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PLAN COMMISSION MINUTES MARCH 18, 2003 PRESENT: Lurton Blassingame, David Borsuk, Jon Dell’Antonia, Steve Gehling, Achim Reschenberg, John Ruppenthal, and Lee Bettes, Vice Chairman EXCUSED:
Jack Heinemann, Donald Krueger, Donald Pressley and Kathleen Propp STAFF: Darryn Burich, Principal Planner, Jackson Kinney, Director of Community Development, and Vickie Rand, Recording
Secretary The meeting was called to order by Vice Chairman Bettes. Roll call was taken and a quorum declared present. The minutes of March 4, 2003 were approved as mailed (Ruppenthal/Reschenberg).
Unanimous. I: CONDITIONAL USE PERMIT REQUEST FOR A MULTIPLE FAMILY DEVELOPMENT FOR PROPERTY GENERALLY LOCATED AT 200-210 DAWES STREET; MODIFICATION TO A RIGHT-OF-WAY VACATION; DISPOSITION
OF RIGHT-OF-WAY TO BE VACATED Thomas Design, petitioner for L.R.N., owner, requests Plan Commission review and approval of a conditional use permit (CUP) to allow for a multiple family
development generally located at the northwest corner of Dawes Street and Pearl Avenue. Additionally, right-of-way vacation is being requested with the majority of the vacated right-of-way
to be disposed for inclusion into the development. The subject property is zoned C-3PD Central Commercial District with a Planned Development Overlay. Mr. Burich introduced the item
noting a condition he would like to add involving relocating the existing water main located in the area to be vacated. Mr. Borsuk questioned where the fence would be located relative
to the adjacent transitional living facility. Mr. Burich used the appropriate slide to point out the north property line. He explained condition number 5 calls for a six foot high solid
wood fence to be installed along the north property line to screen the full extent of the parking area. He stated this will mitigate any potential negative impacts from the proposed
development encroaching into the rear yard area for the transitional living facility as it is the area where children residing at the facility play. Roger Herold, 2123 Northpoint Street,
representing St. Peter’s Congregation, apologized for the delay in getting this item approved and forwarded to the Common Council. He stated the Church accepts the responsibility for
this delay. He stated he was not aware of the presentation that was made at last month’s meeting.
Plan Commission Minutes 2 March 18, 2003 Mr. Herold stated St. Peter’s is in agreement of the proposal except for a wooden fence that they would like the developer to install along their
property line that separates the two parking lots. He stated they will be able to relocate the entrance to their parking lot with the current proposal, but still feel a little unsettled
that they don’t have anything in writing to that effect. He stated they had discussed this with Mark Huddleston who stated that shouldn’t be a problem. Attorney Russ Reff, 217 Ceape
Avenue, representing L.R.N., stated he appreciated the church’s support for the project, and noted the staff recommended fence along the north side would be no problem. He stated the
project is complicated by the difference in grade between the church and the developer’s property for the fence that the church would like installed along the east property line. He
stated the church had abandoned the fence on the east side in exchange for money to be used for a contribution towards the regrading and engineering that would need to be done to redesign
the grade to be the same for both properties. Attorney Reff stated without the regrading they would need to put up a retaining wall and a fence on top of that which could be costly.
He stated his clients would prefer to work with the church on an agreement that would include the regrading of both properties to eliminate the retaining wall. Attorney Reff requested
the Plan Commission approve this proposal with an additional condition for the developer and the church to work out an agreement to resolve the grading and fence issue before construction
begins. Mr. Ruppenthal stated the only issues seem to be the fence and grading of both properties. He questioned if the church would be willing to work with the developer in good faith
at this time to move this project forward without adding it as a condition. Mr. Herold stated they would be glad to work with the developer in good faith to resolve these issues. Mr.
Dell’Antonia stated he was concerned about the base standard modification to reduce enough spaces to a 7.5’ width in order to obtain enough parking spaces to accommodate each bedroom
in the development, stating that seemed to be to narrow. Mr. Wesenberg, 811 Bison Point, Thomas Design Project Manager, stated the parking stalls worked out to be 8 feet wide with the
standard stall at 8.5 feet wide. He stated the 8’ wide stalls would be marked for compacted cars. Vice Chairman Bettes questioned if there would be less than 10 stalls at 8’ wide. Mr.
Wesenberg stated there would be approximately 4-5 8’ wide stalls. Motion by Ruppenthal for approval of a Conditional Use Permit to allow for a multiple family development generally located
at the northwest corner of Dawes Street and Pearl Avenue, with the vacation of portions of Pearl Avenue and Campus Place and the disposition of right of way to be vacated, subject to
the following conditions: 1) Landscape plan to be revised and approved by the Department of Community Development. Plan shall include a greater variety of trees than proposed with final
approval of the size and type of all vegetative materials by the Department of Community Development. Department of Community Development must approve materials used for any fencing
and/or retaining walls on site. Wood mulch is to be used in all landscaping areas.
Plan Commission Minutes 3 March 18, 2003 2) The Department of Community Development shall approve all external building materials and their colors as well as the location of all mechanical
and utility appurtenances. 3) City to vacate those portions of the proposed development currently used or retained for right-of-way purposes. The City shall retain utility easement rights
in the vacated areas with width of easements determined by the Department of Public Works. 4) Developer to remove street, curb, and gutter sections and sidewalk from the entire extent
of the area vacated by the City. Existing metal guardrails and signage to be returned to the City. 5) A six foot high solid wood fence to be installed along the north property line to
screen the full extent of the parking area along the north property line. Department of Community Development to approve fencing. 6) City water main within the vacated right-of-way to
be relocated in agreement with the Department of Pubic Works. 7) No more than five (5) parking stalls be eight (8) feet in width. Seconded by Reschenberg. Motion carried 7-0. OTHER BUSINESS
Mr. Blassingame questioned if a revision should be made to the Zoning Ordinance to allow for lesser front or street yard setbacks in central city redevelopment areas to encourage traditional
or new urbanist styles of development. This would eliminate the need for developers to request base standard modifications and possibly more intensive review procedures and documentation.
There being no further business, the meeting adjourned at 4:24 p.m. (Dell’Antonia/Ruppenthal) Unanimous. Respectfully submitted, DARRYN L. BURICH Principal Planner DLB/vlr