Loading...
HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES OCTOBER 7, 2003 PRESENT: David Borsuk, Jon Dell’Antonia, Shirley Mattox, Kathleen Propp, Cathy Scherer, and Lee Bettes, Chairman EXCUSED: Steven Gehling, Jack Heinemann, Donald Pressley, John Ruppenthal, and Patrick Weston STAFF: Jackson Kinney, Director of Community Development; Darryn Burich, Principal Planner; Kristi Bales, Principal Planner; and Vickie Rand, Recording Secretary The meeting was called to order at 4:00 p.m. by Chairman Bettes. Roll call was taken and a quorum declared present. The minutes of September 16, 2003 were approved as mailed. (Borsuk/Dell’Antonia) I. CONSENT AGENDA A: ACCEPT WATER MAIN EASEMENT ALONG EMMERS LANE The Department of Public Works, petitioner for Westowne North Properties, owner, request the Plan Commission to accept a water main easement along Emmers Lane at 1100 Emmers Lane. The subject easement ranges in width from 15 – 20 feet and will run the entire length of the subject property along Emmers Lane. B: ACCEPT STORM SEWER AND DRAINAGE EASEMENTS BETWEEN FOX FIRE AND KIRKWOOD DRIVES The Department of Public Works, petitioner for Russell and Carol Frank and Michael and Valerie Aronson, owners, request the Plan Commission to accept storm sewer and drainage easements for properties located between Fox Fire and Kirkwood Drives. The easements are being requested to address some storm drainage issues in the subdivision and involve two different subdivisions. C: THREE LOT LAND DIVISION/CERTIFIED SURVEY MAP SOUTH OF W. WAUKAU AVENUE; ACCEPT RIGHT-OF-WAY Carow Land Surveying, petitioner for Waukau LLC, owner, requests the Plan Commission to review and approve a three lot land division/certified survey map (CSM) and right-of-way dedication for property generally located south of W. Fisk Avenue and west of the Hawthorne Suites Hotel located at 3105 S. Washburn Street. The subject property is part of the Brayton Annexation and involves approximately 70 acres of R-3 Multiple Dwelling District zoned property and 6.6 acres of area proposed for public streets. Plan Commission Minutes Page 2 October 7, 2003 D: THREE LOT LAND DIVISION/CERTIFIED SURVEY MAP; ACCEPT RIGHT-OFWAY ALONG S. WASHBURN STREET Carow Land Surveying, petitioner for McClone Downtown Development LLC, owner, request the Plan Commission to review and approve a three lot land division for a 22.6 acre subject property located along S. Washburn Street. It is also requested to accept right-of-way dedication that will establish two new streets to serve the development. The property is zoned M-1PD and is also located in the Highway 41 Corridor Overlay District. E: EXTRATERRITORIAL TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 1887 CLAIRVILLE ROAD R.A. Smith and Associates, petitioner for Quentin Gerlach, owner, request the Plan Commission to review and approve an extraterritorial two lot land division/certified survey map (CSM) along Clairville Road in the Town of Nekimi. The 37 acre subject property is zoned agricultural under Winnebago County Zoning. The petitioner is proposing to create a smaller, approximately 2.4 acre parcel from the base parcel for a residential home site. F: PRIVILEGE IN STREET FOR PLACEMENT OF A MONITORING WELL IN THE RIGHT-OF-WAY NEAR 663 DIVISION STREET Alpha Terra Science, petitioner for Stannard Dry Cleaning, owners, request a privilege in street to allow placement of a monitoring well in the Division Street right-of-way near 663 Division Street. The purpose of the monitoring well is to determine the extent of groundwater contamination associated with the Stannard Dry Cleaning property at 653 N. Main Street. Mr. Burich stated he wanted to discuss items “C” & “D” further, therefore he requested to have them pulled from the Consent Agenda at this time. Motion by Dell’Antonia for approval of Items “A”, “B”, “E”, and “F” of the Consent Agenda with the following conditions for Items “E” and “F” as follows: ITEM E: 1. The City will not affix signature to the proposed certified survey map until a zone change has been approved by the Town of Nekimi and Winnebago County. ITEM F: 1) The monitoring well be installed in a manner that is approved by the Department of Public Works. 2) If no longer needed the monitoring well be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3) Any problem which may arise as a result of the monitoring well or the placement of the monitoring well be the responsibility of the petitioner or owner to correct in coordination with the Department of Public Works. Plan Commission Minutes Page 3 October 7, 2003 4) All appropriate permits be obtained prior to the start of boring or excavation work. 5) The monitoring well be modified or removed immediately upon 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. Seconded by Borsuk. Motion carried 6-0. Mr. Burich continued with Item C stating that Mr. Mark, owner of Waukau LLC, is requesting to not be required to construct the short segment of the east/west street terminating at Mr. Mark’s west west property line. Mr. Burich stated that Mr. Mark offered to sign an assessment waiver that would allow the City to construct the street and utilities at its convenience and assess the costs back to Midwest’s properties. Mr. Burich stated that this may be possible but some of the City’s concerns must be addressed and it may be possible to do so with the developer’s agreement that would make the developer/owner responsible for 100% of the construction costs. Mr. Burich also stated that he would like to add another condition to add language to the certified survey map regarding public utility and drainage easements. Mrs. Scherer questioned if there were any limits on developing in wetland areas. Mr. Burich stated there are limitations, but as far as the road construction is concerned, it does not appear to be in the wetland areas. A condition is being recommended to delineate the wetland areas. David Patek, Director of Public Works, stated the added condition should include the provision of public utilities utilities and streets to/in the proposed land division and right-of-way dedication areas. Mrs. Propp questioned if this was the first time a pedestrian easement was asked for, and who was the decision-maker in the placement of the easement. Mr. Burich stated they have requested pedestrian easements in the past such as in the Sawyer Creek Subdivision and in the Kope Avenue area. He stated he made the decision for the placement of this pedestrian easement by looking at the natural features of the area and where it would be logical to link a trail system to other parcels as they are developed. Ms. Mattox stated she was happy to see a pedestrian trail allowed for, however, she questioned if the cost of the trail through a wetland area would be a greater cost to the City when trying to mitigate the wetland areas. Mr. Kinney stated additional landowners will need to bring in their development plans before the location of a trail system is finalized. Mr. Burich stated a wetland area provides many natural amenities amenities that are well suited for a trail system, however, a lot of work is yet to be done before a trail system is in place. Plan Commission Minutes Page 4 October 7, 2003 Ms. Mattox noted that high-density housing seems to be proposed west of the highway and questioned where a park might fit into the area. Mr. Kinney stated they have been working with the Parks Department to plan the best area for a park as property is annexed into the City. He stated they want to make sure at least 5-10 acres of developable land will be acquired for park development. Ms. Mattox also questioned if a pedestrian trail or a bike trail was being considered for access to the outlet mall so residents wouldn’t have to rely completely on automobile transportation. Mr. Kinney stated they would need to examine that closer to see if it was possible. Mrs. Scherer questioned if there was a time line for the pedestrian easement. Mr. Kinney stated that development of a trail system will be dictated by the pace of development in the area as parcels to the west of the subject property are annexed into the City and conceptual plans are brought forward for all applicable parcels. Motion by Borsuk for approval of a Three Lot Land Division/Certified Survey Map south of W. Waukau Avenue; and acceptance of right-of-way dedication for property generally located south of W. Fisk Avenue and west of the Hawthorne Suites Hotel located at 3105 S. Washburn Street subject to the following conditions: 1. All streets be provided with the proper radius’ per the Department of Public Works. 2. Provide all public utility easements per locations and widths as determined by the Department of Public Works. Additional easements may be required and dedicated at a later date based upon an approved drainage plan. 3. Streets shall be provided with names. 4. The unnamed street terminating at the west property line must end in a temporary cul-de-sac. 5. A grading, drainage, and erosion control plan be submitted and approved by the Department of Public Works. 6. Wetlands and navigable streams be delineated to determine exact placement of the unnamed street terminating at the west property line. 7. A 15 foot wide public pedestrian trail easement be provided along the entire length of the south lot line of Lot 3. 8. The one foot strip along the western boundary of the property identified as owned by Jeffrey and Macelia Brayton be eliminated. 9. Owner/Developer to enter into an agreement with the City of Oshkosh to cover all costs associated with the provision of public utilities and streets to/in the proposed land division and right-of-way dedication areas. Plan Commission Minutes Page 5 October 7, 2003 10. The following language shall be added to the certified survey map regarding public utility and drainage easements and recorded on the face of the certified survey map: No improvements are allowed within areas reserved for public utility and drainage easements. Improvements include, but are not limited to, building structures, driveways, parking areas, landscaping or fences. Any improvement shall be allowed only by special exception of the Board of Public Works. Seconded by Dell’Antonia. Motion carried 6-0. Mr. Burich continued with Item D, noting that a change needed to be made to condition number one for a sanitary easement, not a storm easement and storm piping to be eliminated. He also stated he would like to add two conditions to address a developers agreement and language to be added to the Certified Survey Map. Motion by Borsuk to approve a Three Lot Land Division for a 22.6 acre subject property located along S. Washburn Street and to accept the right-of-way dedication that will establish two new streets to serve the development subject to the following conditions: 1. A sanitary sewer easement be provided at the southwest corner of the S. Washburn Street intersection. This easement is to encompass the existing sanitary lift station and sanitary piping. 2. Approval by the Department of Public Works of a grading, drainage, and erosion control plan prior to right-of-way acceptance. 3. Provide any other easements as necessary to provide public utility service to the subject and adjacent parcels. Easement location and widths are to be determined by the Department of Public Works. 4. Streets must be named prior to acceptance by Common Council. 5. Owner/Developer to enter into an agreement with the City of Oshkosh to cover all costs associated with the provision of public utilities and streets to/in the proposed land division and right-of-way dedication areas. 6. The following language shall be added to the certified survey map regarding public utility and drainage easements and recorded on the face of the certified survey map: No improvements are allowed within areas reserved for public utility and drainage easements. Improvements include, but are not limited to, building structures, driveways, parking areas, landscaping or fences. Any improvement shall be allowed only by special exception of the Board of Public Works. Seconded by Dell’Antonia. Motion carried 6-0. Plan Commission Minutes Page 6 October 7, 2003 II: LAND EXCHANGE – MARION ROAD REDEVELOPMENT AREA City Administration, petitioner for Oshkosh Wood Products and the City of Oshkosh, owners, request the Plan Commission to review and approve a land exchange in the Marion Road Redevelopment Area. The two small subject parcels are sized at approximately 676 square feet for the Oshkosh Wood Products property and 880 square feet for the City owned property. The purpose of the land exchange is to square off the boundary of proposed parcel G in the redevelopment area and to obtain additional area for the placement of utilities. Mr. Kinney stated that Oshkosh Wood Products (Lamico) has agreed to the land exchange. He explained that this parcel had been sold to Oshkosh Wood Products when the City sold the abandoned railroad corridor. He also explained the City owned parcel had been acquired when the City purchased the Universal Foundry property. Motion by Propp for approval of the Land Exchange in the Marion Road Redevelopment Area. Seconded by Borsuk. Motion carried 6-0. III. UPDATE TO COMPREHENSIVE PLAN Ms. Bales demonstrated with a PowerPoint presentation how to access information regarding the Comprehensive Plan Update from the City of Oshkosh’s web site. She explained some of the chapters of the Comprehensive Plan have been finalized, drafts are being completed, and Steering Committee summaries are being posted to the web site. Ms. Bales stated that next weeks meeting would be attended only by the Comprehensive Plan Update Committee (CPUC) members and they would reviewing implementation actions according to the Smart Growth Plan. She reviewed the agenda that would be followed. Chairman Bettes asked Ms. Bales to give the Plan Commission an overview of how the update process was going. Ms. Bales informed the Plan Commission which committees were finishing up their work, (i.e. the Transportation Committee) and what committees were just getting started (i.e. the Inter-Governmental Committee). She reviewed a time line which included the Inter-Governmental Committee and the Land Use Plan Committee meeting from November through January, with public meetings starting in January. She explained the next step would be to get Plan Commission and Common Council approval with adoption of the plan in March or April by the Common Council. She explained there haven’t been any workshops with the Common Council at this time because of their full agenda. Mr. Kinney stated adoption of the Comprehensive Plan by the Common Council was probably more realistic for Mid 2004. Discussion followed on how the Plan Commission wanted to proceed with review and approval of the Comprehensive Plan, whether they should have separate meetings or if they wanted to include it on the Plan Commission Agenda. Their role in the CPUC was also discussed, along with the attendance record of Plan Commission members at those meetings, and the need to review if the time and day of the CPUC meetings was best for all members. Plan Commission Minutes Page 7 October 7, 2003 A consensus was made to have the CPUC’s final approval of the element draft before bringing it to the Plan Commission for approval. Discussion also ensued regarding the public participation in the Comprehensive Plan. Mr. Borsuk questioned the use of signage as he has noticed used in other cities. OTHER BUSINESS Mr. Burich stated a corridor workshop would be held for the Plan Commission on October 29th. Mr. Dell’Antonia asked what the status of the Car Dealership on Murdock Avenue was regarding the storage of boats on their lot. Mr. Burich stated the dealership owner has been sent a violation/correction notice to comply with the CUP that did not allow outside storage of boats. He stated the department had a meeting with representatives from the marine service operation in response to the violation/correction notice and it was their intention to apply for a modification to the CUP to allow outside storage of the boats. Enforcement issues were discussed along with with the City’s ability to handle these situations in the most expeditious way. There being no further business, the meeting adjourned at approximately 5:20 p.m. Respectfully submitted, DARRYN BURICH Principal Planner DLB/vlr