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Plan Commission Minutes 1 July 2, 2024
PLAN COMMISSION MINUTES
July 2, 2024
PRESENT: Kathleen Propp, Meredith Scheuermann, Karl Loewenstein, Margy Davey,
Kristopher Ulrich, John Kiefer, Thomas Perry, Ed Bowen, Council Member Nichols
EXCUSED:
STAFF: Kelly Nieforth, Community Development Director; Justin Gierach, Engineering
Division Manager; Brian Slusarek, Principal Planner; Emma Dziengeleski, Assistant
Planner; Brandon Nielsen, Associate Planner; Jeff Nau, Planner;
Chairperson Perry called the meeting to order at 4:00 pm. Roll call was taken and a quorum
declared present.
The minutes of June 18, 2024 were approved as presented. (Davey/Scheuermann)
I. GRANT UNDERGROUND ELECTRIC EASEMENT AT 3280 COMPASS WAY (CITY
TRANSLOAD FACILITY) TO WISCONSIN PUBLIC SERVICE CORPORATION
Site Inspections Report: No Commissioner reported visiting the site.
Staff report accepted as part of the record.
The City of Oshkosh requests to grant an underground electric easement to Wisconsin Public
Service Corporation (WPS) on City-owned land at 3280 Compass Way.
Mr. Nau presented the items and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. The subject property is a City-owned parcel located on the
east side of Compass Way within the Southwest Industrial Park and is the location of the City’s
transload facility. The surrounding area is predominantly agricultural in use and is prepped for
future industrial uses as recommended by the City’s Comprehensive Plan.
WPS is requesting this easement to install electrical service to the transload terminal. This will
connect from WPS’s facilities to the west within a separate easement area granted by the City in
2014.
The proposed easement is located along the north side of the City’s property. The easement will
commence from an existing private utility easement to the west. The easement is proposed to be
12 feet wide by approximately 160 feet long and 1,920 square feet (0.44 acres) in area.
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Plan Commission Minutes 2 July 2, 2024
Wording in the easement document will allow WPS to access the property, install underground
electric lines and related infrastructure, and maintain or replace its facilities as needed. The
easement is subject to conditions and restrictions listed in the easement agreement.
The City Attorney’s Office is coordinating with the Department of Community Development and
WPS, and has prepared a draft of the easement documents. The signed easement agreement will
be recorded at the Winnebago County Register of Deeds upon approval by the Common Council.
Mr. Perry opened up technical questions to staff.
Mr. Perry opened public comment and asked if the applicant wanted to make any statements.
Mr. Perry asked if any members of the public wished to speak.
Mr. Perry closed public comment.
There was no closing statement from the applicant.
Motion by Davey 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.
Motion carried 9-0.
II. PUBLIC HEARING: ZONE CHANGE FROM URBAN MIXED USE DISTRICT (UMU)
TO URBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY
(UMU-PD) FOR PROPERTY LOCATED SOUTH OF 686 NORTH MAIN STREET -
PARCEL 0402300000 (FORMERLY 668 NORTH MAIN STREET)
Site Inspections Report: Ms. Scheuermann, Mr. Lowenstein, Mr. Ulrich, Council Member Nichols,
Ms. Davey, Mr. Bowen and Mr. Perry 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) for the property located at 0
North Main Street (Parcel 0402300000).
Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The subject area included in the zone change request
consists of a 3,600 sq. ft. vacant property located on the east side of North Main Street, south of
East Irving Avenue. The site previously had a commercial building that was razed in 2021. The
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Plan Commission Minutes 3 July 2, 2024
surrounding area consists primarily of a mix of commercial, mixed use and vacant properties. The
2040 Comprehensive Plan recommends Center City land use for the subject property and the
adjoining parcels.
Mr. Perry opened up technical questions to staff.
Council Member Nichols asked if the applicant will have to resubmit their WHEDA application
due to this parcel not being included in the initial rezone.
Ms. Nieforth said that the applicant will not need to resubmit their application. They were
approved for the tax credits, and this was just an oversight. This planned development overlay is
able to give the applicant flexibility.
Mr. Perry opened the public hearing and asked if any members of the public wished to speak.
April Chase; 686 N Main St, asked if a fence will be put up since the fence she had was torn down
during the demolition of the building.
Mr. Slusarek said that the fence will be addressed as part of the planned development when the
applicant comes back through Plan Commission with their plans for the general development plan
and specific implementation plan. At this time, it is just a zone change to get common zoning.
Mr. Perry closed the public hearing.
There was no closing statement from the applicant.
Motion by Kiefer to adopt the findings and recommendation as stated in the staff report.
Seconded by Davey.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 9-0.
III. GRANT PRIVILEGE IN THE STREET FOR GROUNDWATER MONITORING WELLS
SOUTH OF 110 PEARL AVENUE LOCATED IN THE PEARL AVENUE RIGHT-OF-
WAY AND WEST OF 50 PEARL AVENUE LOCATED IN THE MARKET STREET
RIGHT-OF-WAY
Site Inspections Report: No Commissioner reported visiting the site.
Staff report accepted as part of the record.
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Plan Commission Minutes 4 July 2, 2024
The applicant is requesting privilege in the street to allow for installation and monitoring of two
groundwater monitoring wells in City right-of-way.
Mr. Nielsen presented the items and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. Gunderson Cleaners Inc. has contracted with
EnviroForensics to oversee the installation of two 2-inch monitoring wells; the first being located
within the north sidewalk area of Pearl Avenue (well MW-118), and the second within the east
sidewalk area of Market Street (well MW-119). The purpose of the monitoring wells is to expand
the monitoring network of ground water contamination emanating from the 118 High Avenue
property, which operated a laundry business from the 1920’s until the mid-1980’s. According to
the submitted site plan, the proposed location of well MW-118 is within the north sidewalk of
Pearl Avenue, approximately 25 feet northwest of the northwest sidewalk corner of Pearl Avenue
and Market Street. The proposed location of well MW-119 is within the east sidewalk of Market
Street, approximately 4 feet southwest of the southeast sidewalk corner of High Avenue and
Market Street. The final drill locations may be slightly modified to avoid any underground
utilities that may be present. Staff recommends approval of the privilege in the street with the
conditions listed in the staff report.
Mr. Perry opened up technical questions to staff.
Mr. Perry opened the public hearing and asked if any members of the public wished to speak.
Mr. Perry closed the public hearing.
There was no closing statement from the applicant.
Motion by Ulrich to adopt the findings and recommendation as stated in the staff report.
Seconded by Davey.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 9-0.
IV. SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR MONUMENT SIGN AT
4233 WAUPUN ROAD
Site Inspections Report: Mr. Loewenstein and Council Member Nichols reported visiting the site.
Staff report accepted as part of the record.
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Plan Commission Minutes 5 July 2, 2024
The applicant is requesting approval of a Specific Implementation Plan (SIP) amendment for a
monument sign at 4233 Waupun Road.
Ms. Dziengeleski presented the items and reviewed the site and surrounding area as well as the
land use and zoning classifications in this area. The subject site consists of a 2.2-acre development
site within a property located on the west side of Waupun Road, east of State Highway 41. The
property is zoned Institutional District with a Planned Development Overlay (I-PD) and contains
an Educational Training Facility for Construction Management students at Fox Valley Technical
College (FVTC). The surrounding area consists predominantly of agricultural uses along with
some institutional and residential uses. The 2040 Comprehensive Plan recommends Community
Facility use for the subject property.
On March 14, 2023, Common Council approved a General Development Plan and Specific
Implementation Plan for an educational training facility on the subject property. The applicant is
requesting amendment to the existing SIP for a new monument sign. Staff recommends approval
of the SIP amendment with the findings and conditions listed in the staff report.
Mr. Perry opened up technical questions to staff.
Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements.
Mr. Perry asked if other members of the public wished to speak.
Mr. Perry closed the public hearing.
There was no closing statement from the applicant.
Motion by Davey to adopt the findings and recommendation as stated in the staff report.
Seconded by Lowenstein.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 9-0.
V. GENERAL DEVELOPMENT PLAN AMENDMENT & SPECIFIC IMPLEMENTATION
PLAN AMENDMENT FOR A TOWNHOME DEVELOPMENT BETWEEN 1100 WEST
20TH AVENUE & 1020 WEST 20TH AVENUE (PARCEL 1307110201)
Site Inspections Report: Mr. Perry, Ms. Propp, Mr. Ulrich, Council Member Nichols, Mr.
Lowenstein and Ms. Scheuermann reported visiting the site.
Staff report accepted as part of the record.
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Plan Commission Minutes 6 July 2, 2024
The applicant requests approval of a General Development Plan Amendment and Specific
Implementation Plan Amendment for a multi-family development at 0 West 20th Avenue, parcel
1307110201.
Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The subject site consists of a 1.52-acre vacant lot on the
north side of West 20th Avenue, west of Knapp Street. The site is zoned Neighborhood Mixed Use
District with Planned Development Overlay (NMU-PD). The surrounding area consists of
residential uses to the north, east, and west along with commercial uses along West 20th Avenue
and airport related uses on the south side of West 20th Avenue. The 2040 Comprehensive Land
Use Plan recommends Neighborhood Commercial use for the subject area.
On August 9, 2005, Common Council approved a Planned Development for a condominium
complex consisting of a 2-story structure containing 19 dwelling units. However, the approved
development was never constructed. Staff recommends approval of the GDP and SIP amendment
with the findings and conditions listed in the staff report.
Mr. Perry opened up technical questions to staff.
Mr. Lowenstein asked if the regulations from the 2005 approval have changed.
Mr. Slusarek said that the regulations have changed, but overall, it was a different development.
The approval from 2005 was a single building with 19 units, and this request is three smaller
buildings.
Council Member Nichols asked if this developer is the same developer from 2005.
Mr. Slusarek said it is a new developer.
Mr. Ulrich asked if there is a concern of the flow of traffic since there is only one lane coming in
and out of 20th Avenue.
Mr. Slusarek said that there haven’t been additional concerns versus what was previously
approved, and this is an allowable land use in the zoning district.
Ms. Scheuermann asked if the makeup of the units were different, if the outdoor recreational space
would be different.
Mr. Slusarek said that they looked at how much area was available, and with the patios, that gave
them enough space being comparable with what code would require for overall recreation space.
They are condo units and each unit has it’s own patio space.
Mr. Perry opened public comment and asked if the applicant wanted to make any statements.
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Plan Commission Minutes 7 July 2, 2024
Mr. Perry asked if any members of the public wished to speak.
Randy Schmiedel; 230 Ohio St, and Scott Kintopf; 3350 S River Rd, West Bend, WI, made
themselves available for questions.
Brian Frank; 1095 W 19th Ave, had concerns of what would happen to his trees that border on the
east side of the development since they plan on putting up a fence.
Ross Kussman; 1115 W 19th Ave, said he has a transformer in the back corner of his lot. He wants to
know if he will still be able to access it once construction takes place.
Mr. Slusarek said both questions will be deferred to the applicant.
Mr. Perry closed public comment.
Mr. Schmiedel said that there was a neighborhood meeting in June, and they met with a lot of
neighbors and talked about the concerns they had. He said they will have to take a look at the site
to see how far Mr. Frank’s tree protrude onto their property. There may be an opportunity to bring
the fence back to protect the trees, they don’t want to get rid of perfectly healthy trees.
Ms. Davey asked if the trees would be sufficient without the fence.
Mr. Schmiedel said it’s possible, but he won’t know until he visits the site and takes a look at the
trees. He’s not sure what the city would require if the trees aren’t on their property.
Mr. Slusarek said that if the trees are on Mr. Schmiedel’ s property, they will count towards the
bufferyard.
Mr. Schmiedel said he also sees no reason why Mr. Kussman shouldn’t have access to the
transformer on his lot.
Ms. Davey stated that she’s not comfortable with the amount of increased hardscape due to the
two spaces per unit for parking. This combined with no pedestrian or bike access, it seems like too
much and not good for the environment. However, thank you for mitigating it with landscaping.
Motion by Davey to adopt the findings and recommendation as stated in the staff report.
Seconded by Scheuermann.
Mr. Perry asked if there was any discussion on the motion.
Ms. Propp said this development is the definition of infill. She stated she had a hard time finding it
while driving down 20th Ave. She said it is a tight fit for the number of units. She will support it
and hope it works out well.
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Plan Commission Minutes 8 July 2, 2024
Mr. Lowenstein asked more about the driveway for the development. He said it doesn’t seem safe
or accessible. He asked how the city sees that access to a busy road.
Mr. Slusarek said there is an existing planned development that could be built today with 19 units.
The density has been reviewed as part of the original approval. Both plans were reviewed by the
Director of Transportation as part of the site plan review and no concerns were noted.
Mr. Kiefer asked if it is a standard road width.
Mr. Slusarek said it is about 25-30’.
Mr. Ulrich said that he believes the people who live there will go through the parking lot to the
east and using either entrance as both an entrance and an exit if it gets to be too busy.
Motion carried 9-0.
There being no further business, the meeting adjourned at 4:38 pm. (Davey/Kiefer)
Respectfully Submitted,
Mark Lyons
Planning Services Manager
ML/hs