HomeMy WebLinkAbout06. 22-137APRIL 12, 2022 22-137 RESOLUTION
CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC
IMPLEMENTATION PLAN FOR A COMMERCIAL
DEVELOPMENT AT THE 2300 BLOCK OF WITZEL AVENUE
INITIATED BY: GLACIER DENTAL
PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions
WHEREAS, the Plan Commission finds that the General Development Plan and
Specific Implementation Plan for a commercial development at the 2300 Block of Witzel
Avenue, is consistent with the criteria established in Section 30-387 of the Oshkosh
Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a General Development Plan and Specific Implementation Plan for a
commercial development at the 2300 Block of Witzel Avenue, per the attached, is hereby
approved with the following findings:
1. The proposed Planned Development project is consistent with the overall
purpose and intent of this Chapter.
2. The proposed Planned Development project is consistent with the City’s
Comprehensive Plan and other area plans. (It is the responsibility of the City
to determine such consistency.)
3. The proposed Planned Development project would maintain the desired
relationships between land uses, land use densities and intensities, and land
use impacts in the environs of the subject site.
4. Adequate public infrastructure is or will be available to accommodate the
range of uses being proposed for the Planned Development project, including
but not limited to public sewer and water and public roads.
5. The proposed Planned Development project will incorporate appropriate and
adequate buffers and transitions between areas of different land uses and
development densities/intensities.
APRIL 12, 2022 22-137 RESOLUTION
CONT’D
6. The proposed architecture and character of the proposed Planned
Development project is compatible with adjacent/nearby development.
7. The proposed Planned Development project will positively contribute to and
not detract from the physical appearance and functional arrangement of
development in the area.
8. The proposed Planned Development project will produce significant benefits
in terms of environmental design and significant alternative approaches to
addressing development performance that relate to and more than
compensate for any requested exceptions/base standard modifications
variation of any standard or regulation of this Chapter.
BE IT FURTHER RESOLVED that the following are conditions of approval for a
Specific Implementation Plan and General Development Plan for a commercial
development at the 2300 Block of Witzel Avenue:
1. BSM to allow increased parking to 75 stalls, where code allows a maximum of
69 stalls.
2. Final landscaping plans shall be approved by the Department of Community
Development.
City Hall, 215 Church Avenuenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons, Planning Services Manager
DATE: April 7, 2022
RE: Approve General Development Plan and Specific Implementation Plan for a Commercial
Development at the 2300 Block of Witzel Avenue
BACKGROUND
The applicant requests approval of a General Development Plan and Specific Implementation Plan to
allow a dental clinic development at the 2300 Witzel Avenue. The subject site is an irregularly shaped 2
acre vacant lot with frontage on Witzel Avenue, west of the Westbrook Drive and north of Graceland
Drive. The property is zoned Neighborhood Mixed Use District with a Planned Development Overlay
(NMU-PD). The surrounding area consists primarily of residential uses to the north, south, and east and
commercial uses to the west along Witzel Avenue. The 2040 Comprehensive Land Use Plan recommends
Neighborhood Commercial use for the subject area.
ANALYSIS
The applicant is proposing development of a two-story, 16,786 sq. ft. dental clinic with 75-stall parking
lot. Personal or Professional Service uses are permitted in the NMU district. The proposed use is
consistent with the 2040 Comprehensive Land Use recommendation of Neighborhood Commercial for
the area. The applicant is requesting a BSM for increased parking. To offset these requested code
exception, the applicant has exceeded all landscaping requirements, with an overall landscaping point
total at about 117% of the total points required. Staff is comfortable that the applicant has adequately
offset the requested BSM and the overall site is compatible with the surrounding area.
FISCAL IMPACT
Approval of this project should result in an increase in the assessed property value for the site. The
applicant is anticipating spending approximately $4,800,000 on improvements to this site.
RECOMMENDATION
The Plan Commission recommended approval of the General Development Plan and Specific
Implementation Plan with findings and conditions on April 5, 2022. Please see the attached staff report
and meeting minutes for more information.
Respectfully Submitted, Approved:
Mark Lyons Mark A. Rohloff
Planning Services Manager City Manager
ITEM: GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION
PLAN FOR A COMMERCIAL DEVELOPMENT AT THE 2300 BLOCK OF
WITZEL AVENUE
Plan Commission meeting of April 5, 2022.
GENERAL INFORMATION
Applicant: Shawn Jandrey
Property Owner: Glacier Dental
Action(s) Requested:
The applicant requests approval of a General Development Plan and Specific Implementation
Plan to allow a dental clinic development at the 2300 Witzel Avenue.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Background Information:
The subject site is an irregularly shaped 2 acre vacant lot, with frontage on Witzel Ave., west of
the Westbrook Dr., and north of Graceland Dr. The property is zoned Neighborhood Mixed Use
District with a Planned Development Overlay (NMU-PD). The surrounding area consists
primarily of residential uses to the north, south, and east and commercial uses to the west along
Witzel Ave. The 2040 Comprehensive Land Use Plan recommends Neighborhood Commercial
use for the subject area.
Subject Site
Existing Land Use Zoning
Vacant NMU-PD
Recognized Neighborhood Organizations
None
Adjacent Land Use and Zoning
Existing Uses Zoning
North Multi-family residential MR-12
South Single family residential SR-5
East Two-family residential DR-6
West Commercial NMU-PD
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Neighborhood Commercial
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 2
ANALYSIS
Use
The applicant is proposing development of a two-story, 16,786 sq. ft. dental clinic with 75-stall
parking lot. Personal or Professional Service uses are permitted in the NMU district. The
proposed use is consistent with the 2040 Comprehensive Land Use recommendation of
Neighborhood Commercial for the area.
Site Design/Access
The site will utilize a single two-way access from Witzel Avenue, with parking areas on the east
and north sides of the building. The dumpster enclosure will be located at the northeast corner of
the parking lot.
Required Provided
Parking Spaces Minimum: 55
Maximum: 69 75
Impervious Surface Maximum: 50% of lot 47% of lot
Building Height Maximum: 35’ 34’ 6”
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 3
Minimum Provided
Front Setback (Witzel Ave.) 25 ft. 26 ft. +/- (building)
Side Setback (east) 7.5 ft. 17 ft.+/- (pavement)
Side Setback (west) 7.5 ft. 106 ft. +/- (pavement)
Rear Setback (north) 25 ft. 26 ft.+/- (pavement)
The applicant is meeting setback and impervious surface requirements for the NMU district. The
height of the building will be under the maximum building height for the NMU district, with the
exception of the top portion of the stair/elevator bulkhead, which is permitted to exceed the
maximum height requirement. The applicant is requesting a base standard modification (BSM)
for increased parking to 75 spaces, where the code maximum is 69 spaces (1.25 spaces per 300 sq.
ft. of gross floor area).
According to the applicant, the additional parking is needed to accommodate 1.5 patients per
treatment room as well as staff, including business admin, marketing, call centers, reception,
bookkeepers, hygienists, doctors, assistants, and other clinical team members. The additional
parking will also account for patients arriving early and late for appointments to ensure that
spaces are available for incoming patients as the nearest available on-street parking is on
Westbrook Drive.
The proposed site plan was reviewed by Plan Commission at a workshop on March 15, 2022.
Plan Commission did not have concerns with the additional parking stalls. Staff is supportive of
the proposed BSM as the additional stalls will serve to prevent overflow parking on the
neighboring residential street (Westbrook Dr.), as on-street parking is not allowed along Witzel
Ave. To offset this BSM, staff is recommending 30 additional paved landscaping points beyond
the code requirement.
Storm Water Management/Utilities
The Department of Public Works has reviewed the plans and noted that finalized storm water
management plans will need to be submitted and approved as part of the Site Plan Review
processes.
Landscaping
The applicant has provided a landscaping plan including points for building foundation, paved
areas, street frontage, yards and bufferyards.
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 4
Points Required Points Provided
Building Foundation 178 (45 street side, 89 main entrance
side)
205 (66 street side, 109 main
entrance side)
Paved Area 375 (112.5 tall trees, 150 shrubs) 412 (200 tall trees, 178 shrubs)
Street Frontage 168 (84 medium trees) 225 (90 medium trees)
Yards 372 390
Bufferyard (north) 95 (with 4’ tall wood rail fence) 154 (4’ tall wood rail fence
provided)
Bufferyard (east) 0 (with 6’ tall solid fencing) 0 (6’ tall solid fencing provided)
Total 1,188 1,386
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 5
Building Foundation
The plan meets the total point requirement of 40 points per 100 linear feet of building foundation.
The plan also meets the requirement that 50% of the required points shall be placed on the side of
the main entrance and 25% placed on the street-facing side.
Paved Area
The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of
paved area is being exceeded by 37 points, which serves to offset the BSM for an additional 6
parking stalls. The code further specifies 30% of all points will be devoted to medium or tall trees
and 40% will be devoted to shrubs, which is also being met.
A deciduous tree is required at all parking row ends and intermediate parking row islands. Trees
will need to be added or relocated to 5 parking row ends that are missing trees. This can be
addressed during the site plan review process.
Street Frontage
Code requires 100 points per 100 feet of street frontage. The landscaping ordinance also specifies
that 50% of the required points must be devoted to medium trees. The proposed landscaping
street frontage landscaping is meeting both of these requirements.
Yards
Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The plan exceeds this
requirement.
Bufferyards
A 0.1 opacity bufferyard is required along the north property line and a 0.2 opacity bufferyard is
required along the east property line, as the site is abutting multi-family (north) and two-family
(east) residential zoning districts.
The 0.1 opacity bufferyard requirement is being met along the north property line with a
minimum 10’ bufferyard width along with 4’ tall wood rail fencing and 38 evergreen tree
landscaping points per 100 linear feet. The 0.2 opacity bufferyard requirement is being met along
the east property line with a minimum 10’ bufferyard width along with 6’ tall solid cedar fencing.
Signage
Signage plans have not been included with this request. The proposed site plan includes a
monument sign along Witzel Avenue and the building elevations show a wall sign on the east
facade.
The monument sign appears to meet the required 25’ setback and will be limited to 50 sq. ft. in
area and 10 ft. in height, per NMU district signage standards. Wall signage will be limited to 1 sq.
ft. of sign area per linear foot of building frontage. Signage plans will be addressed under a
separate permit.
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 6
Lighting
The applicant submitted a photometric plan for the site. The lighting levels meet the .4 foot-
candle minimum requirement for parking areas, with no more than .5 foot-candles of light
trespass at the property lines. The proposed light fixtures will be full cut-offs and the light poles
will be 23’ tall, which is the maximum light fixture mounting height (including base) in the NMU
district.
Building Facades
Building Materials
Section 30-243 of the zoning ordinance requires commercial buildings to be clad in 50% Class I
materials, with the exception of rear facades not facing a public street. The petitioner has
provided elevations for the building as well as a material list and material breakdown for each
building facade. The specific elevations breakdown is as follows:
North (rear): Class I – 23% Class II & III – 77%
South (side): Class I – 61% Class II & III – 39%
East (front): Class I – 52% Class II & III – 48%
West (front): Class I – 65% Class II & III – 35%
The proposed building elevations meet the 50% Class I requirement for the front and side facades,
in conformance with the design standard requirements for commercial buildings.
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 7
Overall Site
The applicant is requesting a BSM for increased parking. To offset these requested code
exception, the applicant has exceeded all landscaping requirements, with an overall landscaping
point total at about 117% of the total points required. Staff is comfortable that the applicant has
adequately offset the requested BSM and the overall site is compatible with the surrounding area.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends the Plan Commission make the following findings based
on the criteria established by Chapter 30-387 (C)(6):
(a) The proposed Planned Development project is consistent with the overall purpose and
intent of this Chapter.
(b) The proposed Planned Development project is consistent with the City’s
Comprehensive Plan and other area plans. (It is the responsibility of the City to determine
such consistency.)
(c) The proposed Planned Development project would maintain the desired relationships
between land uses, land use densities and intensities, and land use impacts in the environs
of the subject site.
(d) Adequate public infrastructure is or will be available to accommodate the range of
uses being proposed for the Planned Development project, including but not limited to
public sewer and water and public roads.
(e) The proposed Planned Development project will incorporate appropriate and adequate
buffers and transitions between areas of different land uses and development
densities/intensities.
(g) The proposed architecture and character of the proposed Planned Development
project is compatible with adjacent/nearby development.
(h) The proposed Planned Development project will positively contribute to and not
detract from the physical appearance and functional arrangement of development in the
area.
(i) The proposed Planned Development project will produce significant benefits in terms
of environmental design and significant alternative approaches to addressing
development performance that relate to and more than compensate for any requested
exceptions/base standard modifications variation of any standard or regulation of this
Chapter.
Staff recommends approval of the General Development Plan and Specific Implementation Plan
with the findings listed above and the proposed following conditions:
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 8
1. BSM to allow increased parking to 75 stalls, where code allows a maximum of 69 stalls.
2. Final landscaping plans shall be approved by the Department of Community
Development.
The Plan Commission recommended approval of the General Development Plan and Specific
Implementation Plan on April 5, 2022. The following is their discussion on the item.
Site Inspections Report: Mr. Bowen, Ms. Propp and Mr. Kiefer all 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 to allow a dental clinic development at the 2300 Witzel 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 is proposing development of a two-
story, 16,786 sq. ft. dental clinic with 75-stall parking lot. Personal or Professional Service uses are
permitted in the NMU district. The proposed use is consistent with the 2040 Comprehensive
Land Use recommendation of Neighborhood Commercial for the area. Staff recommends
approval with the findings and conditions as listed in the staff report.
Mr. Perry opened up technical questions to staff.
Council Member Ford asked if the applicant was asking for six extra parking sports to prevent
parking on the street.
Mr. Mitchell asked if the canopy of trees on the Sawyer Creek side is being removed.
Mr. Lyons said the plans do not show a disruption of the western creek area. They are trying to
avoid that area entirely with the 100 year flood plain. On the street side there are some with the
building development.
Mr. Lyons also said there is an exception in the code with elevator bulkheads which is what was
exceeding the height previously. The code automatically has a provision to allow that which is
why we didn’t bring back the base standard modification.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Shawn Jandry, McMahon Associates; 1445 McMahon Dr, Neenah, said there will be clearing or
grubbing along the west side down by the creek. There will be curb and gutter on the north end
of the property that will take it into the bio filter.
Mary Callan, 2230 B Meadowbrook Ct, President of the Meadowbrook Condo Association, asked
if there is a retention pond.
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 9
Mr. Lyons said there is a bio filter on the western side of the site.
Ms. Callan asked about runoff into Sawyer Creek. Several units are along the creek and the creek
can rise a foot in a few hours. The owner of the closest building to the site is concerned about the
lighting in the parking lot and the light would shine into their bedroom.
Mr. Lyons said city code requires all light fixtures in parking lots to be full shielded lighting
which means the light has to be directed down only. The lighting requirement cannot exceed .5
candlelight at the property line. This development shows they would be under that threshold.
Ms. Callan said that the new development will cause water to flow towards the condo
association.
Mr. Lyons said that city code for storm water management requires the developer keep their
water on site. There is a number of different mechanisms they can use to do that. It does have to
be held on site and then discharged into the city storm water system. The water can discharge to
the creek after meeting code requirements.
Ms. Callan asked if the proposal on site is normal storm water, or 50 or 100 year storm.
Mr. Gierach said they have to keep the water on site and cannot drain into other properties. Code
requires as a new development to detain 100 year post development to the 10 year post
development.
There were no other public comments on this item.
Mr. Perry 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 Kiefer.
Mr. Perry asked if there was any discussion on the motion.
There was no discussion on the motion.
Motion carried 9-0.
ITEM: GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION
PLAN FOR A COMMERCIAL DEVELOPMENT AT THE 2300 BLOCK OF
WITZEL AVENUE
Plan Commission meeting of April 5, 2022.
GENERAL INFORMATION
Applicant: Shawn Jandrey
Property Owner: Glacier Dental
Action(s) Requested:
The applicant requests approval of a General Development Plan and Specific Implementation
Plan to allow a dental clinic development at the 2300 Witzel Avenue.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Background Information:
The subject site is an irregularly shaped 2 acre vacant lot, with frontage on Witzel Ave., west of
the Westbrook Dr., and north of Graceland Dr. The property is zoned Neighborhood Mixed Use
District with a Planned Development Overlay (NMU-PD). The surrounding area consists
primarily of residential uses to the north, south, and east and commercial uses to the west along
Witzel Ave. The 2040 Comprehensive Land Use Plan recommends Neighborhood Commercial
use for the subject area.
Subject Site
Existing Land Use Zoning
Vacant NMU-PD
Recognized Neighborhood Organizations
None
Adjacent Land Use and Zoning
Existing Uses Zoning
North Multi-family residential MR-12
South Single family residential SR-5
East Two-family residential DR-6
West Commercial NMU-PD
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Neighborhood Commercial
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 2
ANALYSIS
Use
The applicant is proposing development of a two-story, 16,786 sq. ft. dental clinic with 75-stall
parking lot. Personal or Professional Service uses are permitted in the NMU district. The
proposed use is consistent with the 2040 Comprehensive Land Use recommendation of
Neighborhood Commercial for the area.
Site Design/Access
The site will utilize a single two-way access from Witzel Avenue, with parking areas on the east
and north sides of the building. The dumpster enclosure will be located at the northeast corner of
the parking lot.
Required Provided
Parking Spaces Minimum: 55
Maximum: 69 75
Impervious Surface Maximum: 50% of lot 47% of lot
Building Height Maximum: 35’ 34’ 6”
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 3
Minimum Provided
Front Setback (Witzel Ave.) 25 ft. 26 ft. +/- (building)
Side Setback (east) 7.5 ft. 17 ft.+/- (pavement)
Side Setback (west) 7.5 ft. 106 ft. +/- (pavement)
Rear Setback (north) 25 ft. 26 ft.+/- (pavement)
The applicant is meeting setback and impervious surface requirements for the NMU district. The
height of the building will be under the maximum building height for the NMU district, with the
exception of the top portion of the stair/elevator bulkhead, which is permitted to exceed the
maximum height requirement. The applicant is requesting a base standard modification (BSM)
for increased parking to 75 spaces, where the code maximum is 69 spaces (1.25 spaces per 300 sq.
ft. of gross floor area).
According to the applicant, the additional parking is needed to accommodate 1.5 patients per
treatment room as well as staff, including business admin, marketing, call centers, reception,
bookkeepers, hygienists, doctors, assistants, and other clinical team members. The additional
parking will also account for patients arriving early and late for appointments to ensure that
spaces are available for incoming patients as the nearest available on-street parking is on
Westbrook Drive.
The proposed site plan was reviewed by Plan Commission at a workshop on March 15, 2022.
Plan Commission did not have concerns with the additional parking stalls. Staff is supportive of
the proposed BSM as the additional stalls will serve to prevent overflow parking on the
neighboring residential street (Westbrook Dr.), as on-street parking is not allowed along Witzel
Ave. To offset this BSM, staff is recommending 30 additional paved landscaping points beyond
the code requirement.
Storm Water Management/Utilities
The Department of Public Works has reviewed the plans and noted that finalized storm water
management plans will need to be submitted and approved as part of the Site Plan Review
processes.
Landscaping
The applicant has provided a landscaping plan including points for building foundation, paved
areas, street frontage, yards and bufferyards.
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 4
Points Required Points Provided
Building Foundation 178 (45 street side, 89 main entrance
side)
205 (66 street side, 109 main
entrance side)
Paved Area 375 (112.5 tall trees, 150 shrubs) 412 (200 tall trees, 178 shrubs)
Street Frontage 168 (84 medium trees) 225 (90 medium trees)
Yards 372 390
Bufferyard (north) 95 (with 4’ tall wood rail fence) 154 (4’ tall wood rail fence
provided)
Bufferyard (east) 0 (with 6’ tall solid fencing) 0 (6’ tall solid fencing provided)
Total 1,188 1,386
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 5
Building Foundation
The plan meets the total point requirement of 40 points per 100 linear feet of building foundation.
The plan also meets the requirement that 50% of the required points shall be placed on the side of
the main entrance and 25% placed on the street-facing side.
Paved Area
The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of
paved area is being exceeded by 37 points, which serves to offset the BSM for an additional 6
parking stalls. The code further specifies 30% of all points will be devoted to medium or tall trees
and 40% will be devoted to shrubs, which is also being met.
A deciduous tree is required at all parking row ends and intermediate parking row islands. Trees
will need to be added or relocated to 5 parking row ends that are missing trees. This can be
addressed during the site plan review process.
Street Frontage
Code requires 100 points per 100 feet of street frontage. The landscaping ordinance also specifies
that 50% of the required points must be devoted to medium trees. The proposed landscaping
street frontage landscaping is meeting both of these requirements.
Yards
Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The plan exceeds this
requirement.
Bufferyards
A 0.1 opacity bufferyard is required along the north property line and a 0.2 opacity bufferyard is
required along the east property line, as the site is abutting multi-family (north) and two-family
(east) residential zoning districts.
The 0.1 opacity bufferyard requirement is being met along the north property line with a
minimum 10’ bufferyard width along with 4’ tall wood rail fencing and 38 evergreen tree
landscaping points per 100 linear feet. The 0.2 opacity bufferyard requirement is being met along
the east property line with a minimum 10’ bufferyard width along with 6’ tall solid cedar fencing.
Signage
Signage plans have not been included with this request. The proposed site plan includes a
monument sign along Witzel Avenue and the building elevations show a wall sign on the east
facade.
The monument sign appears to meet the required 25’ setback and will be limited to 50 sq. ft. in
area and 10 ft. in height, per NMU district signage standards. Wall signage will be limited to 1 sq.
ft. of sign area per linear foot of building frontage. Signage plans will be addressed under a
separate permit.
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 6
Lighting
The applicant submitted a photometric plan for the site. The lighting levels meet the .4 foot-
candle minimum requirement for parking areas, with no more than .5 foot-candles of light
trespass at the property lines. The proposed light fixtures will be full cut-offs and the light poles
will be 23’ tall, which is the maximum light fixture mounting height (including base) in the NMU
district.
Building Facades
Building Materials
Section 30-243 of the zoning ordinance requires commercial buildings to be clad in 50% Class I
materials, with the exception of rear facades not facing a public street. The petitioner has
provided elevations for the building as well as a material list and material breakdown for each
building facade. The specific elevations breakdown is as follows:
North (rear): Class I – 23% Class II & III – 77%
South (side): Class I – 61% Class II & III – 39%
East (front): Class I – 52% Class II & III – 48%
West (front): Class I – 65% Class II & III – 35%
The proposed building elevations meet the 50% Class I requirement for the front and side facades,
in conformance with the design standard requirements for commercial buildings.
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 7
Overall Site
The applicant is requesting a BSM for increased parking. To offset these requested code
exception, the applicant has exceeded all landscaping requirements, with an overall landscaping
point total at about 117% of the total points required. Staff is comfortable that the applicant has
adequately offset the requested BSM and the overall site is compatible with the surrounding area.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends the Plan Commission make the following findings based
on the criteria established by Chapter 30-387 (C)(6):
(a) The proposed Planned Development project is consistent with the overall purpose and
intent of this Chapter.
(b) The proposed Planned Development project is consistent with the City’s
Comprehensive Plan and other area plans. (It is the responsibility of the City to determine
such consistency.)
(c) The proposed Planned Development project would maintain the desired relationships
between land uses, land use densities and intensities, and land use impacts in the environs
of the subject site.
(d) Adequate public infrastructure is or will be available to accommodate the range of
uses being proposed for the Planned Development project, including but not limited to
public sewer and water and public roads.
(e) The proposed Planned Development project will incorporate appropriate and adequate
buffers and transitions between areas of different land uses and development
densities/intensities.
(g) The proposed architecture and character of the proposed Planned Development
project is compatible with adjacent/nearby development.
(h) The proposed Planned Development project will positively contribute to and not
detract from the physical appearance and functional arrangement of development in the
area.
(i) The proposed Planned Development project will produce significant benefits in terms
of environmental design and significant alternative approaches to addressing
development performance that relate to and more than compensate for any requested
exceptions/base standard modifications variation of any standard or regulation of this
Chapter.
Staff recommends approval of the General Development Plan and Specific Implementation Plan
with the findings listed above and the proposed following conditions:
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 8
1. BSM to allow increased parking to 75 stalls, where code allows a maximum of 69 stalls.
2. Final landscaping plans shall be approved by the Department of Community
Development.
The Plan Commission recommended approval of the General Development Plan and Specific
Implementation Plan on April 5, 2022. The following is their discussion on the item.
Site Inspections Report: Mr. Bowen, Ms. Propp and Mr. Kiefer all 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 to allow a dental clinic development at the 2300 Witzel 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 is proposing development of a two-
story, 16,786 sq. ft. dental clinic with 75-stall parking lot. Personal or Professional Service uses are
permitted in the NMU district. The proposed use is consistent with the 2040 Comprehensive
Land Use recommendation of Neighborhood Commercial for the area. Staff recommends
approval with the findings and conditions as listed in the staff report.
Mr. Perry opened up technical questions to staff.
Council Member Ford asked if the applicant was asking for six extra parking sports to prevent
parking on the street.
Mr. Mitchell asked if the canopy of trees on the Sawyer Creek side is being removed.
Mr. Lyons said the plans do not show a disruption of the western creek area. They are trying to
avoid that area entirely with the 100 year flood plain. On the street side there are some with the
building development.
Mr. Lyons also said there is an exception in the code with elevator bulkheads which is what was
exceeding the height previously. The code automatically has a provision to allow that which is
why we didn’t bring back the base standard modification.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Shawn Jandry, McMahon Associates; 1445 McMahon Dr, Neenah, said there will be clearing or
grubbing along the west side down by the creek. There will be curb and gutter on the north end
of the property that will take it into the bio filter.
Mary Callan, 2230 B Meadowbrook Ct, President of the Meadowbrook Condo Association, asked
if there is a retention pond.
ITEM IV: GDP.SIP 2300 Block Witzel Ave. 9
Mr. Lyons said there is a bio filter on the western side of the site.
Ms. Callan asked about runoff into Sawyer Creek. Several units are along the creek and the creek
can rise a foot in a few hours. The owner of the closest building to the site is concerned about the
lighting in the parking lot and the light would shine into their bedroom.
Mr. Lyons said city code requires all light fixtures in parking lots to be full shielded lighting
which means the light has to be directed down only. The lighting requirement cannot exceed .5
candlelight at the property line. This development shows they would be under that threshold.
Ms. Callan said that the new development will cause water to flow towards the condo
association.
Mr. Lyons said that city code for storm water management requires the developer keep their
water on site. There is a number of different mechanisms they can use to do that. It does have to
be held on site and then discharged into the city storm water system. The water can discharge to
the creek after meeting code requirements.
Ms. Callan asked if the proposal on site is normal storm water, or 50 or 100 year storm.
Mr. Gierach said they have to keep the water on site and cannot drain into other properties. Code
requires as a new development to detain 100 year post development to the 10 year post
development.
There were no other public comments on this item.
Mr. Perry 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 Kiefer.
Mr. Perry asked if there was any discussion on the motion.
There was no discussion on the motion.
Motion carried 9-0.
PLAN COMMISSION STAFF REPORT APRIL 5, 2022
ITEM I: SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR NEW REFUSE
ENCLOSURE SCREENING MATERIALS AT 4200 POBEREZNY ROAD (FOX
VALLEY TECHNICAL COLLEGE)
GENERAL INFORMATION
Applicant: Lucas Carrigg, Fox Valley Technical College
Property Owner: GRS, LLC
Action(s) Requested:
The petitioner requests approval of a Specific Implementation Plan (SIP) amendment to allow
use of six-foot tall slatted chain link fencing for a refuse enclosure which is a material not
consistent with those of the principal structure.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Section 30-191(E)(2)(a) requires that the exterior of said (refuse) enclosure shall be constructed of solid
wood or one or more of the materials used on the exterior of the main building.
Background Information Property Location and Type:
The subject site is a 7.3 acre irregular-shaped parcel located on the east side of Poberezny Road,
approximately ½ mile south of W. Ripple Avenue. The property is zoned Institutional with a
Planned Development Overlay (I-PD) which is consistent with the Institutional Comprehensive
Land Use Plan recommendation. The surrounding area consists predominately of vacant
agricultural land except the Veterans Museum immediately to the south.
On June 22, 2010, the Common Council approved a Planned Development (Resolution 10-210)
for the development of a vocational school at the subject site. This was followed by a Planned
Development Amendment on November 23, 2010 (Resolution 10-361) to allow off-premise
signage on the site to accommodate the primary sponsor of the facility.
Subject Site
Existing Land Use Zoning
Institutional (Tech School)
Institutional with Planned
Development Overlay (I-PD)
Recognized Neighborhood Organizations
None
Adjacent Land Use and Zoning
Existing Uses Zoning
North Vacant
Institutional with Planned
Development Overlay (I-PD)
ITEM I - SIP Amendment – 4200 Poberezny Road 2
South Institutional (Museum)
Community Business District (B-
2) (Winnebago County)
East Vacant
Institutional with Planned
Development Overlay (I-PD)
West Interstate 41 N/A
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Institutional
ANALYSIS
Use
The site is developed with an
approximately 26,000 square foot vocational
school for advanced manufacturing
processing, which consists of welding
booths, computer classrooms,
research/development centers, laboratories
and a lunch room. The school has between
50-100 occupants/visitors daily. The
applicant is not proposing a change of use
of the facility with this item.
Site Design
No changes are being proposed to the site
design other than increasing the enclosed
area for refuse containers. Currently the site utilizes an approximately 20-foot by 20-foot
enclosure screened with 6-foot tall wood fencing with swing gate. The school has experienced
theft of recyclable materials due to having a lack of secured storage area. To alleviate this, the
applicant is proposing to expand the enclosure approximately 68 feet to the west on existing
paved area south of the main building. The enclosed area will securely house several metal
recycling dumpsters in addition to the existing trash dumpsters.
The proposed screening will consist of six-foot tall galvanized chain link fence with PVC slats
providing 90% opacity. The color of
the slats will be complimentary to the
main building. Access will be
provided by a motorized 28-foot long
rolling gate that will cantilever over
the grass area to the south. Due to the
gate’s large size, using materials
consistent with the main building will
make the gate extremely heavy,
making manual opening and closing
very difficult should the motorized
system fail.
ITEM I - SIP Amendment – 4200 Poberezny Road 3
The applicant states in the submitted narrative that the use of slatted chain link will have
negligible aesthetic impact on the surrounding area. The location of the enclosure is
approximately 340 feet from Poberezny Road and 430 feet from northbound Interstate 41. The
enclosure will be completely shielded from the north by the school and partially shielded by the
Veterans Museum to the south. Staff agrees with this assessment that the enclosure will have
low visibility from public view. To offset the request, staff recommends enhanced landscaping
in the form of arborvitae south of the building and enclosure area to add additional screening
from the right-of-way.
Lighting
No changes are being proposed to the lighting for the site.
Signage
No changes are being proposed to the signage for the site.
Landscaping
A formal landscaping plan has not been submitted as part of the request. The applicant has
tentatively agreed to implement landscaping as required per approval of this item by the
Common Council. The applicant stated that FVTC landscape architect students will prepare a
landscape plan based on the approved conditions.
Existing landscaping along the south edge of the paved area has either died or is in very poor
shape due to impacts from salt and/or snow removal. The applicant plans to remove the
landscaping and replace with heartier varieties of shrubs. Based on the size of the area affected
by this request, 51 yard area landscape points would be required per code. To offset the BSM
request, staff is recommending 20 landscape points per every 10 linear feet of paved area which
equates to 500 landscape points. Staff is recommending the use of arborvitae which will act as a
more effective screen from the public right-of-way. 500 landscape points will require the
planting of 16 arborvitae. To prevent potential snow removal/salt damage, the arborvitae
should be planted the maximum of ten feet from the pavement edge. The final landscape plan
will be reviewed for compliance during site plan review.
Storm Water Management
The Department of Public Works reviewed the plans and did not have concerns with the
enclosure materials.
Building Facades
No changes are being proposed for the building facades.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends the Plan Commission make the following findings
based on the criteria established by Chapter 30-387 (C)(6):
PD/SIP AMENDMENT
4200 POBEREZNY RD
PC: 4-05-2022
CASTLE ROCK LAND/SHARON
INVEST & HOLDING
3807 STATE ROAD 21 A
OSHKOSH, WI 54904
TOWN OF NEKIMI
3790 PICKETT RD
OSHKOSH, WI 54904
FOX VALLEY TECHNICAL COLLEGE
1825 B BLUEMOUND DR
APPLETON, WI 54912
GRS LLC
1290 OSBORN AVE
OSHKOSH, WI 54902
Oshkosh City LimitOshkosh City Limit
!"#$41
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POBEREZNY RDPOBEREZNY RDS WASHBURN STS WASHBURN STC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 2/8/2022
1 in = 220 ft1 in = 0.04 mi¯4200 POBEREZNY RD4200 POBEREZNY RD
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
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C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 2/8/2022
1 in = 500 ft1 in = 0.09 mi¯4200 POBEREZNY RD4200 POBEREZNY RD
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 2/8/2022
1 in = 200 ft1 in = 0.04 mi¯4200 POBEREZNY RD4200 POBEREZNY RD
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer