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HomeMy WebLinkAbout04. 13-284JUNE 11, 2013 13 -284 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: ACCEPT PUBLIC UTILITY & SIDEWALK EASEMENTS FROM KWIK TRIP AT 1090 NORTH WASHBURN STREET INITIATED BY: KWIK TRIP INC. PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby accepts a public utility easement and sidewalk easement at 1090 North Washburn Street as part of the construction of a new Kwik Trip convenience store and the redesign and reconstruction of the Westowne Avenue/Washburn Street intersection, per the attached, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. Of HKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: June 6, 2013 RE: Accept Public Utility and Sidewalk Easements from Kwik Trip at 1090 North Washburn Street (Plan Commission recommends approval) BACKGROUND The area included in the easement request includes a single parcel of land with approximately 2.78 acres of area and is located within the 1000 block of North Washburn Street at the three way intersection of State Trunk Highway 211North Washburn Street/Westowne Avenue. Portions of the land had been previously used as an auto sales business that was removed as a result of the Highway 41 /STH 21 intersection reconstruction and the entire site is currently unused with no improvements. Zoning for the entire area is C- 2PD /HWY 41 General Commercial with both the Planned Development Overlay and Highway 41 Corridor Overlay. The Common Council recently approved a conditional use permit /planned development for an automobile service station (Kwik Trip) located on the subject property however the petitioner is requesting modifications of the western driveway access and public utility and sidewalk easements related to the intersection redesign. ANALYSIS As part of the proposed development, the realignment and reconstruction of the N. Washburn Street and Westowne Avenue intersection will require the relocation of existing traffic signals, signal control boxes and underground electric cables. The petitioner offered to grant a permanent easement to the City due to the location and space required for the redesigned driveway which leaves no available area for proper placement of the dislocated traffic signals. The traffic signals and related infrastructure will be located on the Kwik Trip property and has been reviewed and approved by the Transportation Department and the Department of Public Works. The petitioner is also requesting the city accept a public sidewalk easement to accommodate the redesigned driveway. During the approval process of the conditional use permit, a public sidewalk easement was granted to the city for installation of sidewalk on the Kwik Trip property along N. Washburn Street. The subsequent redesign of the driveway has created an unsafe environment for north -bound pedestrians as it could potentially make them vulnerable to traffic leaving the site. As a solution, staff suggested changing the orientation of the sidewalk which would locate it further onto the Kwik Trip property necessitating this easement request. FISCAL IMPACT None anticipated. Kwik Trip will be paying for all associated right of way improvements and using their own contractors. RECOMMENDATION The Plan Commission approved of this request at its June 4, 2013 meeting. Approved, City Manager ITEM: ACCESS CONTROL VARIANCE, ACCEPTANCE OF PUBLIC UTILITY EASEMENT AND ACCEPTANCE OF PUBLIC SIDEWALK EASEMENT LOCATED AT 1090 N. WASHBURN STREET (PROPOSED KWIK TRIP) Plan Commission meeting of June 4, 2013. The access control variance included in this report does not require Common Council approval. The.only action necessary would be for the easement requests. GENERAL INFORMATION Applicant: Kwik Trip, Inc. Property Owners: Convenience Store Investments ACTIONS REQUESTED The applicant is requesting three actions within this petition: A. An access control variance to permit a 95 -foot wide three -lane Class III driveway where a maximum of a 40 -foot wide three -lane Class III driveway is permitted. B. Easement acceptance by the City of Oshkosh to permit traffic control devices /infrastructure located on the subject private property. C. Easement acceptance by the City of Oshkosh to permit construction of public sidewalk on the subject private property. APPLICABLE ORDINANCE PROVISIONS The Access Control Ordinance, Section 25 -104.1 (i)(3) of the Municipal.Coda limits Class III driveway openings to a maximum of 40 feet at the property line and 70 feet at the curb. PROPERTY LOCATION AND BACKGROUND INFORMATION On April 2, 2013, the City of Oshkosh Plan Commission reviewed and recommended approval with conditions; a Conditional Use Permit /Planned Development approval far an automobile service station (Kwik Trip) located at the subject property and approved a two -lot land division involving the subject property. On April 9, 2013, the Oshkosh Common Council approved with conditions the aforementioned Conditional Use /Planned Development request. The applicant is now requesting an access control variance for modification of the western driveway access in conjunction with the CUP /PD condition requiring the redesign and reconstruction of the intersection of N. Washhurn Street and Westowne Avenue. In addition to the Access Control Variance, the applicant is requesting the City's acceptance ofpublic utility and sidewalk easements related to the intersection redesign and reconstruction. The area included in access control variance and easement requests includes a single parcel of land with approximately 2.78 acres of area and is located within the 1000 block of North Washburn Street at the three way intersection of State Trunk Highway 21/North Washburn Street/Westowne Avenue. Portions of the land had been previously used as an auto sales business that was removed as a result of the Highway 41 /STH 21 intersection reconstruction and the entire site is currently unused with no improvements. Zoning for the entire area is C- 2PD/HWY 41 General Commercial with both the Planned Development Overlay and Highway 41 Corridor Overlay. Subject Site Existing Land Use .. Zoning Undeveloped — former Commercial and Right-of-Way C -2 PD/HWY 41 %macent uana use ana Lonin Comprehensive Plan Lrind Use Recorr :raendcrtion - Use Category 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS A. ACCESS CONTROL VARIANCE REQUEST The access control variance is being requested to modify the previously approved code - compliant 40 -foot driveway which consisted of a 12 -foot wide entrance and two 11 -foot exits, separated by a six -foot medianfrumble strip. Due to the potential high volume of traffic, to reduce congestion for vehicles exiting the site and to allow for easier egress for trucks and semis, the Department of Public Works and Transit Department recommended creating a wider dedicated right turn only exit that will bypass the intersection of N. Washburn Street and Westowne Avenue. The newly designed driveway consists of a 15 -foot wide entrance and 14 -foot wide exit aligned southwesterly with Westowne Avenue. The two driveways are separated by an 11 -foot wide raised mountable median with colored stamped concrete. Initially, staff felt that brick pavers should be installed to match the pavers utilized in the islands along Washburn Street. However, staffs opinion now favors the use of stamped concrete over brick pavers since it will be likely heavy trucks will be running across the island, quickly diminishing the life span of pavers. Staff does recommend that prior to construction of the median, the city shall approve the color and pattern of the stamped concrete to ensure it is harmonious with the existing brick pavers along N. Washburn Street. Submitted plans show the raised median to be variable in height; the Department of Public Works recommends that the entire median be raised six inches to better define the boundary of the median. The proposed driveway has a second 20 -foot, seven -inch wide dedicated right turn only exit curving to the west, north of the controlled intersection onto northbound N. Washburn Street. The two exit lanes are separated via a "pork chop" island which will prevent vehicles from entering the site from the northern exit lane. The extra width of the exit lane will allow easier navigation for large trucks and semis exiting the site. Landscaping on the pork chop island is not indicated on the petitioner's landscape plan, however, staff recommends that low lying vegetation be installed to preserve sightlines for vehicles entering onto N. Washburn Street. Overall, the new driveway configuration is approximately 95 feet wide where 40 feet is allowed by code, necessitating the access control variance. Staff believes this new configuration will alleviate potential stacking issues and internal navigation of vehicles entering and exiting the site and supports the request with recommended conditions. B. ACCEPTANCE OF PUBLIC UTILITY EASEMENT The realignment and reconstruction of the N. Washburn Street and Westowne Avenue intersection will require the relocation of existing traffic signals, signal control boxes and underground electric cables. After meeting with city staff, the petitioner offered to grant a permanent easement to the City due to the location and space required for the redesigned driveway which leaves no available space for proper placement of the dislocated traffic signals. Per the submitted traffic control plan submitted by the petitioner, the traffic Reur — 1090 N. Washburn St. ACV Utility& Side walk Easements: Kivik Trip signals and its related infrastructure on the east side of N. Washburn Street will be located just outside the public right -of -way on the Kwik Trip property. The Transportation Department and the Department of Public Works has reviewed the proposed plans and has no issues with the proposed signal layout or location of the signals on private property. The petitioner is working with the Department of Public Works and City Attorney to finalize legal descriptions and easement documents which will go before a future Common Council meeting for consideration. C. ACCEPTANCE OF PUBLIC SIDEWALK EASEMENT The petitioner is requesting the city accept a public sidewalk easement to accommodate the redesigned driveway. During the approval process of the Conditional Use Permit for Kwik Trip and land division, a public sidewalk easement was granted to the city to allow installation of public sidewalk on the Kwik Trip property along N. Washburn Street to allow for a wider terrace area. The subsequent redesign of the driveway has created what staff felt was an unsafe environment for north -bound pedestrians crossing the northern curved exit only driveway. The orientation of the sidewalk and exit lane could potentially make pedestrians vulnerable to traffic leaving the site. As a solution, staff suggested changing the orientation of the sidewalk to cross the northern exit lane perpendicular to the driveway, and then continue north along the exit lane and N. Washburn Street. To accomplish this, the public sidewalk will need to be located further onto the Kwik Trip property necessitating this easement request. The petitioner is working with the Department of Public Works and City Attorney to finalize legal descriptions and easement documents which will go before a future Common Council meeting for consideration. RECOMMENDATION/CONDITIONS Staff recommends: A. Approval of a access control variance to allow for a 95 -foot driveway as requested with the following conditions: 1) Median separating the 15 -foot entrance and 14 -foot exit lanes be a 6 -inch mountable curb with stamped color concrete to match N. Washburn Street brick pavers, as approved by the City of Oshkosh. 2) Any landscaping placed in "pork chop" median separating the exit lanes shall be limited to Iow growth vegetation. B. Approval of the proposed acceptance of public utility easement(s) as requested. C. Approval of the proposed acceptance of public sidewalk easement as requested. The PIan Commission approved of the access control variance, the proposed acceptance of public utility easement(s), and the proposed acceptance of public sidewalk easement as requested with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and reviewed the site and surrounding area as well as the zoning classifications in said area. He explained that the Common Council had recently approved a conditional use permit/planned development for a proposed Kwik Trip at this location and the Plan Commission had approved a Iand division for this parcel for this development. He reviewed the original site plan approved and explained that the driveway access had a condition related to it requiring the redesign and reconstruction of the intersection of N. Washburn Street and Westowne Avenue. After further review, the reconfiguration of this intersection caused concern with safety issues near the drive access for pedestrians and although the overall site plan was generally the same, the driveway required some revisions which was the reason for the access control variance and easements requests presented today. He described the Item — 1090 N. Washburn 5t. ACT! Utility & Sidewalk Easements: Kwik Trip revisions to the drive access and reviewed the turning radius for trucks, exit lanes, and internal movements on the site and location of pedestrian sidewalks. He also reviewed the conditions recommended for this request which are applicable to the access control variance only. He also described the necessity to move the traffic signals and related infrastructure onto the Kwik Trip property related to the intersection redesign and reconstruction which is necessitating the request for the public utility easement. He also discussed the sidewalk easement request which an easement was initially granted on N. Washburn Street when the conditional use permit/planned development was approved, however the easement would need to be relocated due to safety issues with the change in the drive access. Ms. Lohry commented that she felt the concept was difficult to understand as this intersection is already challenging. Mr. Burich responded that the revised plan just adds lanes to the drive access as the truck turning radius on the original plan is not adequate. The revisions will not affect Westowne Avenue and will enable trucks to maneuver in and out of the site with fewer difficulties. Mr. Vajgrt questioned the references in the staff report to a 93 -foot wide driveway and a 95 -foot driveway and asked for clarification of which one was correct. Mr. Nau replied that the 95 -foot wide driveway was correct. Troy Mleziva, Real Estate Development Manager for Kwik Trip, 1626 Oak Street, LaCrosse, stated that Ire was present for any questions the Commission may have regarding the revisions to the site plan. Ms. Propp inquired if the city was requiring landscaping on the "pork chop" island area. Mr. Nau responded that the city was not requiring specific landscaping on this island however there is a condition limiting any landscaping to low growth vegetation to provide adequate visibility. Mr. Burich added that landscaping could be requested to be incorporated into the island if the Commission felt it necessary. Mr. Vajgrt commented that landscaping may not be possible on the island as it appears that sidewalk would be placed through that area. Mr. Nau responded that there was a small area that could be landscaped however any vegetation must be lower than 40 inches tall. Ms. Tropp felt the revisions to the site plan were an improvement to the development. Motion by Vajgrt to approve the access control variance to allow for a 95 foot wide driveway and the acceptance of public utility and sidewalk easements located at 1090 N. Washburn Street with the following conditions applied to the access control variance: 1) Median separating the 15-foot entrance and 14-foot exit lanes be a 6 -inch mountable curb with stamped color concrete to match N. Washburn Street brickpavers, as approved by the City of Oshkosh. 2) Any landscapingplaced in "pork chop" median separating the exit lanes shall be limited to low growth vegetation. Seconded by Borsuk. Motion carried 8 -0 -1. ( Ayes- Borsuk/Fojtik/Hinz /Cummings / Propp/ Lohry/hajgrt/Nallenberger. Abstained - Bowen. (His employer is involved with the development of the site) Item — 1090 N. Washburn St. AC[, Utthty & Side walk Easements: Kwik Trip ( 0 Of- KO-fH ON THE WATEn APPLICANT INFORMATION City of Oshkosh General Application "PLEASE TYPE OR PRINT USING BLACK INK "} Petitioner: Kwik Trip Inc. - Leah Berlin city: La Crosse Petitioner's Address: 1626 Oak Street Telephone 4:(608) 793 - 6461 Fax: ( 608) 781 - 8960 Status of Petitioner (Please Check): DOwner oPepresentative Q✓ Tenant []Prospective Buyer bVu wS Leah Berlin `M-L hE , > aiu W by L1 %MF f�pn[,YlaeFng eef.q. Petitioner's Signature (required): ""'"`"`" `� Date: / ONC3a1,4Sla Ik+Y'��»a OWNER INFORMATION owner(s): Convenience Store Investments Date: 5 -17 -13 Owner(s) Address: 1626 Oak Street City: La Crosse State: WI zip 54603 Telephone #: ( 608) 793 -6461 Fax:( 6o8) 781 -8960 Other Contact # or Email. Iberlln @kwiktrip.com Ownership Status (Please Check): []Individual Trust D✓ Partnership nCorporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. �; DI s ng igned by Leah d BerM k Leah B e r l i n .,DN, m= Leahkr1h" wtkTriP U+��5,° °e f E4icw', muiFberfmgwikt�ip,corm c =US Property Owner Signature: � Date: l�JWX819 -.4 +� Access Control Variance Easement Privilege in Street (identify) Other (identify) SITE INFORMATION Address /Location of Proposed Project: 5E corner of Hwy 21 and Washburn Proposed Project Type: Commerical - Convenience Store Current Use of Property: Vacant Land Uses Surrounding Your Site: North: Commercial South: Commercial CP 3 -PD East: Commercial West: Commercial ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee, FEE IS NON - REFUNDABLE For more information please visit the City's website at www.ci.oshkosh.wi.us /Connnunity Developm jnt/Plannuig.htui f Staff DateRec'd SUBAAIIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236 -5059 Date: 5 -17 -13 Stake : - zip: 54603 Other Contact # or E @kwiktrip.com 4A Kelly Nieforth - Economic Development Specialist City of Oshkosh- Community Development Dept. 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903 -1130 May 23, 2013 Dear Ladies and Gentlemen, Kwik Trip Inc. is requesting the review and approval for an Access Control Variance for the proposed store construction located at N. Washburn and Westowne. A site plan has been previously approved. The request is to add a dedicated right turn out from the site to north bound N. Washburn. After review meetings with City staff, it was determined that the addition of this right turn out would help with semi -truck movements and the queuing and timing of the stop light that is being modified at the intersection. This change also addresses some of the pedestrian crossing concerns by shortening the path of travel. We appreciate your time and consideration. Please call me at 608 - 793 -6461 if you have any questions. Sincerely, Leah N. Berlin Store Engineering Kwik Trip Inc. Our Mission; 'To serve our customers and community more effectively than anyone else by treating our customers, RAP co-workers and suppliers as we, personally, would like to be treated, and to make a difference in someone's life.' Kwlk Trip & KYA Star Stores . Tobacco Outlet Plus - Convenience Transportation, f_!C • Hearty Platter Restaurants & Cafes 5 LEOCHD Rw � Ns +rwr n IN r-, N 811 � ► LEOCHD Rw � Ns +rwr n IN r-, N + alr T O. Pr ili 1 ! 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ZeX 3G' P i J Ar 0 PULL BOX. 24' X 42' P I SIGNAL HEAD NUMBER � R RED CIRCULAR INDICATOR zx h C 0 h Y YELLOW CIRCULAR INDICATOR / © GREEN CIRCULAR INDICATOR © RED ONI ARROW AR 71ELLOBI ARROW T � Y� , \ 1 �•_, ®e GREEN ARROW S .g A o h •r * C. \ `` / NOTE: ALL VFNICULAR LENSES ARE 12-INCH RAYS HAOE REPRESENTS EXISTING v.K i lai 4 POa ~ gyp .y� S `� 4b IIVS 6P 61 ` � , WAS $ R �S �. 41 E T , ~ PR -- HO�� / 0 � RTw E COrISTRUCT ION NOTE5: R Y. - LOCATION 15 i0 FRONT CENTER OP THE DETECTOR LOOP. LOOP SHALL RE CENTERED IN TRAFFIC ' 5/20/2013 uN�. INSTALL LOOPS ACCORDING TO SOD SPECIFIED, DISTANCE BETWEEII MULTIPLE STOP OAR LOOPS SHALL BE B FEET. `1 Z. ALL SIGNAL OF EGUIPAENT SHALL BE INSTALLED WITH A 2400T MIN[WW 3-FOOT DESIREABLE CLEARANCE TO TIIE NOT APPROVED FACE OF THE CURD UNLESS DIRECTED DTRERW,SE BT THE ENGINEER. 3• THE CTOR SHALL NAVE THE PULL BOXES AND COROUIf RUNS INSPECTED BEFORE PLACING SIGNAL CABLE ,A \h� �'{N"� FOR CONSTRUCTION INTO THE HE ST STS II. {` 1`Ty' f. D0NO ALL MEIAL PULL BOXES AND ASSOCIATED COVERS THAT CONTAIN CONDUCTORS CARRYING 50 VOLTS OR "RE. 1 3• TERNIAT ION OR poNp IKG JUMPERS 1N RILL BOXES TO BE LUG AND BDLY CONNECTIONS AND ME TO DE CAULKED �`� � + - to 6 ISILICONEl AFTER NISTALtATION. 5. EACH LOOP DETECTOR SHALL HAVE A SEPARATE l L1 0 TV I LL, TO THE CONTROL CAaIIIET• ['� \ LL _N TRAFFIC CONTROL SIGNAL 7. THE LOCATIONS OF EXISTING AND PROPOSED VTIL ITT INSTALLATIONS ARE APPROTfMATE• THERE }µT BE PTNER \` \ ��, R Y ' � ( �� L n Y nV' 1�1I N WASRBi1RN ST >4 WESTOYINE AVE UTILI TT [NSTALLATfONS WITHIN THE PROJECT AREA MICK ARE NOT SKEW. ,� a. THE ENGINEER WILL ADJUST SHE LOCAllaRS OF ITEMS UNDER TKIs CONTRACT TO AVOID CONFLICT NI TH V.j CITY OF OSHKOSH Ex ISTING UTILITY FACILITIES. �` _�/<7 WINNEBAGO COUNTY 9. RUN 2 - 21/C W4 SIGNAL CABLES IN EACH DIRECTION AROUND TNTERSECIIOx FR @A TRAFFIC SIQJEL CABINET. rm' \' + ' CT1T Or OSNRBSH PERSONHEL WILL A:AWE TERM[HATIONS. `v \ }`� slam CES ED M . c ll ."ME. 6ri A. r.IT rrADe PAGE I OF 2 PROJECT NO: jHwY.LocAL ROAD COUNTY:WINNEBAGO TRAFFIC SIGNAL PLAN I SHEET J FILE NAVE : Prpp t SAaalA.d� ROT GATE . S20ROW PLOT BT [ ,FATT -TADT PLOT NAME : RAT SCALE : 0.00 11 , in. TOSOOT /CADOS SKEET 42 2 y The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map (sydatasets are provided for information purposes only and may not be suffident or appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS' without warranties of any kind and the Cityof Oshkosh assumes no liability for use or misuse. JAGIMPlaWnp4Plan Commission Site Plan Mao TerndataTlan Commission 8i a Plan Man Temolale_wd 1 in = 0.03 mi I in =150 ft Printing Date: 5/2912013 Prepared by: City of Oshkosh, WI y O.IHKOfH aH - me WATER 11— AnKn m The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map (sydatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided `AS -IS" without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse, JAGiSlPlanninolPlan Commission Re Plan Map TemDlareTlan Commission Site Plan Map 1 in= 0.19mi 1 in =1,000 ft Printing Date: 5/2912013 Prepared by. City of Oshkosh, Wi - 0 OYHKafH ON THE WATER User: debore