of the Subdi�vision Ordinance
that it be reviewed.and approved through the�lot division procedure'. , '
� . , �
Mr. Hibbard Engler appeared be�ore t�he'Commission to answer any �
questions. �
No one appeared in objection to the lot division.
Mr. Steinert moved to approve the lot division, seconded by
Schneider. Motion carried, 7-0.
OTHER BUSINESS
Mr. Goyke stated that he had received a number of phone calls
from people in the area of Oshkosh Avenue and Sawyer Street stating
that there were no "Walk" or "Don't Walk" signs at the intersection.
He stated that there are a number of older people in this area and
some youngsters and that this should be investigated.
Respectfully submitted,
ROLAND MILLER, Acting Director
Department of Community Development
sgs
ATTACHMENT #1
April 12, 1976
From: Neighboring Residents of Mercy 1�ledical Center
Re : Mercy PZedical Center Parlcin} Lot .O�dinance P,equest :
To: City of Oshkosh Plan Comm�ssion
Dear Commissioners:
You are aware of the req_uest by Plercy Medical Center for parking lot
ordinance chan�es. In the past several weeks a number of the residential
property owners surrounding the hospital have voiced concerns about what
is and would be happenina to the residential character of the neighbor-
hood.
Through the efforts of i�r. Roland Miller and the cooperation of Mercy
I�edical Center, meetinps have taken place so that all parties have had
an opportunity ta express their thoughts and feelings on the matter
before you. We are pleased that through these meetings, agreement has
been reached to the satisfacfion of all parties involved. This, to us,
is most grafiifying.
The amended ord�nanc� praposal that is being presented today for your
consideration is endorsed by us and we encourage its adoption.
Ule further wish to note that all matters pertaining to this situation
are most difficult to coiitrol by ordinance alone. Not all of our con-
cerns could be spelled out in the proposal being presenfied. ule are
counting on mutual trust and verbal assurances to continue in the fine
spirit being demonstrated at this time.
The most apparent concerns that remain are:
l. There is a difference in maintaining communication with a
corporation, coMpared with an individual property owner in a
residential neighborhood. Corporate positions can be filled
by,different individuals, and as individuals come and �o, too
often, verbal agreements can be forgotten.
-2-
2. With the concentration of automobiles that these parking
facilit�es will provide in a residential neighborhood, we will
be living wzth much greater traffic on our streets than a home
owner would prefer. Therefore, we would look to the hospital
and the City of Oshkosh to cooperate in making the situation
as inoffensive as possible.
This would include:
a. Keeping the majority of the traf�ic away from the ad-
joining res�dential property b_y having entrances and
exits to parking lots on streefis which are bordered on
both sides by hospital owned property. Specifically,
these would be Oak Street and Cleveland Avenue, thus
avo�ding entrances and exits on Grove Street. As
vehicles enter and exit from parking lots there is
always the danger of not seeing children present who
live across the stree�.
b. Because there are times when the majority of hospital
employ�es are coming to or leaving work, as well as
shift changes during the day, and the hospital has no
control over the driving habits of its employees:
there�ore, we would apprciate having the hospital re-
quest that the Oshkosh Police Department have a patrol
car present in the area at those times.
3. In the past and at present there are vehicles (a house trailer,
bus, camper and the like) parked or stored for prolonged periods
of time on hospital lots. These are an eyesore and we would
like assurance that this practice would not continue.
.
-3-
4. Fr�quently, the procedure has been that sncw remov��l on the
. parking lots be done between the haurs of 11:OO.p.m. and
5:00 a.m. We do recognize that this is the most convenient
time possible. We also make note �hat the noise from snow-
removal equipment is considerable.
5. As an accomoda'tion to the surrounding neighborhood we trust
that Mercy Medical Center wi�1 fulfill the verbal agreement
made by Mr. George Thomas on beho�lf of the hospital to preserve
the existing deciduous trees on hospital property to the great-
est extent pos�ible. Whatever can be done to enhance and re-
tain the beauty of the neighborhood, whi].e providing the
needed parking fac,i.iities will be gr.;eatly appreciated.
[ve ex-tend our gra.titude to ali. c�ncerned in bringing aDOUt an amiable
resolution to �the qu�stion be�cre you. Air. Roland Miller, Acting
Director of fihe Depar��ment of Com.rliunity Developemenfi, has been
es�ecially help�ul :;_n this entire process.
Res;,sct��'�illy submitted,
{�"G'-�.t.� Vl. -
Doris A. Schultz
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