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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES SEPTEMBER 16, 2003 PRESENT: David Borsuk, Jon Dell’Antonia, Jack Heinemann, Don Pressley, John Ruppenthal, Patrick Weston, and Kathleen Propp, Vice Chairman EXCUSED: Steven Gehling, Shirley Mattox, Cathy Scherer, and Lee Bettes STAFF: Jackson Kinney, Director of Community Development; Darryn Burich, Principal Planner; Vickie Rand, Recording Secretary The meeting was called to order at 4:00 pm by Vice Chairman Kathleen Propp. Roll call was taken and a quorum declared present. The minutes of September 2, 2003 were approved as mailed. I. CONSENT AGENDA A: TWO LOT LAND DIVISION/CSM 2943 HOMESTEAD AVENUE Ronald and Dawn Binder, petitioners/owners, request review and approval of a two lot land division/certified survey map (CSM) for property generally located at 2943 Homestead Avenue. The approximate 1 acre subject property is zoned R-1 Single Family Residence District and was recently annexed to the City from the Town of Algoma. B: EXTRATERRITORIAL TWO LOT LAND DIVISION/CSM 4441 SHERMAN ROAD R.A. Smith, petitioner for Jennice Brearley, owner, request the Plan Commission to review and approve a two lot land division/certified survey map (CSM) for property generally located at 4441 Sherman Road in the Town of Oshkosh. The 1.14 acre subject property contains a single family dwelling with associated outbuildings and an Ameritech substation. It is proposed to divide the lot to create one additional site for a future single family dwelling. Mr. Burich stated that County Hwy. “A” currently has a 66’ right-of-way and is considered a primary arterial, which requires an 80’ right-of-way, therefore, staff is recommending a condition to be added to dedicate an additional 7’ of land from the subject property for right-of-way purposes along the subject property’s C.T.H. “A” frontage. Dave Brearley, 4441 Sherman Road, questioned if his setback requirement would change which was now 30’. Mr. Burich stated with the 7 foot dedication the setback would increase by 7 feet. (Jack Heinemann arrived at this time.) Plan Commission Minutes Page 2 September 16, 2003 C: ACCEPT RIGHT-OF-WAY DEDICATION – FERNAU COURT City Administration requests the Plan Commission to accept right-of-way dedication for City owned land within the Northwest Industrial Park to establish Fernau Court. Fernau Court will be an approximate 500 foot long cul-de-sac with 60 feet of right-of-way width and a 120 foot diameter culde-sac bulb. D: ACCEPT PERMANENT EASEMENT – SAWYER CREEK TRAIL AREA The Department of Community Development requests the Plan Commission to accept a permanent easement in the Sawyer Creek Trail Area to accommodate a minor realignment of the proposed bridge crossing Sawyer Creek. The easement is located at the rear of the property at 3195 Sawyer Creek Drive. The proposed easement is a small triangular area of approximately 520 square feet. The Plan Commission previously recommended the acceptance of easements in this area. Mr. Borsuk questioned if the 60’ right-of-way in Item “C” would be adequate in an industrial park considering the size of vehicles using the area. Mr. Kinney stated the Department of Public Works has approved the right-of-way. Motion by Pressley to approve the Consent Agenda with the following condition for Item B: 1. Dedicate an additional (7) seven feet of land for right-of-way purposes along the subject property’s C.T.H. “A” frontage. Seconded by Ruppenthal. Motion carried 7-0. II: MODIFICATION TO A CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW; PRIVILEGE IN STREET; ACCESS CONTROL VARIANCE AT RADFORD SQUARE 30 WISCONSIN STREET Development Services, petitioner for D&F Investments, owner, request the Plan Commission to review and approve a modification to a conditional use permit/development plan and a privilege in street to allow for the expansion of the parking lot at Radford Square to the south into right-of-way that was Marion Road. The petitioners are also requesting a variance to the Access Control Ordinance to allow more than two driveway approaches on a property. The 2.4 acre subject property is zoned zoned C-3PD Central Commercial District with a Planned Development Overlay. Mr. Burich stated staff would like to add a condition requiring final approval of the street privilege by any applicable state of federal agency in association with the Wisconsin Street bridge reconstruction project. Plan Commission Minutes Page 3 September 16, 2003 Mr. Pressley questioned why the City wouldn’t sell the right-of-way to the property owners if the City had no immediate plans for use of the area. Mr. Kinney explained it was to the City’s advantage at this time to retain the right-of-way to be able to provide public access to the pedestrian trail. He discussed the reconstruction of the Wisconsin Street bridge and the future of the area. Kelly Claflin, representing D & F Investments, stated he was available to answer questions. Mr. Dell’Antonia questioned the left turn from Wisconsin Street into Radford Square stating steps need to be taken to physically change the area. Mr. Kinney stated the egress of the site from that driveway was a separate issue from the requested actions. He explained that the petitioner had been granted an ingress only driveway on the condition that signage be placed on the site stating so. He stated the problem would in all likelihood work itself out when the Wisconsin Street bridge was reconstructed with the possible placement of a nonmountable median in the center of Wisconsin Street that would prohibit left turns to and from the driveway. Discussion followed regarding the improvements that could be made at that time. Mr. Heinemann stated he felt the issue needed to be addressed at this time with more traffic in this area. Mr. Burich stated the new parking addition would be designed with angle parking that would force traffic into a one way pattern exiting to Marion Road so this should have no impact on egress from that driveway. Mr. Heinemann questioned if a condition was needed to address the current left turn situation. Mr. Kinney stated he didn’t feel a condition was needed at this time as it is already prohibited and indicated so on site. He stated the petitioner may want to look at other signing options to make it more apparent to traffic on site that the driveway is for ingress purposes only. Vice Chairman Propp questioned what the setback requirement was for Mercury Marine. Mr. Burich replied that Mercury Marine was in a district which allowed for zero foot setbacks. Vice Chairman Propp added that she was glad to see a walkway included in the area. Motion by Ruppenthal for approval of the modification to a Conditional Use Permit/Development Plan Review; Privilege In Street to allow for the expansion of the parking lot at Radford Square to the south into right-of-way that was Marion Road, and for a Variance to the Access Control Ordinance to allow more than two driveway approaches, found to be in compliance with the standards of Section 30-11, and 30-33 of the Zoning Ordinance, subject to the following conditions: 1) A revised landscape plan to be submitted 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 Department of Community Development and to be provided prior to parking use in the privilege-in-street area. Plan Commission Minutes Page 4 September 16, 2003 2) A lighting plan is to be submitted and approved by the Department 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 Department 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 Department 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 Department of Community Development. 5) A revised stormwater plan be submitted and approved by the Department 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 Department 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 Department 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 Department 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. Plan Commission Minutes Page 5 September 16, 2003 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 Department 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. Seconded by Dell’Antonia. Motion carried 7-0. OTHER BUSINESS Mr. Burich reminded the Plan Commission of the Comprehensive Plan Committee meeting on the following day, Wednesday, September 17, at 4 p.m. at City Hall, room 404. There being no further business, the meeting adjourned at approximately 4:30 pm. Respectfully submitted, DARRYN BURICH Principal Planner DLB/vlr