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Plan Commission Minutes 1 March 21, 2023
PLAN COMMISSION MINUTES
March 21, 2023
PRESENT: Thomas Perry, Kathleen Propp, John Kiefer, Justin Mitchell, Karl Loewenstein,
Margy Davey
EXCUSED: DJ Nichols, Ed Bowen, Mamadou Coulibaly, Council Member Ford,
STAFF: Mark Lyons, Planning Services Manager; Justin Gierach, Engineering Division
Manager; Brian Slusarek, Planner; Brandon Nielsen, Associate Planner
Chairperson Perry called the meeting to order at 4:00 pm. Roll call was taken and a quorum
declared present.
The minutes of March 7, 2023 were approved as presented. (Davey/Propp)
I. PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST TO ESTABLISH
AN INDOOR FOOD PRODUCTION LAND USE AT 714 DIVISION STREET
Site Inspections Report: Ms. Davey reported visiting the site.
Staff report accepted as part of the record.
The applicant is requesting a Conditional Use Permit approval for an Indoor Food Production land
use at 714 Division Street.
Mr. Nielsen presented the items and reviewed the sites and surrounding area as well as the land
use and zoning classifications in this area. The petitioner is requesting approval of a Conditional
Use Permit (CUP) to establish an indoor hydroponics and mushroom growing facility. The
building was previously occupied as a candle factory and personal storage facility. According to
the applicant, hydroponics is a method of growing plants without soil and can be accomplished
indoors with no visible impact outside of the building. The applicant adds that the mushroom
growing operation functions entirely inside a sealed grow tent with its air being filtered before
entering and leaving the tent. The applicant plans on growing lettuce, spinach, basil, mushrooms,
and other vegetables and herbs as needed with the intent to distribute some of the produce to the
Jericho Ministries food pantry; the majority being sold to members of Zion Lutheran Church and at
the Oshkosh Farmers Market to raise funds to support the charitable programs of Jericho Road
Ministries, Inc.
The applicant states that the hydroponics and mushroom grow operation will require one or two
employees and one to four volunteers that will be working for approximately 10 hours a week.
The site does not have any on-site parking so the applicant plans to utilize the existing on street
parking facilities to accommodate the employees parking needs. This property is within Area 1 of
the Parking Exemption Overlay District, so on-site parking is not required.
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Plan Commission Minutes 2 March 21, 2023
The applicant states that the proposed use should not disturb neighboring properties as it does not
have any associated noise, fumes, or odors and that this operation is an environmentally friendly
and ecologically sustainable process to grow produce. All waste from the operation is planned to
be recycled or disposed of in dumpsters that are stored within the building and wheeled out on
garbage pickup days. Staff recommends approval with the findings and conditions as listed in the
staff report.
Mr. Perry opened up technical questions to staff.
Mr. Mitchell asked if because there is no outdoor dumpster, if that means they can bypass the
requirements for any sort of matching enclosure. He asked if they were to start storing things
outside, if that mean they would have to come back to Plan Commission.
Mr. Slusarek said the site doesn’t have any room to place a refuse enclosure. If they did want to,
they would have to come back for some type of approval to have it off the lot.
Mr. Nielsen said that the only place that would be available would be on the front façade which
would not be allowed.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Rev. Ritchie Cole; N9586 Van Dyne Rd, Van Dyne, stated that the idea of this CUP is to provide
additional fresh food to the food pantry year-round. It would also create an additional revenue
stream to the non-profit. There is no byproduct that would affect the community negatively. Once
the procedure is established with the mushroom tent, then they are going to use the process to help
addicts reintegrate back into society while they’re in recovery.
There were no 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 Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Mitchell.
Mr. Perry asked if there was any discussion on the motion.
Ms. Davey said that this is an awesome project. She is quite familiar with hydroponics and it is a
wonderful repurpose of the building.
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Plan Commission Minutes 3 March 21, 2023
Mr. Mitchell said he agrees with Ms. Davey and has great potential. He added that if there is a way
to monitor it, considering there is a residential neighborhood to the west. Sometimes commercial
facilities can start to overflow outside of their building and have a negative refuse impact or things
get stored on the side of the building. He says he wants to see this be kept as clean and
neighborhood friendly as possible.
Motion carried 6-0.
II. CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A PERSONAL
STORAGE FACILITY AT 3300 MEDALIST DRIVE - Item withdrawn by
applicant
III. SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR DRIVE-THROUGH
LANE & BUILDING ADDITION AT 2310 WESTOWNE AVENUE
Site Inspections Report: Ms. Propp reported visiting the site.
Staff report accepted as part of the record.
The petitioner requests an amendment to the Specific Implementation Plan approval for drive-
through lane and building additions at 2310 Westowne Ave.
Mr. Slusarek presented the items and reviewed the sites and surrounding area as well as the land
use and zoning classifications in this area. The applicant plans to replace the existing Cost Cutters
unit in the western building (2330) on the site with an Associated Bank. The proposed bank use
will include an 800 sq. ft. building addition and drive-through lane addition. Personal and
Professional Service and Drive-Through and In-Vehicle Sales or Service are permitted uses in the
SMU district. Staff recommends approval with the findings and conditions as listed in the staff
report.
Mr. Perry opened up technical questions to staff.
Ms. Propp said that on her site inspection, it seemed like the western side where the drive-thru
would be, doesn’t have enough room. Staff says it does, but there is a drainage area there.
Mr. Slusarek said that on the site plan they are showing a twelve-foot setback. The pavement does
not begin until after the ten-foot setback mark. Based on that, they do have sufficient space to meet
the setback. They will need to meet final stormwater requirements during site plan review that
may be shifting their drainage.
Mr. Mitchell asked if there are plans for sidewalks on either side, not just with this particular
development but this entire block. He doesn’t see that there are any, and he often notices people
walking through what is a wet area.
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Plan Commission Minutes 4 March 21, 2023
Mr. Gierach said that there are sidewalks on Westowne, but there are no plans to install sidewalks
along Highway 21.
Mr. Perry said there is a drive-through already, and asked if this means they are adding a second
drive-thru.
Mr. Slusarek said that is correct. There is an existing one on the Papa Murphy’s side, so there will
be a new one coming through to the north and wrapping around.
Ms. Davey asked if the drive-thru is going to the north, if that means it won’t be on the driver’s
side.
Mr. Slusarek said the applicant can help with that.
Mr. Perry asked if this means that now every building along Westowne will have a drive-thru.
Mr. Slusarek said that is correct.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Eric Gebhardt; Rinka Architecture, 3268 S Taylor Ave, Milwaukee. He stated that from an access
point, they were planning on accessing the drive-thru from the north side. The first lane is a drive-
up teller window, the second is remote with an ATM along the side of the building.
Ms. Davey asked if he means there will be two lanes.
Mr. Gebhardt said that is correct. The owner has said they have seen a lot of increased traffic at
their branches especially with travelers and people coming through town. They wanted a way to
be able to serve these customers at their new branch. The current branch is sublet with another
tenant.
There were no 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.
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Plan Commission Minutes 5 March 21, 2023
Ms. Davey asked if there is room for two drive-thru lanes.
Mr. Slusarek said there is since they are matching the 24-foot drive aisle requirement. It also
matches what they are doing for the parking drive lane. There is no strict requirement on drive-
thru lane width, it’s only when they are accessing parking.
Mr. Kiefer said that in the area to the west could go down to one lane after they come through the
drive-thru or ATM on the north side.
Mr. Slusarek said they could do that if they wanted, with one vehicle exited at a time.
Mr. Mitchell asked if the code allows landscaping in the setback area.
Mr. Slusarek said that is correct and it will be often used as a landscaping area.
Mr. Mitchell asked if Plan Commission could request for additional landscaping in that area/
Mr. Slusarek said they could request more landscaping to help buffer the drive-thru lane.
Motion carried 6-0.
PLANNING DIRECTORS REPORT
BOATWORKS EXTERIOR MATERIALS UPDATE
Mr. Lyons said that at the last council meeting, council determined that standing seam metal with
concealed fasteners is a Class III material. They modified condition three of Plan Commission’s
recommendation. Condition three was the condition that stated no more than 30% of the building
be used of that material. With the amendment, the applicant’s intended proposal is allowed.
Mr. Mitchell asked if that means the applicant us allowed to have the entire building in this
material.
Mr. Lyons said that is correct as long as it meets the articulation requirements of the code.
Mr. Mitchell asked if that means in this one case only.
Mr. Lyons said no. The distinction of how council worded that condition would apply across the
board as standing seam metal with concealed fasteners being a Class III material.
Ms. Propp asked if this was a change to the official zoning ordinance.
Mr. Lyons said this isn’t a change to the zoning ordinance, council essentially gave their
interpretation of it. Staff originally had to do the interpretation of what class this material was, and
council has weighed in their opinion that standing seam metal with concealed fasteners is Class III
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Plan Commission Minutes 6 March 21, 2023
viable. Going forward, staff will use that interpretation.
POTENTIAL PLANNED DEVELOPMENT AT THE NORTHWEST CORNER OF OSHKOSH
AVENUE AND N. WESTFIELD STREET
Mr. Lyons said that council had tabled the Lake Butte Des Morts Drive development and asked
staff to facilitate an additional neighborhood meeting. It has been scheduled for April 10th 2023 at
6pm in rooms 404/406 in city hall. Notices went out last Friday. It will be an action item at the April
11th council meeting.
Mr. Mitchell asked what they had any specific outcome goals for this meeting.
Mr. Lyons said they did not list any goals, just an additional opportunity for public participation.
Council is being noticed of the meeting and have the ability to attend.
Ms. Davey asked what the procedure is to talk about comment periods for public hearings.
Mr. Lyons said that a workshop would be scheduled to discuss along with the policies and
practices that go along with Plan Commission. This body could formally adopt that practice if they
chose to.
Ms. Davey and Mr. Perry agreed there should be a workshop for discussion.
Mr. Lyons said that a workshop could be scheduled for April 18th.
There being no further business, the meeting adjourned at approximately 4:25 pm. (Propp/Davey)
Respectfully Submitted,
Mark Lyons
Planning Services Manager