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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES December 7, 2010 PRESENT: David Borsuk, Jeffrey Thorns, Thomas Fojtik, John Hinz, Kathleen Propp, Donna Lohry, Robert Vajgrt, Karl Nollenberger EXCUSED: Ed Bowen, Tony Palmeri, Kent Monte STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey Nau, Associate Planner; Steve Gohde, Assistant Director of Public Works; Deborah Foland, Recording Secretary Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of November 16, 2010 were approved with a correction to page 12, paragraph 4, to change the word impaling to compelling. (Vajgrt/Hinz) I.A. GRANT PRIVILEGE IN THE STREET FOR PLACEMENT OF A MONITORING WELL AT THE NORTHWEST CORNER OF N. MAIN STREET & W. IRVING AVENUE The petitioner is requesting a privilege in the right -of -way for the installation of a monitoring well near the northwest corner of N. Main Street and W. Irving Avenue. Mr. Nan presented the item and reviewed the site and surrounding area. He explained that the monitoring well was necessary as part of an on -site investigation for petroleum release from 694 North Main Street and the Department of Public Works has reviewed and approved of the request with the standard conditions recommended for such requests. There was no discussion on this item. I.B. GRANT PRIVILEGE IN THE STREET FOR INSTALLATION OF FIBER OPTIC CABLE CONNECTING THE FORMER LINCOLN ELEMENTARY SCHOOL (608 ALGOMA BOULEVARD) TO 215 WAUGOO AVENUE Multimedia Communications and Engineering, Inc. and the Oshkosh Area School District are requesting to install fiber optic cable in city right -of -way connecting the former Lincoln Elementary School (608 Algoma Boulevard) to 215 Waugoo Avenue. Mr. Nan presented the item and reviewed the site and surrounding area as well as the route of the fiber optic cable. He explained that the School District had recently purchased the building at 215 Waugoo Avenue necessitating the request for the privilege to connect their facilities. The request has been reviewed and approved by the Department of Public Works with the standard conditions recommended for such requests with an additional condition that if a street along the proposed route is reconstructed resulting in the underground relocation of existing aerial utilities, the School District would be required to underground their facilities at their expense. There was no discussion on this item. I.C. EXTRATERRITORIAL FOUR -LOT LAND DIVISION /CERTIFIED SURVEY MAP AT THE NORTHEAST CORNER OF LEONARD POINT ROAD AND SAND PIT ROAD IN THE TOWN OF OMRO The petitioner is applying for an extraterritorial four -lot land division within the Town of Omro to split off four parcels from the 11.09 acre base parcel which currently is used agriculturally. Plan Commission Minutes December 7, 2010 Mr. Nan presented the item and reviewed the site and surrounding area as well as the existing land use and zoning classifications in said area. He explained that the proposed land division is appropriate with the surrounding uses and is consistent with the Comprehensive Plan. Mr. Thorns questioned if this item should not be reviewed by the Extraterritorial Zoning Committee. Mr. Burich responded negatively and stated that this committee only reviews items within the Town of Algoma. Ms. Lohry inquired if there were recommendations from the Town of Omro regarding this request. Mr. Nan replied that the land division meets all the necessary criteria for the Town of Omro. Motion by Thoms to approve the consent agenda as requested with the following conditions for Item I.A.: 1) The monitoring well be installed in a manner that is approved by the Dept. ofPublic Works with no modifications or changes in construction procedure without prior approval by the Dept. ofPublic Works. 2) If no longer needed, the monitoring well be properly abandoned in accordance with City standards and under the direction of the Dept. ofPublic Works. 3) Any problem which may arise as a result of the placement of the monitoring well be the responsibility of the petitioner, contractors and owner to correct in coordination with the Dept. ofPublic Works. 4) All appropriate permits be obtained prior to the start ofplacement of the monitoring well. 5) The monitoring well be modified or removed immediately upon the request of the City. 6) The petitioner and contractors secure and submit 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 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 upon 10 days notice. 8) The petitioner and contractors execute hold harmless agreements with the City. 9) The facility be part of and documented with Digger's Hotline system. The following conditions for Item I.B.: 1) The fiber optic system be installed in a manner that is approved by the Department ofPublic Works with no modifications or changes in construction procedure without prior approval by the Department of Public Works. 2) If no longer needed, the fiber optic system be properly abandoned and removed in accordance with City standards and under the direction of the Department ofPublic Works. 3) Any problem that may arise as a result of the placement of the fiber optic system be the responsibility of the petitioner /owner to correct in coordination with the Department ofPublic Works. 4) All appropriate permits be obtained prior to the start ofplacement of the fiber optic system. 5) The fiber optic system 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. 8) The petitioner /owner execute a hold harmless agreement with the City. 9) The facility be part of and documented with Digger's Hotline system. 10) At the time a street along the proposed route is reconstructed resulting in the underground relocation of existing aerial utilities, the School District will be required to underground their facilities at their expense. Plan Commission Minutes December 7, 2010 Seconded by Borsuk. Motion carried 8 -0. II. DEVELOPMENT PLAN AMENDMENT AND LAND DIVISION APPROVAL FOR PROPERTY AT 881 -916 ADAMS AVENUE The petitioner is requesting a modification from the original Planned Development (PD) and approval of a land division to divide the subject area into separate and distinct parcels of land with shared access and utilities. Additionally, a base standard modification is requested to create an individual lot without public street frontage. Mr. Buck presented the item and clarified that all owners are included as petitioners for this request and reviewed the site, surrounding area, land use, and zoning in said area. He stated that the planned development was previously approved in 2001 and reviewed the original site plan for the condominium development of which only four units were actually constructed. He also reviewed the current conditions of the site as well as the proposed land division which would create a lot (Lot 4) with no street frontage. He explained that the private road would provide access to this lot and also discussed the proposed cul -de -sac or turn around to be created and the removal of the remaining condominium unit footprints on the vacant parcel (Lot 1). Cross access and maintenance easements /agreements for shared features of the development would be necessary as well as any shared utilities if the land division is approved. He also reviewed the conditions recommended for this request. Stuart Murphy, 1935 Iowa Street, questioned how the creation of a cul -de -sac at this location would affect the neighboring properties. Mr. Buck responded that the cul -de -sac would provide an area to exit a dead end street without having to do so in a backward motion which would be beneficial for trucks and fire facilities. Other than that, it would not have much affect on adjacent property owners. Mr. Murphy also inquired if the property owners requesting this amendment would be bearing the costs of the construction of the cul -de -sac. Mr. Buck responded affirmatively. James Mayer, 902 Adams Avenue, questioned if the cul -de -sac would be constructed at the end of the existing unimproved Adams Avenue. Mr. Buck replied he did not have an exact location at this time however it would be required to be extended far enough to provide access to the existing condominium units on the site. Louis Neuville, N3056 Hicks Lane, Waupaca, stated that he was the current owner of the vacant lot on the site but was not the original petitioner for the development. He further stated that he acquired the property in 2003 and sold a portion of the site back to Lakeside Marina and discussed the history of the planned condominium project. He stated that development has not proceeded on the site due to poor economic conditions and that he was not opposed to the proposed amendment and land division however he did have a mortgage on the property and needed to be assured that two duplexes could still be constructed on the remaining undeveloped parcel in the future. Julie Mayer, 902 Adams Avenue, stated that their property was adjacent to the proposed cul -de -sac area and felt that it would have a negative impact on their property as there will be more traffic in front of their house creating a safety issue for their children. She also voiced her concerns with drainage in the area and distributed photos of flooding on their property and if the construction of the cul -de -sac and removal of the existing berm would increase the flooding issues. She felt the cul -de -sac would be acceptable if it did not extend as far as suggested on the site plan and stated that it would serve no purpose to their property and would create additional costs to them when the road was eventually reconstructed and curbing and gutters installed. Plan Commission Minutes December 7, 2010 Christian Gossett, 885 Adams Avenue, one of the petitioners for this request, stated that there was a letter from Michael Castle included in the staff report stating that he was an adjacent property owner and supported the request for the amendment and land division as he felt it was in the best interest of the neighborhood and would improve traffic flow and safety in the area. He also discussed a clubhouse adjacent to the site and how the addition of the proposed cul -de -sac would not create safety issues but would in fact improve the situation since currently snow plows and other large vehicles cannot exit the dead end street without doing so in a backward motion as there was not sufficient room for these vehicles to turn around to exit the area. He further stated that he had discussed the issues with Mr. Neuville and the proposed amendment would relieve a lot of the problems that currently exist with this site and the owners of the four condominium units built have a lot invested in the property and this request, if approved, should work to everyone's benefit. He also discussed the docks that are rented from the marina adjacent to the site and the dust that is stirred up from the use of the gravel road that is covering the boats in the slips. He concluded by stating that the costs to the condominium owners will be substantial, however it will resolve a lot of the issues on the site. Tim Freid, Lakeside Marina, 902 Taft Avenue, stated that he agreed that the removal of the gravel road would benefit the marina and the property being mowed would also help. He further stated that he felt the addition of a cul -de -sac at this location would improve safety issues. Ms. Propp questioned if the City right -of -way extended all the way to the river. Mr. Nan responded that the right -of -way extends to the area just west of the river as that is how it was originally platted in the 1920's. Ms. Propp then questioned if there was sufficient right -of -way area to construct the cul -de -sac and extend to the condominium site's driveway and if there were drainage issues that needed to be addressed. Steve Gohde, Assistant Director of Public Works, stated that there was 60 feet of right -of -way on Adams Avenue and cul -de -sacs have been constructed in various other locations within this amount of right -of -way. He further stated that the storm sewer piping discharges to the river and he was not aware of any flooding issues at this location and the matter could be addressed when Adams Avenue is reconstructed. Mr. Thorns questioned if the existing gravel road on the site could be paved until such a time when Adams Avenue is reconstructed as it already provides access to the condominiums through Lot 1. Mr. Buck responded that this would not be typical for the City to allow as it would create a situation where the private road to the condominium units on the east side would be crossing through other property to gain access to these lots. This was acceptable when the entire parcel was a condominium community but the amendment proposed would be creating individual lots for these four parcels. Mr. Thorns also questioned if the zoning on Lot 1 would allow for duplexes to be developed in the future. Mr. Buck replied that the zoning was C -1PD which would allow duplexes on the parcel and the footprints for the condominium pads could be left on the vacant lot if so desired. The removal of the footprints on the lot would allow the owner to come back for approval of a different plan with a new design, but the City would not object to leaving these footprints on the site plan if the owner so desired. Ms. Lohry inquired if the cul -de -sac had to be constructed as far to the river as it appeared and suggested that a condition be added that the right -of -way not be extended any further than necessary. Mr. Buck responded that he did not believe this could be added as a condition as the right -of -way is not regulated by the planned development and the right -of -way would have to be extended as far as necessary to construct the cul -de -sac which would be determined by the Department of Public Works. Mr. Fojtik suggested that maybe wording could be incorporated into condition 44 to address this issue. Plan Commission Minutes December 7, 2010 Mr. Buck noted that condition 44 has been slightly revised in wording from the version in the staff report and reviewed the revised condition. Mr. Nollenberger suggested that if the owner desired the condominium pad footprints remain in place on Lot 1, it should be added as a condition to this request. Mr. Borsuk wished to clarify that the location of the cul -de -sac could be a recommendation but could not be added as a condition. Mr. Thorns stated that if the Plan Commission cannot place a condition on this request relating to the location of the cul -de -sac that it become a recommendation that it not be extended any further than necessary toward the river. Mr. Borsuk commented that the right -of -way could possibly be extended all the way to the river at the time the road is scheduled for reconstruction if the City determined it was necessary. Mr. Hinz stated that he felt the Plan Commission should not be stepping into the engineering details of road construction and the cul -de -sac should be extended further east past the driveway for safety purposes as to locate it adjacent to the driveway could create traffic issues. Mr. Gohde commented that the cul -de -sac needed to be shaped to function correctly and the City is not going to construct more road than is necessary but it would be required to be appropriately designed. Mr. Thorns questioned if the cul -de -sac will connect to a private drive, would the condominium owners then be reassessed at such a time when the road is reconstructed. Mr. Buck responded that condition 44 addresses that the costs associated with the construction of the cul -de -sac are born by the subject property owners and any road reconstruction on Adams Avenue in the future would be handled by standard assessment policies. Commission members agreed that a condition should be added to maintain the building footprints on vacant Lot 1, accept the revisions to condition 44, and add a recommendation that the cul -de -sac only go the minimum required length necessary to the east to cover the subject property. Motion by Nollenberger to approve a development plan amendment and land division approval for property at 881-916 Adams Avenue as requested with the following conditions: 1. Base standard modification for a lot without public right -of -way frontage. 2. Individual public utilities are provided for each individual lot. 3. Removal of the existing gravel drive on proposed lot I and access to proposed lots 2, 3 and 4 is provided directly from Adams Street, as proposed. 4. Cul -de -sac or "turn- around" be designed and constructed by the Department ofPublic Works with any and all expenses associated with the construction of the cul -de -sac born by the subject property owners with a signed waiver of special assessment. S. Cross access and maintenance easements /agreements between lots 2, 3 and 4 for the private roadway are provided in perpetuity with approval of the City of Oshkosh. 6 Cross access and maintenance easements /agreements between lots 1, 2, 3 and 4 for the docks /channel wall /water amenities and shared utilities are provided in perpetuity with approval of the City of Oshkosh. 7. All agreements are executed and /or sufficient financial bonds or sureties provided to the City prior to staff approving any land divisions as proposed. 8. Maintain current footprints for units on Lot 1. Seconded by Lohry. Plan Commission Minutes December 7, 2010 Mr. Thorns inquired if when the cul -de -sac is constructed if drainage issues will be addressed. Mr. Gohde replied that they would make sure the cul -de -sac had proper inlets but as far as a full blown study, that would not be addressed until Adams Avenue is reconstructed. Motion carried 8 -0. There being no further business, the meeting adjourned at approximately 4:52 pm. (Borsuk/Hinz) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes December 7, 2010