HomeMy WebLinkAbout03-393
SEPTEMBER 23, 2003
03-393
RESOLUTION
(CARRIED 7-0
LOST
LAID OVER
WITHDRAWN
PURPOSE:
AMEND CONDITIONAL USE PERMIT; APPROVE REVISED
PLANNED DEVELOPMENT; GRANT PRIVILEGE IN STREET /
30 WISCONSIN STREET
INITIATED BY:
D&F INVESTMENT, OWNER/PETITIONER
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, the Common Council previously granted a conditional use permit, as
amended, for a planned commercial development on Wisconsin St. within the Marion
Road/Pearl Avenue Redevelopment Project Area for construction of a multi-tenant
commercial building and separate restaurant building; and
WHEREAS, the petitioner desires to amend the development plan by
constructing a parking lot on the south end of the site within the former Marion Road
right-of-way; and
WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege
in a right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the petitioner is hereby granted the privilege of constructing a parking lot
within the former Marion Road right-of-way adjacent to 30 Wisconsin Street with
conditions as noted below.
BE IT FURTHER RESOLVED that the planned commercial development on
Wisconsin St. is hereby amended to permit construction of a parking lot on the south
end of the site adjacent to 30 Wisconsin Street, per the attached, with the following
conditions:
1) A revised landscape plan be submitted to, and approved by, the Department of
Community Development prior to any parking improvements being constructed in the
privilege area. A financial security is to be provided to the City based on the estimated
landscaping costs. Form of the financial security is to be determined by the Dept. of
Community Development and to be provided prior to parking use in the privilege in
street area.
SEPTEMBER 23, 2003
03-393
RESOLUTION
CONT'D
2) A lighting plan be submitted to, and approved by, the Dept. of Community
Development prior to any parking improvements being constructed in the privilege area.
Lighting to be installed no later than 3 months following substantial completion of the
parking lot improvements.
3) The final width and location of the proposed public pathway is to be determined
and approved by the Dept. of Community Development. Petitioner shall assume costs
for path construction and shall provide the City with a financial security based on the
estimated costs from the approved plan. Form of the financial security is to be
determined by the Dept. of Community Development and to be provided prior to parking
use in the privilege in street area.
4) The parking lot perimeter is to be curbed with curb design to be approved by the
Dept. of Community Development.
5) A revised stormwater plan be submitted to, and approved by, the Dept. of Public
Works prior to parking improvements being constructed.
6) All utilities to be placed in the right-of-way are to be approved by the Dept. of
Public Works.
7) If no longer needed any utilities placed in the right-of-way are to be properly
abandoned and removed in accordance with City standards and under the direction of
the Dept. of Public Works.
8) Any problem which may arise from improvements made in the right-of-way shall
be the responsibility of the petitioner/owner to correct in coordination with the Dept. of
Public Works.
9) The improvements be modified or removed immediately upon the request of the
City.
10) The petitioner/owner secures and submits to the City Clerk a separate insurance
policy which names the City as an additional insured with a minimum coverage of
$200,000 per person and $500,000 in general aggregate.
11) It is the responsibility of the petitioner/owner to file in a timely manner a new
insurance certificate with the City Clerk upon expiration of an existing certificate. Failure
to do so will result in the revocation of the privilege in street within ten (10) days of
expiration.
12) The petitioner/owner execute a hold harmless agreement with the City.
13) Petitioner shall topsoil and seed with grass the remaining right-of-way area
between paved Marion Road and Wisconsin Street and maintain said area. Petitioner is
to provide a grading plan for the area subject to review and approval by the Dept. of
Public Works. Area is to be seeded no later than November 1, 2003.
14) Subject to approval by any or all other State and Federal authorities in
association with the Wisconsin Street bridge reconstruction project.
BE IT FURTHER RESOLVED that the Common Council of the City of Oshkosh
hereby approves of the Planned District Overlay and final development plan per the
attached plan.
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