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Plan Commission Minutes 1 May 4, 2021
PLAN COMMISSION MINUTES
May 4, 2021
PRESENT: Margy Davey, Michael Ford, Derek Groth, John Hinz, John Kiefer, Justin Mitchell,
Thomas Perry, Kathleen Propp, Jay Stengel
EXCUSED: Mamadou Coulibaly, Phil Marshall
STAFF: Mark Lyons, Planning Services Manager; Allen Davis, Community Development
Director; Justin Gierach, Engineering Division Manager; Jim Collins, Director of
Transportation, Brian Slusarek, Planner; Jeff Nau, Associate Planner; Steven Wiley,
Associate Planner; Brandon Nielsen, Assistant Planner;
Chairperson Propp called the meeting to order at 4:00 pm. Roll call was taken and a quorum
declared present.
The minutes of April 20, 2021 were approved as presented. (Hinz/Kiefer)
I. ACCESS CONTROL VARIANCE FOR RESIDENTIAL DEVELOPMENT AT
SOUTHEAST CORNER OF W 9TH AVE AND LINDEN OAKS DRIVE
Site Inspections Report: No commissioners reported visiting the site.
Staff report accepted as part of the record.
The petitioner is requesting an access control variance to permit the following:
1. Increased driveway width on W 9th Ave. to 38’ where code allows a maximum of 30’
and increased driveway curb cut width to 48’ where code allows a maximum of 40’.
Mr. Nielsen presented the item and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. On January 26th, 2021 Common Council approved a 40-
home pocket neighborhood for older adults. The proposed development will have two driveways
access points, one along Linden Oaks Drive and one along West 9th Avenue. The driveway along
W. 9th Ave. has a proposed driveway and curb cut width that is wider than code allows. This
driveway is designed to have a 16’ one-way drive aisle on each side of a 6’ wide island, resulting in
an increased driveway width of 38’ and 48’ curb cut. Staff is supportive of the requested driveway
and curb cut width increase to accommodate safety concerns related to accessing the site and
parking area at the proposed club house. Staff recommends approval of an access control variance
with the findings and conditions listed in the staff report.
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Plan Commission Minutes 2 May 4, 2021
Ms. Propp opened up technical questions to staff.
There were no technical questions on this item.
Ms. Propp asked for any public comments and asked if the applicant wanted to make any
statements.
Jack Richeson from Martenson & Eisele, Inc, applicant, said he was available to answer technical
questions.
There were no other public comments on this item.
There were no public comments on this item.
Ms. Propp closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Ford to adopt the findings and recommendation as stated in the staff report.
Seconded by Hinz.
Ms. Propp asked if there was any discussion on the motion.
There was no discussion on the motion.
Motion carried 9-0.
II A. PUBLIC HEARING: ZONE CHANGE FROM NEIGHBORHOOD MIXED USE
DISTRICT (NMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED
DEVELOPMENT OVERLAY (SMU-PD) AND APPROVAL OF A GENERAL
DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR PROPERTY
LOCATED AT 1700 BLOCK W 9TH AVENUE
Site Inspections Report: Ms. Propp, Mr. Hinz, Mr. Perry, Mr. Groth, Ms. Davey, and Mr. Stengel all
reported visiting the site.
Staff report accepted as part of the record.
The applicant requests a zone change from the existing Neighborhood Mixed Use District (NMU)
to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). The applicant
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Plan Commission Minutes 3 May 4, 2021
also requests approval of General Development Plan and Specific Implementation Plan to allow for
construction of an auto service facility.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The subject area consists of two vacant parcels, totaling
approximately 0.65 acres in size, located on the south side of W 9th Avenue, east of S. Koeller
Street. The parcels are zoned Neighborhood Mixed Use District (NMU). The surrounding area
consists of commercial uses to the west and residential uses to the north, south, and east. The 2040
Comprehensive Land Use Plans recommends neighborhood commercial use for the subject area.
Staff recommends approval of the rezone, General Development Plan and Specific Implementation
Plan and the findings and conditions listed in the staff report.
Ms. Propp opened up technical questions to staff.
Mr. Perry stated that the neighbors’ concerns are valid. He asked how often the city reevaluates
situations like that.
Mr. Collins said they do a crash analysis every year in the spring so any issues with high crash
locations come up at the time. There hasn’t been any major issues there regarding crash incidents.
There has been a few left turn crashes coming out of Kwik Trip and a few others where drivers slid
on ice that are hard to prevent. But there are not any crash concerns. It is hard to turn left out of
those drive ways, however this site will be redeveloped and this type of development is low traffic
generator. Jiffy Lube estimated 25 clients per day as the national average.
Mr. Perry asked what necessitates a review other than from the police department.
Mr. Collins said that generally if the police department reports there’s a trend in incidents they will
work with them to evaluate what the issues are and come up with solutions. Other than the annual
review or the police department, that’s what will facilitate a review. If the public calls with
concerns we will look into those as well.
Mr. Mitchell asked where the parking requirement standards came from.
Mr. Lyons said that it is a very common standard for in-service vehicle sales land uses. It’s a
similar calculation to a lot of in-service sales like gas stations, or car washes.
Mr. Mitchell said that he is all about reducing the parking spots. He wanted to know when that
went into place.
Mr. Lyons said it was a part of the 2017 update.
Mr. Mitchell asked if any progress has been made with the goals from the sustainability board to
help provide native landscaping to area businesses such as this.
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Plan Commission Minutes 4 May 4, 2021
Mr. Lyons said they upped the point value for native landscaping. They will get more bang for
their buck for choosing to use native landscaping. It’s 1 ½ times the normal points. Especially
when you have tight sites like this, using native plantings is a way to achieve some landscaping
totals while being true to the nature of the area.
Mr. Hinz asked if there has been any thought to the cross access increasing the flow of traffic
because of people trying to get away from the round-about and using Jiffy Lube’s lot instead of
Kwik Trip.
Mr. Lyons said it was viewed as a benefit to allow some of the Kwik Trip traffic to exit farther east
giving greater separation from that round-about.
Mr. Hinz asked what the location of the driveway was.
Mr. Gierach said that it doesn’t exactly line up with Westfield, it is kind of further east but it is in
the right of way within Westfield.
Ms. Davey said that when the sustainability plan was originally written with the language about
the native planting, it was accepted in 2012. In 2017 when the city did the new zoning ordinances
and there are several pages of recommendations of plantings, which does include native plantings.
The sustainability board is in the process of creating several pamphlets based on bushes, trees and
that sort of thing for native plantings.
Mr. Lyons asked that when sustainably is finished with that if they can get a copy to see if they
should add anything into the zoning ordinance.
Ms. Propp asked for any public comments and asked if the applicant wanted to make any
statements.
Ed Bowen from the Morgan Partners, applicant, said he is available to address questions or
concerns with the project. It has been in the works for a few years but they are close to having
something everyone is happy with.
Ms. Propp asked to describe where the access points are.
Mr. Bowen said that the building façade shows it’s in and out through the four bay doors. It is a
pull-through. Entering east and exiting north onto 9th Ave. The pattern goes counter clockwise
around the building.
Mr. Ford asked Mr. Bowen to explain the traffic concerns that this site might impact compared to
possible other uses for the site.
Mr. Bowen said that the neighbors have a right to be concerned with traffic. Those concerns
regarding this use aren’t appropriate because it’s such a low traffic use. In talking with Jiffy Lube,
the national average for a strong performing Jiffy Lube is 25 visits per day with peak visits
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Plan Commission Minutes 5 May 4, 2021
between the hours of 11am-3pm. This offsets the times that Kwik Trip and Walgreens would be
busiest, either early morning or afternoons. Kwik Trip in that location said they have 3600 trips per
day. An average Walgreens or CVS store has 1500-1600 trips per day. The 25 trips a day for the
Jiffy Lube would add .0037% increase in traffic. As it relates to this stretch of road, this use is
properly as low traffic a use as is going to be economically viable in that location. In a straight zone
situation, you could have something that could be a more traffic intense situation. By providing
the cross access, it will also help to reduce some of the points of conflict and providing a little
pressure relief valve for some of the backup that might happen in the Kwik Trip parcel.
There were no other public comments on this item.
There were no public comments on this item.
Ms. Propp closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Hinz to adopt the findings and recommendation as stated in the staff report.
Seconded by Mitchell.
Ms. Propp asked if there was any discussion on the motion.
Mr. Hinz said that the discussion they had with Mr. Bowen will help to alleviate the traffic
concerns. They did a great job getting a development in that location that isn’t going to make
traffic worse.
Ms. Propp said to the public that they received all the emails and read them and is glad they
reached out with their concerns.
Motion carried 9-0.
II B. ACCESS CONTROL VARIANCES FOR 1700 BLOCK W 9th AVENUE
Site Inspections Report: Ms. Propp, Mr. Hinz, Mr. Perry, Mr. Groth, Ms. Davey, and Mr. Stengel all
reported visiting the site.
Staff report accepted as part of the record.
The petitioner is requesting access control variances to permit the following:
1. Reduced lateral clearance from W 9th Avenue to 27.2’ where code requires a minimum of
75 feet.
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Plan Commission Minutes 6 May 4, 2021
2. Increased driveway width to 31’, where code allows a maximum width of 30 feet.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The subject area consists of two vacant parcels, totaling
approximately 0.65 acres in size, located on the south side of W 9th Avenue, east of S. Koeller
Street. The parcels are zoned Neighborhood Mixed Use District (NMU). The surrounding area
consists of commercial uses to the west and residential uses to the north, south, and east. The 2040
Comprehensive Land Use Plans recommends neighborhood commercial use for the subject area.
The proposed development will have a single access along W 9th Avenue. In this particular case,
staff does not have concerns with the requested lateral clearance reduction as the proposed 27.2’
lateral clearance provides for stacking of two vehicles and the proposed parking lot is relatively
small with only 6 stalls and the site will have a cross-access connection to the neighboring Kwik
Trip site to the west to provide an alternative entrance/exit for customers. Staff recommends
approval of access control variance proposed with the findings and conditions listed in the staff
report.
Staff is also supportive of the increased driveway width as it provides a slightly increased (by 1
foot) width for vehicles to maneuver in and out of the W 9th Avenue right-of-way. This is
beneficial as it should improve ease of access to/from the site and mitigate further traffic concerns.
Ms. Propp opened up technical questions to staff.
There were no technical questions on this item.
Ms. Propp asked for any public comments and asked if the applicant wanted to make any
statements.
Mr. Bowen said that the access control variances that they are approving on nearly every project is
not because the project needs it but because the ordinance is outdated. He is supportive of the
ordinance being re-written.
There were no other public comments on this item.
There were no public comments on this item.
Ms. Propp closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Ford to adopt the findings and recommendation as stated in the staff report.
Seconded by Mitchell.
Ms. Propp asked if there was any discussion on the motion.
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Plan Commission Minutes 7 May 4, 2021
Ms. Propp is supportive of larger driveway entrances.
Motion carried 9-0.
III. SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR LOT LINE ADJUSTMENT
& SHARED DRIVEWAY AT 1725 W 9th AVENUE
Site Inspections Report: Ms. Propp, Mr. Hinz, Mr. Perry, Mr. Groth, Ms. Davey, and Mr. Stengel all
reported visiting the site.
Staff report accepted as part of the record.
The petitioner requests an amendment to the Specific Implementation Plan approval for a lot line
adjustment and new shared driveway at 1725 W 9th Avenue.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The applicant has submitted plans as well as a CSM
application to expand the subject site slightly to the east by acquiring 4,480 sq. ft. of the
neighboring vacant property. This lot expansion is intended to provide sufficient area on the
subject site to construct a two-way cross-access drive for connection to the future commercial site
to the east. As noted in Item II A, staff is supportive of the proposed cross-access drive as it will
improve vehicular circulation for the site and provide relief to the amount of traffic currently using
the Kwik Trip access. A CSM will need to be approved administratively for the lot expansion and
a cross access agreement will need to be drafted for the shared driveway and filed with Winnebago
County Register of Deeds. Staff recommends approval of the Specific Implementation Plan
amendment as proposed with the findings and conditions listed in the staff report.
Ms. Propp opened up technical questions to staff.
There were no technical questions on this item.
Ms. Propp asked for any public comments and asked if the applicant wanted to make any
statements.
Mr. Bowen said that in the neighborhood meeting Kwik Trip had mentioned adding additional
pumps and expanding the canopy. That is not something they are currently planning and not an
improvement they anticipate making. There was some concern that expanding the pumps would
create additional traffic.
There were no other public comments on this item.
There were no public comments on this item.
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Plan Commission Minutes 8 May 4, 2021
Ms. Propp closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Perry to adopt the findings and recommendation as stated in the staff report.
Seconded by Kiefer.
Ms. Propp asked if there was any discussion on the motion.
There was no discussion on the motion.
Motion carried 9-0.
IV A. GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN
APPROVAL FOR INDOOR SALES AND SERVICE AND VEHICLE SALES USE AT
THE NORTHWEST CORNER OF S. WASHBURN STREET AND W. RIPPLE AVENUE
Site Inspections Report: Mr. Perry, Ms. Davey, and Mr. Hinz reported visiting the site.
Staff report accepted as part of the record.
The applicant requests approval of a General Development Plan and Specific Implementation Plan
(GDP/SIP) to allow for indoor sales and service and vehicle sales use at the northwest corner of S.
Washburn Street and W. Ripple Avenue.
Mr. Wiley presented the item and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. The subject parcel is zoned Suburban Mixed Use with a
Planned Development Overlay (SMU-PD). The parcel is approximately 32.46 acres (1,414,119 sq.
ft.) in area. The applicant proposes dividing this parcel via CSM to create two parcels. The
southern parcel would be approximately 13.11 acres in size and be used for the Camping World
development. Currently the parcel is a vacant lot and is located at the northwest corner of S.
Washburn Street and W. Ripple Road. Interstate 41 runs north-south just to the east of S.
Washburn Street and the subject site. The current Oshkosh city limit runs along the western edge
of the subject parcel. The surrounding area consists of mixed commercial, institutional, and
industrial uses. The 2040 Comprehensive Land Use Plan recommends Interstate Commercial use
for the subject area. Staff recommends approval of the General Development Plan with the
findings and conditions listed in the staff report.
Ms. Propp opened up technical questions to staff.
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Plan Commission Minutes 9 May 4, 2021
Mr. Kiefer said he was concerned with the base standard modification for the class 1 materials.
They aren’t coming close on the three sides. He wants to know how it’s allowed to not meet any of
the standards and just do a modification.
Mr. Lyons said that it was something that staff struggled with as well. However because of the
nature of the development, the location of the site, the length of the building and because of the
cost of construction with a building this size it can be difficult to accomplish. We look for more
added landscaping to help break it up. With the additional 400 points of landscaping, we feel that
it is a reasonable compromise.
Mr. Ford asked since the code prohibits class 4 materials, if that is that not the case in industrial
use.
Mr. Lyons said there are typical applications for industrial use. When possible, we try to avoid
them. It’s the scale of development and material cost being elevated.
Ms. Davey asked if there are other buildings along the corridor that would be similar in nature as
far as the materials.
Mr. Lyons said yes and no. There’s nothing immediately in the vicinity. The closest building north
(Big Rig Chrome) has a similar layout.
Ms. Davey is confused by the shape of the lot and the shape of what’s being built on the lot. She
asked if they own the land north of here but not doing anything with it at this point.
Mr. Lyons said they would be buying that southern portion of the property from the current
owner for their development and there would be some developmental parcels.
Mr. Mitchell asked if they could put in a giant parking lot without any shade or breaks.
Mr. Lyons said the differentiation is if it’s a parking lot or for storage. Storage areas don’t require
endcaps. Parking lots do require those. If the entire lot was a parking lot they would not be exempt
from any of those requirements. They would have to have endcap islands and every 20 spaces
would have to have a mid-row island. For outdoor storage land uses, they are not required those.
Staff looks at those as agreeing with Justin. It is a huge area of uninterrupted asphalt. Through the
planned development, we are asking they add something as its not traditional parking.
Mr. Mitchell said he appreciates them putting in the landscaping and provides a nicer
environment.
Ms. Propp asked how much better the site would look with the increased landscaping.
Mr. Lyons said that with the current yard landscaping missing including the 400 points they are
suggesting in addition, we are looking at over 1000+ landscaping to the site. With the requirements
and the missing landscaping, it will be a significant addition. It would be about 25% more.
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Plan Commission Minutes 10 May 4, 2021
Ms. Propp asked for any public comments and asked if the applicant wanted to make any
statements.
Grant Duchac from Excel Engineering made himself available for questions.
Mr. Perry asked if there was a requirement for galvanized vs not when it comes to steel siding.
Mr. Lyons said that it is required to be galvanized.
Chris Walters with DVS Group and Derek Mathers from Camping World clarified that the fencing
will be black rod ironed fencing from the east site from the east side of the site separating the
parking area from the inventory storage and black coated chain link in the other areas of the
inventory lot.
Mr. Lyons asked for clarification on the metal siding.
Mr. Walters said it would be a painted prefinished metal product with a flat finish and a grey
color.
Ms. Propp asked if the applicant is willing to accept the extra landscaping.
Mr. Walters said yes they are willing and would like to talk to staff about the locations in relation
to light pole locations.
Ms. Davey asked if it was painted metal if it could be something painted something that would
match the front façade.
Mr. Walters said it doesn’t have to be painted grey, it can be tan but there are limited color options.
Mr. Perry said he is happy the metal panels are repairable without having the take the entire panel
down.
Mr. Walters said the panels come with a 25 year warranty on the paint finish.
There were no other public comments on this item.
There were no public comments on this item.
Ms. Propp closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Davey to adopt the findings and recommendation as stated in the staff report.
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Plan Commission Minutes 11 May 4, 2021
Seconded by Mitchell.
Ms. Propp asked if there was any discussion on the motion.
Mr. Ford thanked Mr. Lyons for the clarification on the metal uses.
Mr. Hinz encouraged staff and future developers said the workshops are phenomenal and make
the process easier.
Motion carried 9-0.
IV B. ACCESS CONTROL VARIANCES FOR INDOOR SALES AND SERVICE AND
VEHICLE SALES USE AT THE NORTHWEST CORNER OF S. WASHBURN STREET AND W.
RIPPLE AVENUE
Site Inspections Report: Mr. Perry, Ms. Davey, and Mr. Hinz reported visiting the site.
Staff report accepted as part of the record.
The petitioner is requesting access control variances to permit the following:
1. Reduced lateral clearances from S Washburn Street to 50’ where code requires a minimum
of 75 feet.
2. Increase in north driveway width from a 30’ driveway/40’ curb cut to a 40’ driveway/70’
curb cut
Mr. Wiley presented the item and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. The subject parcel is zoned Suburban Mixed Use with a
Planned Development Overlay (SMU-PD). The parcel is approximately 32.46 acres (1,414,119 sq.
ft.) in area. The applicant proposes dividing this parcel via CSM to create two parcels. The
southern parcel would be approximately 13.11 acres in size and be used for the Camping World
development. Currently the parcel is a vacant lot and is located at the northwest corner of S.
Washburn Street and W. Ripple Road. Interstate 41 runs north-south just to the east of S.
Washburn Street and the subject site. The current Oshkosh city limit runs along the western edge
of the subject parcel. The surrounding area consists of mixed commercial, institutional, and
industrial uses. The 2040 Comprehensive Land Use Plan recommends Interstate Commercial use
for the subject area. Staff recommends approval of access control variances with the findings and
conditions listed in the staff report.
Ms. Propp opened up technical questions to staff.
There were no technical questions on this item.
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Plan Commission Minutes 12 May 4, 2021
Ms. Propp asked if there were any public comments and asked if the applicant wanted to make
any statements.
There were no statements from the applicant.
There were no other public comments on this item.
There were no public comments on this item.
Ms. Propp closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Hinz to adopt the findings and recommendation as stated in the staff report.
Seconded by Ford.
Ms. Propp asked if there was any discussion on the motion.
There was no discussion on the motion.
Motion carried 9-0.
V A. PUBLIC HEARING: ZONE CHANGE FROM URBAN MIXED USE DISTRICT (UMU)
TO URBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (UMU-
PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN AND SPECIFIC
IMPLEMENTATION PLAN FOR PROPERTY LOCATED AT 630-640 N MAIN STREET
Site Inspections Report: Ms. Propp, Mr. Groth, Mr. Hinz, Mr. Perry and Ms. Davey all reported
visiting the site.
Staff report accepted as part of the record.
The applicant requests a zone change from the existing Urban Mixed Use District (UMU) to Urban
Mixed Use District with a Planned Development Overlay (UMU-PD). The applicant also requests
approval of General Development Plan and Specific Implementation Plan to allow for a gas
station/convenience store and laundromat.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The subject area consists of two parcels, totaling
approximately 0.5 acres in size, located on the east side of N. Main Street, north of E Parkway
Avenue. The site was previously used as an auto service facility and associated vehicle
parking/storage area. The surrounding area consists primarily of commercial uses as well as
residential uses to the east. The 2040 Comprehensive Land Use Plans recommends Center City use
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Plan Commission Minutes 13 May 4, 2021
for the subject area. Staff recommends approval of the rezone, General Development Plan and
Specific Implementation Plan and the findings and conditions listed in the staff report.
Ms. Propp opened up technical questions to staff.
There were no technical questions on this item.
Ms. Propp asked if there were any public comments and asked if the applicant wanted to make
any statements.
Travis Zimmerman from Alliance Construction, applicant, stated it’s a significant improvement to
the property. There is going to be masonry fence between the residential neighborhood and this
property.
Del Singh, owner, said that he wants to make improvements to the site and do a traffic analysis to
help alleviate any traffic concerns. He said he spoke with the neighbor about the fence and the
most aesthetically pleasing material would be brick and would help to cancel out noise pollution.
There are going to 3 gas pumps, 6 fueling position and 3 electric vehicles chargers so they are not
expecting it to be high traffic. It will not be operating as a 24 hour location. It will be from 5am-
11pm.
Mr. Groth asked what the hours of the connected laundromat would be.
Mr. Singh said they are the same as the convenience store, from 5am-11pm.
Barb Cayer, neighbor, said her biggest concerns with the site would be noise and people being able
to see through the fence. She asked how tall the fencing would be.
Mr. Lyons said the fence would need to be 6 feet tall at the time of construction.
Mr. Singh said that they are working with Alliance Construction and they had mentioned to
incorporate the masonry fence and if they could go taller they will talk about it, but it will at least
be 6 feet. In addition, they will have the landscaping. He said they don’t anticipate much noise
while in operation but will have staff to help manage it. It does help that it is not a 24 hour
location.
Mr. Lyons said the UMU zone does allow up to an 8 foot fence in rear yards so the applicant could
go up to 8 feet.
Ms. Cayer said that the 8 foot fence would be ideal.
Ms. Propp agreed with the 8 foot fencing.
Ms. Cayer asked if they were going to be painting the brick building that is facing her yard.
Mr. Singh said that the plans are showing a reface with new brick materials.
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Plan Commission Minutes 14 May 4, 2021
There were no public comments on this item.
Ms. Propp closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Mitchell to adopt the findings and recommendation as stated in the staff report.
Seconded by Davey.
Ms. Propp asked if there was any discussion on the motion.
Ms. Davey commended the owner for taking an eye sore on North Main to something that looks
really nice. It will match the existing property across the street. Even though she said she’s not
comfortable with putting more fossil fuel into the area, but they have done a remarkable job.
Mr. Mitchell asked if there was a way to enforce the operation hours of the business in case they
wanted to go to a 24-hour operation.
Mr. Lyons said that business hours are typically not enforceable from a land use perspective.
Mr. Mitchell said they have made considerable efforts to make downtown pedestrian friendly. He
wants to know if there any sort of infrastructure they can require for bicycle racks or for non-
vehicular transportation.
Mr. Slusarek said they need to provide 4 spaces for bicycles.
Mr. Zimmerman said they have 5 bike racks by vehicle chargers.
Mr. Mitchell said the applicant and owner are doing a great job of addressing concerns of
neighbors. He wants to know if there is any financial assistance to neighbors who want to put up
landscaping as a part of the buffer.
Mr. Lyons said there is not presently a funding source for it but it can be investigated.
Motion carried 8-0.
V B. ACCESS CONTROL VARIANCES FOR COMMERCIAL DEVELOPMENT AT 630-640 N
MAIN STREET
Site Inspections Report: Mr. Perry, Ms. Davey, and Mr. Hinz reported visiting the site.
Staff report accepted as part of the record.
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Plan Commission Minutes 15 May 4, 2021
The petitioner is requesting access control variances to permit the following:
1. Reduced lateral clearance from N. Main St. to 6’ where code requires a minimum of 75 feet.
2. Reduced driveway spacing to 77’ 2” (on-site driveways) and 10’ (neighboring driveway to
the south), where code requires a minimum driveway spacing of 105’.
3. Increased number of driveways to two, where code allows a maximum of one.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The proposed development will have 2 one-way access
driveways along N. Main Street. The intended use of the property is for a commercial
development (gas station and convenience store/laundromat). Staff is supportive of the requested
lateral clearance reduction as the site lacks sufficient space to increase the throat clearance and will
be designed for one-way vehicle circulation which will alleviate concerns related to vehicle
stacking. Also, the proposed parking lot is relatively small with 12 parking spaces and 6 gas
pumps.
Staff is also supportive of a second driveway for the site with reduced driveway spacing to 77’ 2”
for the on-site driveways and 10’ from the existing Burger King drive-thru exit to the south. The
second driveway is needed to accommodate one-way ingress/egress for the site and the lot is not
wide enough to meet the 105’ spacing requirement. The applicant will be utilizing the existing
curb cuts for access to the site, so there will be no change from the existing conditions. Staff
recommends approval of access control variances with the findings and conditions listed in the
staff report.
Ms. Propp opened up technical questions to staff.
There were no technical questions on this item.
Ms. Propp asked if there were any public comments and asked if the applicant wanted to make
any statements.
There were no statements from the applicant.
There were no other public comments on this item.
There were no public comments on this item.
Ms. Propp closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Hinz to adopt the findings and recommendation as stated in the staff report.
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Plan Commission Minutes 16 May 4, 2021
Seconded by Kiefer.
Ms. Propp asked if there was any discussion on the motion.
There was no discussion on the motion.
Motion carried 8-0.
VI. GENERAL DEVELOPMENT PLAN AMENDMENT & SPECIFIC IMPLEMENTATION
PLAN APPROVAL FOR A MULTI-FAMILY DEVELOPMENT LOCATED AT SOUTHWEST
CORNER OF PEARL AVENUE & RIVERWAY DRIVE
Site Inspections Report: Ms. Propp and Mr. Groth reported visiting the site.
Staff report accepted as part of the record.
The applicant requests approval for a General Development Plan (GDP) amendment and Specific
Implementation Plan (SIP) for a multi-family development.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The subject area is zoned Urban Mixed Use District with
a Planned Development Overlay (UMU-PD) and consists of a 1.4 acre vacant parcel, located at the
southwest corner of Pearl Avenue and Riverway Drive. The surrounding area consists
predominantly of multi-family residential and institutional land uses. The 2040 Comprehensive
Land Use Plan recommends Center City use for the subject area. Staff recommends approval of the
General Development Plan amendment and Specific Implementation Plan and the findings and
conditions listed in the staff report.
Ms. Propp opened up technical questions to staff.
Mr. Mitchell asked if they could clarify the accessibility features or any areas that could be
considered affordable housing.
Mr. Lyons said that the developer should be able to help answer that.
Ms. Propp asked if there were any public comments and asked if the applicant wanted to make
any statements.
Peter Jungbacker representing the applicant, Morgan Crossing phase 2, said the project is an
expansion of an existing phase that was started 12 years ago. Much of the landscaping that has
been commented on will exist in the next phase. Over time they have expanded the height of the
building by two floors from the originally three floors in phase 1. The have had to adjust according
to demand. The parking demand will be different in this phase and over time. They will be
installing electric charging units and have a large bicycle storage area in the lower level and
underground parking. It’s unique from the first two developments in the area. It does eliminate the
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Plan Commission Minutes 17 May 4, 2021
need for large parking areas around the building. This is a true urban high density multi-family
project that does need underground parking to work. In terms of the exterior, this is largely a block
of red brick exterior with little other materials which is also different from the other developments.
All of the units have exterior balcony systems. This is something that is not present in the other
developments like The Annex. This has a higher cost but makes the units more livable.
Mr. Lyons asked Mr. Jungbacker to answer Mr. Mitchell’s questions about accessibility and
affordability.
Mr. Jungbacker said if you look at WHEDA’s affordability chart for Winnebago County and the
projected market rents for this project, we are not even getting into what WHEDA’s affordability
numbers are for a WHEDA assisted project given the current market rates. This is a market rate
property, albeit one that doesn’t achieve the WHEDA targeted rental rates. It’s a problem that
results in supply issues in the community and the tight housing market that we are experience in
Oshkosh and the rest of Wisconsin. It’s constrained by the inability to match up effective demand
with costs to build these projects. One of the problems we are experiencing today is that we are
finalizing our construction contract. Lumber prices have increased substantially since last spring.
For context, a year ago 1000 board feet of southern pine which is what would be used for
dimensional lumber for framing was in the market for about $300/1000 board feet. Today it is
$1300. It is a substantial change in the economics which hasn’t allowed us to close the gap. It has
made the economics of these buildings more difficult to build. During the last recession we lost a
lot of the producers at the middle of logistics chains for the dimensional lumber and they haven’t
come back. Now the market is roaring because of low interest rates. It’s not for lack of lumber, it’s
for lack of producers. In terms of accessibility, we do meet all of the states requirements and
several units are fully accessible for all handicap needs.
Mr. Mitchell asked that when a project is proposed, are there any resources available so that a few
units could be for affordable housing. Not directly related to this project, but so that future
developments don’t exclude the population that say there isn’t enough housing for. How is it
presented to the developer to do this?
Mr. Jungbacker said that he does not develop housing with that population in mind but there are
developers that specifically do that. They do that with the assistance of a variety of public sector
programs that essentially provide subsidies in the cost of developing and managing these types of
programs. Those subsidies are provided by investment tax credits. They are also assisted by
Wisconsin Housing and Economic Development Authority that has programs.
Mr. Mitchell asked if the city is encouraging you or offering you support that might lead you to
say that you would dedicate some units to lower income populations along with your normal
clientele.
Mr. Jungbacker said that the city staff does not have the flexibly to modify code. There are certain
procedures and building products that might minimize costs. The answer isn’t going to come from
city staff making adjustments on margins, the gap is too big. A significant part of the cost structure
has been changed by market forces. The other problem is the WHEDA approved medians of fair
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Plan Commission Minutes 18 May 4, 2021
market rent is about $1400 for a two bedroom unit. We are barely going to be there. When we do
this project, it’s going to take about 10 years for it to mature and to make sense economically.
Riverside Apartments in the 80’s took 10 years for it to make financial sense. You don’t build these
as a developer expecting a quick return. This project will be locally owned and locally managed.
Ms. Davey said she understands why there is no outdoor recreation space but wonders if they
have a requirement for parkland based on new buildings or construction. She wants to know if
there is a fee paid per unit so that a park can be built elsewhere.
Mr. Lyons said the only parkland code requirements are related to subdivision dedications, CSM’s
or plats. New developments of this nature on an existing lot does not have a parkland fee
associated with it. It is something that will be discussed at the upcoming joint workshop.
There were no other public comments on this item.
There were no public comments on this item.
Ms. Propp closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Mitchell to adopt the findings and recommendation as stated in the staff report.
Seconded by Davey.
Ms. Propp asked if there was any discussion on the motion.
Mr. Mitchell said that he appreciates the projects and does not ask questions to be derogatory
towards the development at all.
Motion carried 7-0.
PLANNING DIRECTOR’S REPORT
Mr. Lyons said that they have been directed by Council and City Manager Rohloff to have a
discussion with all boards and commission members about moving in June to either in-person
meetings or continue with virtual meetings. The discussion is an all or nothing proposition. Hybrid
meetings will not be allowed.
Mr. Lyons said that Mr. Coulibaly preferred to stay virtual, Mr. Marshall has no preference, Mr.
Ford would prefer in-person, and Mr. Kiefer has no preference.
Ms. Davey asked if it would include the public.
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Plan Commission Minutes 19 May 4, 2021
Mr. Lyons said that it includes public as well as Plan Commission.
Ms. Davey said that if the public was allowed, that there’s no way to enforce them to wear a mask
and in the past staff had been advised to not engage. She is not comfortable allowing the public
without masks.
Mr. Lyons said that he will follow up but does not think this has changed.
Ms. Davey said she might be comfortable going to in-person as long as everyone wears masks or
until the 50% vaccinations plus social distancing. She is worried that even with social distancing,
that having the public and Plan Commission in the same room for two hours, they are being put at
risk.
Mr. Hinz is in favor of in-person meetings and does not have any concerns because of ample
spacing. Some people do have situations where they cannot wear masks and that’s not something
we can get into.
Ms. Propp is in favor of in-person meetings with social distancing and masking.
Mr. Groth is in favor of in-person.
Mr. Perry is in favor of in-person.
Mr. Mitchell is in favor of in-person but is disheartened to hear that remote participation is not
allowed for those who cannot physically attend a meeting.
Mr. Lyons said that Council and City administration had a discussion about some of the
technology limitations when you start to mix in-person and virtual.
Mr. Stengel is in favor of in-person with social distancing.
Ms. Davey said that even if people are sitting six feet apart that there is a lot if air and if not
masked, they could be potentially putting any of us at risk of getting sick if we are not able to
enforce masks. There hasn’t been any upgrades to City Hall’s ventilation system and are not
adequate for our new normal.
There being no further business, the meeting adjourned at approximately 6:21 pm. (Hinz/Davey)
Respectfully Submitted,
Mark Lyons
Planning Services Manager