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HomeMy WebLinkAboutMinutes Plan Commission Minutes 1 October 2, 2007 PLAN COMMISSION MINUTES OCTOBER 2, 2007 PRESENT: Ed Bowen, Thomas Fojtik, Paul Esslinger, Kathleen Propp, Cathy Scherer, Jeff Thorkildsen, Jon Dell’Antonia EXCUSED: David Borsuk, Meredith Scheuermann, Paul Lowry STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau, Associate Planner; Steve Gohde, Assistant Director of Public Works; Deborah Foland, Recording Secretary Chairperson Dell’Antonia called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of September 18, 2007 were approved as presented. (Scherer/Esslinger) I.A. PRIVILEGE IN THE STREET FOR INSTALLATION OF FIBER OPTIC CABLE ALONG THE EAST SIDE OF MINNESOTA STREET (FROM W. 23RD AVENUE TO 700 FEET NORTH) Meyer Services, Inc. and Oshkosh Truck Corp. are requesting to install fiber optic cable in city right-ofway connecting Oshkosh Truck’s operations located at 2307 Oregon Street with their leased space at Lake Aire Center. There was no discussion on this item. I.B. PARTIAL RIGHT-OF-WAY VACATION AND DISPOSITION OF VACATED RIGHTOF-WAY (ARTHUR AVENUE) The petitioners are proposing a partial right-of-way vacation involving the southerly five feet of Arthur Avenue from 22.5 feet east of N. Lark Street to 22.1 feet west of Hawk Street (approximately one block). The purpose of the vacation is to give relief to two property owners whose garages are located in close proximity of the newly constructed street. Dave Ehlke, 1036 N. Lark Street, questioned if there would be blacktop all the way up to the sidewalk. Mr. Nau responded no, not with the design of Arthur Avenue. Steve Gohde, Assistant Director of Public Works, added that the City is proposing to vacate that land area back to the property owner, but would not be replacing the asphalt. The property owner would need to obtain a permit to have this work done. He further stated that there was a storm sewer drain located there and possibly other utilities and the utility easement would have to be retained by the City and the Board of Public Works would have to grant approval for any improvements in that area. Plan Commission Minutes 2 October 2, 2007 Ms. Scherer asked if we should add a condition to the approval of this item to retain this easement. Mr. Gohde replied yes. Mr. Ehlke commented that he was under the impression that by the City vacating the land back to the owner, he would have use of the land, but with grass there it is of no use to him. He wanted the area to be asphalt so he could park there as he has done in the past. Mr. Burich responded that the issue of placing asphalt in that area for parking was a separate issue from the vacation request the board is voting on today. The Plan Commission would first need to approve the vacation of the public right-of-way to move forward with a request for a variance from the Board of Appeals, as well as discussions with Public Works for an encroachment agreement. The vacation needs to be approved first to move forward with the next steps in the process. I.C. APPROVE STREET NAME CHANGE FROM N. WASHBURN STREET TO ABRAHAM LANE The Department of Public Works is requesting approval for a street name change for a segment of street that intersects with STH 21 on the north and Washburn Street on the south. The proposed street segment used to be identified as N. Washburn Street but with the reconfiguration of Washburn Street to intersect with Westowne Avenue to the west, the subject street segment lost its name designation. There was no discussion on this item. I.D. ACCEPT SANITARY SEWER & WATER MAIN EASEMENT FOR PROPERTY LOCATED AT 3524 W. 20TH AVENUE The Department of Public Works is requesting sanitary sewer and water main easement acceptance for the installation of a sanitary interceptor and water main. Mr. Burich commented that this action would allow the Department of Public Works to approach the property owners to discuss this item. Common Council action would be delayed until the property owners are contacted. William Brayton, 3524 W. 20th Avenue, stated that he was the property owner and attended the meeting to find out what was going on, as he had not yet been contacted. Mr. Burich replied that City sanitary sewer and water was to be installed in this area and that Steve Gohde, Assistant Director of Public Works, could discuss this project in more detail with him. Mr. Brayton questioned what happens if they do not want this installation on their property. Mr. Burich responded that they would have to discuss the matter with the Department of Public Works and if they cannot come to an agreement regarding the easement, an option may be to proceed with the condemnation process. Plan Commission Minutes 3 October 2, 2007 I.E. ACCESS CONTROL VARIANCE FOR ADDITIONAL DRIVEWAYS TO WYLDEWOOD DRIVE The petitioner is requesting an access control variance to allow three additional driveways to Wyldewood Drive. Mr. Bowen inquired if the properties to the west of the subject site on Oakwood Road all had individual access drives. Mr. Nau responded yes. Motion by Fojtik to move approval of the consent agenda as requested with the following conditions to be placed on Item IA: 1) The fiber optic system be installed in a manner that is approved by the Department of Public Works with no modifications or changes in construction procedure without prior approval by the Department of Public Works. 2) If no longer needed, the fiber optic system be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3) Any problem that may arise as a result of the placement of the fiber optic system be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. 4) All appropriate permits be obtained prior to the start of placement of the fiber optic system. 5) The fiber optic system be modified or removed immediately upon the request of the City. 6) 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. 7) 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 notice. 8) The petitioner/owner execute a hold harmless agreement with the City. 9) The facility be part of and documented with Digger’s Hotline system. And the following condition to be placed on Item IB: 1) The City retains full utility easements within the vacated right-of-way. Seconded by Thorkildsen. Motion carried 7-0. II. CONDITIONAL USE PERMIT APPROVAL FOR THE ESTABLISHMENT OF A DAYCARE CENTER AT 1773 SOUTH WASHBURN STREET The applicant is requesting a conditional use permit to establish a new daycare center within an existing retail building in the C-2 General Commercial Zoning District and also located within the Highway 41 Corridor Overlay District. Mr. Buck presented the item and stated that he spoke with someone directly before the meeting who would provide further information on the shared drive situation noted in the staff report. Plan Commission Minutes 4 October 2, 2007 Ms. Scherer inquired if the future improvements to the site mentioned in the staff report would require additional review by the Plan Commission for approval. Mr. Buck responded that it would not since this item is a conditional use and is not a development plan approval. The zoning is appropriate for this use, but if there were issues or concerns relating to the use, they could be addressed with adding conditions to the approval of this request. Mr. Dell’Antonia asked if the shared drive with a residential and commercial use was a bit unusual. Mr. Buck replied that it was. Jeffrey Beck, 373 Overland Trail, realtor representing Marilyn Morrison, current owner of the property, distributed photos of the property at 1769 S. Washburn Street, and stated that there is an abandoned driveway in place for this property, but there is no legal driveway easement in place. Mr. Dell’Antonia asked if there would be an issue if the board required the shared driveway to be eliminated and a separate drive created to service the other property. Mr. Beck responded that the single-family home could have its own driveway if necessary. Mr. Burich added that the shared driveway under these circumstances was not a great concern. Mr. Esslinger asked if there would be any problem with the aviation zone and this site. Mr. Burich replied no that this location is north of the restricted area. Ms. Propp questioned if any building renovations would have to meet the Highway 41 Corridor Overlay District’s standards. Mr. Buck responded that per the Highway 41 Overlay regulations, if the renovations exceed 50% of the existing structure’s value, the petitioner would have to meet these conditions. Ms. Propp asked if the Highway 41 expansion project would affect this site. Mr. Burich replied that it should not be affected. Dean Akavickas, 3024 Sheldon Drive, stated that they would like to relocate their business from its current site on Ninth Avenue as the building at this location is restrictive to their business and they are currently renting the site. They feel that they could provide a better facility at this new location, however renovations are still in the planning stages. They would like to add on to the structure, but they will need to review state regulations since the guidelines limit what can be done. They could have possibly up to 120 children at the facility. Ms. Scherer inquired if they would be expanding the structure by 2000 square feet as suggested in their application submittal. Mr. Akavickas replied that was their plan and they would be working with state licensing authorities and the City for guidelines on this expansion. Ms. Scherer asked when the daycare center was planning on opening for business. Plan Commission Minutes 5 October 2, 2007 Mr. Akavickas responded that they were hoping to be open by this coming spring. Motion by Scherer to approve the conditional use permit for the establishment of a daycare center at 1773 S. Washburn Street as requested with the following conditions: 1. Access easement for the shared drive with the property to the north is provided. 2. Landscaping is provided on the south and west lot lines to act as a vegetative buffer between the residential uses and the daycare use. Seconded by Thorkildsen. Motion carried 7-0. III. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN AMENDMENT FOR AN OFFICE BUILDING EXPANSION AT 280 OHIO STREET The applicant is requesting a conditional use permit and development plan amendment to allow the construction of a 2,620 square foot office building addition to the Hannan Dentist/Olsen Chiropractic building and to add a 23-stall parking lot in the commercial office campus known as Bridgeview Centre. Ms. Scherer inquired how the petitioner arrived at the the 23 stalls for the parking lot and how it compares to the proposed new ordinance. Mr. Buck replied that at this stage its hard to say without knowing the exact usage on the inside of the building at full build out of the proposed building if the number of stalls is appropriate, however, staff is not concerned as there is potentially another building to be constructed on the site. Mr. Burich added that the only reduction that could be made in parking stalls would be to eliminate one row of stalls to the east but with the continuing development on the site he did not feel this was necessary. Adam Heindel, Excel Engineering, 100 Camelot Drive, Fond du Lac, stated that they did have plans for a future development for the remaining parcel on the site, which would also utilize the parking area. Mr. Bowen inquired if the area on the site plan where the building comes to a point, so to speak, would be the location of the skylight curtain glass “cube” shown on the elevation maps. Mr. Heindel responded yes. Mr. Bowen also asked about the two triangular areas surrounding the new addition, if they would be greenspace or concrete. Mr. Heindel replied that it would be greenspace. Ms. Propp asked if there would be landscape islands in the parking lot. Mr. Burich responded that they would not be required as the parking rows are not long enough, but they do have landscape islands at the entrances. Mr. Buck added that the proposed parking ordinance dictates a 20-stall stretch in a row to require the insertion of a landscape island. Plan Commission Minutes 6 October 2, 2007 Motion by Thorkildsen to approve the conditional use permit/development plan amendment for an office building expansion at 280 Ohio Street as requested with the following conditions: 1) Approval of a cross parking access agreement with the property to the north. 2) Plans relating to grading, stormwater and drainage be reviewed and approved by the Department of Public Works. Seconded by Esslinger. Motion carried 7-0. There being no further business, the meeting adjourned at approximately 4:50 pm. (Scherer/Esslinger) Respectfully submitted, Darryn Burich Director of Planning Services