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HomeMy WebLinkAboutMinutes Plan Commission Minutes 1 December 5, 2006 PLAN COMMISSION MINUTES DECEMBER 5, 2006 PRESENT: David Borsuk, Kathy Propp, Cathy Scherer, John Weinsheim, Thomas Fojtik, Jeff Thorkildsen, Shirley Mattox, EXCUSED: Steven Gehling, Ed Corpus, Ed Bowen, Jon Dell’Antonia STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Steve Gohde, Assistant Director of Public Works; Deborah Foland, Recording Secretary Vice-Chairman Scherer called the meeting to order at 4:00 pm. The minutes of November 7, 2006 were approved as presented. I.A. PRIVILEGE IN STREET AND GRANT EASEMENT FOR TELECOMMUNICATION FACILITIES LOCATED AT 2551 WAUKAU AVENUE A privilege in street and grant easement request for the installation of telecommunication facilities including underground cable and above ground telecommunication cabinets (2) at 2551 Waukau Avenue. Ms. Mattox questioned the size of the site and if there were any other potential uses for the property? Mr. Burich responded that the subject site was approximately 93 by 50 by 77 feet and that with its small size surrounded on all sides by right-of-way there really were no other economic uses for the property. Ms. Scherer inquired if AT&T was replacing the existing structure or adding on to it? Mr. Burich replied that due to the increased residential growth in this area that AT&T found it necessary to add on to their existing facilities by placing additional cabinets on site. Ms. Mattox inquired if the existing landscaping would be an adequate buffer as this is a very visible site? Mr. Burich responded that the current landscaping would not be sufficient and additional landscaping as a visual buffer of the structures and cabinets was included as a condition for the approval of this item. Motion by Borsuk to move approval of the consent agenda with conditions as follows: 1) Any items to be installed underground or placed on site 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 all items to 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 placement of the items 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 items. 5) The items be modified or removed immediately upon the request of the City. Plan Commission Minutes 2 December 5, 2006 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) No equipment that is to be used for video services can be installed and that no video can be offered under the City’s cable television ordinance without AT&T first entering into a franchise agreement or similar agreement with the City of Oshkosh. 10) Additional landscaping be installed to act as a visual buffer of the masonry structure and above ground cabinets per the Department of Community Development. Development. Seconded by Thorkildsen. Motion carried 7-0. II. ACQUISITION OF LAND ENCOMPASSING THREE PARCELS LOCATED AT 422 BALDWIN AVENUE AND 423 EAST NEW YORK AVENUE The City of Oshkosh Department of Public Works is requesting authorization to acquire properties generally located to the west of the Fox Valley & Western railroad tracks in the 1000 block of Broad Street, between E. New York Avenue on the north and Baldwin Avenue on the south. The purpose of the acquisition is to obtain land for a storm water detention basin to alleviate flooding problems in the area. There was no discussion on this item. Motion by Thorkildsen to approve the acquisition of land for a storm water detention basin. Seconded by Borsuk. Carried 7-0. III. FINAL PLAT-LEINWEBER PLAT The petitioner is proposing a 17-lot final subdivision plat identified as the “Leinweber Plat”. In addition to the 17 buildable lots, one outlot has been included for detention purposes. Two public streets will be developed in association with this plat, plat, Tucker Trail and Eichstadt Road. Eichstadt Road is not included within the plat boundary but is required to be developed to access Tucker Trail. Mr. Weinsheim inquired if the home on Vinland Street next to the subject site would remain there? Mr. Burich responded that the home would remain there presently, however, there may be a need to acquire the property at a later date when Tucker Trail is constructed which will go through the house to Vinland Street in the future. Ms. Mattox questioned who would own the easements shown on Lot 16 and 17? She also inquired how wide the future Tucker Trail would be? Mr. Burich replied that the property owners would have title to the easements and that the easement for Tucker Trail would be 60 feet wide which is the standard width for a residential street. Mr. Thorkildsen asked what the plans were for the land to the south of outlet 1 that is designated for retention purposes? He also inquired as to what direction the water would flow? Mr. Burich responded that industrial use was planned for the area south of outlot 1. Plan Commission Minutes 3 December 5, 2006 Steve Gohde, Assistant Director of Public Works, replied that the water flow was planned to go from Eichstadt Road to the east toward Jackson Street. Ms. Scherer inquired if industrial use was appropriate so close to residential homes and if there would be a landscaping buffer required between these areas? Mr. Burich replied that lands to the south are zoned M-3 which would probably not see much heavy manufacturing use and that there is a 50 foot setback requirement for industrial sites. Mr. Buck added that dense landscaping would be required as a buffer between the two sites. Elizabeth Sawicki, 3298 Vinland Street, questioned if the 20-foot drainage easement shown on the plat map would be partially located on her property. Mr. Gohde responded that the drainage easement would be entirely on the Leinweber Plat property. Ms. Mattox inquired about the marketing demographics for the lots? Tim Rusch, Post Office Box 423, Omro, replied that the condominiums would be marketed at $150,000 to $170,000. Mr. Borsuk questioned if the developers would be installing a buffer on the south side of the property? Mr. Rusch responded that there will be landscaping on the plat to serve as a buffer as part of the condominium development. Ms. Scherer inquired what the timeline on the development would be and if they would be planting trees along the road as part of the project? Mr. Rusch replied that they were presently planning on May or June of 2007 and that the planting of trees along the road would be up to the owners after the road is completed. Motion by Weinsheim to approve the final subdivision plat identified as the “Leinweber Plat” with the following conditions: 1) The developer’s agreement must include provisions for maintenance of Outlot 1 or may be provided as a note on the final plat. 2) Drainage easements to be obtained from the adjacent property owner(s) prior to final plat approval. 3) The following changes must be made on the final plat: a) Add note “All private easements easements are subordinate to public or City of Oshkosh easements.” b) Remove note indicating that Outlot 1 of CSM 5737 is reserved for future right-of-way. c) All drainage easement labels shall be modified to include the words “public drainage”. d) Extend drainage easement in the northeast corner of the plat 10 feet beyond the proposed sewer. e) The 12’ foot wide utility easement shall be labeled as “private utility easement”. f) Outlot 1 shall be identified with a storm sewer and public drainage easement over the entire outlot. g) Add note to the plat as follows “No improvements are allowed within the areas reserved for public utility drainage easements. Improvements include, but are not limited to, building structures, driveways, parking areas, sheds, landscaping or fences. Any improvements shall be allowed only by special exception of the Board of Public Works. Plan Commission Minutes 4 December 5, 2006 h) Add note stating “Public easements are dedicated to the City of Oshkosh”. 4) Street right-of-way shall be officially mapped to Vinland Road prior to final plat approval. Seconded by Thorkildsen. Carried 7-0. IV. OFFICIALLY MAP RIGHT-OF-WAY “TUCKER TRAIL” Officially map a 60-foot wide segment of land as future right-of-way. The proposed map segment is approximately 215 feet in length and will intersect with Vinland Road on the west and Tucker Trail in the Leinweber Plat to the east. There was no discussion on this item. Motion by Borsuk to approve the official mapping of right-of-way for “Tucker Trail”. Seconded by Weinsheim. Carried 7-0. There being no further business, the meeting adjourned at approximately 4:32 pm. Respectfully submitted, Darryn Burich Director of Planning Services