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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES APRIL 16, 2002 PRESENT: Jack Heinemann, Donald Krueger, Achim Reschenberg, John Ruppenthal, and David Borsuk, Chairman EXCUSED: Lee Bettes, Lurton Blassingame, Steve Gehling, Donald Pressley, and Fred Timmerman STAFF: Darryn Burich, Principal Planner; Susan Kepplinger, Principal Planner and Vickie Rand, Recording Secretary The meeting was called to order by Chairman Borsuk. Roll call was taken and a quorum declared present. The minutes of April 2, 2002 were approved as mailed (Krueger/Heinemann). Unanimous. I: CONSENT AGENDA A: PRIVILEGE IN STREET: 1429, 1503, 1512 S. MAIN STREET Peter Chase, petitioner for Condon Oil, owner, requests Plan Commission review and approval of a Privilege in Street for the placement/installa tion of monitoring wells and soil borings in City right-ofway. The wells will be placed in the vicinity of the S. Main Street and 15th Avenue intersection and are being placed to determine the impact associated with leaking underground storage tanks at the Party Mart Station located at 1429 S. Main Street. B: ACCEPT EASEMENTS/DEDICATION OF LANDS 1904-1934 ALGOMA BOULEVARD This request comes about as a follow up to the rezoning and CUP/Planned Development Review for the subject area private redevelopment project that was reviewed and approved by the Plan Commission on April 2, 2002, and is scheduled for consideration by the Common Council on April 23, 2002. As was stated in the previous staff report for this item, Algoma Boulevard is scheduled to be reconstructed sometime next year and there are some areas along Algoma Boulevard where permanent and temporary construction easements will be needed or land will actually have to be dedicated for the reconstruction project. It would be appropriate to require the petitioner/owner to grant these easements or dedication of lands as a condition to the CUP request. There was no discussion on the Consent Agenda. Motion by Krueger for approval of the Consent Agenda with conditions for items “A” & “B” as follows: Plan Commission Minutes Page 2 April 16, 2002 Item A: 1) The soil borings and monitoring wells be installed in a manner that is approved by the Department of Public Works so that it is flush with the roadway or sidewalk. 2) The monitoring wells and soil borings 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 borings or the placement of the monitoring wells be the responsibility of the petitioner to correct in coordination with the Department of Public Works. 4) All appropriate permits be obtained prior to the start of the borings and construction/placement of the monitoring wells. 5) The monitoring wells 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. Item B: 1) Grant temporary construction easements/permanent easements, and dedication of lands for the purposes of the reconstruction of Algoma Boulevard to be approved by the petitioner. Setbacks for the approved site plan shall not be affected by the granting of easements or dedication of lands for the reconstruction project. Seconded by Reschenberg. Motion carried 5-0. II: CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT REVIEW FOR SITE PLAN MODIFICATIONS AT 2247 RYF ROAD C.R. Meyer petitioner, for Castle Pierce Printing, owner, requests the Plan Commission to review and approve a conditional use permit (CUP)/Planned Development Review for site plan modifications at 2247 Ryf Road. There are two properties involved in this CUP, one contains the existing printing facility at 2247 Ryf Road and is zoned M -1 PD, Light Industrial District with a Planned Development Overlay. The undeveloped property to the east is currently under separate ownership and is zoned R – 1 PD, Single Family District with a Planned Development Overlay. Plan Commission Minutes Page 3 April 16, 2002 Mr. Ruppenthal questioned if the adjacent land to be purchased by Castle Pierce Printing would remain R-1PD. Mr. Burich stated the land to be purchased is proposed for use as a driveway and since no manufacturing use will occur on that property it could remain R-1PD but the area where the building expansion is proposed is an R-1PD area and should be rezoned to M-1PD, although the overlay does allow for more flexible uses. Mr. Ruppenthal stated he thought it would be more practical to rezone the properties to an M-1PD District so the when the properties were combined you would not have a multizoned parcel. Mr. Burich stated a condition could be added to have the owner apply to rezone the R-1PD areas prior to or at the time the properties Wisdot is securing are combined with the subject property. Motion by Ruppenthal for approval of the CUP/Planned Development Review for site plan modifications at 2247 Ryf Road as found to be consistent with Standards set forth in in Section 30-11 (D) and 30-33 (E) (b) of the Zoning Ordinance, with the following conditions: 1) A landscaping plan be submitted and approved by the Department of Community Development prior to issuance of a building permit and that an enhanced level of landscaping be provided in areas where base standard modifications are granted for the parking lot or driveway. An enhanced level of landscaping shall include either the planting of more mature trees and shrubs than required by the Ordinance or an increase in the number of trees and shrubs required by the Ordinance. 2) The additional properties indicated on the site to be secured by Wisdot be combined with the subject property at 2247 Ryf Road through a certified survey map or other method as approved by the Department of Community Development prior to any site preparation work being conducted in these areas. 3) Evidence of available parking be provided prior to any facility expansion taking place on site. 4) Owner shall apply for a zone change of the properties being secured by Wisdot, as indicated on the submitted site plan, to be consistent with the zoning of the subject property at 2247 Ryf Road prior to or at the time of combination of said properties to the subject property. Seconded by Krueger. Motion carried 5-0. III: CONDITIONAL USE PERMIT FOR A FOR A MIXED COMMERCIAL/RESIDENTIAL STRUCTURE AT 460 N. MAIN STREET The Department of Community Development requests the Plan Commission to review and approve a conditional use permit (CUP) for a mixed use commercial/residential structure at 460 N. Main Street. The subject property is zoned C-3 DO Central Commercial District with a Downtown Overlay that allows mixed use commercial/residential structures through CUP and further requires that residential uses are located on upper floors only. Chairman Borsuk questioned if these apartment units would be offered at the market rate. Ms. Kepplinger stated the apartments would be offered for rent at the Housing and Urban Development (HUD) fair market rental rates. Chairman Borsuk questioned what the income limits were for the apartments offered. Ms. Kepplinger stated that income limits are based on household size, for example the income limit for a household of one would be $20,000. Plan Commission Minutes Page 4 April 16, 2002 Mr. Heinemann questioned where the parking would come from for the apartments. Mr. Burich stated the old WG&R site will be developed as a parking lot and should include long term parking permit opportunities. Mr. Burich also noted there are other public lots in the area that offer long term parking opportunities. Mr. Ruppenthal questioned how many parking stalls are required for this development. Ms. Kepplinger replied 12 stalls are required for this development, one stall per apartment unit. Chairman Borsuk questioned what the demographic make up of the area was from Main Street east to Lake Winnebago. He also questioned how much housing was being offered for rent at fair market rates in that area, he noted this would be helpful information for future redevelopment in the downtown area. Mr. Ruppenthal noted that information should probably be included or analyzed as part of the Comprehensive Plan update. Ms. Kepplinger stated a period of affordability for most of the rental units being created is 5 years, and after that period market rate rents can be charged. She noted that the HUD rental rates are relatively close to market rates at the present time. Motion by Krueger for approval of the Conditional Use Permit for a mixed commercial/residential structure at 460 N. Main Street, found to be consistent with Standards as set forth in Section 30-11 (D) of the Zoning Ordinance, subject to the following condition: 1) Evidence of parking availability for residential units be submitted to the City by the Developer prior to occupancy permits being granted for the residential uses. Seconded by Ruppenthal. Motion carried 5-0. IV: FINAL PLAT – FIRST ADDITION TO PHEASANT CREEK FARM: Thomas Rusch, petitioner/owner, requests the Plan Commission to review and approve a final plat for the First Addition to Pheasant Creek Farm for property generally located south of 9th Avenue, west of Wheatfield Way and north of Rebecca Run. The Plan Commission approved the preliminary plat for the First Addition to Pheasant Creek Farm on July 17, 2001. The preliminary plat contained 37.5 acres and contained 123 lots and one 128,300 square foot outlot for use as a detention basin. The petitioner is now proposing to plat 68 lots and one outlot in a total of about 21.572 acres. Mr. Burich handed out an amended list of conditions noting that a change had been made in condition number 2 relating to the maintenance of outlot 1. Mr. Ruppenthal questioned if Heidi Haven Court would connect to 9th Avenue. Mr. Thomas Rusch, 3807 State Road 21, stated future development would connect Heidi Haven Court to Pheasant Creek Drive, which will connect to 9th Avenue. Mr. Rusch also commented that Rebecca Run would access Clairville Road in the future. Discussion continued regarding future development that would access 9th Avenue and Clairville Road. Plan Commission Minutes Page 5 April 16, 2002 Mr. Reschenberg questioned the design for drainage. Mr. Rusch discussed the drainage plan and its relationship to the reconstruction of Oakwood Road. Mike Kangas, 2991 Rebecca Run, stated he is opposed to the First Addition to Pheasant Creek Farm because of the current drainage problems he is experiencing. Cheng Thao, 1311 Fairfax Street, was also in opposition because of current drainage problems he is experiencing. Tony Lang, Assistant Director of Public Works, explained the current drainage problems in the subject area and the effects of the temporary drainage system, which was installed to help alleviate the problem. He stated with the development of the First Addition to Pheasant Creek Farm the drainage problem should be corrected within 2 months. Mr. Lang stated he was drafting a Developer’s Agreement which will go to the Common Council on May 14th for action, to ensure grading will be done to eliminate the back water to the storm sewer. Greg Hadley, 3055 Hunters Place, asked for the dimensions of outlot 1. Mr. Ruppenthal gave him his copy of the plat map. Chairman Borsuk stated outlot 1 will serve as a detention area. Mr. Hadley questioned if a mature tree line that existed from lot 11 of the Pheasant Creek Farm Subdivision to lot 34 of the Second Addition to Westleigh Farms Subdivision could be retained. Mr. Rusch stated that he will need to follow the engineering plans for the proposed detention basin which would eliminate the trees in that area. Chairman Borsuk stated it appeared the trees are considered secondary to the drainage plan, and also noted the Plan Commission does not review drainage plans, therefore cannot respond to those type of questions. Mr. Burich stated a condition has been included in the Staff Report to preserve as much of the mature trees and vegetation along the perimeter of the basin as possible. Mr. Hadley questioned what the elevations were for the pond. Mr. Burich stated the Department of Public Works has the drainage plans and suggested he stop by that office for further information. Motion by Ruppenthal for approval of the Final Plat known as the First Addition to Pheasant Creek Farm for property generally located south of 9th Avenue, west of Wheatfield Way, and north of Rebecca Run with the following conditions: 1) The developer be responsible for all capital costs not budgeted by the City. 2) Drainage easements as required and approved by the Department of Public Works be recorded on the face of the final plat. At a minimum and to be placed as a covenant on the face of the final plat, Lots 16 through 21 are responsible for perpetual maintenance of Outlot 1 or any other form of agreement to assure maintenance of said Outlot by developer and/or future owners within the plat. 3) Prior to Common Council consideration of the final plat, a development agreement must be drafted and approved by the Department of Public Works and City Attorney’s office. Said Development Agreement must be approved by the Common Council at the same meeting meeting at which the Final Plat is approved. Plan Commission Minutes Page 6 April 16, 2002 4) Pheasant Creek Drive to be completed by private contract by June 1, 2002. The developer is to enter into a Development Agreement with the City to ensure the road will be completed and open to traffic by June 1, 2002. 5) The detention basin indicated as Outlot 1 be designed in such a fashion as to preserve as much of the mature trees and vegetation along the perimeter of the basin as possible. Seconded by Krueger. Motion carried 5-0. OTHER BUSINESS I. Comprehensive Plan Update Committee meeting Mr. Burich stated a meeting will be held on Monday, April 22nd, regarding the update of the Comprehensive Plan. He stated they should be receiving a packet of information in that regard to review before the meeting. There being no further business, the meeting adjourned at 4:43 p.m.(Krueger/Heinemann). Unanimous. Respectfully submitted, DARRYN L. BURICH Principal Planner DLB/vlr