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Plan Commission Minutes 1 February 7, 2017
PLAN COMMISSION MINUTES
February 7, 2017
PRESENT: David Borsuk, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen
Propp, John Kiefer, Robert Vajgrt, Karl Nollenberger
EXCUSED: Ed Bowen
STAFF: Darryn Burich, Director of Planning Services; Elizabeth Williams, Planner; Brian
Slusarek, Assistant Planner; Steve Gohde, Assistant Director of Public Works; Allen
Davis, Director of Community Development; 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 January 17, 2017 were approved as presented. (Vajgrt/Hinz)
I. THREE-LOT LAND DIVISION/CERTIFIED SURVEY MAP AND PLANNED
DEVELOPMENT APPROVAL FOR THE CREATION OF A MULTIPLE-FAMILY
RESIDENTIAL DEVELOPMENT ON PROPERTY LOCATED AT 173 WEST RIPPLE
AVENUE
The applicant is requesting two actions within this petition:
A. Three-lot land division/Certified Survey Map from one existing parcel containing a total of
34.85 acres
B. Approval of a development plan for a multiple-family residential development
Ms. Williams presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. She stated that the development was consistent with the
City’s Comprehensive Plan and discussed the proposed land division. She reviewed the proposed
lots which would be three developable lots and the fourth lot which would be dedicated for
parkland. She reviewed the proposed certified survey map which meets the requirements for city
standards and discussed the issue with utility services to Lot 2 which would be addressed by
combining Lots 1 and 2. The lot dedicated for parkland will need to be designed as a separate lot
and discussed the easements to be established with the finalized certified survey map requiring
approval by the Department of Community Development and the Department of Public Works.
She reviewed the site plan for the development and the apartment complexes and discussed the
density of the development which meets code requirements. She also discussed the detention
pond, refuse enclosures, maintenance garage, and office that would all be part of this development
and the base standard modifications requested for placement of the refuse enclosure. She further
discussed details of the apartment units and that they would be market rate and reviewed the
vehicular access to the site which was coordinated with the Winnebago County Highway
Committee for the access on to Oregon Street. She discussed the base standard modifications
requested and the pedestrian accesses for the development as well as the storm water management
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Plan Commission Minutes 2 February 7, 2017
plans which include a detention pond in the center of the property and the features to be
incorporated into the pond. She also discussed the location of the site within the Airport Zoning
Traffic Pattern District which has been discussed with representatives of the Winnebago County
Airport. She discussed the landscape plans and reviewed the site plan depicting its features as
well as the lighting plans which include shielded lights and will be approved during the site plan
review process. She discussed signage for the development and reviewed a rendering of the
proposed sign as well as the building elevations and materials to be utilized on the exterior of the
structures. She also reviewed the conditions recommended for the land division and for the
planned development.
Mr. Thoms asked to clarify that the revised certified survey map would be comprised of three lots
by the combination of Lots 1 and 2 and the third lot being the dedicated parkland.
Ms. Williams confirmed that this was correct and that the line between Lot 1 and 2 will be
eliminated and the parkland area would become Lot 2 and Lot 3 will remain the same.
Mr. Thoms questioned if the Oshkosh Police and Fire Departments reviewed this proposal.
Ms. Williams responded affirmatively and stated that the Police Department requested that a Knox
box be installed on the gate and that they would also require specifications on the gate which is
addressed in the conditions of approval.
Mr. Thoms questioned if there were no issues from a traffic standpoint and if the landscape plan
met the number of points required for the new zoning ordinance.
Ms. Williams responded that the petitioner will need to add plantings around the foundation to
meet the requirements of the new zoning ordinance however the application was received prior to
the adoption of this ordinance and finalized landscape plans will be reviewed during the site plan
review process and will be required to meet code standards.
Mr. Borsuk questioned if the development met the spirit of city planning; where the location was
of the navigable stream was; if there was adequate right-of-way on Oregon Street to provide for a
four lane road; airport concerns and noise issues in that area that have come up in the past and if
the berm is satisfactory to address noise concerns; is the detention pond going to be satisfactory
and will the release be appropriate to address standing water issues.
Ms. Williams discussed the location of the navigable stream and reviewed on the map its location.
She stated that the concern regarding having adequate right-of-way on Oregon Street was
addressed with the additional right-of-way being dedicated by the petitioner. The issue was
worked on with coordination by the County who made the recommendation for the addition of a
passing lane and the B1 intersection to accommodate these concerns. The Airport Director was
involved with discussions related to this development and any concerns will be addressed with
coordination with the developer and airport representatives.
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Plan Commission Minutes 3 February 7, 2017
Steve Gohde, Assistant Director of Public Works, discussed the use of a pond that would be dry
within a matter of hours which is not feasible as the pond cannot be designed and constructed to
function in this fashion. For this to be a dry detention pond, a biofilter system would have to be
installed which would not meet water quality standards.
Mr. Burich discussed the city’s policy to promote both center city and outer skirts development to
meet market and population growth needs.
Mr. Borsuk questioned if we were protecting the Industrial Parks in the vicinity.
Mr. Burich indicated that this was being addressed with decibel protections and the noise
ordinance will also address these concerns to protect both the residential and industrial needs in
this area.
Mr. Thoms commented that the developer only has to control the water runoff on this site for the
development and there were concerns related to flooding from the navigable stream in this area
and questioned how the city was going to deal with this issue.
Mr. Gohde discussed studies that are being completed for this area and that regional detention
basins may be constructed in the future once the studies are complete. He further discussed the
various studies currently underway in several locations and if they were not complete now in this
area that they will be in the next year or two.
Ms. Propp commented that the navigable stream appears to be an open ditch that extends under
Ripple Avenue.
Mr. Gohde responded that was correct and that it is directed to piping after that and the storm
water ordinance for this development mandates that the runoff from this site will have to be
released at an equal or lesser rate than before the development was constructed. He further
discussed the runoff from this site and how much will have to be retained on site and that the
storm water runoff will be reduced off site substantially.
Kimberly Green, 190 W. Ripple Avenue, stated that she lives across the street from Lot 1 and that
she was an expert on the navigable stream which her family uses as an ice skating rink in winter
and that it floods her backyard in spring. She discussed the last meeting when this development
was reviewed and felt that the town residents’ concerns were not being heard. She discussed the
single-family homes in this area that are located on one acre lots and that this development does
not fit into their neighborhood. She stated that staff indicated that this was a low density
development however it was high density to the residents of the town and it was not desired by
the neighborhood. She also stated that the house on Ripple Avenue that was referenced as vacant
is not a vacant structure and discussed that she also had concerns with the berm to be constructed.
She discussed the mature trees in the area and that her family moved from Jackson Street to this
location due to the rental units in the Jackson Street area. She did not want to see the loss of the
mature trees as she felt they should be preserved for noise reduction. She also discussed the
notifications received for adjacent property owners last time and that the residential property
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Plan Commission Minutes 4 February 7, 2017
owners did not receive notices this time but the town clerks were only notified. She did not feel
that this was fair and that the city should talk to the residents in the neighborhood about new
development. She discussed the children that go to Lakeside School and that with this many units
there will be more children in the area and if this will involve the movement of some of the
existing students to other schools as this would be very stressful to their children.
Mr. Thoms inquired where the mature trees she discussed were located.
Ms. Green displayed on the map where the existing trees were located.
Wanda Danhauer, 4078 Oregon Street, stated that the consideration for berming off of Ripple
Avenue to protect those residential uses was addressed but what about the residential uses on
Oregon Street. She stated that this issue was not discussed with them. She further stated that her
sump pump runs 24 hours a day, seven days a week and that there were springs located on Lot 3.
She had concerns what will happen when those springs are hit and that the issues related to this
are not solved. She also discussed the traffic issues on Oregon Street due to the operations of
Oshkosh Corporation, who would be paying for the sewer improvements necessary for this
development and if it would have the capacity to handle this development.
Keith Berholtz, 4078 Oregon Street, stated that he would like to see the area kept as residential and
that condominiums would be more acceptable. He further stated that he owns a farm in this area
and was told that this was an industrial area and that residential developments could not be built
there. He discussed the development of the park which he felt wasn’t feasible as the city has a
hard time paying for everything and questioned who is going to pay for park improvements. He
felt that the taxpayers will have to pay for the development of the park and questioned who would
be using it other than the residents living in the apartments. He felt that there was enough vacant
land in the city for apartments to be built elsewhere.
Bob Schrickel, 177 W. Ripple Avenue, stated that he had concerns with the detention basin as there
are water issues in this area in between his field and the development site. He further stated that
the water floods part of his property, three to four acres every spring, and he did not see how it
would be possible to retain detention water without overflowing the stream. He also discussed the
rezoning of the property a few years ago and that he did not feel that proper policies were
followed as they were not notified of the action.
Dennis Hughes, 4046 Oregon Street, stated that he felt that the town residents should have been
notified however he felt that most of the plans he reviewed looked good. He further stated that
there was nothing on Lot 3 designating where apartment would be developed and that he would
like to see the development plans for this lot as it is closer to his property. He commented that
condition #4 related to a cross access agreement between Lot 1 and Lot 3 and questioned if that
meant that there would be another traffic lane on Oregon Street. He continued discussion on the
traffic on Oregon Street and that it is going too fast and that he would like to see the speed limit
lowered in this area. He also inquired as to when Lot 3 would be developed.
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Plan Commission Minutes 5 February 7, 2017
Evelyn Green, 173 W. Ripple Avenue, discussed that she attends Lakeside School and if children
would be transferred to other schools to accommodate the children from the apartments. She
discussed her concerns with the difficulty in adjusting to a new school and new students and that
the children from the apartment complex would be going to Lakeside School and the current
students will be moved to another school. Lakeside School currently services children in grades
kindergarten through fifth grade.
Tom Franks, 88 W. Ripple Avenue, stated that he has been reviewing the preservation land use
and discussed the wildlife in the area that he felt needed to be preserved.
Sara Schrickel, 177 W. Ripple Avenue, commented that there was discussion relating to pedestrian
walkways within the development however Oregon Street and Ripple Avenue are not pedestrian
friendly. She discussed that neighbors walk down the street but it is a narrow road and she felt
that additional pedestrian and vehicular traffic is a concern. She also discussed the sign which she
felt was too tall and that the development does not need a sign of that size. She did not want a
park located there if there is not going to be any equipment to play on as she does not want
children on her property. She was also concerned with the loss of wildlife and discussed if they
want to stay in this area if it is going to continue to develop. She felt that if everything does not
work out they will have to deal with the issues.
Larry Last, 3827 Red Oak Court, questioned how many acres was the site for the apartment
development.
Ms. Williams responded that it was 14.77 acres.
Mr. Last discussed that in 2007, there was a proposal to develop softball diamonds in this area but
it did not move forward as it was denied due to concerns about its proximity to the airport and
questioned if the city did not care about children’s safety. If the ball diamonds were a concern he
felt that the placement of an apartment complex in this vicinity should also be an issue and that the
County could be held liable for any accidents. He further discussed that this was a federally
funded airport and that multi-family dwellings were not allowed in this area years ago as it was a
safety issue within the air zone. He further discussed the land uses allowed in this zone.
Sheree Zellner, 3669 Oregon Street, questioned if the proposed tenants that will be renting these
apartments will be made aware of the noise from the Generac plant as they are doing testing at all
hours of the day and night and also discussed the Oshkosh Corporation trucks that use Oregon
Street and the noise generated from this. She commented that she has lived there for 40 years and
had concerns with residents of the apartments as there are lots of factories in this area and the road
goes from four lanes to two lanes. She felt there were safety factors and a traffic study should be
completed. She also discussed that this road has been designated as Alternate Highway 41 now
and she did not know when that happened but did not find it desirable.
Adam Green, 190 W. Ripple Avenue, stated that he had concerns with the look of the apartments
and that the inclusion of window air conditioners was not upper class as he felt there should be
central air conditioning. He further discussed that he did not like the look of the structures and
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Plan Commission Minutes 6 February 7, 2017
questioned who will be maintaining them and his concerns with garbage and vehicles from the
site.
Steve Berholtz, 3718 Oregon Street, questioned if anyone from this committee has gone to the site
and discussed the navigable stream and its importance as the water backs up in this location. He
further discussed the berm constructed to alleviate the stream and the Basler facility on 35th
Avenue where the water is an issue as well. He continued to discuss his concerns with the water
flow in this area as he felt too much asphalt and concrete have been placed in this vicinity.
Beau Doemel, 3820 Oregon Street, also discussed the flooding issues in this area and how this
development will increase these issues.
Neil Andrasko, 3836 Red Oak Court, discussed the water issues in the area as well and that it
collects in the road and he does not see this working out well for the residents in this area. He also
discussed the city standards for sidewalks as he felt there should be sidewalks in the vicinity and
that the standards should be the same for all developments.
Skylar Bryce, 3818 Red Oak Court, discussed the 96 units in the apartment complex and the
number of people and vehicles generated from this for the area. He further discussed traffic and
water runoff concerns and the proposed turn lane on Oregon Street and if the road will be
widened to allow for this.
Ms. Williams stated that the additional right-of way to be dedicated should address the concern for
adequate area for the turn lane on Oregon Street.
Mr. Bryce commented that this property is not adequate to fit a 96-unit apartment building and
questioned if there would be sidewalks installed down Ripple Avenue.
Ms. Williams responded that the sidewalks proposed for the development are internal only.
Mr. Bryce stated that the city gets what they want and should take residents concerns into
consideration.
Stan Mack, Superintendent of the Oshkosh Area School District, discussed the school capacity in
this area and distributed copies of an analysis prepared for this development. It included
distances to the four area schools that would be able to serve the children from these apartments
and the number of available capacity at each facility. He stated that there was a 40 student
capacity left at Lakeside School and explained that there are 2 plus students anticipated per
household in single family dwellings. He also discussed the transfer of students to other schools
and stated that children that are currently attending school at a specific location are not moved to
another facility to accommodate additional students. Smith School is the closet facility to this
development and he also discussed Jefferson and Jacob Shapiro Schools that are also within this
district. These four schools have availability for 240 additional students in this area and can easily
handle the additional capacity generated by this development as they do not anticipate larger
amounts of children than the availability. The school district is sensitive to moving children to
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Plan Commission Minutes 7 February 7, 2017
different schools and the school district will not stand in the way of development. He continued
discussion on growth in the school district and the community and that it is advantageous to the
school district.
Thomas Wood, Harris & Associates, petitioner for this request, stated that they have reviewed the
staff recommendations and have no issues with the conditions placed on this request. He
discussed the combination of the lots which they had no issue with and the parkland dedication
which is required by the city and that the lot dedicated to parkland would meet those
requirements. He further explained that the site plan is for Lot 1 and 2 only and Lot 3 would not
be developed at this time and its development would be way in the future. The currently
proposed 96 units can be addressed by the sewer capacity and the wooded area that exists on Lot 3
would remain as is for at least the next five years. He discussed the widening of the right-of-way
and that they were not doing anything with Ripple Avenue. He also discussed issues with the
sewer system and traffic for the access on Oregon Street and that the emergency use only for the
access on Ripple Avenue which would result in no major traffic generation on this street. He
further discussed the gated access on Ripple Avenue as well as the access for the development to
Oregon Street. He attended a meeting with Winnebago County last week and discussed the
configuration of the lanes which will slow down traffic near this intersection. He stated that the
sewer expenses will be paid for by the developer and that all internal sewer facilities internally on
the site will be privately maintained resulting in no cost to residents. He also discussed the storm
water management for the site which will be contained by the detention pond as well as the
landscape berms and swales which will not negatively affect adjacent lands. He explained that the
development would not be adding any storm water runoff to the navigable stream and that
conditions will be better than the existing conditions in this area and that their storm water
management plans will require approval by the Department of Public Works. He explained that
the zoning classification on the site was designated when the property was attached to the city and
the property was not rezoned as previously stated. He discussed the internal sidewalks that will
be installed for the development and the flooding issues in this area and the study that the city is
currently working on and should be completed in the next few years. The mature trees along
Ripple Avenue that were previously stated as being removed will remain intact as no
improvements were proposed along Ripple Avenue and the berm for the development would be
inset. The existing trees are inside the right-of-way line and will serve as a buffer for the
development.
Mr. Thoms questioned what types of plantings were proposed along the top of the berm along
Oregon Street and Ripple Avenue.
Mr. Wood responded that it would be a mix of evergreens and deciduous trees which would be
approximately four feet tall at the time of installation and would be located 25 feet behind the
existing trees.
Mr. Hinz inquired if the sign would be located 25 to 30 feet off the intersection.
Mr. Wood replied that the developer will be working with staff on the proper placement of the
sign and that it would be imbedded into the berm along the site.
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Plan Commission Minutes 8 February 7, 2017
Mr. Thoms stated that the sewer capacity will be adequate to serve the proposed development but
the petitioner would not be developing anything on Lot 3 until such a time when the sewer
capacity is increased for this area.
Mr. Wood confirmed this and stated that any development on Lot 3 will not occur for at least five
years.
Sarah Hillenbrand, representing Premier Real Estate Management, stated that their company
develops and manages multi-family developments and discussed some of the other apartments
that they currently manage. She stated that they have an on-site caretaker for each development
and that their maintenance services have very high standards. She further stated that they have
constructed over 3,000 units across the state in the past three years and manage 11,000 units and
will deliver a top of the line product which they want to be a success. She continued discussion on
the B1 intersection, lighting, density of the development, landscaping plans, and the exterior
improvements done by the direction of the city. She discussed the noise concerns brought up by
property owners in the area and stated that potential tenants will have the opportunity to tour the
location and property and make their own decision about if this is an area that they choose to live
in. She provided further details of their development and construction company and discussed the
Soda Creek apartments in Oshkosh recently which have been very successful.
Mr. Thoms inquired who would be the target market for these rental units.
Ms. Hillenbrand indicated that they do not have a specific target market for these units and
discussed the various types of people such as empty nesters, young professionals, and other
potential tenants that would rent these units as apartments of this type offer a more flexible
housing option.
Mr. Thoms then inquired why the developer chose this site on the outskirts of the city rather than a
site closer to the central city.
Ms. Hillenbrand explained that they have staff that handle site selection and explained some of the
criteria that is considered when looking at potential development locations. Units that are not
centrally located and offer a more remote setting are desirable for some tenants and cost factors are
also considered as greenfield sites are less costly to develop as they do not have the expense of
demolishing existing structures to make the property buildable. She further discussed the
landscaping buffers, trees and berms that would address potential noise concerns.
Mr. Wood commented that the dedication of land for park purposes is by City ordinance and no
improvements would be done by the developer to this area and would be done by the City’s Parks
Department.
Mr. Borsuk stated that his concerns relating to this development have been addressed and he felt it
would be reducing the impacts for storm water management in this area.
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Plan Commission Minutes 9 February 7, 2017
Motion by Borsuk to approve a three-lot land division/certified survey map and planned development
for the creation of a multiple-family residential development on property located at 173 W. Ripple
Avenue with the following conditions for the land division:
1) Final lot configuration to be approved by the Department of Community Development.
2) Proposed utility easements along Ripple Avenue be extended through the proposed park land and a
storm water easement be established for the navigable stream located at the northwestern portion of
proposed Lot 1. Final utility easement locations and dimensions will be approved by the Department
of Public Works.
and the following conditions for the planned development:
1) Base standard modification to permit:
a. Curbs to be installed only at drive entrances and around parking stalls.
b. Monument sign for development to have no greater than 28 square feet of sign area and no
taller than eight feet in height.
c. Refuse enclosures in the front yard setback as proposed.
2) Final gate material and height specifications be reviewed and approved by the Department of
Community Development.
3) Oregon Street entrance be improved to meet B1 intersection standards with a far-side bypass lane.
4) Cross access agreement between Lot 1 and Lot 3 for the proposed shared access drive along Oregon
Street.
5) Gaps in the pedestrian walk system and proposed sidewalk widths be corrected at the time of building
permit review, as approved by the Department of Community Development.
6) Plant materials to meet code requirements and be designed to screen/buffer street frontages of the
development area where existing homes are located, as approved by the Department of Community
Development.
7) Final lighting plans and specifications be reviewed and approved during the site plan review process
by the Department of Community Development.
8) Grading, erosion control and stormwater plan be approved by the Department of Public Works and
the detention basin be designed without riprap above the water line, include emergent plants on the
safety shelf, and native plants on the side slope.
9) Wildlife mitigation plan be approved by Winnebago County Airport Director.
10) Air conditioning units and wood porches/balconies on the structures facades are painted/stained or
colored to match or compliment the building’s exterior façade color.
Seconded by Vajgrt.
Ms. Propp commented that there were concerns brought up regarding the airport and staff
indicated that they will work with the Airport Director regarding this development.
Mr. Burich responded affirmatively.
Mr. Thoms questioned if this was meeting the FAA standards.
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Plan Commission Minutes 10 February 7, 2017
Mr. Burich indicated that the development would meet the Airport Overlay District standards and
the detention basin wildlife mitigation plans would be approved by the Airport Director and the
development was compliant with Winnebago County Airport Overlay zoning standards.
Mr. Thoms then questioned if there were any concerns with a higher density development in this
area.
Mr. Burich responded that this development was not considered high density and explained the
calculations of how this determination is made and that this development was 50% less than the
density permitted in this zoning district and was not much greater than the density for single
family dwellings.
Mr. Cummings discussed the student’s concerns with being relocated to other schools and that the
children currently in attendance at area schools will not be moved to other facilities due to this
development. He also discussed the Country Club area south of this location and the flooding
issues in this area and questioned if these were two separate streams impacting the properties.
Mr. Gohde responded that they were two separate creeks and discussed the drainage of each creek
and the directional flow for both of these streams.
Motion carried 9-0.
II. AMENDMENT TO PLANNED DEVELOPMENT FOR LINCOLN HALL PARKING LOT
AT 608 ALGOMA BOULEVARD
The petitioner requests approval of a Planned Development amendment to allow
reconstruction/expansion of the existing parking lot.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. He discussed the current use of the site and the original
planned development approved and the various amendments to it since that time. He reviewed
the site plan for the reconstruction of the parking lot and reviewed the accesses to the site and
discussed the uses for the parking lot. He reviewed the base standard modifications for reduced
setbacks on the north, east, and southeast yards which are not a concern as there is a zero foot
setback for much of this area now. He reviewed the landscape plan and discussed the refuse
enclosure materials and location as well as the access control variance for the reduced lateral
clearance of the Wisconsin Street right-out exit. Lighting plans will be reviewed and approval
during the site plan review process and the Department of Public Works will review storm water
management plans which will be required to meet performance standards. He also reviewed the
conditions recommended for this request.
Mr. Thoms commented that the plans now depict a right-out exit on Wisconsin Street and he
recalled that it was previously discussed to be constructed as a right-in/right-out access. He asked
to confirm that it is currently proposed to be a right-out exit only.
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Plan Commission Minutes 11 February 7, 2017
Mr. Burich responded that this was correct.
Mr. Thoms then questioned what will prevent people from entering the site from the Wisconsin
Street exit only access.
Mr. Burich replied that the access is angled in a fashion to discourage or prevent people from
entering the site from this location.
Mr. Thoms then questioned if the main entrance is now on Union Avenue.
Mr. Burich responded affirmatively and that was currently the only access.
Mr. Thoms discussed the use of the access from Union Avenue and Algoma Boulevard and if this
would provide adequate area for maneuvering in and out of the site.
Mr. Burich indicated that the access should be adequate for the purpose intended.
Ms. Propp requested further clarification of how the access on Union Avenue will function.
Mr. Burich displayed on the site plan how the traffic will enter the access on Union Avenue and
circulate through the site and how the exits on Union Avenue and Wisconsin Street would
function. He further explained how the access on Wisconsin Street was not designed to enter the
parking lot from that direction.
Mr. Cummings questioned if the number of parking stalls for the site has increased from what
currently exists on the site.
Mr. Burich responded that this parking lot has evolved over time with the change in use however
the redevelopment of the parking lot has never been approved. The reconstruction of the parking
lot is first being presented for review at this time. The previous parking lot use was only
temporary.
Mr. Thoms inquired if there was an existing storm water detention basin on the site now.
Mr. Burich responded negatively.
Mr. Thoms commented that he did not know how the Commission could recommend approval of
the parking lot without knowing where the stormwater will be retained.
Mr. Gohde explained that there is a bioswale storm water management system on the north
portion of the site and the development does not have a quantity element as a redevelopment site
but a quality element only. He discussed how water would flow from the site to the storm water
management area and that there was additional capacity in the storm sewer facilities in this area.
He further explained that the city has not fully analyzed the plans at this time and it was currently
under review and will be required to meet ordinance standards. He further discussed details on
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Plan Commission Minutes 12 February 7, 2017
the quantity detention that is not required on a redevelopment site as the area was previously
impervious surface and the existing conditions and the quantity issues that would have to be
addressed.
Mike Lyster, 612 Elmwood Avenue, discussed the rental property adjacent to the Union Avenue
access and the numerous vehicles that park on it and the potential for an altercation with the
children in this area with the drop off/pick up location. He felt this was a safety issue and
questioned what the plans were for fencing around the parking lot.
Mr. Burich responded that the proposed fence would be solid and constructed of chain link with
interwoven slats similar to that at the central garage.
Mr. Lyster then discussed lighting in the parking lot which he stated is focusing out on the
neighboring properties and not just lighting the parking lot area. He felt the entrance was in a bad
location however he liked the plantings proposed for the landscape islands. He further stated that
he would like to see the upper level of parking stalls on the north be removed as he felt this would
be a more green approach which the University claims to be supportive of this type of action.
JoAnn Rife, Director of Planning and Construction, 650 Witzel Avenue, discussed the right-in and
right-out configuration for the access on Wisconsin Street and that the right-out only access makes
it extremely difficult to enter the site through this access. She also discussed the drop off area for
children and gave further explanation of where drop offs would occur and the sidewalk extending
from this area to the building that would not involve any safety issues related to the rental
property adjacent to the entrance. She continued discussion on the number of parking stalls which
she believed were 90 stalls initially and would be 123 with approval of the current site plan. She
explained that the lighting for the parking lot would be directionally focused to prevent light
spillover onto adjacent properties and that the trees on the site will help address lighting concerns
as well.
Mr. Thoms questioned if there would be “do not enter” signs placed on Wisconsin Street to
prevent people from entering from this access.
Ms. Rife responded that there would be both signage and markings on the pavement designating
this as an exit only access.
Mr. Thoms discussed the entrance and exit on Union Avenue and clarified that the drop off area
for the children would be near the building and will not be adjacent to the rental property that was
discussed previously.
Ms. Rife confirmed the location of the drop off area which would be located closer to the building
with sidewalk area leading to the building entrance and displayed this on the site plan.
Mr. Cummings stated that he would like to see an inventory of the oak trees on the site and
discussed his concern with the existing mature trees not being disturbed or destroyed and
discussed the area near the proposed entrance on Union Avenue. He stated that the bust currently
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Plan Commission Minutes 13 February 7, 2017
in this location would be relocated to the museum and that he felt this portion of the site is
unattractive and could be made more aesthetically pleasing.
Ms. Rife explained that the fence only extends so far in this area due to driveway visual triangle
issues as the vision triangle must be maintained to comply with city ordinance.
John Kneer, Rettler Corporation, 3317 Business Park Drive, Stevens Point, petitioner for this
request, discussed the concern of tree removal on the site and stated that there was only one tree
that would be impacted on the far east side of the site and it was not an oak tree. He further
explained that the oak trees on the property are south of the building. He discussed the repaving
of the Union Avenue area to relocate the storm sewer lines and that it would not be impacting the
root systems of any mature trees. The lighting for the parking lot will involve moving the current
light poles to the parking lot islands and changing the fixtures to LED lighting that will be more
focused on the parking area. He further explained that they will be adding swamp oak trees to the
site and a heavily landscaped area along the bioswale system on the north side of the site. With
the proposed parking lot reconstruction, they would be adding 66 square feet of impervious
surface to the site from its pre-development status to post development. They would be handling
the storm water management as required by the city for both water quality and quantity
standards.
Bernard Pitz, 617 W. Irving Avenue, stated that he owns the property across from the subject site
on Wisconsin Street and that the University is extending the parking lot to the west. He discussed
the history of the site and the removal of the grassed area on one portion of the site previously that
was not legally done. He also discussed the right-in/right-out configuration for the drive access
that he felt was not feasible as people do not abide by it anyway. He continued with discussion on
the conditions for the use of the site that were placed on it when the original planned development
was approved and that the University was not abiding by those conditions. He stated that
employees from the site use Church Avenue for parking so there is no on-street parking for the
residents that live in that area. He also discussed the new dormitory that the University
constructed and that the facility has less enrollment however they need more parking. He felt they
need to address the storm water issues as the area did not used to be impervious surface but a
playground. He discussed the extensions the University has received for the parking lot
reconstruction and the removal of trees on sites that they redevelop. He stated that this was a
residentially zoned area and is not for commercial uses such as this parking lot.
Mr. Nollenberger commented that he had been looking forward to this project being completed.
Motion by Nollenberger to approve an amendment to a planned development for the
reconstruction/expansion of the Lincoln Hall parking lot located at 608 Algoma Boulevard with the
following conditions:
1. Base standard modifications from the Zoning Code for the following items:
a. Permit reduction of the rear (north) setback to 20 feet.
b. Permit reduction of the side (east) buffer yard and setback to 0.44 feet.
c. Permit reduction of the front (southeast) setback to 0.44 feet.
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Plan Commission Minutes 14 February 7, 2017
d. Permit reduction of double parking row island width/area to 5 feet wide and less than 250
square feet in area.
e. Allow zero (0) shade/deciduous trees per double parking row island, with the condition that
six (6) shade/deciduous trees be planted along the northern perimeter of the parking lot.
f. Allow chain link fencing with slats as the exterior materials of the dumpster enclosure with
approval from Planning Services.
2. Base standard modification from the Access Control Ordinance to permit reduction of lateral
clearance of the Wisconsin Street right-out exit to about 20 feet where code requires a 75 foot lateral
clearance.
Seconded by Vajgrt. Motion carried 9-0.
III. PUBLIC HEARING ON PROPOSED CREATION OF TAX INCREMENT FINANCING
DISTRICT #31 BUCKSTAFF REDEVELOPMENT; DESIGNATION OF BOUNDARIES
AND APPROVAL OF PROJECT PLAN
Tax Incremental District #31 (the “TID” or “District”) is a proposed 8.05 acre blighted area district
located along South Main Street between East South Park Avenue and East 11th Avenue. The
proposed District, referred to as the Buckstaff Redevelopment will be created to facilitate a
proposed 8.05 acre, $21 million redevelopment project consisting of an 80,000 sq ft multi-purpose
arena and public infrastructure improvements. The Canadian National Railroad owns an
additional 0.72 acres within the proposed District with redevelopment potential.
The City anticipates making total Project Cost expenditures of approximately $5.1 million to
facilitate redevelopment within the District. This total is comprised of $5.1 million in potential
“pay as you go” development incentives for $1.8 million for extraordinary site costs due to the
contamination and site location and $3.3 million in street, utilities, and other public infrastructure
improvements.
Mr. Burich presented the item and introduced Todd Taves of Ehlers & Associates who are the
financial consultants for the city and prepared the project plan for the proposed creation of the
TIF District. He reviewed the site and surrounding area as well as the land use and zoning
classifications in this area and discussed the purpose and costs of the proposed District. He
reviewed the boundaries of the TIF District and discussed the storm water and remediation
costs and other site issues that would be addressed with the $5.1 million development
incentives. He discussed further the potential site redevelopment costs as it is a contaminated
area and the costs for street and sidewalk reconstruction, and improvements necessary for
signals at South Park Avenue and 11th Avenue and sewer and water improvements. He
reviewed the project costs and a rendering of the arena to be developed on the site and
explained how the developer would be paying for the costs initially and the establishment of
the TIF District would provide the funding mechanism to pay the developer back for these
costs.
Mr. Thoms questioned if the development does not move forward, if the TIF District will be
cancelled.
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Plan Commission Minutes 15 February 7, 2017
Mr. Burich responded affirmatively.
Mr. Thoms then questioned if the establishment of the TIF District was to assist the developer
with choosing Oshkosh for the location of their development.
Mr. Burich indicated that the establishment of the TIF District is showing that the community is
willing to move forward with this project and will assist the developer in moving forward.
Mr. Thoms commented that there is a portion of property added on the east of the subject site
for the arena that is owned by the railroad. He questioned if the TIF District would cover the
wrap around road extension that was discussed when the planned development of the arena
was reviewed.
Mr. Burich indicated that the TIF would have to be amended to add that aspect of the
development at a later date if that plan was going to proceed. He further stated that the life of
the proposed TIF would be 27 years.
Mr. Kiefer inquired what will happen on 12th Avenue and what the current conditions of the
road were.
Mr. Gohde explained that 12th Avenue is 37 feet wide and was being included in the TIF District
as the sewer pipes in that area may be too small to handle the capacity for the arena. He further
explained that 12th Avenue is not a concrete street and he does not believe sewer capacity will be
an issue as far as serving the arena and 12th Avenue may not be required to be reconstructed.
Mr. Burich stated that we add potential projects into the plan that may not move forward to
ensure that all costs could be covered and that we can use TIF funding to pay it back if it is
deemed necessary.
Mr. Gohde commented that we do not need to move forward now with the potential street
reconstruction to serve the arena.
Mr. Burich added that if the street reconstruction is determined to not be necessary, it will
reduce the overall project costs of the TIF District.
Mr. Kiefer questioned if the 12th Avenue reconstruction costs are not included in the project
plan.
Mr. Burich indicated that they were however if it was not needed the city will be able to pay off
the TIF sooner than anticipated.
Todd Taves, Ehlers & Associates, gave further explanation of project costs which have to be a
direct result of the project that the TIF was created to support and that the developer cannot be
required to pay for items that are not deemed necessary.
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Plan Commission Minutes 16 February 7, 2017
Mr. Thoms suggested that the amount of the TIF should be reduced if these costs were not
deemed to be necessary.
Mr. Gohde stated that they had just completed their analysis this morning and that they do not
have a lot of information on this area as it is a very old portion of the city. We may have to
reconstruct 12th Avenue if the capacity is found to not be adequate.
Mr. Thoms commented that he did not want to see the TIF funds used for other projects as
unused funds could be borrowed against and used elsewhere in the city for other purposes.
Mr. Borsuk commented that in post construction some of the infrastructure costs may be
necessary.
Mr. Taves stated that to use this TIF as a donor TIF would require an amendment to the
approved District.
Mr. Burich added that some items are included as a placeholder to ensure that if the City needs
to reconstruct to service the project then TID funds could be used to pay down the project debt.
Mr. Taves explained that this portion of the project can be taken out and the TIF could still be a
donor TIF in the future as performance of the district effects if it can be used as a donor for
improvements to another area of the city.
Mr. Burich commented that the city was not borrowing funds and that the existing increment
established was to payback expenses incurred by the development.
Mr. Kiefer inquired if owners in this area will be accessed for any street improvements or if
these costs would be paid for by the TIF District.
Allen Davis, Director of Community Development, stated that was yet to be determined and the
City was keeping options open at this time and that costs estimates are the only element
completed.
Mr. Pitz questioned if the property taxes were paid on this site.
Mr. Burich responded that he was not sure.
Mr. Pitz then questioned if the taxes were not current, who will be paying the back taxes on the
property.
Mr. Taves responded that this would go into foreclosure and has no effect on the establishment
of the TIF District.
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Plan Commission Minutes 17 February 7, 2017
Motion by Vajgrt to approve the creation of Tax Increment Financing District #31 Buckstaff
Redevelopment; designation of boundaries and approval of the Project Plan.
Seconded by Thoms. Motion carried 9-0.
There being no further business, the meeting adjourned at approximately 6:40 pm. (Vajgrt/Thoms)
Respectfully submitted,
Darryn Burich
Director of Planning Services