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PLAN COMMISSION MINUTES
May 1, 2012
PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings,
Dennis McHugh, Robert Vajgrt, Karl Nollenberger
EXCUSED: Kathleen Propp, Donna Lohry
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Allen
Davis, Director of Community Development; Steve Gohde, Assistant Director of Public
Works; Deborah Foland, Recording Secretary
Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared
present.
The minutes of April 17, 2012 were approved as presented. (Vajgrt/Bowen)
I. ACCEPT LAND DONATION (LAND ACQUISITION) FOR RIVERWALK
DEVELOPMENT ALONG CITY CENTER HOTEL PROPERTY (1 NORTH MAIN
STREET)
City Administration is seeking approval to accept a land donation/acquisition of an approximate 270
foot segment (0.052 acres) of land along the City Center Hotel.
Mr. Buck presented the item and reviewed the site and surrounding area as well as the zoning and land
use in said area. He also reviewed the overall Riverwalk plans and the area proposed to be acquired.
Mr. Thoms questioned if the Wisconsin Department of Natural Resources (DNR) had restrictions on
the area to be acquired and developed.
Allen Davis, Director of Community Development, responded that the DNR required permits to be
obtained for these types of projects however all the necessary permits had already been acquired.
Motion by Vajgrt to approve the land donation (land acquisition) for Riverwalk development
along City Center Hotel property (1 North Main Street) as requested.
Seconded by Cummings. Motion carried 9-0.
II. PLANNED DEVELOPMENT AMENDMENT AND APPROVAL OF A CERTIFIED
SURVEY MAP (CSM) FOR PROPERTY LOCATED AT 905-1001 BAY SHORE DRIVE
The owner/petitioner is requesting the following actions:
a)Development Plan amendment for a previously approved Planned Development (PD) to allow
modification of property lines within the overall Planned Development.
b)Approval of a 3 lot certified survey map to modify the property lines per the requested
Development Plan amendment.
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Plan Commission Minutes 1 May 1, 2012
Mr. Burich presented the item and reviewed the site and surrounding area as well as the zoning and
land use in said area. He explained that the planned development was approved in 1999 and 2002 and
reviewed the planned development as it currently exists. He explained the proposed amendment to
move the property lines of the existing parcels and noted that the additional multi-family units that
were on the original plans have never been developed. The existing boathouse would be moved onto
the single-family lot with this amendment and he reviewed the conditions recommended for this
request. He also stated that the petitioner submitted a new parking plan as they have determined that
the additional parking was not necessary which would eliminate condition #4 relating to the access and
parking easements for the shared parking area by lots 2 and 3.
Mr. Thoms inquired where the access for lot 2 would be located.
Mr. Burich displayed on the certified survey map the access location which would be on Bay Shore
Drive.
Mark Radl, 14 Bowen Street, stated that his property was adjacent to the subject site and that the area
experienced flooding issues easily and voiced his concerns with the driveway being constructed on
Bay Shore Drive to access lot 2. He further stated that his sump pump runs continually now and the
natural elevation of the property drains to his yard. He questioned if there was some way of creating a
clay berm to prevent any new construction on lot 2 from flooding his property or why the new access
to lot 2 could not be constructed on the other lot that is already paved.
Tom McDermott, representing the property owners Trident Properties, stated that when the planned
development was approved in 2002, one of the conditions for the development was that any driveway
constructed on this lot would be designed not to drain onto the properties on Bowen Street. This
condition would still apply to the amended planned development. He further stated that an access
easement to the boathouse also exists in the original planned development approval.
Mr. Thoms questioned how large lot 2 would be and if it is big enough for the city’s drainage
ordinance to address this issue.
Steve Gohde, Assistant Director of Public Works, stated that the lot was 1.71 acres and the developer
would have to cover more than 50% of the lot with impervious surface to trigger the city’s storm water
management ordinance requirements.
Mr. Thoms then asked to clarify that the water drainage from this site will not interfere with the homes
on Bowen Street.
Mr. Burich indicated that the conditions from the original planned development address this situation
and any development of the site would require the grading to be directed to drain toward the natural
bay to the west of the site.
Mr. Buck added that any development cannot discharge drainage from their site onto other adjacent
properties.
Mr. Hinz questioned if any new development on the site would have to come back through the Plan
Commission and Common Council for approval.
Mr. Burich replied that any single-family development would not require further approval however any
other development on the site would require additional planned development approval.
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Plan Commission Minutes 2 May 1, 2012
Mr. Cummings commented that the channel to the boathouse usually floods in heavy rain events and
questioned if this makes the single-family lot unbuildable.
Mr. Burich responded that development cannot be placed in the flood way but can be built in the flood
plain. This would make the lot buildable however he was not sure how marketable it would be due to
its restrictions.
Motion by Nollenberger to approve the development plan amendment and certified survey map
for property located at 905-1001 Bay Shore Drive with the following conditions which includes
the removal of condition #4 relating to access and parking easements:
1)An amendment to the condominium declaration and an addendum to the Condominium Plat
are recorded in conjunction with the proposed CSM.
2)Base Standard Modification for:
a.Zero foot setback for existing parking lot area between proposed lots 1, 2 and 3.
b.Three foot setback for refuse enclosure between proposed lots 1 and 2.
c.When the parking lots or dumpster enclosure are reconstructed, compliance with the
City of Oshkosh Zoning Ordinance is required.
3)Allow the boathouse/storage building as an accessory use to future development of the
single family use on proposed Lot 2 with no other non accessory use of the lot permitted.
4)Lot 2 can only be used for one single family unit structure.
5)Prior to the City signing the CSM, city staff verifies that all previous conditions of the
Planned Development have been fulfilled.
Seconded by Borsuk. Motion carried 9-0.
III. DEVELOPMENT PLAN AMENDMENT FOR NEW DIGITAL SIGNAGE AT 3155-
3365 SOUTH WASHBURN STREET
The applicant is requesting an amendment to the Planned Development District and a base standard
modification to the signage code to allow the installation of a digital electronic message center/video
board at 3365 South Washburn Street, the southern property included in the 5 lot/30 acre Bergstrom
Import Super Center Automobile Sales Complex.
Mr. Burich presented the item and reviewed the site and surrounding area as well as the zoning and
land use in said area. He reviewed the multiple dealerships on the site as well as the digital signage
proposed. He stated that the proposed digital sign exceeded the amount of allowable square footage
for a single development however since there are six individual dealerships on the five parcels, if
considered as a single entity, the base standard modification would be minimal. He also reviewed
examples of what the site could look like if each dealership had its own individual signage. He
reviewed the existing sign inventory and the two signs that would be removed with the addition of the
new digital sign and the conditions placed on this request.
John Hogerty, general counsel for Bergstroms, stated that the proposed digital sign was a necessary
component to the auto mall and was present to answer any questions the Commission may have.
There was no discussion on this item.
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Plan Commission Minutes 3 May 1, 2012
Motion by Vajgrt to approve the development plan amendment for new digital signage at 3155-
3365 South Washburn Street with the following conditions:
1)Base standard modification to allow the proposed electronic message center/digital video
board to be 1,164 square feet in area (both sides).
2)Deed restriction not permitting any additional electronic message centers on the properties
comprising the Bergstrom Import Super Center.
3)No off-site display of messages, except community service/emergency announcements.
Seconded by Cummings. Motion carried 9-0.
There being no further business, the meeting adjourned at approximately 4:29 pm. (Vajgrt/Borsuk)
Respectfully submitted,
Darryn Burich
Director of Planning Services
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Plan Commission Minutes 4 May 1, 2012