HomeMy WebLinkAboutWEEKLY NEWSLETTER (3)
PLAN COMMISSION MINUTES
September 3, 2013
PRESENT: David Borsuk, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen
Propp, Karl Nollenberger
EXCUSED: Ed Bowen, Donna Lohry, Robert Vajgrt
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey
Nau, Associate Planner; Allen Davis, Director of Community Development; Lynn
Lorenson, City Attorney; Steven Gohde, Assistant Director of Public Works; Chris
Strong, Director of Transportation; 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 August 20, 2013 were approved as presented. (Hinz/Cummings)
I. GRANT PRIVATE UTILITY EASEMENTS FOR PROPERTY LOCATED AT THE
NORTHEAST AND SOUTHEAST CORNERS OF CHURCH AVENUE AND DIVISION
STREET
Wisconsin Public Service is requesting the City of Oshkosh to grant two separate private utility
easements to allow placement of guy poles, guy anchors and guy wires on city property at the 400
Block West and Division Street Parking Lots.
Mr. Nau presented the item and reviewed the site and surrounding area as well as the site plan for the
proposed easement. He explained the reasoning for the easement request and stated that the
Department of Public Works and the Transit Department had no concerns with this request and the
City Attorney would be working with Wisconsin Public Service to record the appropriate documents at
the Winnebago County Register of Deeds.
Mr. Borsuk questioned if there were any further plans to remove overhead power lines in this area.
Chris Strong, Director of Transportation, responded that Wisconsin Public Service was in the process
of cleaning up some old infrastructure in this area and it was not the intent to underground all the
wiring in the downtown.
Mr. Thoms questioned why the plans referenced new utility poles if they were undergrounding the
wiring.
Mr. Strong responded that the work being completed was to extend up to the crossing of Parkway
Avenue and the project was to re-route the current facilities not to underground all the utilities in the
downtown area.
Mr. Borsuk inquired if this project could be part of burying all the utilities in this district and if the
Commission could look at this plan in its entirety.
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Plan Commission Minutes 1 September 3, 2013
Mr. Burich replied that this is not part of a plan to underground all the utilities in the downtown district
and the Common Council had discussed this matter and decided that this would be considered as part
of major reconstruction projects for gateway streets.
Steve Gohde, Assistant Director of Public Works, commented that the goal was to underground the
th
utilities in time and the first street would most likely be 9 Avenue which was scheduled to be
reconstructed between 2015 and 2017. He further commented that the easement request today was
necessary.
Mr. Burich added that this project will remove the wires that are currently attached to the buildings in
the downtown area.
Mr. Gohde agreed and added that Wisconsin Public Service needs to remove the guys from the
buildings for liability reasons.
Motion by Nollenberger to approve granting private utility easements for property located at
the northeast and southeast corners of Church Avenue and Division Street.
Seconded by Borsuk. Motion carried 7-0.
II. STREET VACATION OF AN ALLEY LOCATED BETWEEN MOUNT VERNON AND
ASHLAND STREETS, FROM E. SMITH TO LIBBEY AVENUES
The City requests the vacation of a 16 foot by 603.80 foot alley located between Mount Vernon and
Ashland Streets from E. Smith to Libbey Avenues.
Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and
zoning classifications in said area. He stated that the City was unaware that the alley still existed and
described the history of the area. He reviewed the condition recommended for this request to place a
utility easement over the entire vacated area.
Mr. Thoms questioned if the City placed a utility easement over all the other alleys at the time they
were vacated.
Mr. Nau responded that he was not sure of some since they began vacating these alleys as far back as
the 1960’s but utility easements are typically placed over these areas currently.
Mr. Thoms then inquired what happens if the utility company needs to access this area.
Mr. Burich responded that this is the reason the city retains easement rights in these areas as it was a
possibility.
Mr. Gohde added that very few areas that were previously vacated do not have this condition and that
unnecessary right-of-way has been vacated since the 1930’s or later.
Commission members briefly discussed the practice of maintaining easements in vacated areas of the
city.
Mr. Borsuk questioned if any utilities in this area would be registered with Digger’s Hotline as it was
not referenced in the conditions.
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Plan Commission Minutes 2 September 3, 2013
Mr. Gohde responded that this request does not involve the placement of utilities in this area therefore
adding this condition was not an appropriate requirement in this case.
Susan Hansen, 2344 Mt. Vernon Street, stated that she had resided at this property for 14 years and
was never notified that the area behind their home was not their property as the City never maintained
this area. She voiced her concerns with what was going to happen after the alley was vacated and this
easement placed on the area and questioned if they would be taxed on the additional land area.
Mr. Nau replied that the land would be deeded onto their property and the easement would ensure that
any utility companies with equipment in that area would be allowed access to the property.
Ms. Hansen questioned the existing fence they have in the easement area and if a utility company
would take it down if access was necessary, would it be repaired when the work was completed.
Mr. Burich responded that if property owners place structures such as fences in an easement area the
utility company could remove it to gain access however they have no obligation to replace it.
Mr. Nau added that if the alley remains city right-of-way as it currently exists, the City could order the
fences and any other structures removed from it as it is not part of the property owner’s land.
Mr. Borsuk questioned if this type of situation is subject to adverse possession.
Mr. Nau responded negatively.
Mr. Borsuk inquired about when property is bought or sold if an alley such as this would have been
disclosed.
Mr. Nau responded that it would show up if a title search was completed at the time of sale.
Mr. Cummings added that the Assessor’s office indicates the size of the lot on your tax bill and the
width and depth of the lot should also be disclosed at the time of sale.
Ms. Hansen stated that the City has not maintained this property in years and she had concerns that a
utility company could come in and destroy her property and not return it to its original condition with
these easement rights.
Mr. Nau indicated that it was similar to terrace areas in front of homes which are required to be
maintained by property owners but is the property of the City so structures or other features were not
allowed to be installed in these areas.
Mr. Burich added that this issue came to the City’s attention as a property owner came in for a building
permit to install a fence and was denied due to the presence of the right-of-way and if the area was
vacated, the property would be deeded to the adjacent property owners who could then legally install a
fence if they so desired.
Ms. Hansen commented that they would have to pay additional property taxes on the land and still had
concerns about the utility easement on their property.
Mr. Burich stated that every subdivision has some type of easements in the area and further discussed
the ramifications if left as right-of-way or vacated with a utility easement remaining.
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Plan Commission Minutes 3 September 3, 2013
Ms. Hansen stated that terraces are restored when utility work is done however she had concerns that
with the utility easement in place that they would not be responsible for damages to items such as her
fence.
Lynn Lorenson, City Attorney, commented that landscaping should be restored if damaged however
fencing is not included unless it would be specifically stated in the easement documents signed with
the utility company and property owners.
Mr. Hinz questioned if the utility company would only be able to maintain existing utilities and would
not be allowed to add new utilities in this area.
Mr. Burich responded that they have a legal right to be within the easement area and the property
owner who desired to install a fence will not be allowed if the right-of-way area is not vacated.
Ms. Lorenson quoted from the Wisconsin State Statute book regarding easements and their rights and
concluded that they have the right to access this area currently as it is City right-of-way.
Mr. Thoms stated that the City could have all the fencing in this area taken down as they cannot legally
be located in the right-of-way. If this alley is vacated, all the fencing would become legal however
building anything in an easement area is at the owner’s risk and questioned what utility company the
easement agreement would be for.
Mr. Burich replied that the utility easement document dictates what can and cannot be done and the
City is maintaining the easement as to statutory rights. Utility companies usually provide adequate
notice that any work is going to be done prior to its commencement.
Further discussion ensued on the advantages of vacating this area of right-of-way, what the utility
company would have the right to do, and the amount of land that would be added to each property
owner’s parcel. It was determined that the taxes would not increase that dramatically for an additional
800 square feet of land and if vacated, the fences already installed would become legal and would
allow other property owners the right to install a fence if desired. It was also determined that the alley
would not be improved upon in the future if vacated as it would no longer be City right-of-way.
Jay Karner, owner of the three vacant lots on Ashland Street, stated that he felt it would be ludicrous
not to vacate this area and that utility companies are very conscientious about working in an easement
area and he had no concerns about the vacation due to the utility easement.
Motion by Nollenberger to approve the street vacation of an alley located between Mount
Vernon and Ashland Streets, from E. Smith to Libbey Avenues with the following condition:
1. A utility easement is placed on the entire vacated alley for any existing private
utilities/structures.
Seconded by Borsuk. Motion carried 7-0.
III. LAND DISPOSITION AND DEVELOPMENT PLAN REVIEW FOR A MULTIPLE
FAMILY APARTMENT DEVELOPMENT ON PROPERTY LOCATED IN THE
MARION ROAD REDEVELOPMENT AREA (431 MARION ROAD)
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Plan Commission Minutes 4 September 3, 2013
The City of Oshkosh is requesting disposition of 2.35 acres of land within the Marion Road
Redevelopment area and Oshkosh River Development, LLC has submitted site plans and elevations for
Development Plan Review for The Rivers II, a multiple family apartment building to be located on
Marion Road along the Fox River.
Mr. Buck presented the item and reviewed the site and surrounding area and stated that the land was
owned by the City of Oshkosh Redevelopment Authority and would be sold to the petitioner if their
request was approved. He reviewed the site plan and discussed features of the development and the
driveway access as well as the possibility of the need for a cross access agreement between this site
and the vacant site to the east. He also discussed the internal pedestrian walks, signage, landscaping
and lighting plans, storm water detention plans, building elevations, and the proposed balconies for the
development which staff did not feel were aesthetically pleasing. He also reviewed the conditions
recommended for this request.
Mr. Borsuk commented that he was aware that discussion was transpiring with the developer however
he thought the location of the proposed development was going to be adjacent to “The Rivers”
apartments instead of in the middle of the remaining lot.
Allen Davis, Director of Community Development, stated that the development was relocated from the
original site due to the amount of contamination in this area. Locating the building in the area that was
remediated would be less costly than trying to place it adjacent to the existing apartment building as
the funds that it would cost to remediate that part of the property would drive up the costs
substantially. As the development is proposed, the parking lot would cap the contamination on the
site.
Mr. Thoms stated that the contaminated soil will eventually leak down to this site even if capped.
Mr. Davis responded that any contamination that leaked from the site should move toward the river
and not east or west of the site. He displayed on the map where the most contaminated soil is located
and stated that if the building would be situated on the contaminated soil, it could leak into the
structure. He further stated that there are no guarantees when working with a site such as this one but
we were working with the Wisconsin Department of Natural Resources (DNR) on the issue and taking
their advice in regard to containing the contamination. If buildings were located on the most
contaminated area, it may require the installation of a vapor intrusion system which would increase
costs to the developer.
Mr. Cummings questioned the need of capping the site with a parking lot.
Mr. Davis responded that it would be much more costly to attempt to develop the area.
Mr. Borsuk commented that he was real uncomfortable with this parcel.
Mr. Davis indicated that the parking lot must be placed over this area to cap the contamination
however the remaining lots are still developable.
Ms. Propp questioned if it would have to be a parking lot or could it remain as green space.
Mr. Davis responded that it could be green space however the safest version of this scenario is to
locate a parking lot over it.
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Plan Commission Minutes 5 September 3, 2013
Ms. Propp then questioned if that small of an area would still be marketable for development.
Mr. Davis replied that the Redevelopment Authority (RDA) would be meeting later in September to
discuss this matter.
Ms. Propp inquired if the RDA had not yet reviewed this, if we are getting ahead of ourselves by
presenting the proposal to the Plan Commission at this time.
Mr. Davis responded that the RDA meets about the same time as the Common Council and the RDA
only approves of the land disposition. The planned development requires going to both the Plan
Commission and the Common Council for approval.
Mr. Hinz confirmed where the most contaminated area was located as well as the building’s
requirements for development.
Mr. Thoms questioned the access walkway from the public sidewalk to the riverwalk and why it was
not part of the requirements for the development. He felt it should be required by the RDA.
Mr. Davis replied that it could not be included as yet with this development as the walkway would be
located on Lot 1 and this development is proposed to be on Lot 2.
Mr. Thoms felt it should be included in the conditions recommended for this request or officially
mapped to ensure that we will have the walkway in place regardless of the development that may come
forward at a later date for Lot 1.
Discussion continued regarding the cleanup of the site and if it was adequate. It was determined that
the DNR would be satisfied with capping it with the parking lot and the City has no additional funding
budgeted for further cleanup of the contamination. The City has a good idea of what is down there and
the practice of capping off a contaminated site is a common process.
Mr. Cummings did not feel that a parking lot along the river was good planning.
Mr. Davis indicated that this was the best barrier for intrusion of the contamination however it could be
used as green space but the City would have to confer with the DNR before proceeding with that plan.
Mr. Thoms commented that he had concerns with items such as a base standard modification for
density and the fact that the Plan Commission still has not seen any design standards for riverfront
development. He felt we were piece-mealing the site developing only portions at a time. He felt that
we were going to want a parking area near the riverwalk however he did not wish to see it right on the
river. He discussed other structures in the area and stated his concerns with needing or wanting a 5-
story building on the riverfront as it will block the view of the river for any other developments. He
questioned whether we should handle these issues on a one-on-one basis or should we have set
standards for the riverwalk area.
Mr. Borsuk stated that the Commission should go with the Comprehensive Plan for guidance and the
general planning process. The City has desired to create a more urban development in this area
however redevelopment plans or vision reports would be helpful as well.
Mr. Burich commented that the Commission should be considering if this development is consistent in
this district.
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Plan Commission Minutes 6 September 3, 2013
Mr. Thoms inquired about what the saturation rate for apartments was in the community and what the
target market was. He felt we were putting the cart before the horse as there was not enough
information provided to make an informed decision.
Mr. Cummings stated that the staff report referred to the land disposition to the petitioner and
questioned what the selling price would be.
Mr. Davis responded that the price was $1.00.
Andy Dumke, 2030 Menominee Drive, stated that he was present as the petitioner for this development
and a market study was completed and came back favorably. He further commented that the
previously constructed apartment units they have recently completed filled up successfully.
Mr. Borsuk questioned if the apartments would be market based prices and what the size of the units
would be.
Mr. Dumke explained that 20% of the housing units would be subsidized housing and the formula for
calculating the market rent rates which are considered low in this community. He stated the units
would be 950 to 1035 square feet in size.
Mr. Hinz inquired if he had any thoughts about placing the public walkway along the edge of the
building.
Mr. Dumke responded that it was considered but it was too cost prohibitive.
Mr. Thoms questioned aesthetically how this development would compare to “The Rivers”.
Mr. Dumke replied that it was very comparable however it had a more industrial look similar to
housing units on the water in Milwaukee or Madison.
Mr. Thoms then questioned how he feels about the column based balconies discussed.
Mr. Dumke responded that he liked the look better however it will cost about $80,000 more and they
do not have funding in the project to cover this.
Mr. Burich added that the petitioner was open to more decorative steel work on the structure.
Mr. Borsuk inquired what the specific rental rates would be and who would be the target audience for
these units.
Mr. Dumke responded that the rates would be $900-$1075 per month and was targeted for young
professionals who wanted to reside near the downtown area and not necessarily for families. The
original plan was to place this development adjacent to “The Rivers” however with the contamination
issues, they are now considering placing this development on Lot 2 and would develop another
apartment building in between the two sites that would be a smaller complex. The contamination
plume cannot be removed and the parking for the development can only go in this area. He also stated
that condominiums were considered however they would not work here.
Mr. Borsuk questioned what the estimated costs would be to remove the remaining contaminated area.
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Plan Commission Minutes 7 September 3, 2013
Mr. Davis indicated that millions of dollars would be necessary to accomplish this and the City has
received grant funding to remediate the site and TIF money was necessary as well. He further
explained the costs involved and that the City could not pay off the overall TIF costs if the remediation
becomes any more expensive. He discussed the scenario if the remaining lot could not be developed
and how much funding was required to pay off the TIF. He concluded with this development based on
density and value makes sense for this site.
Mr. Nollenberger commented that he had no issues with the density on this site and that a parking area
for the riverwalk would be a needed amenity.
Mr. Thoms inquired if the City has considered borrowing from other TIF districts to assist this TIF.
Mr. Davis responded that they have thought about it and embellished somewhat on which ones could
be considered.
Mr. Cummings stated that there has been a lot of discussion about a vision for the riverwalk area and
he felt that Oshkosh was architecturally challenged. He also felt that we were piece-mealing things
together to develop the site and that we need a vision for the area for guidance on what we would like
to see there.
Mr. Borsuk agreed but stated that he would reluctantly support the request after further understanding
of the contaminated plumed area. He further stated that the City had no vision developed for this area
and he felt they were afraid to wait for other proposals however he would like to see some cohesive
plan for the riverwalk area.
Mr. Thoms commented that he felt it was paramount to develop some type of plan as we owed this to
the community and the City should target market businesses for this area. We also need to decide if
we want park area in this vicinity or just buildings.
Mr. Fojtik stated that we need to determine if we want a vision for downtown or a vision for the
riverwalk. He further commented that design standards that we could develop would most likely not
be supported by the community. He felt we should be developing an urban riverfront area not parking
space.
Mr. Hinz agreed that the City does not have a plan for this area although there is some cohesion here.
He was unaware of who can develop in the area right now and the Commission needs to know what is
going on and he felt better communication was necessary.
Mr. Cummings commented that a lot of cities evolved around rivers and we should look at more areas
than what is in Wisconsin. He also felt a sizable rendering of the developments would help as they
need a better idea of what it would look like to make an informed decision.
Mr. Thoms stated that both Indianapolis and Vancouver did a good job of renovating their riverfront
areas and he felt we need to identify what kind of businesses we want to attract as success breeds
success.
Ms. Propp commented that the Plan Commission is looking at a better riverfront vision and 5-story
apartment buildings should not line the river. She further stated that she understands the issues and
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Plan Commission Minutes 8 September 3, 2013
feels the base standard modifications were necessary in some cases however the balconies seemed to
be the only real issue and the developer has stated that it would be too costly to construct.
Motion by Nollenberger to approve the land disposition and development plan review for a
multiple family apartment development on property located in the Marion Road Redevelopment
Area (431 Marion Road) with the following conditions:
1)Base standard modification to setbacks; front yard (Marion Road) setback from 25 feet to 20
feet, western side yard setback from 19 feet to 10 feet, eastern side yard setback from 19 feet to
10 feet and southern rear yard (riverfront) setback from 40 feet to 8 feet 6 inches.
2)Inclusion of a fire hydrant near the building as approved by the Fire Department.
3)Connect the walk areas where it crosses the underground parking entrance drive as approved
by the Department of Community Development.
4)Base standard modification to allow the ground sign setback on north lot line from 25 feet to
13 feet.
5)Base standard modification to omit an internal parking lot island in the west parking lot with
enhanced landscaping installed in the area where the island would be located.
6)Balconies are either column or cable-hung supported as approved by the Department of
Community Development.
7)Base standard modification to allow one unit per approximately 1,280 square feet land area
and a building height of 53 feet 6 inches.
Seconded by Borsuk. Motion carried 7-0.
Commission members decided to discuss items IVA and IVB together as they are in conjunction with
each other.
IVA. ZONE CHANGE FROM C-1 NEIGHBORHOOD BUSINESS DISTRICT WITH
PLANNED DEVELOPMENT OVERLAY AND R-2 TWO FAMILY RESIDENCE
DISTRICT TO R-3 MULTIPLE DWELLING DISTRICT WITH PLANNED
DEVELOPMENT OVERLAY FOR PROPERTY LOCATED AT THE 4300 BLOCK OF
JACKSON STREET
This item is a request for a zone change from C-1 Neighborhood Business District with Planned
Development Overlay and R-2 Two Family Residence District to R-3 Multiple Dwelling District with
Planned Development Overlay.
IVB. DEVELOPMENT PLAN REVIEW FOR THE CREATION OF A MULTIPLE FAMILY
APARTMENT DEVELOPMENT; LAND CONSOLIDATION/CERTIFIED SURVEY
MAP; AND RIGHT-OF-WAY DEDICATION/VACATION ON PROPERTY LOCATED
AT THE 4300 BLOCK OF JACKSON STREET
The applicant is requesting three actions within this petition:
A.Approval of a development plan for a multiple family dwelling development
B.Lot consolidation/combination of five parcels totaling 17.5 acres
C.Right-of-way dedication and street vacation of portions of Soda Creek and Jacktar Roads
Mr. Buck presented the items and reviewed the site and surrounding area as well as the land use and
zoning classifications in said area. He stated that the zone change had been reviewed in spring and the
Commission recommended approval at that time however the item was pulled prior to proceeding to
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Plan Commission Minutes 9 September 3, 2013
the Common Council. He also explained the revision to the site plan that will connect Jacktar and
Soda Creek Roads as they are planning to dedicate right-of-way to loop these two dead end streets to
connect and provide two accesses to the development. There will also be two small fragments of both
roads that will need to be vacated. He stated that the zone change to multi-family was supported as the
marketability for single family homes in this area has not been good. He reviewed the development
features, the right-in/right-out only drive access on Jackson Street, curbing requirements, pedestrian
walks, and providing an access to the trail system to Winnebago County Park for these proposed units
as well as the existing units to the north of the site. He also discussed signage, landscaping, elevations,
and the balconies and air conditioning units. He reviewed the certified survey map, the right-of-way
dedication and vacation and the conditions recommended for this request.
Mr. Borsuk questioned if there should be a condition added to address the screening of the garbage
dumpster area.
Mr. Buck responded that code requirements provide for it to be in an enclosed structure but the
Commission could add it as a condition if they felt it necessary.
Mr. Thoms inquired if anything regarding traffic flow patterns was reviewed as he was questioning the
two accesses on the site which would be very close together.
Mr. Buck replied that the Department of Transportation felt that these two streets were capable of
handling the traffic flow and he also discussed the right-in/right-out access on Jackson Street.
Mr. Thoms then inquired the reasoning for the two entrances on Jacktar and Soda Creek Roads.
Mr. Buck responded that it was an EMS and utility vehicle access issue.
Mr. Thoms also questioned what evidence shows that we can support this number of apartment units.
Mr. Burich replied that we do not perform market studies on developments and the primary
responsibility of the Plan Commission was to determine if the proposal is an appropriate land use in
the area.
Mr. Thoms commented that he had concerns with the construction of too many apartment complexes
creating blight in other areas of the community by rental units remaining vacant due to a saturation of
the market.
Mr. Burich responded that should not be occurring and the development is compatible with the area.
Mr. Thoms questioned when the Plan Commission would get involved in these types of discussions
regarding marketability and necessity for developments.
Mr. Fojtik indicated that this type of discussion should take place in some other venue and that the
responsibility of the Plan Commission was to determine if it was appropriate land use.
Mr. Burich added that the Commission should also be considering if a proposal is consistent with the
Comprehensive Plan.
Discussion ensued on planned developments and features that are required as well as the public
hearing process at the Plan Commission and marketability studies for proposed projects.
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Plan Commission Minutes 10 September 3, 2013
Mr. Borsuk commented that there may be a demand for newer and better apartment units in the
community.
Mr. Burich added that not approving new apartment developments could also create a monopoly
situation for current landlords.
Mr. Fojtik stated that the Plan Commission has no financial risk in proposed projects and therefore
should not be considering the necessity or market success when reviewing proposals.
Mr. Hinz questioned if when traffic patterns were reviewed were events at the fairgrounds taken into
consideration as to what kind of impact it would have on the area.
Vicky Redlin, representing Winnebago County Park, responded that since County Y has been
expanded to four lanes, there have been no traffic issues in the area.
A brief discussion continued regarding market studies and the financial stability of proposed projects
and it was determined that these features of a development were not part of the Plan Commission’s
review responsibilities.
Motion by Nollenberger to approve the zone change from C-1 Neighborhood Business District with
Planned Development Overlay and R-2 Two Family Residence District to R-3 Multiple Dwelling
District with Planned Development Overlay for property located at the 4300 block of Jackson
Street.
Seconded by Propp. Motion carried 7-0.
Mr. Cummings felt that the Commission needed more information on what a development was going
to look like at completion to make more informed determinations.
Ms. Propp commented that this area has been struggling to develop for some time now and questioned
if staff felt that this plan is more viable than past proposals.
Mr. Buck responded that the housing crash was the biggest issue in the past with failed proposals for
this area and the developer requesting this had a strong track record with many other successful
developments of this nature.
Ms. Propp commented that the lack of curbing on the site was disturbing and questioned if the
development would function properly without them.
Mr. Burich replied that they will have to work out the details with the Department of Public Works and
even with some compromise, they will ensure that the site functions properly.
Motion by Borsuk to approve the development plan review for the creation of a multiple family
apartment development; land consolidation/certified survey map; and right-of-way
dedication/vacation on property located at the 4300 block of Jackson Street with the following
conditions for the planned development:
1)Base standard modification to allow three driveway access points to the development.
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Plan Commission Minutes 11 September 3, 2013
2)Jackson Street vehicle entrance is limited to right-in/right-out traffic movements and requires
the inclusion of a raised un-mountable median within the Jackson Street right-of-way from the
existing turn lane at CTY Y south to the southern property line.
3)Base standard modification to allow curbs to be installed only at drive entrances and around
parking stalls.
4)Base standard modification to allow the combination of dedicated walks and on-pavement
striping for internal pedestrian circulation, as approved by the Department of Community
Development.
5)A minimum of a 10 foot wide paved pedestrian trail running from Jacktar Road to the east
property line is installed with the location approved by the Winnebago County Parks
Department.
6)A 10 foot wide paved pedestrian trail connecting the terminus of the trail on the subject
property running east within County Park property and connecting to the internal park trail
system be created at the developers expense, as approved by the Winnebago County Parks
Department.
7)Base standard modification to allow three monument signs for development identification: one
no taller than ten feet nor greater than 40 square feet (20 square feet per side) of sign area and
two no taller than five feet nor greater than 24 square feet (12 square feet per side) of sign
area.
8)Grading, erosion control and stormwater plan is approved by the Department of Public Works
and the detention basin is designed without riprap above the water line and native plants be
planted on the side slopes of the basin and emergent plants on the safety shelf.
9)The air conditioning units and wood porches/balconies on the structures be painted/stained or
colored to match or compliment the buildings exterior façade color.
and the following conditions for the lot consolidation/combination:
1)A developer’s agreement for the construction of the public right-of-way and utilities is entered
into between the petitioner and the City as approved by the Department of Public Works.
2)A 15 foot wide pedestrian access easement is established from Jacktar Road to the east
property line, location to be approved by the Department of Community Development.
3)Replacement of stormwater detention removed from Outlots 1-3 of Anders Plat of Subdivision.
Seconded by Cummings. Motion carried 7-0.
PLANNING DIRECTOR’S REPORT
Mr. Burich reported that staff was working on the final language for the design standards project and
staff was also beginning the zoning update process. He further stated that a focus group would be
coming in next month to discuss the issues and he was looking to find two volunteers from the Plan
Commission to participate in the working group which was anticipated to last for approximately 18
months.
Mr. Thoms questioned if a specific zoning district could be created for the riverfront area.
Mr. Burich responded that they would need to discuss the matter.
Mr. Burich also reported that the Middle Village planning process was still in progress and a
neighborhood planning document would be developed.
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Plan Commission Minutes 12 September 3, 2013
He also reported that the CVS site was well under way in development.
Mr. Borsuk stated that he would like to request that a discussion be held on developing a gateway plan
for the Jackson Street area at a future meeting.
Mr. Thoms commented that Peggy Steeno, Finance Director for the City, was leaving her position and
that she was a dedicated employee who will be missed.
There being no further business, the meeting adjourned at approximately 6:28 pm. (Borsuk/Propp)
Respectfully submitted,
Darryn Burich
Director of Planning Services
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Plan Commission Minutes 13 September 3, 2013