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Home My WebLink About08-398OCTOBER 28, 2008 08 -398 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF REVISED CONDITIONAL USE PERMIT; PLANNED DEVELOPMENT FOR A NEW DRIVEWAY OFF PEARL AVENUE AT RADFORD SQUARE, 30 -90 WISCONSIN STREET INITIATED BY: D &F INVESTMENTS, OWNER PLAN COMMISSION RECOMMENDATION: Approved w /conditions WHEREAS, the Common Council previously approved a conditional use permit for the planned development of a commercial strip center; and WHEREAS, due to construction of the new Wisconsin Street bridge, the owner desires to amend the development plan to construct a new driveway off Pearl Avenue and permit both ingress and egress from the existing Wisconsin Street driveway. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that an amended planned development at 30 -90 Wisconsin Street to construct a new driveway off Pearl Avenue and permit both ingress and egress from the existing Wisconsin Street driveway, per the attached, is hereby approved, with the following conditions: 1) Replacement of pedestrian walkway to the development to be approved by the Dept. of Community Development. 2) Widen driveway along Wisconsin St. to a minimum of 24 feet. I � W ( W ct ^ v 11 z z 0 u P Urll('IP�Y SITE Fl—^N �eoAz 1 A �� 1 �1� v� Q0 �f CORNER OSHKOSH, WISCOMSIN 54209 PEARL STRE SHAM rM SMMNX !t NEW pp Fe lAY TD BE 4. AMR1.0F 120` FROM �► RiGHf OF WAY ON WMCDNMM STREET. Q 0 z 0 Q �o O � N 0 v A O 0. z 0 z W tu m w i Q w Q U O w } u I w w w Q U 0 4 4 O w z z z a � O � ■ a o� 'G L. TO: Honorable Mayor and Members of the Common Council FROM: Jackson Ki y ��___- Director of Com unity Development DATE: October 23, 2008 RE: Approval of Revised Conditional Use Permit; Amend Planned Development for a new Driveway off Pearl Avenue at Radford Square, 30 -90 Wisconsin St. BACKGROUND Dennis Schwab/D &F Investments, owner, is requesting an amendment to a previously approved planned development to construct a new driveway to permit right in, right out access to Radford Square from Pearl Avenue. The 2.9 -acre subject property is located in the Marion Road/Pearl Avenue Redevelopment Area and contains two structures, a 20,000 square foot commercial strip center structure with six units and a separate restaurant building. ANALYSIS The applicant is requesting to add a driveway to provide a more direct access to the development in an area that is currently a designated pedestrian access to the site from Pearl Avenue. A replacement pedestrian access is recommended in conjunction with the new driveway construction. Additionally, the petitioner is requesting to change the existing driveway to Wisconsin Street to both an entrance and exit access due to the placement of the median in the street. Staff is recommending both requests. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved this request at its October 21, 2008 meeting with the following conditions: 1) Replacement of pedestrian walkway to the development to be approved by the Department of Community Development. 2) Widen driveway along Wisconsin Street to a minimum of 24 feet. Approved, City Manager ITEM: CONDITIONAL USE PERMIT /DEVELOPMENT PLAN MODIFICATION AND ACCESS CONTROL VARIANCE TO CONSTRUCT A NEW DRIVEWAY TO PEARL AVENUE AT 50 WISCONSIN STREET (RADFOR SQUARE Plan Commission meeting of October 21, 2008. GENERAL INFORMATION Applicant: Dennis Schwab Property Owner: D &F Investments of Oshkosh, LLP Action(s) Requested: CUP/PD Approval: Construct a new driveway to permit right in, right out access to Radford Square from Pearl Avenue. The proposed driveway will create a visual clearance issue with the existing ground sign and the applicant is proposing to relocate the sign to the west out of the vision triangle for the driveway. Additionally, the existing Wisconsin Avenue driveway is proposed to change from exit only to an exit and entrance. Access Control Variance: The applicant is requesting an access control variance to permit an additional driveway to service the site where only two are currently permitted. The proposed new driveway will access Pearl Avenue. The site currently contains 4 driveways. Applicable Ordinance Provisions: Criteria used for Conditional Use Permits are located in Section 30 -11 (D) of the Zoning Ordinance. Planned Development Overlay District standards are located in Section 30 -33 (E) of the Zoning Ordinance. Access Control provisions are found in Section 25 -104.1 of the Municipal Code. Property Location and Background Information: The 2.9 -acre subject property is located in the Marion Road/Pearl Avenue Redevelopment Area and was the first commercial redevelopment to occur in the district. The subject property contains two structures, a 20,000 square foot commercial strip center structure with six units and a separate restaurant building. Wisdot is completing the Wisconsin Street Bridge reconstruction project that included installation of a median in Wisconsin Street across from Radford's entrance that makes that entrance a right in, right out, access. Subiect Site Commercial/Retail (Radford Square) I C -3PD Adjacent Land Use and Zoning ANALYSIS The applicant is requesting to add a driveway to allow right in, right out access to Radford Square from Pearl Avenue to provide a more direct access to the site for southbound traffic from Wisconsin Street or for eastbound traffic from Pearl Avenue. Currently this traffic has to access the site via a driveway from Marion Road which is somewhat less convenient to use and the proposed driveway provides a more direct access to the development. The proposed driveway is far enough away from the signalized intersection that it complies with the setback provisions. The proposed driveway access is being constructed in an area that is currently a designated pedestrian access to the site and a condition is recommended that a replacement pedestrian access be constructed in conjunction with the driveway. Additionally, as the proposed driveway is creating parking spaces at the entrance, the new parking regulations require installation of landscape islands on both sides of the driveway coming into the development. The driveway to Wisconsin Street was approved as an exit only driveway and the petitioner is proposing that it now be used as both an entrance and an exit due to the placement of the median in street. Staff doesn't have an issue with this request with the exception that the current driveway is too narrow for two way traffic and will have to be widened to a minimum of 24 feet to accommodate two lanes of traffic. The applicant is also proposing to relocate the existing ground sign currently located near the proposed driveway to keep it out of the vision triangle. Staff doesn't have an issue with the sign's placement that meets the setback requirements. RECOMMENDATION /CONDITIONS The Department of Community Development recommends the CUP/PD request and access control variance be approved with the following conditions: 1) Installation of landscape islands along both sides of the proposed driveway. 2) Replacement of pedestrian walkway to the development to be approved by the Department of Community Development. 3) Widen driveway along Wisconsin Street to a minimum of 24 feet. Item- Radford Square driveway CUP and Access Control Variance w North Commercial/Retail (commercial strip center) C -3PD South Industrial (Mercury Marine) M -2 East Residential (Multifamily)/Radford Village C -3PD Mixed Use (Commercial /Industrial) and M -2 West Institutional (Carl Steiger Park) ANALYSIS The applicant is requesting to add a driveway to allow right in, right out access to Radford Square from Pearl Avenue to provide a more direct access to the site for southbound traffic from Wisconsin Street or for eastbound traffic from Pearl Avenue. Currently this traffic has to access the site via a driveway from Marion Road which is somewhat less convenient to use and the proposed driveway provides a more direct access to the development. The proposed driveway is far enough away from the signalized intersection that it complies with the setback provisions. The proposed driveway access is being constructed in an area that is currently a designated pedestrian access to the site and a condition is recommended that a replacement pedestrian access be constructed in conjunction with the driveway. Additionally, as the proposed driveway is creating parking spaces at the entrance, the new parking regulations require installation of landscape islands on both sides of the driveway coming into the development. The driveway to Wisconsin Street was approved as an exit only driveway and the petitioner is proposing that it now be used as both an entrance and an exit due to the placement of the median in street. Staff doesn't have an issue with this request with the exception that the current driveway is too narrow for two way traffic and will have to be widened to a minimum of 24 feet to accommodate two lanes of traffic. The applicant is also proposing to relocate the existing ground sign currently located near the proposed driveway to keep it out of the vision triangle. Staff doesn't have an issue with the sign's placement that meets the setback requirements. RECOMMENDATION /CONDITIONS The Department of Community Development recommends the CUP/PD request and access control variance be approved with the following conditions: 1) Installation of landscape islands along both sides of the proposed driveway. 2) Replacement of pedestrian walkway to the development to be approved by the Department of Community Development. 3) Widen driveway along Wisconsin Street to a minimum of 24 feet. Item- Radford Square driveway CUP and Access Control Variance The Plan Commission approved of the CUP/PD request and access control variance as requested with revised conditions. The following is the Plan Commission's discussion on this item. Mr. Burich presented the request and stated that he had discussed the pedestrian access with the petitioner who has proposed to incorporate the walkway with the driveway access. Copies of the site plan were distributed to the commissioners with this change; condition #I requiring landscape islands on both sides of the proposed driveway would be eliminated. Dennis Schwab, 601 Oregon Street, petitioner for the request, stated he was present for any questions regarding this request. Steve Gohde, Assistant Director of Public Works, stated that the Department of Public Works and the Department of Transportation had some concerns with the Wisconsin Street entrance. He stated that now that the road has been reconstructed, it will be four lanes with no extra lane to accommodate movements into a driveway which could pose safety issues. They are recommending that the Wisconsin Street entrance be removed. Commission members discussed the speed limit on Wisconsin Street and determined that it is 25 mph and the proximity to the bridge is no closer than other drive accesses in the city. Mr. Schwab stated that the traffic is only going north on his side of Wisconsin Street and that the access is already very limited to this site. To close this driveway would have a negative impact on the development. Motion by Mattox to approve the conditional use permit /development plan modification and access control variance to construct a new driveway to Pearl Avenue at SO Wisconsin Street as requested with the following conditions: 1) Replacement of pedestrian walkway to the development to be approved by the Department of Community Development. 2) Widen driveway along Wisconsin Street to a minimum of 24 feet. Seconded by Scheuermann. Motion carried 7 -0. Item- Radford Square driveway CUP and Access Control Variance OfHKO.fH ON THE WATER APPLICANT INFORMATION Petitioner: Dennis E. Schwab City of Oshkosh Application Conditional Use Permit * *PLEASE TYPE OR PRINT USING BLACK INK ** SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 PHONE: (920) 236 -5059 Date: 9 -26 -0 8 Petitioner's Address: 601 Oregon Street, Suite $ City: Oshkosh State: WI Zip: 54902 Telephone #: (920 ) 233 -4184 Fax: ( 920) 233 -7363 Other Contact # or Email: dschwab @realtor . com Status of Petitioner (Please Check): X Petitioner's Signature (required): Representative 0 Tenant 0 Prospective Buyer Date: 9 -26 -08 OWNER INFORMATION Owner(s): D &F Investments of Oshkosh LLP Owner(s) Address: 601 Oregon Street, Suite B City: Telephone #: (920) 233 - 4184 Fax: (920 ) 233 - 7363 Ownership Status (Please Check): 0 Individual 0 Trust IN Partnership 0 Corporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and /or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Plannin ices Division for incomplete submissions or other administrative reasons. 9 - 08 Property Owner's Signature: .�...� Date: SITE INFORMATION Address/Location of Proposed Project: 30, 40, 50, 60, 70, 80, 90 Wisconsin Street Proposed Project Type: Parking Lot Entrance Current Use of Property: Parking Lot Zoning: C -3PD Land Uses Surrounding Your Site: North: Commercial Strip Center South: Mercury Industrial East: R - 5 Multi— Family University Housing West: University Parkin Lot * *Please note that a meeting notice will be mailed to all abutting property owners regarding your request. ➢ Application fees are due at time of submittal Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE For more information please the City's website at www.ci.oshkosh.wi.us/ Community_ Development /Planning.htm 'b Staffs :i Date Rec'd Date: 9 -26 -08 Oshkosh State Zip: 54902 Other Contact # or Email d schwab @realtor. com Briefly explain how the proposed conditional use will not have a negative effect on the issues below. 1. Health, safety, and general welfare of occupants of surrounding lands. No affect from current use. 2. Pedestrian and vehicular circulation and safety. Easier access into Radford Square from Wisconsin Street to south and Pearl Avenue to north. 3. Noise, air, water, or other forms of environmental pollution. No affect. 4. The demand for and availability of public services and No affect. 5. Character and future development of the area. Not affected. SUBMITTAL REQUIREMENTS — Must accompany the application to be complete. ➢ A narrative of the proposed conditional use and project including: ❑ Proposed use of the property • Existing use of the property • Identification of structures on the property and discussion of their relation to the project ❑ Projected number of residents, employees, and/or daily customers ❑ Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one - hundredth of an acre ❑ Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. ❑ Surrounding land uses • Compatibility of the proposed use with adjacent and other properties in the area. • Traffic generation • Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties ➢ A complete site plan including: ❑ Two (2) full size (24" x 36 ") scaled and dimensioned prints .of site plan and building elevations El Two (2) 8' /x" x 11 (minimum) to 11" x 1T' (maximum) reduction of the building elevations and site plan ❑ One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style table file (if plans have been prepared digitally) El Title block that provides all contact information for the petitioner and /or owner, if different • Full name and contact information of petitioner's engineers /surveyors /architects, or other design professionals used in the plan preparation • The date of the original plan and latest date of revision to the plan • A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1 " =60') unless otherwise approved by the Department of Community Development prior to submittal • All property lines and existing and proposed right -of -way lines with bearings and dimensions clearly labeled ❑ All required building setback and offset lines ❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, walls ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for construction ❑ Location and dimension of all on -site parking (and off -site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30 -36 City of Oshkosh Zoning Ordinance ❑ Location and dimension of all loading and service areas on the subject property ❑ Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan ❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators 4. PEARL STRE CM: � �REOONSw1cT F�+1RN+o =e+� � w, TM t NEW ORI MAY 10 BE A MM. OF 120' FROM RIGHrOF WAYON WMOONWN Si EM �U Cr E Z O U a H F tt MT� tt F FFfU 11H^9Y SITE Ft j Z Z —. `•' \ u _ ^� 1n 8ouilt/uusON wvO�ur CORNER OF WISCONSIN & PEARL STREETS /`V`/" s� a Y• t � OSHKOSH WISCONSIN 54209 °R�+Eaxiaume� Fwxfxi�aera Q Z O IL Z O z LLI w m a uu 0 z O uj H 'Q LU 9 a u w ' l �n Y ?�n vu nn n 61� W N U w F- J U � U w W ` Z z � a z w o � U w ' l �n Y ?�n vu nn n 61� RADFORD SQUARE Oshkosh, Wl 9/26/08 Attached please find a Preliminary Site Plan for real estate known as Radford Square located at the corner of Wisconsin Street and Pearl Avenue. We are proposing that an entrance be created on the north end of the current Radford Square parking lot so that traffic going east on Pearl Avenue will have better access and not have to travel to the back of the buildings and enter on Marion Road. Traffic will only be entering and exiting going east as the boulevard will prohibit traffic going west; there will be no left hand turns as there is a boulevard. All traffic will turn right to enter the parking lot and turn right to exit onto Pearl Avenue. The entrance on Pearl Avenue will be a minimum of 120' from the intersection of Wisconsin Street and Pearl Avenue and should not create any traffic congestion. The only ingress from Wisconsin Street will be right hand turns from traffic traveling north. Egress onto Wisconsin Street will also only be right hand turns as the median strip will prevent left turns. This will not create any traffic back -up or congestion. The "Do Not Exit" sign on Wisconsin Street will be removed allowing traffic to enter the site without having to go to the backside and entering on Marion Road. The above would allow for easier access to the businesses at Radford Square with no congestion and smooth traffic flow. CUP- RADFORD SQR DRIVEWAY BOARD OF REGENTS UWO SYSTM CITY OF OSHKOSH 30 -90 WISCONSIN ST ATTN TOM SONNLEITNER PO BOX 1130 PC: 10 -21 -08 800 ALGOMA BLVD OSHKOSH WI 54903 1130 OSHKOSH WI 54901 8601 RE 135 WISCONSIN ST /PEARL AV LOT RE 19/35 WISCONSIN ST SAALSAA BROTHERS RE LLC D & F INVSTMTS OSHKOSH LLP MERCURY MARINE 7935 ALMOR DR 601 OREGON ST STE B 20 WISCONSIN ST VERONA WI 53593 8654 OSHKOSH WI 54902 5965 OSHKOSH WI 54901 3506 RE 110 WISCONSIN ST /540 PEARL AV RE 30 -90 WISCONSIN ST /500 MARION RD RE 505 MARION RD UW OSHKOSH CREDIT UNION CONCORD 20 LLC PENNAU MARC J /JENNIFER 90 WISCONSIN ST PO BOX 800 60 WISCONSIN ST OSHKOSH WI 54901 OSHKOSH WI 54903 0800 OSHKOSH WI 54901 RE 151 DAWES ST CITY OF OSHKOSH RDA PO BOX 1130 OSHKOSH WI 54903 1130 RE VACANT LOT MARION RD 7 v !I11I11"Illu &I r o A EM rL 9 �,rllill I�'�1111 14 "a v r nl■ rmul� +► l .•/..: :1111111 Ili 1111111 N.I p-7 C V'IIIE' '/J¢I 11� = �Ii.�iVAi I n a nr if fit JII% 1114n:,�a1111M P; 1 1 t sllit�li •II 1 111 II � ''� L•lluL�o - +IIt11�1� I I s {n111�11 =_ C 1} ' - 1/ 11q nun- �1� {�l l +_ it imglll A IlYlll ■:..m i1i11111011 1Nne al 1 n� m L r t Ni ty ��Ir■ 1•• - a Lll M 51 �'I! I 5f.. -r ■ �� ,"A :G1 als, fit :'.1 ,� 1i /� i IUt 111111 it,R�il� ••� +1t i ■ ��t�,1! +wig ' 11 fit fill i '' turrulir: ��;rrrirr,,l ;,, •rillttq . � m m�r!�r �l►ql illl�� 1;1111I�11�r �i " 111 All Ilr s SUBJECT SITE DISCLAIMER ADDITIONAL DRIVEWAY ACCESS This map Is neither a legally recorded map " or a survey and It Is not Intended to be used as one. 30 - 90 WISCONSIN ST N This drawing is a compilation of records, data Of HKO-f H and information located In various city, county ox THE wnp and state offices and other sources affecting the area shown and It Is to be used for reference City of Oshkosh purposes only. The City of Oshkosh Is not re- Department of sponsible for any Inaccuracies herein contained. If discrepencles are found, please contact the A Community Development City of Oshkosh. Scale: 1 " 150' 10113/08 Created by - dff 7U