HomeMy WebLinkAboutMinutes__________________________________
Plan Commission Minutes 1 September 17, 2024
PLAN COMMISSION MINUTES
September 17, 2024
PRESENT: Joshua Belville, Margy Davey, Karl Loewenstein, Ed Bowen, Kathleen Propp,
Thomas Perry
EXCUSED: Meredith Scheuermann, Council Member Nichols, John Kiefer
STAFF: Mark Lyons, Planning Services Manager; Ray Maurer, Parks Department Director;
Justin Gierach, Engineering Division Manager; Brian Slusarek, Principal Planner;
Emma Dziengeleski, Assistant Planner; Brandon Nielsen, Associate Planner;
Jeff Nau, Planner; Katrina Malson, Office Assistant
Chairperson Perry called the meeting to order at 4:03 pm. Roll call was taken and a quorum
declared present. Mr. Loewenstein arrived at 4:05pm.
The minutes of September 3, 2024 were approved as presented. (Davey/Propp)
I. GENERAL DEVELOPMENT PLAN FOR A MULTI-FAMILY DEVELOPMENT
AT 0 BOWEN STREET, COMMONLY KNOWN AS VACANT PROPERTY
LOCATED NEAR THE SOUTHWEST CORNER OF EAST MURDOCK AVENUE
AND BOWEN STREET (PARCEL 1504830300)
Site Inspections Report: Ms. Propp reported visiting the site.
Staff report accepted as part of the record.
The applicant requests approval of a General Development Plan (GDP) for a multi-family
development.
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 2.26-acre vacant lot on
the southwest corner of East Murdock Avenue and Bowen Street. The site is zoned Urban Mixed
Use District with a Planned Development Overlay (UMU-PD). The surrounding area consists of
industrial uses to the north, commercial and institutional uses to the east, commercial uses to the
west, as well as vacant to the south. The 2040 Comprehensive Land Use Plan recommends
Neighborhood Commercial use for the subject area.
A Plan Commission workshop was held on April 16, 2024 and Plan Commission was supportive of
this proposal.
The applicant is proposing a multi-family development, which will include two 8-unit apartment
buildings, one 16-unit apartment building, with detached garages. The proposed 32 units results in
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Plan Commission Minutes 2 September 17, 2024
a density of 14.2 units per acre, while the maximum density is 36 units per acre for apartment
buildings in the UMU district. The minimum lot area is 1,200 sq. ft. per dwelling unit, and the
applicant is proposing 3,049 sq. ft. per dwelling unit which exceeds the necessary requirement.
The UMU district allows apartments of 3-12 units per building. Apartments with 13-16 units are
allowed as a Conditional Use. Staff does not have concerns with the proposed 16-unit building as
the site will remain under the maximum density and is not adjacent to lower intensity land uses.
A neighborhood meeting was held on September 9, 2024. Neighbors in attendance voiced
questions and concerns related to surrounding land uses, traffic, and recreation areas.
The proposed site will utilize an existing driveway access on East Murdock Avenue and Bowen
Street. Cross access agreement will need to be registered with the Winnebago County Register of
Deeds to allow the shared accesses. The applicant is providing 32 garage parking spaces and 36
driveway spaces to meet the parking requirement of 1 space per dwelling unit. The applicant is
requesting a Based Standard Modification (BSM) to allow a reduced rear setback to 18.7 feet, where
code allows a minimum of 25 feet. Staff is supportive of this BSM request as the rear property line
is adjacent to an existing parking lot and access drive.
Code requires recreation area for multi-family developments at a minimum of 200 sq. ft. plus 25 sq.
ft. per bedroom, for a total of 1,800 sq. ft. of recreation area. The applicant is proposing a recreation
area of 2,100 sq. ft which exceeds the necessary requirement.
According to the conceptual landscape plan, all requirements are being met. However, the
provided street frontage landscaping calculations do not specify points for the individual street
frontages. This will be addressed during the Specific Implementation Plan (SIP). The provided
yard landscaping points exceed the total requirement. Additional yard landscaping serves to offset
the requested BSM for reduced rear yard setback.
All site lighting and building facades will be addressed during SIP and Site Plan Review.
Staff recommends approval of the General Development Plan with the findings and conditions
listed within the staff report.
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. There were none so 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.
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Plan Commission Minutes 3 September 17, 2024
Seconded by Loewenstein.
Mr. Perry asked if there was any discussion on the motion.
Ms. Propp stated I'm sorry that the applicant is not here because I have a major issue. First of all,
not with the land use. I think this is a wonderful development for that area. This is my
neighborhood. I know it well. My problem is the driveways. The driveway access that's already
there for Piggly Wiggly on the north and on the south. Those are fine driveways except that they're
not. They lack adequate base, and they don't even stand up to grocery store traffic. In the spring,
you'll see the big patches in the driveways. That's where giant potholes appear every spring in the
driveway because it is not adequate to meet the needs. I believe that when they bring back a
specific plan, they need to come up with a scheme to improve the driveways. I know those are
grocery store driveways that they don't want to have to improve, but somebody needs to. They
will not be able to withstand the apartment traffic.
Mr. Bowen wondered procedurally if we approve this, as it sits, it approves the form and
placement generally of these items on the site.
Mr. Lyons stated that is correct, general locations and concept layout. If something significant
would change in a layout, they would have to amend the GDP when they came back for SIP. This
is really locking in that base land use of saying, yes, 32 units of apartments and an 18.7-foot setback
on the west is okay. But it doesn't mean they couldn't seek to amend it if a building moved or
something or had to be changed. They could ask to amend it during the SIP, and then it would be
the full review. The GDP is designed as an approval for concept layout and then really locking in
the land use of a site.
Mr. Bowen stated that's where I struggle a little bit with this one because I have no problem with
the underlying land use. If there was a general GDP approval where we could approve the concept
of putting 32 apartment units on this site, we would do that. There are just some things on this site
plan that I feel are sort of afterthoughts placed on a drawing to meet certain aspects of the code. I
don't know that the recreation area makes sense to be 5’ from the road. It just sort of seems
shoehorned in there. I think Kathy's right about the driveways, and this is an overall development
that is going to function in concert with Murdock and Bowen Street and those driveways and the
aprons to those driveways that are going to serve this development. It meets 95% of the
requirements in sort of technicality here, but I don't look at this site plan and think, boy, that's a
really good site plan. So, I don't know that I'm okay approving it, even though I am okay
approving sort of, like you said, the general concept of 32 apartment units, setback, all that sort of
stuff.
Mr. Lyons stated Plan Commission has some options. You could simply want it fixed now, table
this item, and the feedback will be given to the applicant. They would need to address your
concerns before Planning Commission will reconsider it. You could also condition it moving
forward and then look for them to address your concerns during SIP.
Mr. Bowen questioned if it was workshopped.
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Plan Commission Minutes 4 September 17, 2024
Mr. Lyons stated it was.
Ms. Propp wondered if we should table it, ask for another workshop, or something because it's
quite disappointing that the developer or his representative is not here to answer these serious
questions.
Mr. Bowen wondered if we make a motion to table will the discussion get fed back to the
developer.
Mr. Lyons stated we will have the minutes and staff will be able to update the applicant on the
concerns we've heard today.
Mr. Bowen stated, when it's appropriate, I will make a motion to table. I don't want to cut off
discussion if there are other concerns that should be read into the record to feed back to the
developer. I think I got most of mine out.
Ms. Davey stated she is having the same concerns plus a little. I go through this intersection
probably ten times a day. I'm quite familiar with it. I don't feel it’s a very safe place to have your
recreation space, not that it's going to matter because every side of this is going to have roads on it.
I also have concerns where their driveways are coming in and out. I don't really know where I
would say to put them, and maybe this is wider and bigger than I think it is, but it just feels to me
like it's going to cause a lot of grief, especially during busy shopping times where people are in
and out of there a lot. As Kathy mentioned, the current blacktop road that's there know will just
fall right down, before they get this built. The potholes can swallow a small car as it is. So, we drive
very carefully through there. I have many concerns about that, and I think that some of these
questions do need to be addressed before I'm willing to discuss it more. I will definitely support
tabling it.
Ms. Davey withdrew her motion.
Mr. Loewenstein withdrew his second.
Motion by Bowen to table this item until the 10/15/24 Plan Commission meeting.
Seconded by Davey.
Motion carried 5-1.
II. SPECIFIC IMPLEMENTATION PLAN FOR PHASE II OF A COMMERCIAL
DEVELOPMENT WEST OF AND ADJACENT TO 1710 OSHKOSH AVENUE
Site Inspections Report: Ms. Davey, Mr. Loewenstein, Mr. Bowen, and Ms. Propp reported visiting
the site.
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Plan Commission Minutes 5 September 17, 2024
Staff report accepted as part of the record.
The petitioner requests approval of a Specific Implementation Plan (SIP) for Phase II of a
commercial development at the northwest corner of Oshkosh Avenue and North Westfield Street.
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 site is a 1.33-acre partially developed parcel at
the northwest corner of Oshkosh Avenue and North Westfield Street. The property is zoned
Corporate Business Park with a Planned Development Overlay (CBP-PD) and the surrounding
area consists of commercial uses to the east and west, hotel to the north, and residential uses to the
south. This will be the fifth time this property has come before this body, last time being in May of
2023 for a General Development Plan (GDP) and SIP approval for Mr. Brews Taphouse restaurant
development located on the property.
The applicant is proposing the second of a two-phase development. Phase I is the now completed
4,200 sq. ft. single story restaurant and sports bar, which is Mr. Brews Tap House. Located at the
corner of Westfield Street and Oshkosh Avenue. Phase II is proposed to be a 4,479 sq. ft.
commercial building (Golden Nest Pancakes & Café) with a 308 sq. ft. outdoor patio.
The development will have a single access from the existing shared access drive across from North
Westfield Street, to the north of the site. A cross-access agreement has been recorded with the
Winnebago Count Register of Deeds as part of Phase I of this development.
The applicant is requesting a Base Standard Modification (BSM) to allow 71 parking spaces for
both phases, where a maximum of 42 spaces are allowed. According to the applicant, the increased
parking is needed as the maximum capacity of the sports bar is up to 150 people. The applicant is
trying to get closer to 71 stalls which is closer to one space per two people at maximum capacity as
originally requested with the Phase I approval. Staff is supportive of the BSM for increased
parking as dine-in restaurants may need more parking than code currently allows. The request is
not dissimilar from other restaurant developments requesting BSMs for increased parking.
A dumpster enclosure was constructed as part of Phase I at the northwest corner of the site. It was
sized appropriately to accommodate both restaurants.
The development is meeting all building and parking setbacks as required by the CBP District.
There was a BSM approved with the Phase I SIP for a reduced rear yard setback to 5’ from the code
requirement of 25’. This development will not be encroaching anymore within that setback.
Storm water utilities were constructed with the Phase I development. The facilities were designed
and constructed to accommodate both Phase I and II. The Department of Public Works reviewed
the Phase II development and reported that no changes should be needed. This will be confirmed
during Site Plan Review.
The landscape plan shows a combination of shrubs only along the building’s south elevation,
adjacent to where the proposed patio will be. No foundation plantings along the west (main
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Plan Commission Minutes 6 September 17, 2024
entrance) and north elevations. The applicant is deficient with the total point requirement of 40
points per 100 linear feet of building foundation (180.4 points required, 172.6 points provided).
With the substantial foundation plantings provided for the Mr. Brew’s building, staff is not
supportive of a BSM to omit plantings along these two facades. City staff will work with the
developer during Site Plan Review to have this addressed. The landscape plan is meeting the
paved area requirement of 50 landscaping points per 10 parking stalls. As proposed, 470.5 points
are being provided where 355 points are required, which is 132% over the minimum required.
Similarly, street frontage they are proposing approximately 106% of points needed, and 120 points
beyond what is required for yard landscaping.
The applicant has not submitted sign plans, however, the elevation plans show proposed wall
signage in the form of channel letters illuminated by gooseneck lamps on the south (Oshkosh
Avenue-facing) and west elevation. The signs are proposed to be 18 square feet each and are
within the maximum area of 1 sq. ft. per linear foot of building frontage. Phase I of this
development included a 9’ 8” tall retail monument sign with three 20 sq. ft. sign panels along the
corner of Oshkosh Avenue and North Westfield Street. It has been constructed and meets the code
requirements of the CBP district.
A photometric plan has been provided by the applicant. The provided plan meets the minimum
lighting level of 0.4 fc for all parking/drive areas. Lighting levels do not exceed the maximum of 0.5
fc at the east, south and west property lines, however, the lighting along the north property line
has values going up to 0.67 fc. Staff is recommending a BSM for the light level to exceed the
maximum allowed as the increased lighting will be illuminating the main drive entrance and
would not have any detrimental effect on the neighboring property to the north.
The Corporate Business Park standards require buildings to be clad on all sides with at least 75%
Class I materials. Also, window and door area shall comprise of at least 40% of the ground floor
level of the street facing facade. The elevations provided greatly exceed these requirements with
95.5% Class I materials on the north. 95.4% on the south, and 95.6% on the west side. The east side
is abutting Mr. Brew’s so that is not applicable. The street facing side is show to provide 40.4% of
window and door area.
Overall, the applicant is requesting BSMs to increase parking, and excessive lighting along the
north property line. To offset these BSMs, the applicant will be exceeding the overall landscaping
point requirement for the site and is proposing Class I materials greatly exceeding the 75%
minimum on all facades. Staff is comfortable that the applicant has adequately offset the requested
BSMs and the overall site is complimentary to the surrounding area. Staff recommends approval of
the Specific Implementation Plan for Phase II with the findings and conditions listed in the staff
report.
Mr. Perry opened up technical questions to staff.
Mr. Perry opened public comment and asked if the applicant wanted to make any statements. The
applicant was available for any questions.
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Plan Commission Minutes 7 September 17, 2024
Mr. Perry asked if any members of the public wished to speak. There were none so 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 Propp.
Mr. Perry asked if there was any discussion on the motion.
Ms. Propp stated this is a nice complimentary use, important for the two hotels, and neighbors. She
likes it.
Mr. Belville stated he has been to the Golden Nest in Sun Prairie. It is a trendy place, and he
mentioned while there that he wished we had one in Oshkosh. He thinks this is a great addition
for this location.
Mr. Perry stated he has no problem with increasing the number of parking spaces to 71. He wishes
we could make it 171, because it can get pretty busy there.
Mr. Bowen discussed the parking codes, and how staff is looking at where it works and does not
work. Clearly 42 parking spaces allowed for this type of development (are not enough); we
shouldn’t have to do a BSM for this. He knows staff is reviewing the code.
Mr. Lyons stated as we have learned, not all restaurants and traffic generation are created equal.
Motion carried 6-0.
III. PUBLIC HEARING: ZONE CHANGE FROM NEIGHBORHOOD MIXED USE
DISTRICT (NMU) TO NEIGHBORHOOD MIXED USE DISTRICT WITH A
PLANNED DEVELOPMENT OVERLAY (NMU-PD) AND APPROVAL OF A
GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN
FOR A MIXED USE BUILDING AT 1700 OREGON STREET
Site Inspections Report: Mr. Bowen and Ms. Propp 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 Neighborhood Mixed Use District with a Planned Development Overlay (NMU-PD). The
applicant also requests approval of a General Development Plan (GDP) and Specific
Implementation Plan (SIP) to allow for a mixed-use building.
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Plan Commission Minutes 8 September 17, 2024
Mr. Nielsen 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 is a .64-acre parcel with frontage on
Oregon Street and West 17th Avenue. The site contains a parking lot, one 30’x60’ garage, and a
roughly 7,000 square foot commercial building that was previously used as a tavern (with kitchen)
and banquet hall; formally known as Witzke’s Bar Food & Banquet Hall. The second floor (above
the tavern) contains an apartment. In 2005 the banquet hall, kitchen, storage, and ADA bathroom
were added to the existing building. In recent years, apparently there have been some weather-
related damages which caused the building to be closed. The current owners have started making
the necessary repairs to make it safe and useable again.
The applicant is requesting a zone change to allow for the GDP, which will be needed in order to
allow for the ground floor unit to exceed 30% of the total ground floor area. The applicant has
submitted plans to convert the existing banquet hall into a single apartment and to repair the
existing tavern and second floor apartment. Staff is supportive of this because the NMU-PD zoning
will be consistent with the neighboring property to the east. The Planned Development Overlay
will allow for changes and improvements to the site which otherwise may not occur.
The applicant plans to remodel the entire building to make it a functional tavern again and is
proposing to convert the existing banquet hall into a first-floor apartment. If approved, the
property will have two apartments and a tavern, and the banquet hall will no longer exist. A
neighborhood meeting was held on Thursday, September 5th, 2024 and three neighbors attended
the meeting. No one had any objections to the proposed project.
The proposed new apartment is roughly 3,150 square feet in size and the total ground floor area is
to be roughly 6,000 square feet. A Base Standard Modification (BSM) will be needed to allow that
area to exceed the 30% for ground floor residential area. Staff is supportive of the BSM request to
allow for that ground floor area to exceed 30%.
Mr. Lyons stated this is a great example of looking at ways to support more housing in the city, in
a non-traditional sense. Unfortunately using the Plan Development (PD) is the way we have to do
it today. This could be another opportunity where we need to look at the code and see how we can
promote housing in non-traditional ways. When the code was written in 2017 and we capped
ground floor residential at 30% it made sense during that climate. Knowing the housing challenges
we face now, as a community like most, these are some of the things we may want to look at
changing in the code to make it easier to do and add housing units.
Mr. Perry opened up technical questions to staff.
Mr. Perry opened the public hearing and asked if the asked if the applicant wanted to make any
statements.
Susan Hirschberg, of RH Design Build in Oshkosh, (applicant) wanted to elaborate on what was
said. The owner plans to occupy the first-floor unit, so they would be essentially watching over the
tavern and running it, which helps with the neighborhood. It also decreases the amount of traffic,
by eliminating the assembly space. She thinks it is a win for the area.
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Plan Commission Minutes 9 September 17, 2024
Ms. Propp asked if exterior improvements are planned.
Chris Morth, of 611 Oregon Street, (owner) stated they will be cleaning up the building and yard to
make it a nice facility internally and externally. We want to have a nice establishment, and want to
be closed by 10pm or 11pm. We plan to make things nicer outside. A new roof will be installed,
railings will be cleaned up, back steps will be replaced, and some exterior areas will be painted to
make it look beautiful again.
Ms. Propp stated her main concern is paint needed on the turret/tower.
Mr. Morth stated there is a lot of history with the building, and they want to make it look as good
as it possibly can. They want to keep the character to it.
Mr. Nielsen stated the applicant did not propose any additional signage, lighting, or landscaping.
If they want to, that can be addressed at Site Plan Review.
Mr. Perry asked if any members of the public wished to speak. There being none, Mr. Perry closed
the public hearing.
There was no closing statement from the applicant.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Belville.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 6-0.
IV. GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN
FOR A MIXED USE DEVELOPMENT ON THE EAST SIDE OF THE 600 BLOCK
OF NORTH MAIN STREET AND THE WEST SIDE OF THE 600 BLOCK OF
JEFFERSON STREET: PARCELS 0402300000, 0402260000, 0402240000, 0402230000,
0402370000, 0402360000, 0402340000, 0402330000, 0402320000, 0402310000,
0402280000, 0402250000
Site Inspections Report: Ms. Davey, Mr. Bowen, Mr. Loewenstein, Ms. Propp and Mr. Perry
reported visiting the site.
Staff report accepted as part of the record.
The applicant requests approval of a General Development Plan (GDP) and Specific
Implementation Plan (SIP) for a mixed-use development.
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Plan Commission Minutes 10 September 17, 2024
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 twelve vacant parcels located
on the west side of Jefferson Street and east side of North Main Street, which will be combined into
one parcel. The neighboring land uses include commercial to the north and west, residential and
commercial to the south, and residential to the east.
The applicant is proposing a mixed-use development consisting of a 3-story mixed
commercial/residential building along North Main Street and townhouses along Jefferson Street.
The ground floor of the mixed-use building will consist of commercial space to be used as a
daycare and the upper floors will consist of 39 apartment units. The townhouses will have 8 units
per building.
Two neighborhood meetings were held to show the neighbors the plans (June 18 and August 12,
2024). Neighbors in attendance voiced concerns related to additional residents in the area,
buffering the development from neighboring properties, parking, building material compatibility
with the surrounding area, and building/tenant management. A Plan Commission workshop was
held on August 6, 2024 with Plan Commission voicing support for the project.
The proposed site will have driveway access off North Main Street and Jefferson Street. The
applicant is providing 50 surface parking spaces. A Base Standard Modification (BSM) is needed to
allow reduced parking as code requires 1 parking space per residential unit in the Parking
Requirement Exemption Overlay (55 spaces). Staff is supportive of the BSM request for reduced
parking as site constraints limit the ability to provide the additional 5 required stalls. Staff feels the
additional on-street parking, in the area and center city location, of the site with alternative
transportation modes will adequately compensate for the slight parking deficiency.
The applicant is requesting a BSM to allow reduced front yard setback along Jefferson Street to 0’,
where code requires a 25’ setback. Staff is supportive of the BSM for reduced front setback as site
constraints limit the ability to meet setback including the fire separation from the mixed-use
building and needing the additional area to maximize their parking layout.
The applicant is also requesting a BSM for reduced side yard setbacks along the north property
line to 4’ where code requires a 5’ setback. Staff is supportive of a BSM to allow reduced side yard
setback as they need to maximize their parking area and it gets them out of the 10’x 10’ vision
triangle where that building would be along the entrance. They are also requesting a BSM for
reduced side yard setback along the remaining neighboring parcel to 0’. However, staff is
recommending increasing that to 2’ by reducing the proposed parking lot width for the two-way
drive aisle from 26’ to the code minimum of 24’. Recommending a slight adjustment to provide a 2’
setback along that remaining property.
Code requires recreation area as it is a multi-family development. Based on the square footage of
the building and number of bedrooms, they would need 3,400 sq. ft. of recreation area. They are
requesting a BSM to allow 1,650 sq. ft. of recreation area. Staff is supportive of a BSM to allow the
reduced recreation area as site constraints limit the ability to provide additional outdoor recreation
areas. The applicant notes that indoor community areas are available for occupants, such as an
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Plan Commission Minutes 11 September 17, 2024
indoor exercise room, kitchenette, and community room. This is a center city area which would
commonly be zoned Central Mixed Use district (CMU), which does exempt outdoor recreation
area requirements.
The building foundation landscaping point and paved area requirements are being met. However,
the parking lot design does not meet the requirement of having the parking end rows be 125 sq. ft.
in area and 7 ft. in width, and also not providing shade or deciduous trees in those islands. Staff
does not have concerns with that BSM request as it is needed to provide circulation for the site and
the applicant has exceeded the total paved area landscaping requirement as well as the specific
point requirements for tall trees and shrubs.
The applicant is meeting the street frontage point requirements along both street frontages.
However, code also requires those street frontages to include 50% of the points being medium
trees. They are deficient of that along both Jefferson Street and Main Street. Staff is supportive of a
BSM to allow that point reduction for medium trees as they have reduced minimal setbacks along
those frontages which does not allow for them to meet that medium tree point requirement.
The applicant is exceeding total yard landscaping points and that serves to offset some of the
requested BSMs.
There is a bufferyard requirement along the south property line, as it is abutting residential zoning.
The applicant is providing a 10’ wide bufferyard along with about 24’ of 6’ tall solid fence. There is
also neighboring 6’ tall solid fencing running along the neighboring residential property. So rather
than having the 6’ fencing going all along that property line, they are only proposing where there
is not neighboring fencing, but increasing the evergreen tree landscaping points. They are about
four and a half times what would be required for evergreen tree landscaping points to meet that
bufferyard. Staff feels that is an appropriate trade-off to have more evergreen trees rather than
back-to-back fencing along that property line.
For site lighting the applicant is meeting the .4 foot-candle minimum requirement for parking
areas, but the drive areas are deficient of that requirement. Staff is supportive of a BSM as they
have minimal area to provide those light fixtures along the property line without causing
increased excess lighting on neighboring properties. Staff is supportive of the lighting reduction
along the drive entrances specifically.
The proposed townhomes are two-story buildings with the exterior consisting primarily of wood
siding and the elevations are meeting all multi-family residential design standards.
Looking at the elevations for the mixed use building, code requires the front and side facades to be
50% Class I materials. The applicant is requesting a BSM for the west. Main Street facing, façade to
be 44% Class I materials. Staff does not have concerns with that reduction as it is a relatively slight
reduction and the applicant has exceeded the Class I material requirement on all other facades.
Overall, the applicant is requesting BSMs for reduced parking spaces, setbacks, outdoor recreation
area, lighting levels, Class I materials, and specific landscaping requirements. To offset the
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Plan Commission Minutes 12 September 17, 2024
requested BSMs, the applicant has provided 129% of the required landscaping points and exceeded
the Class I material requirement for the mixed-use building by 6.4%. Staff is comfortable that the
applicant has adequately offset the requested BSMs and the development is compatible with the
surrounding area.
Staff recommends approval of the General Development Plan and Specific Implementation Plan
with the findings and conditions listed in the staff report.
Mr. Lyons stated there appears to be a lot of BSMs however it is less than a block north of where
CMU cuts off. If this was a block further south many of these would no longer be required. Given
the urban nature and the logical extension of the urban core, it makes sense for this to be an urban
style development. When you combine that with the need for housing in the community, I think it
makes a lot of sense to be supportive of the project even though there are a number of BSMs.
Mr. Perry opened up technical questions to staff.
Mr. Loewenstein wondered what exterior building materials are allowed on the Main Street side,
instead of Class I materials.
Mr. Lyons passed samples around and stated the architect would later explain them in further
detail. As Brian noted, they are using Class I materials but only at a ratio of 44% instead of the 50%
required.
Mr. Perry opened public comment and asked if the applicant wanted to make any statements.
Justin Mitchell, of 652 Monroe Street in Oshkosh, complimented Mr. Slusarek on his overview of
the project. The Redevelopment Authority (RDA) put together, multiple years in a row, a request
for townhomes along Jefferson Street. Future land use plan calls for mixed-use development. Other
plans in the city talk about tucking the parking behind the buildings so that it's not a parking lot
directly on Main Street as it is just north of our site. So many different aspects from the housing
needs assessment and the downtown action plan from, I think, 2001, went into formulating what
this project was going to be. This is the result of those plans, so congrats to the city. Joining me
here, we've got David Juniel with WIRE Capital. He's part of the ownership and development
team. Josh Sommerfeldt is an architect with M&A Design. Sue Van Houwelingen is the chair of the
board of the Oshkosh Child Development Center, which would be the nonprofit child care
operator. Jason Day with Excel Engineering. I'm happy to answer any questions that you have.
Mr. Belville wondered if the outside material was primarily wood. I'm just thinking about
downtown. A majority of it is brick or stone. I want to know the coloring and the mock-up, if that's
the exact coloring that we'll get. I'm just kind of wondering how we chose almost all wood and
then how we got the coloring for the building.
Josh Sommerfeldt, of 24 South Brooke Street in Fond du Lac, stated the ended up deciding on
wood because originally I had fiber cement on here, but what I'm finding is fiber cement doesn't
perform well in our climate. What we have is Class I, a lot of brick on there. Almost all the black
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Plan Commission Minutes 13 September 17, 2024
that you see is all the brick. The main entry has a pillar of gray brick to accent it. The rest of the
material that you see there is LP. The white stuff that you see is LP. It's a wood manufactured
product. I propose a smooth panel with a metal channel in between. It'll have a little half-inch
reveal. It'll be a very contemporary, modern vibe. You probably won't even know that it's wood, to
be honest. There are samples of the colors too. On the left side is the lap siding. That's what you're
going to see on the townhomes. On the right side is the smooth siding, and that's what you're
going to see on the mid-rise to give it that contemporary, commercial vibe on the main street there.
Mr. Lyons stated what you see here that is called out in wood in the white, we have traditionally
seen in recent years developers using fiber cement board. And as Josh mentioned, what they're
seeing is that product does not have the same longevity that some of the wood products do. We
used to have a fiber cement board that mimicked wood, and now we've made a transition now to
some wood that mimics fiber cement. So, it's a product analysis kind of thing.
Ms. Propp wanted a better description of where each of the materials goes on the building.
Mr. Sommerfeldt referred to the building materials being passed around and described where each
material would be placed on the building.
Mr. Perry asked if any members of the public wished to speak. Seeing none Mr. Perry closed public
comment.
There was no closing statement from the applicant.
Motion by Propp 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.
Ms. Davey stated wow, I like this very much. Thank you.
Ms. Propp stated I see Justin's fine hand in this, and I appreciate it. Experience pays off. Thank
you.
Mr. Perry stated this is a quality project and I fully support it.
Motion carried 6-0.
Mr. Bowen left at 5:01pm.
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Plan Commission Minutes 14 September 17, 2024
V. APPROVAL OF THE COMPREHENSIVE OUTDOOR RECREATION PLAN
(CORP)
Staff report accepted as part of the record.
The CORP is a document that assists the community in the development of park and open space
amenities that will satisfy the needs of the citizens.
Mr. Slusarek stated this is an update to the CORP that was last adopted in 2018. Planning staff has
worked with the Parks Department and made suggestions on the CORP, and the review is for
consistency with the Comprehensive Plan. We have a slide show made by Rettler Corp and the
Parks Director.
Rebecca Ramirez, a Landscape Architect with Rettler Corp, stated her company is a Stevens Point-
based landscape architecture, civil engineering, design, and planning firm. We also do construction
management, and have a survey department in-house as well. Rettler Corporation has assisted the
city with the preparation of the last two comprehensive outdoor recreation plans, and we are
honored to be able to be doing that again. While I go through this presentation, please feel free to
let me know if you have questions. Ms. Ramirez went through the slide-show.
Ms. Davey asked how people knew about the surveys being available via Polco.
Ray Maurer, Parks Department Director, stated we did social media posts, then shared then with
all city departments, and they shared it online. We include it in the City Manager newsletters. If
you've done the Polco surveys in the past you should have received an e-mail.
Mr. Loewenstein wondered what happens when we approve a plan to allow half the appropriate
outdoor space. Do you do something on the public side to make sure those kids have enough
public space within the radius.
Mr. Lyons stated outdoor recreational space, as required within the zoning ordinance, is not
intended to be a replacement for park space. It is intended to be outdoor green space that is usable
by the residents of a specific development. It is only required in multifamily developments that are
not in the urban core because it is recognized, that in the urban core, the value of land is more from
a priority of buildings and improvement standpoints than park land. Looking at the neighborhood
map you can see there are needs for some increased park space in the urban core. That is identified
within the plan. We also recognize within that plan there are a number of opportunities for
increased park space. Looking at the broader community, not a specific element of a development.
I'm going to talk during the Director's Report later about parkland impact fees and updating our
fee in lieu of and our parkland dedication requirements. There is an ongoing study that is being
done, that was approved by Council, to look at how we improve the monetary side of parks from
parkland impact fees to address our growing populations, and how we make sure we are receiving
adequate land based on the size of developments.
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Plan Commission Minutes 15 September 17, 2024
Mr. Loewenstein wondered if Plan Commission could condition a project stating that in-lieu-of
providing more space we would like you to fund the Parks Department, in some way, instead of
doing a Base Standard Modification (BSM).
Mr. Lyons stated no, you cannot condition a land use approval on something of that nature. When
looking at a development you can take into consideration if there is enough parkland available in
the area to offset the ask. You could not say, I'm only going to approve this if you then give money
to the parks department. That is fee in lieu of, which is a separate element of the ordinance where
the ordinance requires it. Part of what we're doing with the parkland impact fee study is looking at
how we level the playing field for fee in lieu of versus parkland dedication. The way the code
reads now is if you need to create a plat for your development, you have to do parkland dedication
or fee in lieu of. If you have a standalone single parcel that you are taking ownership and
development of, you are not required to do parkland dedication or fee in lieu of. That does create
some inadequacies in the way that the current plan works. You could build 500 units on a parcel
that needs no CSM, and you have to do nothing to assist with the parkland needs of the city. You
could build that same development and need a CSM, and now you have to do fee in lieu of or
parkland dedication. Those same 500 units have the same impact on the city and its needs either
way. That's why we're doing the study to get those things brought up to speed.
Ms. Propp stated the CORP is incredibly detailed, and I appreciate all the photos. It helps to
understand what is here. Oshkosh is still deficient in park area, and this is a soapbox I've been on
for quite some time. And that's why the study about how the heck can we beef up funding of park
acquisition and then park development, both. Parks have been underfunded by this community
for a long time, in my opinion.
Motion by Propp to approve the Comprehensive Outdoor Recreation Plan.
Seconded by Belville.
Mr. Perry asked if there was any discussion on the motion.
Ms. Propp wanted to thank the Parks Department and Board for paving the loops in Lakeshore
Park on the trail. She discussed the restrooms in the area, and how it is a long way between them.
There are new wayfinding signs along the Riverwalk and she suggests more specifics on them.
Mr. Maurer stated we have been working on this for probably five years. The signs have been
requested by visitors, the Convention Visitors Bureau, and businesses. We have restrooms on both
sides of the river at both ends of the Riverwalk, basically. Trails generate economic development. If
we can help out a business by trail users going in and using their restroom and purchasing a
beverage or purchasing some food or a product, we hope that is what's happening. It would be
nice to have more public restrooms.
Mr. Lyons stated the signs are recent and we can improve them.
Motion carried 5-0.
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Plan Commission Minutes 16 September 17, 2024
PLANNING MANAGERS REPORT
Mr. Lyons stated the October 1st Plan Commission meeting is cancelled, due to no items being
submitted for that agenda. There will only be one meeting in October on the 15th. Similarly, in
November there is only one meeting on November 19th. The first meeting fell on Election Day, and
our meeting rooms are needed to accommodate that process. In December there is only one
meeting on December 3rd. There is no December 17th meeting because the Council meeting would
be December 24th, and I don't think anyone wants to go to Council on December 24th.
On Monday, November 11th, we are holding a joint meeting between the Parks Advisory Board
and Planning Commission at the Convention Center to talk about the impact fee study. Ellers is
currently working on that study for the parkland impact fees, the fee in lieu of the land dedication.
So, we want to have a joint meeting between a lot of the boards that are involved in it. You will
receive more information as it gets closer. We want the opportunity to talk with both boards that
are going to be impacted by that study before it moves on to Council. We're also going to take it to
Long Range Finance to get some input from them. It is great that the CORP is here tonight so we
can kind of talk about the city has recognized that there's some deficiencies in how we develop
parks and how we fund the development of parks. Making sure our metrics are brought up to
speed with where we should be with peer communities. A lot more information will be given at
that. On October 30th, we're going to be holding a public informational session. We wanted to get
public input from the community before we have the board and commission meetings.
This will be my last meeting with you. I have accepted a position moving on from the city. I've
been here a little over seven years, and really appreciated all your time and effort that you've put
into being on this board. I think Plan Commission is really one of the most important elements of
the city. I just want to thank everybody for their time. Leaving it in great hands with staff. I think,
as you all know, they do a great job with these. There will be some changes as my position is
refilled.
Plan Commission members congratulated Mr. Lyons and told him they would miss him.
There being no further business, the meeting adjourned at 5:35 pm. (Davey/Propp)
Respectfully Submitted,
Mark Lyons
Planning Services Manager
ML/km