HomeMy WebLinkAbout01. 13-506
NOVEMBER 26, 2013 13-506 RESOLUTION
(CARRIED___7-0___LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE FINAL RESOLUTION VACATING PORTIONS
OF SODA CREEK ROAD AND JACKTAR ROAD
INITIATED BY: JACKSON LAND COMPANY
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common
Council has heretofore initiated proceedings on October 8, 2013 at a regular meeting of
the Common Council to vacate and discontinue portions of Soda Creek Road and
Jacktar Road, in the City of Oshkosh as described below; and
WHEREAS, a public hearing on the passage of such resolution has been set by
the Common Council, which hearing was set for 6:00 PM in the Council Chambers of
the City Hall, Oshkosh, Wisconsin, on the 26th day of November, 2013 and written
notice of such meeting was duly served on the owners of all of the frontage of the lots
and lands abutting upon that portion thereof sought to be discontinued as provided by
law; and
WHEREAS, a public hearing was duly held pursuant to said notice at the time
and place therefore affixed and all persons so served and interested were then and
there given an opportunity to be heard; and
WHEREAS, the lots and lands abutting that portion of said street or alley within
said City affected by this resolution are in the 15th Ward, City of Oshkosh, the
description of said street or alley heretofore set out in this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that it is hereby declared that since public interest requires it, that portion of
the following described street and/or alley in the 15th Ward, City of Oshkosh,
Winnebago County, Wisconsin, is hereby vacated and discontinued, reserving unto the
City of Oshkosh and any utility affected by this Resolution, the right to maintain, service,
repair, add, replace, or install in the future, sanitary sewer, storm sewer, water main and
other utility facilities in said vacated streets or alley, subject to the restriction that no
improvements are allowed within the reserved area, including but not limited to, building
structures, driveways, parking areas, landscaping or fences. Any improvements shall
be allowed only by special exception of the Board of Public Works.
NOVEMBER 26, 2013 13-506 RESOLUTION
CONT'D
Soda Creek Road Partial Street Vacation
Being part of Soda Creek Road adjacent to Lot 2 of Certified Survey Map Number 5245,
located in the Northwest 1/4 of the Northwest 1/4 of Section 36, Township 19 North,
Range 16 East, all within the 15th Ward, City of Oshkosh, Winnebago County,
Wisconsin bounded and described as follows: Beginning at the southeast corner of Lot
16 of Anders Plat; thence along the arc of a curve to the left 53.65 feet having a radius
of 80.00 feet, whose chord bears S 19°56'39" E, 52.65 feet to a point on the south right-
of-way line of Soda Creek Road; thence S 89°16'03" W, 17.82 feet along the south line
of Soda Creek Road; thence N 00°19'32" W, 49.73 feet along the west right-of-way line
of Soda Creek Road to the Point of Beginning. Said area contains 285 square feet,
more or less.
Jacktar Road Partial Street Vacation
Being part of Jacktar Road adjacent to Lots 1 and 2 of Certified Survey Map Number
5246, located in the Northwest '/ of the Northwest '/ of Section 36, Township 19 North,
Range 16 East, all within the 15th Ward, City of Oshkosh, Winnebago County Wisconsin
bounded and described as follows: Beginning at the northwest corner of Lot 2, Certified
Survey Map Number 5246; thence S 00°09'32" E (recorded as S 00°16'53" W), 100.00
feet along the east line of said Lot 2, to the southeast corner of Jacktar Road; thence S
89°16'03" W (recorded as S 89°45'14"), 60.00 feet along the south right-of-way line of
Jacktar Road to the southeast corner of Lot 1, Certified Survey Map Number 5246;
thence N 00°09'32" W (recorded as N 00°16'53" E), 22.34 feet along the east line of
said Lot 1; thence along the arc of a curve to the left 106.25 feet, having a radius of
80.00 feet, whose chord bears N 37°18'57"E, 98.61 feet to the point of beginning. Said
area contains 2,526 square feet, more or less.
BE IT FURTHER RESOLVED that the City Clerk shall record a certified copy of
this Resolution accompanied with a map showing the location of said vacated street or
alley in the Office of the Register of Deeds for Winnebago County.
•
•
C -RTI �I = 3 S � R� VAP _
ALL OF LOTS 1 AND 2 OF CERTIFIED SURVEY MAP_NO. 5245, RECORDED IN VOLUME 1 OF CSMs •ON
PAGE 5245 AS DOCUMENT NO. 1248502, ALL OF LOTS 1 AND 2 OF CERTIFIED SURVEY MAP N0. 5246,
• RECORDED IN VOLUME 1 OF CSMs ON PAGE 5246 AS DOCUMENT NO. 1248503, AND ALL OF LOT 1 OF
CERTIFIED SURVEY MAP NO. 5854, RECORDED IN VOLUME 1 OF CSMs ON PAGE 5854 AS DOCUMENT
NO. 1388402, LOCATED IN PART OF THE NW 1/4 OF THE NW 1/4 AND THE SW 1/4 OF THE NW 1/4
OF SECTION 36, TOWNSHIP 19 NORTH, RANGE 16 EAST, 15TH WARD,
CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
-
COUNTY PT.J 141 •
NORINWEST CORNER Y3I
SEC.36, TI9N—R16E
PK NAIL FOUND I 10719 121 ■I Lads Lorr I oI I I 1
(N 497076.717, E 791622.448) ANGERS PUT;�2°I'AJOERSPLAT csu 50 t i •
11 a
_ HIS LOT/
UNPCATTEO LINOS I I"F I I I �I i, L072 CSM 1>•/0
OWNED BY JACKSON HIGXUNO APTS.LLL I .loll II I,I°II I 1
N6T14'22 0 4220' I csM SOOt' I
CINa NCV09'32'W 49,71' I I o89'16':17`c 80O.00' - SOO'O9'32`E 49.42'
(H00•i6•53E 49.81') co �`? .�A
,d Te�C'.r I .sEts�t
11-1,e `r .759,yB� _ ///j/ I I L071 —L TL u-=,e ag�,•FI
____JI - .• 7a•".eTyiX - 1 +O..,J C91A5346 I 'CSM�,!�20.� ]d SIB,LT-- __---
ICI Hi .85'
VACATED 8/0/v C l a ATE 7 1
'I , SEE SHEET 2 FOR IkZVLS ( 1 1
v�
1� 1 26,0.53 SF 0.598 ACRES)
G OE➢IG72D FORS CRES)PURPOSES VACATED R/O/W(DLC /YY
aa SEE SHEET 2 FCR OET.VLS
II [N L071 I eMI CMgm wr5lw mts 1,,c 1944TH lope LE]NC'H - • .
gI n l' CSM52as L, IM Lu•1T f m.m 111m' 1111' vvuu ..
1a'nT E 101x,' .1<• IP
'''l :7"
12 'B I .±-Ort
1 LOT 1 csMSesi , .
>I
755,995 5k' I q_ r I NI
'• 74: 17.355 ACSFS
.•. 589'12'33w 348.03 2 g'-'1
r t�tof
o Ses'i2'Tw 36.75' _ P -1'1 m •
`9. LOT 2 , ` 2
'" UNPLtTTE0 LIN35_ �' SAO,52Ot 2,•h 1 _CWNE09Y CLARENCEEICHSTAOT.. •.p.,B K �_
zlm
g _� N I zl
A FENCE CORNER 1S 3J
12 NORTH OF LINE FN CCRNER 15 \ 61
UNPL1T20 LANDS_ FENCE CORNER 0S'SOU7N OF LINE ' 1 I .•
• _OWNED HY LLPHFNC_EICN 045E_ =S' 0.5'NORI.H OF LINE FE •�E CORNER 15 I
FETTLE CORNFR 6 O.Y NORTH OF DN��e,k10EIPUHUC ACCESS •
ON PROFILER'LINE FOES-MAIN EASEJE T
58.•10'S4w 1714.07' 584'175714' 22221•
z1 N'
_UNPLATTED LINOS_ I I'.I��JYJ I LOTt LOTZ LOT] es O_] I LOTS I LOTI I LOT1 I I I LOT3
t I
OWNE09Y.IA50XJ.d NILOLEL LASER , dr CSM]2]01 CSM2-016MJ"130, M IA'1 CSM 292-fi 1OSM 292714f2j 6 it' rSMT256 i
�e' - I 1 1 611
1 owl I I I I' I
I I W iI
•
4
COUNTY PT,1 154 DI El
W. 1/4 CORNER ;I
SEC.36, T19N—R155 6I
SURVEY NAIL W/WASHER FOUND I ,
7(N 494347.906, 15751625.428) BEARINGREFERENCEDTOTHE
WINNEBAGO COUNTY COORDINATE
LEGEND SYSTEM WITH THE WEST LINE OF THE •
NW 114 OF SECTION 36 BEARING
C. 2'IRON PIPE FOUND S00103'63'E
Q 1'IRON PIPE SET 200 o 200 ,
067 RECORDED DISTANCES I I I 1
Scale:I"=200' •
SURVEYOR'S CERTIFICATE:
I,DENNIS CHRISTIE,REGISTERED LAND SURVEYOR,DO HEREBY CERTIFY THAT I
HAVE SURVEYED AND MAPPED ALL OF LOT 1 AND 2 OF CERTIFIED SURVEY MAP NO.
5245,RECORDED IN VOLUME 1 OF CSMs ON PAGE 5245 AS DOCUMENT NO.1248502,
ALL OF LOT 1 AND 2 OF CERTIFIED SURVEY MAP NO.5246,RECORDED IN VOLUME 1
OF CSMs ON PAGE 5246 AS DOCUMENT NO.1248503 AND ALL OF LOT 1 OF CERTIFIED
SURVEY MAP NO.5854,RECORDED IN VOLUME 1 OF CSMs ON PAGE 5854 AS
DOCUMENT NO.1388402,LOCATED IN PART OF THE NW 1/4 OF THE NW 114 AND THE
SW 1/4 OF THE NW 1/4 OF SECTION 36,TOWNSHIP 19 NORTH,RANGE 16 EAST,ISTH
WARD,CITY OF OSHKOSH,WINNEBAGO COUNTY,WISCONSIN.MORE FULLY •
.
DESCRIBED ON SHEET 2. .
DENNIS J.CHRISTIE S-1452 DATE
JMM CONSULTING,LLC
840 CHALLENGER DRIVE-SUITE 140
GREEN BAY,WI 54311 SHEET 1 OF 3
SURVEYOR'S CERTIFICATE CONTINUED: .. _ . r
R.. Commencing at the NW Comer of said Section 36,a PK mall found;thence S 00°03'53"E (recorded as S 00°24'44"W),along the West Line of said
Section 36,667.08 feet; thence N 89°14'22"E,42.20 feet to the East right-of-way("r/o/w")line ofJackson Street(S.TH"76"),being the NW Comer
of Lot 1 said CSM No.5245 and the Point of Beginning("poB"); thence continuing N 89°14'22"E,359.98 feet;thence N 00°09'32"W along the
West line of Anders Plat,49.71 feet;thence N 89°16'03"E,600.00 feet;thence S 00'09'32"E,49.42 feet,to the NW Comer of Lot 1 of said CRYING.
5854;thence N 89°14'22"E,327.70 fact thence S 00°11'13"E,66621 feet to the SE ComerofLot 1 of said CSM No.5854;thence S 89°1T 57-W,
222.21 feet;to the SE Corner of Lot 2 said CSM No.5245; thence S 89°10'542"W,724.07 feet;thence N 00°01'10"W,31536 to the SE Comer of '
Lot I of said CSM No.5245; thence S 89'12'33"W,348.63 feet to the Eastr.10/w line oflackson Street(ST73."76");thenceN 00°00'41 E,along
said Eastr/o/w line,32626 feet;thence N 11°07'32"E,along said Eastr/o/w line,25.85 feet to the POE.
c • Said Parcel contains 781,975 square feet(17.952 acres),more or less,and is all of Parcel ID No.
91532400000(Lot 1 CSM#5245),91532440000(Lot 2 CSM#5245),91532450000(Lot 1 CSM#5854),
91529032300(Lot 1 CSM#5246)and 91529030000(Lot 2 CSM#5246),in the City of Oshkosh:,
Winnebago County,Wisconsin.
That I have made such plat is a correct representation of all the exterior boundaries ofthe land surveyed and is a
correct representation ofthe parcels of record contained within said boundary.That I have made such as survey
and plat by the direction of the Owners of said lands listed hereon_ Thatlhave folly complied with the provisions
of Chapter 23634 of the Wisconsin Statutes and the roles and regulations of the Ciry of Oshkosh and
Winnebago County in surveying and mapping the same.
Date: .
Dennis J.Christie RLS#1452 •
•
,
I I j
0
\ I j \ j
o
•
•
•
o j j I i
i I 1
N89.16'0
3"E 360.00' _ _�
®om __ 60-00
'
6m.a 0 400_ �
i.
-J 26,053 SF DEDICATED LOT1 C2
• 12 c, FOR STREET PURPOSES 1 CSM 5246 •.
° ' ro _a_-N89'i6'03.Fa200.00 J; "'-.1,f.-.a>
`�— --- ___
— -°--- — L4
5h�ed 5 re;:, € Vaxig 25' SETBACK
i .
CURVE TABLE
NUMBER CHORD DIRECTION RADIUS ARC LENGTH CHORD LENGTH '
C1 S 19'56'39" E 80.00' 53.65' 52.65'
C2 N 3 •18'57" E 80.00' 106.25' 98.61' - •
LINE TABLE
NUMBER UNE DIRECTION UNE LENGTH
L1 S 00'09'32' E 49.73'
L2 N 89.16'03" E 17.82' 60 0 60
L3 S 00'09'32' E 22.34'
•
L4 14 89'16'03' E 60.00' - Scale:1"=60'
•
L5 N 00'09'32" W j 100.00'
SHEET2OF3 . .
et
OJHKOIH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM : Darryn Burich
Director of Planning Services - -
DATE: October 3, 2013
RE: Set Public Hearing Date to Vacate Portions of Soda Creek Road and Jacktar
Road/Dedicate Street Right-of-Way for the Extensions of Soda Creek Road and
Jacktar Road/Approve Planned Development for Multiple Family Development, East
Side of Jackson Street, South of Soda Creek Road/Jacktar Road and North of Kope
Avenue (Plan Commission recommends approval)
BACKGROUND •
The area included in the requests includes five parcels generally located at the 4300 block of Jackson
Street, north of Kope Avenue and south of the terminus of Soda Creek and Jacktar Roads. This area
is currently undeveloped land that has a mix of zoning that does not follow existing property lines
including C-1 Neighborhood Business District with Planned Development Overlay, R-2 Two Family
Residence District and R-3 Multiple Dwelling District with Planned Development Overlay. The area
was the subject of previous unsuccessful subdivision plat development scenarios.
ANALYSIS
The proposed development plan includes construction of eleven two-story twelve-unit apartment
buildings (132 units) with attached garages (132 spaces) and surface parking facilities that include
145 stalls. Each building contains eight two-bedroom units and four one-bedroom units with a single
garage space and shared stalls adjacent to the building. The structures will consist of vinyl siding,
windows and patio doors with wood porches/balconies. Vehicular access is proposed to be provided
in the form of three driveways, one right-in/right-out restricted drive on Jackson Street and two others
onto the newly dedicated Jacktar/Soda Creek Road. This connection of the two streets leaves two
small fragments of unneeded right-of-way that are proposed to be vacated and a public hearing will be
set before Council in the future to act on that request, which staff supports.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its September 3, 2013 meeting.
Approved,
City Manager
•
ITEM: VACATE PORTIONS OF SODA CREEK ROAD & JACKTAR ROAD
Note: Council previously approved the planned residential development for this area, as well as the
dedication of street right-of-ways for the extensions of Soda Creek Road and Jacktar Road.
Plan Commission meeting of September 3, 2013
GENERAL INFORMATION
Applicant: Dennis Hermans, Nicolet Lumber
Owner: Jackson Land Company, LLC and First National Bank Fox Valley
Actions Requested:
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
Applicable Ordinance Provisions:
Criteria for Planned Development Overlay Districts are located in Section 30-33 of the Zoning
Ordinance. Subdivision Regulations: Section 30-69 through 30-75. Section 30-71 establishes criteria
for land divisions. WI State Stats. 66.1003 regulate the discontinuance of public right-of-way.
Property Location and Type:
The area included in the requests includes five parcels generally located at the 4300 block of Jackson
Street, north of Kope Avenue and south of the terminus of Soda Creek and Jacktar Roads. This area
is currently undeveloped land that has a mix of zoning that does not follow existing property lines
including C-1 Neighborhood Business District with Planned Development Overlay, R-2 Two Family
Residence District and R-3 Multiple Dwelling District with Planned Development Overlay. The area
was the subject of previous unsuccessful subdivision plat development scenarios.
Subject Site
Existing Land Use Zoning
Undeveloped C-1 PD & R-2
Adjacent Land Use and Zoning
Existin Uses Zoning
North Multiple Family Residences C-1 PD
South Single Family Residences R-2
East R PD
Single Family Residences & Institutional — County R-2 & M-3
West Sheriffs Department (across Jackson)
Comprehensive Plan Land Use Recommendation Land Use
10 Year Land Use Recommendation Residential _
20 Year Land Use Recommendation Residential
1
ANALYSIS
REQUEST A. PLANNED DEVELOPMENT
The proposed development plan includes the construction of eleven two-story twelve-unit apartment
buildings (132 units) with attached garages (132 spaces), and surface parking facilities that include
145 surface parking stalls (5 handicap and 8 guest). Density is considered low-medium for our area
at approximately 7.5 units per acre (one unit per 5,750 square feet), which is approximately 50% less
than the density permitted within the R-3 zoning district (254 units, 14.5 units per acre/one unit per
3,000 square feet). Green space constitutes 53% of the site while impervious surfaces (pavement &
buildings) constitute approximately 47% of the total land area.
The apartment complex is designed primarily with a campus-like setting with nine of the eleven
buildings located in a circular configuration around a central pond. The remaining two buildings are
located closer to Jackson Street on the western portion of the development area. The central pond
area is designated for stormwater detention but is sited to be considered a central focal point of the
complex ringed on three sides with internal private drive aisles. Each apartment building contains
eight two-bedroom living units and four one-bedroom living units, each with a single garage space and
shared 12-13 surface stalls located adjacent to the building.
Access
Vehicular access to the development is proposed to be provided in the form of three driveways, one
located on Jackson Street and two others onto the newly dedicated Jacktar/Soda Creek Road. The
Jackson Street entrance is designed as a 50 foot wide two-lane drive divided by a ten foot wide
landscaped island and the two located at Jacktar/Soda Creek Road are standard 30 foot wide drive
entrances. Discussion with the Wisconsin Department of Transportation yielded approval of the
Jackson Street connection only if it was right-in/right-out restricted, facilitated by the construction of a
raised median running from the existing left turn lane at CTH Y intersection south to the next driveway
on the east side of Jackson Street.
The drives enter the interior of the site and will "circle" within the complex to provide access to all the
apartment buildings, garages and parking areas while also providing full circulation from street to
street. The submitted plans designate curbing on-site only at the perimeter of the surface parking
stalls. Zoning code requires all parking lot perimeters to be curbed. In discussions with the developer
and analyzing the intent of the curbing requirement, the extent of curbing that would be exclusively
internal to the development and the expense of curbing the entirety of the internal campus, staff is
recommending a base standard modification to require curbing only at surface stall locations to
protect vegetation and act as "wheel stop" and at perimeter of the ingress/egress driveways to protect
vegetation, assist in traffic flow and provide a more pleasant and finished aesthetic.
Beyond depicted pedestrian walks from the buildings doors to the paved automobile drive area; an
internal pedestrian walk/trail circulation network is not included within the development plan. The
project narrative states that it is the intent of the developer to construct a series of internal pathways
for use of rental tenants but that the details are currently being worked out with City representatives.
Progress has been made on the development of a combination dedicated walk and on-pavement
striping for internal pedestrian circulation that will link all buildings to the public walks of Jacktar/Soda
Creek Roads as well as Jackson Street (not to be improved until a walk is installed on Jackson
Street). Additionally, staff and the developer are in agreement about the inclusion of a paved trail in
the northeast area of the development site, linking the Jacktar/Soda Creek Road walk to the County
Parks internal trail system. In collaboration with the County Parks Director, it has also been agreed
to include a 10 foot wide paved pedestrian trail running from Jacktar/Soda Creek Road east
connecting to the internal park trail system for use of the apartment complexes tenants as well as the
residents to the north.
Item-4300 Block Jackson-MF PD 2
Signage
Three subdivision/development signs have been discussed (at the Jackson Street entrance and the
Jacktar/Soda Creek Road entrances), but are not identified on the plan. The Municipal Code permits
only a small amount of ground signage for residential districts (maximum of one sign with16 square
feet for all sides). Staff understands that larger developments such as this have unique identification
issues and therefore recommends a base standard modification to allow three non-flashing monument
signs for development identification with a primary monument sign no taller than ten feet nor greater
than 40 square feet (20 square feet per side) of sign area be permitted at the Jackson Street entrance
and two monument signs no taller that five feet nor greater that 24 square feet (12 square feet per
side) at each of the two entrances on Jacktar/Soda Creek Road. The signs must be situated to meet
setback requirements.
Landscaping
A landscape plan has been submitted with the proposal that includes a number of shrubs, perennials,
and trees located throughout the site and at the building foundations but the plan does not appear to
meet code requirements as to plant numbers nor locations, especially at the parking lot perimeters.
Staff points out that finalized landscaping plans will be reviewed at time of building permit issuance
and requirements of the Zoning Ordinance will need to be met. However, it is important to point out
that during the neighborhood meeting, property owners to the south expressed a desire for additional
vegetative screening to be installed at the southern lot line, which is depicted on the plan as an
arborvitae vegetative fence along the entire southern lot line as well as at several locations on the
north lot line. Staff is in support of the additional screening in this area as it will help to create a buffer
area between the proposed use and the existing single-family uses to the south and multiple family to
the north.
Stormwater Detention
Stormwater management is identified in the form of a detention basin situated at the center of the
property. Formal erosion control, drainage and stormwater management plans must be approved by
the Department of Public Works and staff suggests that a more "natural" style of detention basin be
utilized involving planting of emergent plants in the safety shelf area and native plants on the side
slopes rather than the use of riprap as it is better functioning, environmentally friendly, is a deterrent to
intrusion and more aesthetically pleasing.
Building Elevations
The apartment buildings are two-story buildings with a height of just over 28 feet. The inclusion of
dormers, varying roof heights and porches/balconies helps to break up the overall mass of the main
roof and provide some building articulation. The exterior is proposed to be primary lap vinyl siding but
be accentuated with a three foot face brick knee wall. The façades also include vinyl shake siding in
the gables, vinyl windows and patio doors, and wood porches/balconies. Color is unclear on the
plans and staff recommends that the sleeves for the in-wall air conditioning units and the wood
porches/balconies be painted/stained or colored to match or compliment the buildings exterior façade
color.
REQUEST B. LOT CONSOLIDATION/COMBINATION
In order to facilitate the Planned Development request, a lot consolidation/combination proposed in
the form of a Certified Survey Map (CSM) is needed. The proposed CSM will take the five individual
parcels of land ranging in size from 0.3 acres to 9.8 acres and combine/consolidate them into a single
17.5 acre land area. The CSM also includes the dedication of approximately 0.6 acres of land for the
developer to construct, at their expense, a public street with sidewalks and looped water main to
connect the existing Jacktar Road and Soda Creek Road together. A developer's agreement for the
construction of the public right-of-way and utilities between the petitioner and the City must be
approved by the Department of Public Works before the CSM can be signed. Once connected, two
Item-4300 Block Jackson-MF PD 3
small fragments of existing right-of-way at the ends of Jacktar Road and Soda Creek Road will no
longer be necessary and can be eliminated/vacated.
Beyond minor administrative items such as identifying easements on the CSM, two items must be
included as conditions of approval: 1) a 15 foot wide pedestrian access easement must be
established from Jacktar Road to the east property line on the CSM to facilitate the trail connection
with its location to be approved by the Department of Community Development, in collaboration with
the County Parks Department; and 2) the CSM must replace the capacity and function of previously
approved stormwater detention that will be removed from three of the lots contained in the
consolidation/combination (known as Anders Plat of Subdivision Outlots 1-3). The developer has
indicated that the stormwater facilities of the proposed development will be sized to accommodate the
Anders Plats Outlots.
REQUEST C. RIGHT-OF-WAY DEDICATION AND STREET VACATION
The proposed Planned Development and lot consolidation will remove the ability to construct a public
right-of-way through the consolidated land area so new right-of-way is needed to eliminate the dead
ends on Jacktar and Soda Creek Roads and provide appropriate EMS and utility vehicle access,
improve vehicle and pedestrian accessibility/circulation and provide area for public utilities to be
looped. This new right-of-way is depicted on the proposed CSM but the dedication must be accepted
by the Plan Commission and Common Council. Additionally, the unneeded fragments at the south
ends of Jacktar Road and Soda Creek Road must be vacated by the Plan Commission and Common
Council.
RECOMMENDATIONS/CONDITIONS
REQUEST A. PLANNED DEVELOPMENT
Staff recommends approval of the Planned Development for the multiple family dwelling development,
with the following conditions:
1) Base standard modification to allow three driveway access points to the development.
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.
Item-4300 Block Jackson-MF PD 4
REQUEST B. LOT CONSOLIDATION/COMBINATION
Staff recommends approval of lot consolidation/combination, with the following conditions:
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.
REQUEST C. RIGHT-OF-WAY DEDICATION AND STREET VACATION
Staff recommends approval of the right-of-way dedication and street vacation of portions of Soda
Creek and Jacktar Roads, as proposed.
The Plan Commission approved of the planned development, lot consolidation, right-of-way
dedication, and street vacation as requested with conditions noted. The following is the Plan
Commission's discussion on this item.
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 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. Thorns 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. Thorns 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. Thorns 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.
Item-4300 Block Jackson-MF PD 5
Mr. Thorns 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. Bunch 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. Bunch 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.
Mr. Borsuk commented that there may be a demand for newer and better apartment units in the
community.
Mr. Bunch 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.
Item-4300 Block Jackson-MF PD 6
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.
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 s lopes 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.
Item-4300 Block Jackson-MF PD 7