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PLAN COMMISSION MINUTES
APRIL 17, 2001
PRESENT:Lee Bettes, Lurton Blassingame, Achim Reschenberg, John Ruppenthal, Fred
Timmerman, and David Borsuk; Chairman
EXCUSED:Melanie Bloechl, Steve Gehling, Donald Krueger, Donald Pressley, and James Smith
STAFF:John Bluemke, Principal Planner; Darryn Burich, Principal Planner; Tony Lang,
Assistant Director of Public Works; and Vickie Rand, Recording Secretary
Chairman Borsuk called the meeting to order. Roll call was taken and a quorum declared present.
The minutes of April 3, 2001 were approved as mailed. (Blassingame/Bettes). Unanimous.
I:CONSENT AGENDA
A:Land Division: Parkview Court
Reinhard Roehlig, petitioner for Tim McBriar, owner, requests the Plan Commission to review and
approve a land division for property located on Parkview Court, which area is zoned R-2 Two Family
Residence District.
B:Land Division: Northeast Corner, Grove Street and Cleveland Avenue
The Great Lakes Companies, Inc., petitioner for Dewy Homes, Inc., owner, requests the Plan
Commission to review and approve a land division for property located at the northeast corner of the
intersection of Grove Street and Cleveland Avenue. This property was formerly a parking lot for Mercy
Medical Center for which the Plan Commission approved a land division to create two lots on April 3,
2001. The subject property is Lot 1 of the CSM approved on April 3, 2001 and it is zoned R-2 Two
Family Residence.
C:Privilege In Street : 3135 – 3042 Oregon Street
Oshkosh Truck Corporation, petitioner, requests the Plan Commission to review and approve a
Privilege In Street to allow the placement of telephone and fiber optic cables within the public right-of-
way. The communication cables will be placed under approximately 33’ of City right of way near the
intersection of Waukau Avenue and Oregon Street.
Plan Commission Minutes Page 2April 17, 2001
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D.Privilege in Street: 218/225 W. 20 Avenue
Murphy Oil USA Inc., petitioner, requests the Plan Commission to review and approve a Privilege in
Street to allow the placement/installation of two monitoring wells in a City right-of-way. One
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monitoring well would be in front of 218 W. 20 Avenue and the other would be in front of 225 W. 20
Avenue. The wells are being requested to investigate a gasoline leak at 2005 Oregon Street. It is
anticipated the wells will be sampled about four times per year with the wells being used one to two
years.
Motion by Bettes for approval of the Consent Agenda with conditions for Item C: Privilege in
Street for Oshkosh Truck Corporation as follows:
1)The telephone and fiber cables are installed in a manner that is approved by the
Department of Public Works.
2)If no longer needed the telephone and fiber cables be properly abandoned and
removed in accordance with City standards and under the direction of the
Department of Public Works.
3)That any problem which may arise as a result of the placement of the telephone and
fiber cables be the responsibility of the petitioner to correct in coordination with the
Department of Public Works.
4)That all appropriate permits are obtained prior to the start of
construction/placement of the fiber network.
5)That the telephone and fiber cables be modified or removed immediately upon the
request of the City.
6)The petitioner/owner secures and submits to the City Clerk a separate insurance
policy which names the City as an additional insured with a minimum coverage of
$200,000 per person and $500,000 in general aggregate.
7)It is the responsibility of the petitioner/owner to file in a timely manner a new
insurance certificate with the City Clerk upon expiration of an existing certificate.
Failure to do so will result in the revocation of the privilege in the street upon ten
(10) days’ notice.
8)The petitioner/owner execute a hold harmless agreement with the City.
and with the conditions for Item D: Privilege in Street for Murphy Oil USA Inc. as follows:
1)The monitoring wells be installed in a manner that is approved by the Department
of Public Works so that it is flush with the roadway.
2)The monitoring wells be properly abandoned and removed in accordance with City
standards and under the direction of the Department of Public Works.
Plan Commission Minutes Page 3April 17,2001
3)That any problem which may arise as a result of the placement of the monitoring
wells be the responsibility of the petitioner to correct in coordination with the
Department of Public Works.
4)That all appropriate permits be obtained prior to the start of
construction/placement of the monitoring well.
5)That the monitoring wells be modified or removed immediately upon the request of
the City.
6)The petitioner/owner secures and submits to the City Clerk a separate insurance
policy which names the City as an additional insured with a minimum coverage of
$200,000 per person and $500,000 in general aggregate.
7)It is the responsibility of the petitioner/owner to file in a timely manner a new
insurance certificate with the City Clerk upon expiration of an existing certificate.
Failure to do so will result in the revocation of the privilege in the street upon ten
(10) days’ notice.
8)The petitioner/owner execute a hold harmless agreement with the City.
Seconded by Ruppenthal. Motion carried 6-0.
II:HICKORY V ANNEXATION
Joseph Kaufman, ETAL, petitioners, request the Plan Commission to review and approve the Hickory
V Annexation generally located on Hickory Lane in the Town of Oshkosh. Temporary and permanent
zoning of R-1 Single Family Residence District has been requested.
Mr. Bluemke introduced the item stating that the Council would be asked to leave out two lots located in
the shaded area on the map displayed, Lot 36, which is the Town of Oshkosh Fire Lane; and Lot 39 a
homestead to be left out of the annexation. The homestead has agreed to have the property automatically
annex to the City upon sale or transfer of the property.
Joe Kaufman, 2328 Hickory Lane, stated he was one of the owners in the proposed annexation area, and
commended Mr. Bluemke for the complete presentation given.
Mr. Ruppenthal questioned why the fire lane was being withheld from the annexation. Mr. Bluemke
stated the Town of Oshkosh wanted to retain access to water in case of fire.
Motion by Ruppenthal for approval of the Hickory V Annexation without inclusion of lots
36 and 39 and with temporary and permanent zoning of R-1 Single Family Residence
District.
Seconded by Timmerman. Motion carried 6-0.
Plan Commission Minutes Page 4April 17, 2001
III:CONDITIONAL USE PERMIT: RESTAURANT WITH DRIVE-THRU EAST OF
2351 WESTOWNE AVENE
Kent Kowalik, petitioner for Westowne Centre, LLC, owner, requests the Plan Commission to review
and approve a Conditional Use Permit for a restaurant with a drive-thru to be located east of the new
Menards store at 2351 Westowne Avenue. The area is characterized by commercial land uses and the
subject site is zoned C-2 PD General Commercial with a Planned Development Overlay.
Mr. Reschenberg questioned if the restaurant would have any access to Westowne Avenue. Mr.
Bluemke replied that all traffic for the drive-thru restaurant would be internal to the development.
Motion by Bettes for approval of the Conditional Use Permit for a restaurant with a drive-
thru to be located east of the new Menards store at 2351 Westowne Avenue and has
determined the proposed use is in compliance with the standards of Section 30-11.
Seconded by Reschenberg. Motion carried 6-0.
IV:CONDITIONAL USE PERMIT FOR A CONCRETE BATCH PLANT 2851 ALGOMA
BLVD
MMC, Inc., petitioner and owner, requests the Plan Commission to review and approve a Conditional
Use Permit (CUP) for a concrete batch plant at 2851 Algoma Boulevard. The general area is
characterized by industrial, commercial, and institutional land uses. The subject property is zoned M-3
General Industrial District.
Gene Vandermar, MCC General Manager, stated the driveway will be asphalt, and the new plant is
being built as a “state of the art” plant. He explained the many dust collectors that will be used to keep
the area clean which also meet state standards. He also stated the trucks will be legally mufflered, which
will eliminate excess noise.
Mr. Ruppenthal questioned what would be kept inside the building. Mr. Vandermar stated the building
will be used for night parking, a display room and the batch office.
Chairman Borsuk questioned if there would be outside storage. Mr. Vandermar stated sand and stone
would be stored outside.
Chairman Borsuk also questioned if the internal roadway would be paved. Mr. Vandermar stated it
would be paved over time.
Mr. Reschenberg questioned what the time frame would be for construction and operation of the plant.
Mr. Vandermar stated they anticipated having the plant in operation by July or August of 2001.
Mr. Timmerman questioned what the paving schedule would be. Mr. Vandermar stated the paving
should be complete within 1-2 years.
Mr. Ruppenthal questioned if they would be abandoning the downtown location. Mr. Vandermar stated
they would be taking the full operation out to 2851 Algoma Boulevard.
Plan Commission MinutesPage 5April 17, 2001
Motion by Timmerman for approval of a Conditional Use Permit for a concrete batch
plant be found consistent with Section 30-11 (D) of the Zoning Ordinance subject to the
following conditions:
1)The Driveway(s) from Algoma Boulevard to the plant be asphalt.
2)A parking plan be submitted for approval by the Department of Community
Development.
3)The plant meets all local and state regulations pertaining to noise and dust.
Seconded by Reschenberg. Motion carried 6-0.
V:REZONING 333 S. WASHBURN STREET
New Life Community Church, Inc., petitioner and owner, requests the Plan Commission to review and
approve the rezoning of property located at 333 S. Washburn Street from R-1 Single Family Residence
District to C-2 General Commercial District. This property is also located in the Highway 41 Corridor
Overlay.
John Buttke, owner of Van Vreede’s and the Carpet Gallery adjacent to the subject property, stated there
are a lot of trees on the subject property which take care of the water retention. He stated the creation of
a C-2 zoning district would create a lot more water vs. keeping the R-1 zoning district. Mr. Bluemke
explained that the Ordinance requires a drainage plan to be approved by the City before the property is
developed.
Mr. Buttke stated the church always had a water problem. Mr. Bluemke stated a requirement is in place
for water to be stored on site to ensure the runoff is at the present rate.
Douglas Berger, 260 Graceland Drive, questioned if there were any plans to extend Golden Avenue to
Graceland. Mr. Bluemke stated there were no plans at the present time and that the area in question was
private property.
Mr. Berger, stated he had also heard rumors of a potential sale, and questioned what would develop on
the site. He stated he had no problem with the C-2 zoning, however he opposed the C-2 zoning
extending to Graceland Drive.
Mr. Bluemke stated there were lots of possibilities of what could be developed on the site under C-2
zoning.
Kathy Seiberlich, 460 Graceland Drive, stated her property was adjacent to the subject property, and she
opposed the rezoning because she feared the vacant lot that abuts her property could be sold to extend a
road to Washburn Street which would result in a dangerous level of traffic. Mr. Bluemke stated that
there were no plans by the City to extend a street, and he added that a commercial driveway was not
allowed thru an R-1 lot.
Plan Commission MinutesPage 6April 17, 2001
Lynn Leichtfuss, 231 Greenfield Trail, stated she was the owner of the vacant lot and she was concerned
about what would happen to the property values in the area as she’s been approached by builders
interested in the property.
Jim and Jean Goggins, 660 Graceland Drive, stated their property also abuts the subject property and
they wouldn’t object if the church wanted to get a Conditional Use Permit, however, they objected to
rezoning of the property to C-2 because there was such a wide variety of uses than can go on the site
creating more noise and litter in the area, and that was not what they thought they were going to have to
deal with when they bought the property.
Chairman Borsuk questioned if Mr. Goggins would still object to the rezoning if a portion of the
property remained R-1 and the remainder was rezoned to C-2.
Lisa Wesenberg, 380 Graceland Drive, stated her property also abutted the subject site, and she intended
to ask the same question Chairman Borsuk had just raised, of only rezoning a portion of the property.
She stated she enjoys the trees and wildlife in the area and would oppose a total rezoning.
Attorney Russell Reff, 217 Ceape Avenue, representing New Life Community Church, stated the
property has a tremendous commercial value, and the church has received offers to purchase the
property, however, they felt it would be in their best interest to request a rezoning of the property to
commercial use at this time so their potential buyers would be assured it could be used commercially.
Attorney Reff stated a commercial district is appropriate for this property. He also stated to create
another zoning district in the rear of this property would create an unusable area. Attorney Reff stated
since this property is located in the Highway 41 Corridor, there are restrictions for the buffer between
residential property, setback requirements and the landscaping, which have been made to protect the
adjacent property owners.
Attorney Reff explained that there has not been any commitments made for the property at this time, and
a developer would need to see the site plan requirements before entering into a contract. However, he
stated the church has been approached, and the church is looking at developments that would
compliment the neighborhood. Attorney Reff also noted the City of Oshkosh’s Comprehensive Plan
projects the property as a commercial area. He stated this is frontage road property and should be zoned
commercial. He reiterated that the rear of the property would be undevelopable if left as a R-1 zoning
district.
Mr. Blassingame referred to the analysis section of the Staff Report which stated the church felt it was
time to consider planning a new facility since the buildings are approaching the end of their useful life,
and questioned if they planned to construct a new facility on the site. Attorney Reff stated they have not
decided if they will build a new facility on that property or elsewhere. Mr. Blassingame stated a new
church facility could be built on the western portion of the property and the eastern portion could be
rezoned for commercial use so the church could still realize a profit. Attorney Reff replied that the
church wouldn’t make a commitment of that nature at this time in the event it may hinder development
for the rest of the property, and lose them a great deal of money.
Mr. Bluemke explained that the issue in front of the Plan Commission at this time is purely zoning in
nature and a commercial district is appropriate for this area per the Comprehensive Plan that was
approved in 1993. He stated other issues can be addressed when site plans and drainage plans are
submitted for approval.
Plan Commission MinutesPage 7April 17, 2001
Mr. Ruppenthal questioned if the church would agree to have a Planned Development Overlay (PD)
applied to the zoning designation. Attorney Reff replied there wasn’t any commitment from a
development at this time, and he didn’t see a problem with a Planned Development Overlay, however,
he noted staff had reasons for not applying it to the proposal at this time.
Chairman Borsuk questioned if the church would agree to a condition for 120-foot rear yard setback
since the standard lot depth in Oshkosh is 120 feet, if the church wasn’t in favor of a split zoning.
Attorney Reff questioned who would be responsible for the maintenance of the property. Chairman
Borsuk stated the owner should retain responsibility of maintaining the property. Attorney Reff stated
they also considered offering the rear of the property to the adjacent property owners. Mr. Bluemke
stated the Commission needs to be careful of making a condition for a rezoning as they may not
withstand legal challenges.
Lisa Wesenberg, 380 Graceland Drive, asked for an explanation of a Planned Development Overlay. Mr.
Bluemke explained the flexibility a Planned Development Overlay would give to a developer and noted
that the Plan Commission and Common Council would also be required to review the plans for the
development.
Mr. Reschenberg disagreed with the church’s request for rezoning. He stated since there was no
knowledge of what would be developed there at this time it was hard for him to make a decision and he
could understand why it was difficult for the adjacent property owners to accept this rezoning. He felt
the church could build a new facility on the western portion of the property and still have the frontage
road available for development.
Mr. Bettes questioned staff as to the proper standards to follow for the review of changing zoning
districts. Mr. Bluemke stated the 1993 Comprehensive Plan should be followed. He noted that the plan
shows this property as being appropriate for commercial development. Mr. Bluemke also noted the
stringent restrictions required along the Highway 41 Corridor, as well as more development standards
that are in the current ordinance.
Mr. Bettes stated he opposed the rezoning. He stated the rezoning would be appropriate for the eastern
portion of the property, however, he felt it would be very detrimental to the adjacent property owners.
Mr. Blassingame stated he disagreed with the rezoning of the western portion of the property. He stated
if the church were to rebuild on the western portion he would support the rezoning, however, he felt with
all the types of permitted uses for the property the potential development was too vague at this time to
support.
Mr. Ruppenthal stated he felt the property was appropriate for C-2 zoning and it would be unreasonable
to ask the church to bring back a new plan. He stated that he felt an agreement could be reached by
applying a Planned Development Overlay to the C-2 Zoning District, as that would give the Plan
Commission and City Council control over what developed on the property.
Mr. Bluemke questioned what the neighbors would consider a reasonable zoning district in back of a C-
2 zoning district, and questioned if the adjacent property owners would agree that a multiple dwelling
district would be an appropriate buffer between a commercial district and a single family residence
district.
Plan Commission MinutesPage 8April 17, 2001
Chairman Borsuk stated he felt a Planned Development Overlay would cloud the issue at this point. He
stated he was uncomfortable with the church’s proposal and stated they need to have more definite
plans. Chairman Borsuk stated he felt commercial zoning was appropriate for a large portion of the
property, however with the transition area in question between the zoning districts he would not support
it with or without a Planned Development Overlay.
Motion by Ruppenthal for approval of the rezoning from R-1 Single Family Residence
District to C-2PD General Commercial District with a Planned Development Overlay.
Seconded by Timmerman. Motion denied 4-2. (Aye: Ruppenthal and Timmerman Nay:
Bettes, Blassingame, Reschenberg, and Borsuk.
Motion by Bettes for approval of the rezoning from R-1 Single Family Residence District to
C-2 General Commercial District. Motion denied 1-5. (Aye: Ruppenthal, Nay: Bettes,
Blassingame, Reschenberg, Timmerman, and Borsuk)
VI:PRELIMINARY PLAT – PARKVIEW HEIGHTS
Reinhard Roehlig, Petitioner for D & F Investments, owner, requests the Plan Commission to review
and approve a Preliminary Plat known as Parkview Heights for property generally located south of
Sunnyview Road and east of Jackson Street (USH 45).
Bob McKay, 80 Kope Avenue, stated he was worried about water problems in the area, and noted how
the situation got worse when the area lost power recently. He stated dumping has been done in the area
already and Kope Avenue is an impassable road for most vehicles, as dump trucks are up and down the
road all day, and he also noted how it was unsafe for the children in the area. He questioned if the road
should be maintained even though it is a private road. He also questioned what the adjacent property
owners would be assessed for easements and road improvements.
Mr. Bluemke replied that an agreement was made in which it is the owners’ responsibility to maintain
the road. He stated if it should become a public road it would need to meet City standards. He stated the
preliminary plat shows two points of ingress and egress for the public. He noted the City does not have
any jurisdiction to require the owner to fix the road.
Chairman Borsuk questioned the staff as to what could be done at this time about the water problems.
Mr. Bluemke stated if the preliminary plat is approved the City can work to ensure a drainage plan will
take care of the water problems resulting from the plat, and until then it is a civil matter.
Dawn Schultz, 150 Kope Avenue, stated her property was adjacent to the ingress and egress for
Winnebago County Park. She stated she was concerned about her privacy in conjunction to people
entering the park. She mentioned the “Country USA” festival as an example of her lack of privacy, and
with the development of Parkview Heights she is concerned she will lose her privacy year round. She
also questioned what restrictions were required between R-2 and R-3 zoning districts. Mrs. Schultz also
commented on the water problems and the dumping in the area.
Ed Chartier, 1402 Oak Street, stated that when there was over 5 acres of property involved the
Department of Natural Resources is required to get involved. He stated he has contacted them about the
water problem.
Plan Commission MinutesPage 9April 17, 2001
Joe Noll introduced himself along with Wayne Palmer, and Dwight Dietz representing Community
Church, 2351 Ryf Road. Mr. Noll stated the church has a tremendous water problem and haven’t been
able to use one fourth of their parking lot because of it. Mr. Noll passed around pictures showing the
water problem which he noted has gotten worse as more fill is being brought into the proposed
subdivision.
Tony Lang, Assistant Director of Public Works, stated the drainage plan is not approved. He stated he
doesn’t know the status of the fill being brought into the area, however, he stated the fill
wouldn’t comply with the drainage plan. Mr. Lang stated the City will have more leverage with the plat
once the drainage plan is approved.
Dennis Schwab, 601 Main Street, stated once the drainage plan is approved, it will take care of many of
the neighbors concerns. Mr. Schwab stated he bought Kope Road from Mr. Kope and totally revised it
after the purchase. Mr. Schwab stated Mr. Kope gave an easement to the neighbors to cross the land to
get to the park. He stated the fill being brought in will be leveled and the street will be upgraded. He
stated the subdivision is in the preliminary stages at this time.
Chairman Borsuk asked Mr. Schwab if there was anything that could be done at this time to alleviate
some of the problems with water and the road that the neighbors are experiencing. Mr. Schwab stated
the neighbors are dumping their own water into the area. Mr. Schwab also noted that gravel had been
brought in for the road a couple weeks ago and will be upgraded regularly.
Eric Schallhorn, 90 Kope Avenue, stated he was also concerned with the conditions of the road and the
water. He stated he has talked with the City recently about the drainage without receiving any
satisfaction. He stated he would like to see the final drainage plan before it is approved.
Rich Hamm, 100 Kope Avenue, questioned why they couldn’t gain access to Highway 45 from Kope
Avenue. Mr. Bluemke stated the previous plat, known as the 4-Seasons Subdivision had access to
Highway 45 thru lot 1. He explained the new plat has removed direct access to the highway because
they want to keep as many residential vehicles as they can from having direct access to a State Highway.
Mr. Schallhorn stated he likes the development, however, he would like to see the entire plan. Mr.
Bluemke explained the preliminary plat process and the need for a final drainage plan to be approved
before approval of the final plat is given.
Dwight Dietz questioned if any action could be taken at the present time or in the future to eliminate fill
being brought in before a preliminary plan is approved, causing drainage problems for the surrounding
area. Mr. Bluemke stated once a drainage plan is approved they can address the problem and the
neighbors will start to see positive results.
Rob Way, County Parks Director, stated he is facing the same water problems and he wants to be kept
informed of the progress. Discussion continued regarding the steps the County Park has taken to deal
with water problems.
Dawn Schultz, 150 Kope Avenue, stated she is not opposed to the development, but she is concerned
aboutthe access the subdivision will have to the County Park, and the current water problems.
Plan Commission MinutesPage 10April 17, 2001
Bob McKay, 80 Kope Avenue, stated he understood the land was previously ready for developing, and
questionedwhy another 5’ of fill was being brought in. Mr. Schwab stated the fill may be piled 5’ high
at this time, however, he stated it will be leveled off across 18 acres. He explained he wouldn’t be
raising the grade significantly.
Mr. Lang, Assistant Director of Public Works, informed the neighbors that there is a copy of the
drainage plan in the office in room 301 of City Hall, that is now being reviewed if anyone would like to
stop in and take a look at it
Motion by Blassingame for approval of the Preliminary Plat known as Parkview Heights
with the following conditions:
1) The developer be responsible for all capital improvement costs incurred by this
development.
2) Street name issues be resolved prior to submittal of the final plat.
3)The owner provide the City with all easements as required by the Department of Public
Works to install and maintain sewer and water utilities and implement storm water
drainage plans.
4)An access easement buffered from Kope Avenue residents by a 6’ wood fence be
provided on the south side of Lot 29 to screen pedestrian access to Winnebago County
Park, and that a covenant be placed on the face of the plat which stipulates that owners
of the property within the plat are responsible for maintaining the easement.
5)The right of way to connect proposed Jacktar Road with existing Jacktar Road be
dedicated prior to approval of the final plat.
6)The area reserved for street purposes south of the plat, which will connect the unnamed
east-west road within the plat to the private road to the south, be dedicated prior to
approval of the final plat.
7) The drainage plan be approved prior to submittal of the final plat.
Seconded by Ruppenthal.
Mr. Bettes stated he will support the project. He stated he understands the neighbors concerns
and a delay in the project will only make matters worse. Mr. Bettes stated that Mr. Schwab has
an excellent reputation, and is sure he will try and get the water problems taken care of. Mr.
Bettes also encouraged the neighbors to share their concerns with the City Council if the
problems persist. Mr. Reschenberg agreed with Mr. Bettes that Mr. Schwab was very reputable
and that he will see that problems are taken care of in the area.
Motion carried 6-0.
Mr. Bettes had to leave the meeting at this time.
Plan Commission MinutesPage 11April 17, 2001
VII:CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW 3105 S. WASHBURN
STREET
Evergreen Hospitality LLC, petitioner and, owner, requests the Plan Commission to review and approve
a conditional use permit/development plan for property generally located at 3105 S. Washburn Street.
The general area is characterized by commercial land uses and vacant land, with the subject property
zoned M-1 PD Light Industrial District with a Planned Development Overlay. The property is also
located in the Highway 41 Corridor Overlay.
Tom Shepeck, 1018 W. South Park Avenue, Developer representing Evergreen Hospitality, introduced
Brian Wogernese, with Hawthorne Suites, and Bob Hiesler, from LaSure’s.
Mr. Shepeck stated the plan needed a little fine-tuning to increase the size of banquet hall. He used the
map as displayed to show how the area has been enhanced. He stated they are also requesting a 0’ lot
line, and per the Highway 41 Corridor Overlay restrictions, they recommend and encourage 0’ lot lines
to enhance the appearance of the site. He stated a cross access agreement will be in effect between the
hotel and the banquet facility.
Mr. Shepeck stated they are also requesting a 5’ setback for the driveway on the south side only. He
stated the rest of the driveways are set back 15’. He sited examples of where a 5’ setback has been used
and noted how well it works out. He also noted the landscaping and buffering that will be done and how
it is over and above the requirements.
Mr. Shepeck stated he didn’t feel these requests were unreasonable and encouraged the Commission’s
approval.
Chairman Borsuk questioned when the wood building would be coming down. Mr. Wogernese stated
they are currently using the building for storage. Mr. Shepeck replied that they were planning to take the
building down after the landscaping was done.
Mr. Bluemke stated the sign posted to call for reservations should also come down immediately. He
stated the construction sign could stay, but the banner had to be removed.
Motion by Reschenberg for approval of the conditional use permit/development plan to
allow for an 11,000 square foot banquet hall with a 13 foot by 3.5 foot wall sign, and to
allow a 0 foot side yard setback only on the north side of the proposed new lot with the
following conditions:
1)A Certified Survey Map must be used to divide the land.
2)A cross access and cross parking agreement be approved by the City and recorded
with the Register of Deeds.
3)No additional driveways from public right of way to the subject lots be allowed
without being approved by the City.
4)State approval be obtained for all issues involved with constructing a building with
a 0-foot setback prior to seeking a building permit from the City.
Plan Commission MinutesPage 12April 17, 2001
5)Landscape plans for the property be changed to reflect the additional developed
area and parking.
6)No additional signs be allowed on the site unless the development plan is revised and
approved by City.
7)The 15 foot side yard set back on the south side of the proposed lot must be
maintained.
Seconded by Blassingame. Motion carried 5-0.
VIII:PUBLIC HEARING ON PROPOSED CREATION OF TAX INCREMENTAL
FINANCING DISTRICT # 16 100 BLOCK REDEVELOPMENT PROJECT:
DESIGNATION OF BOUNDARIES AND APPROVAL OF PROJECT PLAN
Prior to taking action on Tax Incremental District (TID) # 16 and the designation of boundaries for said
Tax Incremental Financing District, the Plan Commission is to hold a public hearing and take comments
concerning the proposed creation of the TID. This public hearing is required as part of the formal
process the city must follow in the creation of a TID.
Chairman Borsuk opened the public hearing portion of the meeting at this time.
Mr. Burich introduced the item outlining the uses and costs of a minimum 4-story structure proposed on
the 100 block of N. Main Street.
Mr. Ruppenthal questioned if the parking lot would be owned by the City. Mr. Burich replied the
parking on site will be owned by the developers, and the street parking will be made available for long-
term permit parking.
Chairman Borsuk closed the public hearing portion of the meeting at this time.
Motion by Ruppenthal for approval of the boundaries of TID #16 and the TID #16 Project
Plan. Seconded by Timmerman. Motion carried 5-0.
Chairman Borsuk stated he felt this would be a great development in downtown Oshkosh, and although
he hasn’t always supported the use of TIF Districts in the past, as he believes those taxes shouldn’t be
taken away from the school system, he is in support of this project and wished the developer’s much
success with their project.
IX:PROPOSED TEXT AMENDMENTS TO CHAPTER 30/ZONING AND SUBDIVISION
REGULATIONS
The Department of Community Development requests the Plan Commission to review and recommend
approval of text amendments to Chapter 30 of the Oshkosh Municipal Code. The proposed amendments
are suggested by the Department to clarify the code language that was changed when the Ordinance was
amended in 1999.
Plan Commission MinutesPage 13April 17, 2001
Mr. Bluemke introduced the item stating the amendment was needed to delete any height restrictions
incorrectly left in the Ordinance upon its last revision.
Motion by Ruppenthal for the approval of the amendments to Chapter 30 of the Oshkosh
Municipal Code. Seconded by Timmerman. Motion carried 5-0.
OTHER BUSINESS
I:910 W. MURDOCK AVENUE
Mr. Reschenberg brought to the attention of the Plan Commission the practices taking place at the
Oshkosh Truck Testing site at 910 W. Murdock Avenue of having too many trucks on site. He also
mentioned Main Street and Murdock Avenue were being used to have the trucks access the facility
rather than using Hwy. 110 and Hwy. 41 as proposed.
Discussion followed on the action taken on the CUP request by the Plan Commission and the Common
Council. Mr. Bluemke stated he will make a call to Oshkosh Truck regarding these issues.
There being no further business, the meeting adjourned at approximately 6:12 pm.
Respectfully submitted,
JOHN C. BLUEMKE
Principal Planner
JCB/vlr