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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES December 4, 2012 PRESENT: David Borsuk, Ed Bowen, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp, Donna Lohry, Robert Vajgrt, Karl Nollenberger EXCUSED: Jeffrey Thoms 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 20, 2012 were approved as presented. (Vajgrt/Hinz) I. EXTRATERRITORIAL TWO-LOT LAND DIVISION/CERTIFIED SURVEY MAP AT THE SOUTHWEST CORNER OF STATE HIGHWAY 26 AND COUNTY ROAD N IN THE TOWN OF NEKIMI This request involves a two-lot land division/certified survey map from one existing parcel containing a total of 14.568 + acres. Sizes of the proposed lots are as follows: Lot 1 = 6.543 Acres Lot 2 = 7.558 Acres R/W = 0.467 Acres Mr. Nau presented the item and reviewed the site and surrounding area and explained the reasoning for the land division. He further stated that the request was consistent with the City’s Comprehensive Plan and reviewed the two recommendations that the Department of Public Works was making to Winnebago County prior to their approval of the certified survey map. Mr. Borsuk questioned if there was sufficient right-of-way for dedication at such a time that Highway 26 would be expanded to a four lane road. Steve Gohde, Assistant Director of Public Works, responded that there was 123 feet of right-of-way to the west and 65 feet to the east which would be more than adequate area for the highway expansion. Mr. Hinz inquired if the recommendations to the County should be added as conditions for approval of this request. Mr. Nau responded that when approving a certified survey map, it is only necessary to determine if it is consistent with the Comprehensive Plan and no conditions are usually added to such requests. Motion by Nollenberger to approve the extraterritorial two-lot land division/certified survey map at the southwest corner of State Highway 26 and County Road N in the Town of Nekimi. Seconded by Cummings. Motion carried 9-0. __________________________________ Plan Commission Minutes 1 December 4, 2012 II. RIGHT-OF-WAY DEDICATION AT 600 SOUTH KOELLER STREET AND 1700 TH BLOCK WEST 7 AVENUE The petitioner is requesting two right-of-way dedications to facilitate the development of a CVS pharmacy/retail building with drive-thru and associated site amenities at the northeast corner of West th 9 Avenue and South Koeller Street. Mr. Buck presented the item and reviewed the site and surrounding area and stated that the right-of- th way dedication was necessary for the road closure of West 7 Avenue. He also reviewed the two areas proposed for the dedication and stated that a condition should be added to this request that the improvements within the dedicated area will need to be removed. He further commented that the th right-of-way dedication at 600 South Koeller Street was to relocate the intersection at West 7 Avenue and South Koeller Street to allow left turns and the proposal has been reviewed by City staff to ensure functionality. Ms. Lohry questioned if the intersection would be moved. Mr. Buck indicated that the intersection would be moved approximately 55 feet to the west. Mr. Cummings inquired who the multiple owners of the properties affected were. Mr. Buck responded that until property acquisitions were completed, there were several residential property owners and the Red Robin Restaurant. Ms. Propp questioned if the property owners were in favor of the right-of-way dedications proposed. Mr. Burich replied that the entire project was contingent on CVS being able to obtain the properties and this process was relatively common when it comes to development as they want assurance of the development’s approval prior to actually acquiring the land. He further stated that there were offers to purchase on the residential properties as well as the restaurant. Mr. Cummings inquired if there would be any costs to the tax payers. Mr. Burich indicated that there would be a developer’s agreement put in place to cover the costs of the development and the City would not be covering any of the costs related to this project. Mr. Bowen questioned if this development would be complete if the right-of-way dedication was approved. Mr. Burich responded that no other Plan Commission actions should be necessary. Mr. Cummings commented that he felt the land should have been acquired prior to all the plans coming forward. Mr. Burich replied that this was not uncommon with developments however this project was more complicated due to the multiple property owners involved. Motion by Vajgrt to approve the right-of-way dedication at 600 S. Koeller Street and 1700 th block W. 7 Avenue with the following condition: __________________________________ Plan Commission Minutes 2 December 4, 2012 1)Improvements in the dedicated area will need to be removed prior to acceptance. Seconded by Bowen. th Ms. Propp stated that she would not support this request as she felt it was an error to cut off 7 Avenue from Koeller Street and she felt it should have been left open to traffic for safety reasons. th Mr. Vajgrt commented that if you take Lilac Street to 7 Avenue, it leads to Westfield Street; therefore th closing off this section of 7 Avenue should not create any safety issues for the Fire Department. Mr. Burich added that the Fire Department reviewed this proposal and felt that they would still be able to adequately service the neighborhood and the street closure was the preference of the neighborhood property owners and not city staff in this instance. Motion carried 8-1. (Ayes-Borsuk/Bowen/Fojtik/Hinz/Cummings/Lohry/Vajgrt/Nollenberger. Nays-Propp. III: DEVELOPMENT PLAN AMENDMENT AT THE PAINE ART CENTER AND GARDENS MUSEUM, ART CENTER AND COMMUNITY CENTER AT 1410 ALGOMA BOULEVARD The petitioner requests approval of a Development Plan amendment to allow the relocation of a wall closer to Elmwood Avenue as well as permit it to be chain-link fence on a temporary basis. Mr. Buck presented the item and reviewed the site and surrounding area as well as the history of the previously approved planned development. He explained that the amendment was to address the proposed temporary fence and the reduced setback for both the temporary fence and permanent wall. He explained that the garden renovations were scheduled to be constructed in 2014 however the petitioner needed to secure the area along Elmwood Avenue due to vandalism and the temporary fencing was being requested to be allowed until 2016 in case the project was delayed. The setback was being requested to be reduced from eight feet to three feet in the northern most section of the property to allow for placement of a handicapped ramp and the angled sidewalk along Elmwood Avenue would allow the separation between pedestrians and the property wall to still be substantial. He also reviewed the conditions recommended for this request. Mr. Bowen questioned if there was any type of maintenance covenant to ensure that the fabric covering on the temporary fence would be maintained appropriately. Mr. Buck responded that City ordinance would require the fence would have to be maintained in good condition until such a time that the permanent wall is constructed. Aaron Sherer, Director of the Paine Art Center and Gardens, 1410 Algoma Boulevard, distributed a brochure to Commission members regarding the new formal garden to be constructed and stated that he was present for any questions the Commission may have regarding this request. Motion by Vajgrt to approve the development plan amendment at the Paine Art Center & Gardens Museum, Art Center and Community Center at 1410 Algoma Boulevard with the following conditions: __________________________________ Plan Commission Minutes 3 December 4, 2012 1)The proposed six foot tall chain-link fencing with fabric screen is permitted to remain in place no later than December 2016. 2)Base standard modification to allow six foot tall temporary chain-link fencing with fabric screen and permanent wall with three foot Elmwood Avenue setback, as proposed. Seconded by Cummings. Motion carried 9-0. There being no further business, the meeting adjourned at approximately 4:29 pm. (Vajgrt/Bowen) Respectfully submitted, Darryn Burich Director of Planning Services __________________________________ Plan Commission Minutes 4 December 4, 2012