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Plan Commission Minutes 1 August 5, 2014
PLAN COMMISSION MINUTES
August 5, 2014
PRESENT: David Borsuk, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen
Propp, Gary Gray, Donna Lohry, Robert Vajgrt
EXCUSED: Ed Bowen, Karl Nollenberger
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey
Nau, Associate Planner; 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 July 15, 2014 were approved with a correction requested by Mr. Gray under the
Director’s Report section-the zoning ordinance update status. He requested that his comment that “he
was concerned with the zoning ordinance code revision” be revised to “that staff may not have
adequate time to compose and discuss it”. The minutes were approved with the noted correction.
(Propp/Borsuk)
I. ACCEPT EASEMENTS AT 240/250 & 257 W. 9TH AVENUE
The Department of Public Works is requesting acceptance of two sidewalk easements located on
property at 240/250 W. 9th Avenue and 257 W. 9th Avenue.
Mr. Nau presented the item and reviewed the sites and surrounding area and described the purpose for
this request which is in conjunction with the Safe Routes to School Program. He further stated that the
Department of Public Works will work with the property owners to have appropriate easement
documents signed and recorded at the Winnebago County Register of Deeds.
Mr. Gray inquired if the City obtained approval from the property owners for the easement location.
Steve Gohde, Assistant Director of Public Works, responded that they have contacted the property
owners in advance of this action moving forward and both parties were agreeable to it.
Mr. Gray then questioned what would happen if the property owner would refuse.
Mr. Gohde replied that the City would not be going forward with the easement request if the property
owner was not agreeable to it.
Mr. Gray also inquired how the vision triangle would apply to the placement of the speed-displaying
signs.
Mr. Gohde indicated that the proposed signs were not wide enough to cause any vision issues.
Mr. Hinz arrived at 4:10 pm.
Motion by Vajgrt to approve the acceptance of easements at 240/250 & 257 W. 9th Avenue.
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Plan Commission Minutes 2 August 5, 2014
Seconded by Cummings. Motion carried 8-0-1. (Hinz abstained as he was not present for the
discussion on this item.)
II. ACCEPT EASEMENT AT 731 W. SOUTH PARK AVENUE
The Department of Public Works is requesting acceptance of an easement located on property at 731
W. South Park Avenue.
Mr. Nau presented the item and reviewed the site and surrounding area and explained the purpose of
the easement request which is also in conjunction with the Safe Routes to School Program. He further
stated that the Department of Public Works will work with the property owner to have appropriate
easement documents signed and recorded at the Winnebago County Register of Deeds.
There was no discussion on this item.
Motion by Vajgrt to approve the acceptance of an easement at 731 W. South Park Avenue.
Seconded by Cummings. Motion carried 9-0.
III. GRANT AND ACCEPT STORM SEWER EASEMENT FOR PROPERTY LOCATED
EAST OF 663 WEST 3RD AVENUE
The City of Oshkosh requests the granting and acceptance of a storm sewer easement to allow future
maintenance of a storm sewer and inlet at property located east of 663 West 3rd Avenue.
Mr. Buck presented the item and reviewed the site and surrounding area and discussed the land
exchange that was approved recently between the City and University of Wisconsin-Oshkosh. He also
discussed the improvements to the site that the City was required to install prior to the land disposition
to the University which initiated the need for the storm sewer connection to handle the collection of
associated runoff from the site. He also discussed the cross-access over the lot which was required due
to the installation of fencing on the property. As with the last two items, the Department of Public
Works and City Attorney will draft appropriate easement documents to be signed and recorded at the
Winnebago County Register of Deeds.
There was no discussion on this item.
Motion by Vajgrt to grant and accept a storm sewer easement for property located east of 663
W. 3rd Avenue.
Seconded by Lohry. Motion carried 9-0.
IV. ACCESS CONTROL VARIANCE TO PERMIT FIVE DRIVEWAY OPENINGS AND
REDUCED SEPARATION FOR PROPERTY LOCATED AT 3450-3550 NORTH MAIN
STREET
The petitioner is requesting an Access Control Variance to permit five driveway openings with
substandard driveway separation between two new driveways for property located at 3450-3550 North
Main Street.
Mr. Buck presented the item and reviewed the site and surrounding area and explained the ordinance
provisions relating to the Access Control Ordinance and the criteria that is necessary for the Plan
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Plan Commission Minutes 3 August 5, 2014
Commission to authorize a variance to the ordinance. He reviewed the existing conditions on the
subject site and the planned development of a building addition which was initiating the
reconfiguration of the existing parking lots. He reviewed the site plan depicting the additional
driveways to be added to the three properties and discussed the reduced separation between the
proposed driveway accesses. He noted that the applicant is requesting the additional driveways in an
effort to separate the employee, visitor, and truck traffic on the sites and described the reconfiguration
of the parking areas in further detail. Staff felt that the additional driveways are justified and should
not be a safety issue as the sites are located in the North Industrial Park and reviewed the condition
recommended for this request.
Mr. Thoms stated that he did not understand the need to separate all the drive accesses for particular
parking purposes other than the separate drive access for truck traffic. He felt that some of the drive
accesses could be combined for employees and visitor parking which could alleviate the need for a
variance to the Access Control Ordinance. He described how to reconfigure the parking lots to
combine some of the parking areas which he felt would also provide more access to the street.
Mr. Buck indicated that the applicant desired the variance to allow the additional drive accesses to
separate the employee and visitor parking areas.
Ms. Lohry stated that she agreed with Mr. Thoms and that she had concerns with the large driveway
directly across the street from proposed driveway #3 on the site plan.
Mr. Buck responded that the driveway across Main Street was a secondary driveway for that business.
Mr. Cummings questioned if the businesses on the sites were operating 24 hours a day.
Mr. Buck responded affirmatively.
Mr. Cummings commented that it was more convenient for visitors to have a separate parking area
away from the employee parking lot particularly during shift change hours.
Mr. Thoms inquired if the Fire Department had reviewed this proposal and possibly may want a
straight access to the building if they were required to provide services on the site.
Mr. Buck replied that the Fire Department had reviewed this configuration as proposed and had no
concerns with it however it would require another review for their opinion if the proposed plan was
altered at this point.
Mr. Gray stated that it appeared there were possibly wetlands on the south side of the parking lot and
questioned if this was a new lot.
Mr. Buck responded affirmatively.
Mr. Gray then questioned if the existing parking lot would remain in its current location.
Mr. Buck again responded affirmatively.
Mr. Gray stated that he was not convinced that the employees needed a separate entrance for parking
and that the trucks could use the same drive access as the employees.
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Plan Commission Minutes 4 August 5, 2014
Ms. Lohry questioned who the property owner was on the site directly across from driveway access #3
on N. Main Street.
Mr. Buck replied that he believed it was Crown Cork and Seal.
Ms. Lohry inquired if the City had any information regarding the traffic counts on Crown Cork and
Seal’s driveway.
Mr. Buck responded negatively.
Mark Boehlke of Hoffman Planning, Design and Construction, Inc., 122 E. College Avenue, Appleton,
stated that the Oshkosh Fire Department has reviewed the proposed plan and found it acceptable as far
as fire protection purposes and it was also reviewed by both Bemis and Perfecseal who felt this was the
safest layout for traffic patterns at their businesses. He further stated that N. Main Street was able to
accommodate the traffic as the area was developed as an industrial park and that the drive proposed
exclusively for truck traffic was a necessity and the proposed layout limits conflicts both in the lot and
on the street. Mr. Boehlke also indicated that there would be signage placed on the site directing
people to the appropriate parking lot.
Mr. Thoms questioned the necessity of driveways #2 and #3 as signage could still be placed on the site
directing traffic to the appropriate parking lot and the visitors and employee parking lots could be
combined and eliminate the need for the additional driveway. He further explained his concept of
connecting the parking lots and stated that visitors do not usually come to the site at shift change times
and he felt the proposed layout could create more traffic issues.
Mr. Boehlke responded that this configuration would result in all the employee traffic going along the
front of the site through the visitor parking area where people are entering and exiting which could
create safety issues and N. Main Street is designed to accommodate heavier traffic. He also stated that
the property owner felt it was more aesthetically pleasing to maintain some green space in front of
their building.
Mr. Cummings commented that he has been a visitor to this site on numerous occasions and it would
be more convenient not to have to deal with the employee traffic.
Ms. Propp commented that this street was developed with the intention of it being an industrial area
and there is very little traffic on it other than what is generated from the businesses located there and
she would support the variance request.
Motion by Vajgrt to approve an access control variance to permit five driveway openings and
reduced separation for property located at 3450-3550 N. Main Street with the following
condition:
1) The gate separating the employee parking lot and the truck driveway remained closed except in
emergency situations.
Seconded by Cummings.
Mr. Thoms commented that Bemis apparently cares more about the visitors to their site than their
employees and he does not have an issue with approving the variance request and his suggestions to
reconfigure the layout to eliminate the additional driveway he felt would ease the traffic flow.
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Plan Commission Minutes 5 August 5, 2014
Motion by Gray to drop the condition recommended for this request as he felt it was not
necessary.
Mr. Borsuk questioned if the condition recommended for this request was agreeable to the property
owner.
Mr. Buck responded affirmatively.
There was no second on the motion to remove the condition.
Motion carried 9-0 with the recommended condition.
V. BOSCHWITZ I ANNEXATION
The petitioner is proposing direct annexation (by unanimous approval) of approximately 2.728 acres of
land currently located in the Town of Oshkosh.
Mr. Nau presented the item and reviewed the site and surrounding area which currently has a zoning
designation of M-1 Light Industrial District in the Town of Oshkosh and is used for agricultural
purposes. He reviewed the boundaries of the Northwest Industrial Park and stated that the City had
purchased this land with the intention of the industrial park eventually expanding. FedEx is currently
looking to expand its business which is initiating the need for the annexation request which will also
include a portion of the officially mapped Progress Drive. The Department of Public Works has
reviewed this request and has indicated that City sanitary sewer and water main extensions would not
be required as FedEx already obtains its services off W. Fernau Avenue and that the Fire and Police
Departments have also reviewed the request and do not have any concerns with providing services to
this area. He further stated that the proposed land use was consistent with the City’s Comprehensive
Plan.
Mr. Thoms asked to clarify that the annexation was proposed for the expansion of the FedEx
development and future road construction.
Mr. Nau responded affirmatively.
Mr. Cummings questioned if the structure to the east of this site was Shallbetters.
Mr. Burich responded affirmatively.
Mr. Gray inquired if the City has a boundary agreement with the Town of Oshkosh.
Mr. Nau responded negatively.
Mr. Borsuk questioned if there was any condition to combine the two properties once the annexation is
complete or if a condition should be added to this request.
Mr. Nau indicated that there was not a necessity to add this as a condition for the annexation request as
it would be addressed during the Site Plan Review Committee process.
Motion by Vajgrt to approve the Boschwitz I Annexation from the Town of Oshkosh.
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Plan Commission Minutes 6 August 5, 2014
Seconded by Borsuk. Motion carried 9-0.
There being no further business, the meeting adjourned at approximately 4:40 pm. (Vajgrt/Cummings)
Respectfully submitted,
Darryn Burich
Director of Planning Services