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Plan Commission Minutes 1 June 20, 2017
PLAN COMMISSION MINUTES
June 20, 2017
PRESENT: David Borsuk, Thomas Fojtik, John Hinz, Steve Cummings, Kathleen Propp, John
Kiefer, Michael Ford
EXCUSED: Ed Bowen, Jeffrey Thoms, Robert Vajgrt
STAFF: Darryn Burich, Director of Planning Services; Brian Slusarek, Assistant Planner;
James Rabe, 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 June 6, 2017 were approved as presented. (Hinz/Borsuk)
I. ACCEPT SIDEWALK & TRAFFIC SIGNAL EASEMENT AT 606 EAST MURDOCK
AVENUE
The City of Oshkosh is requesting acceptance of a sidewalk, traffic signal/base/pole, and conduit
easement for installation of sidewalk, traffic signals, and related equipment.
Mr. Slusarek presented the item and reviewed the site and surrounding area and discussed the
current land use of the property which is industrial. He reviewed the site plan for the proposed
easement and discussed the reason for the request and the dimensions of the easement area.
There was no discussion on this item.
Motion by Propp to approve acceptance of an easement for property located at 606 E. Murdock
Avenue.
Seconded by Borsuk. Motion carried 7-0.
II. ACCESS CONTROL VARIANCE TO ALLOW REDUCED SPACING OF DRIVEWAYS
AT 2500 BLOCK HARRISON STREET
The petitioner is requesting an access control variance to permit a 77 foot separation between
driveways, where municipal code requires a 125 foot separation.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the area
proposed for the driveway placement. He reviewed the site plan and discussed the separation
requirements for driveway accesses and the reason for the variance request. He also discussed the
use of the site for a personal storage facility which will have minimal traffic volume and the
existing utility pole that would need to be removed for the driveway to meet the minimum
separation requirements of the zoning ordinance for placement without granting a variance.
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Plan Commission Minutes 2 June 20, 2017
There was no discussion on this item.
Motion by Borsuk to approve an access control variance to allow reduced spacing of driveways for
property located at the 2500 block of Harrison Street.
Seconded by Kiefer. Motion carried 7-0.
III. APPROVAL OF A GENERAL DEVELOPMENT PLAN FOR A MULTI-TENANT
RETAIL/OFFICE USE LOCATED ON THE 1000 BLOCK OF N. WASHBURN STREET
The applicant requests approval of a General Development Plan for the construction of a multi-
tenant retail/office use located on the 1000 block of N. Washburn Street.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. He discussed the proposal for the construction of three
commercial structures on the subject site which is consistent with the City’s Comprehensive Plan
and is a permitted use in the underlying zoning district and meets the requirements of the planned
development overlay. The project is proposed to be constructed in two phases and would be
utilized for retail and commercial uses. He discussed the entrances, parking area, and access
drives for the development and reviewed the conceptual site plan. He also discussed the internal
circulation and pedestrian accesses as well as the number of parking stalls which will exceed the
maximum number of stalls allowed by code. He reviewed the ground signage proposed for the
site, the conceptual landscape plan, and the landscape islands in the parking lot that do not meet
code requirements. He stated that final plans for all aspects of the development would be
reviewed at the time of the specific implementation plan submittal. He discussed the storm water
management plans which would require approval by the Department of Public Works during the
site plan review process. Building elevations have not yet been submitted but would require
approval when the specific implementation plan is reviewed. He also reviewed the conditions
recommended for this request.
Ms. Propp stated that the number of parking stalls seems excessive as it is more than twice the
amount permitted by the zoning ordinance.
Mr. Burich stated that Ed Bowen was the petitioner for the request and has not yet arrived but he
would be able to address this concern. He further stated that it may be due to the fact that they are
confined to particular footprints for the placement of the structures related to the other developed
sites adjacent to this parcel and this development would still require approval of site details at the
time of the specific implementation plan submittal.
Mr. Borsuk questioned if the building designs would come back for review at the time of the
specific implementation plan approval.
Mr. Burich responded affirmatively and stated that this item was a general development plan only
and the process is meant to identify concerns that may be noted so the petitioner would have
adequate time to address these issues prior to the submittal of the Specific Implementation Plan.
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Plan Commission Minutes 3 June 20, 2017
Mr. Borsuk stated that he had concerns regarding the appearance of the structures from both
Highway 41 and N. Washburn Street and that the petitioner should be aware that the Commission
had higher expectations of what the elevations should look like from the street in this heavily
traveled area.
Mr. Burich discussed other developments in this vicinity that had similar concerns when
constructed.
Mr. Borsuk discussed that this parcel is within the Highway 41 corridor and the structures would
be facing the street side and therefore should require something more extensive than usual for
aesthetic purposes. He also questioned if with the development of a banking facility on the site if a
traffic study had been completed to address concerns with stacking issues.
Mr. Burich responded that the stacking for the bank facility would come back into the site within
the drive aisles contained on the parcel and should meet code requirements without the necessity
of the completion of a traffic study.
Mr. Cummings commented that the parking seems excessive due to the size of the stores as some
of the uses may be office and not retail uses. He thought that the parking layout may be related to
the fact that some of the site may contain contaminated soils due to its prior use.
Mr. Burich indicated that the developer will have to move forward with the Wisconsin
Department of Natural Resources regarding any site contamination and storm water management
concerns related to this development.
Mr. Cummings questioned what the timeline was for the development.
Mr. Burich responded that the petitioner is moving forward with the general development plan to
initiate the project and the Specific Implementation Plan may be coming forward as soon as
possible most likely in the next few months. He further stated that the parking concerns will need
to be addressed prior to the final plans coming forward.
Ms. Propp again questioned the need for the excessive amount of parking on the site.
Ed Bowen, 601 Oregon Street, petitioner for the request, stated that this was the general
development plan only and is just the initial idea for the site. He discussed the parking issues with
both his partners in the development and city staff and the number of parking stalls will most
likely be reduced prior to the submission of the Specific Implementation Plan. He felt that they
would be open to conditions to alter the number of parking stalls and that the nature of the site is
unusual and is restricted as to what can be placed on the site and where it can be located in
relation to the number of buildings constructed, the amount of building square footage and
position. He stated that he understood the need to meet the parking thresholds as well as the need
to design the site to meet with these other criteria such as the square footage that is dictated for the
size of the structures in agreement with previous development components.
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Plan Commission Minutes 4 June 20, 2017
Mr. Burich indicated that the Commission was not approving a conditional use permit for the
number of parking stalls allowed at this time which would be required as currently submitted and
that the petitioner will need to find ways to reduce the number of stalls and provide more green
space on the site.
Mr. Cummings discussed the possibility of the use of the property as a landfill in the past and the
ramifications of this previous use.
Mr. Bowen discussed what may have been buried on the site previously and that they have
performed the digging of test pits for composition verification and have completed soil borings to
confirm if contamination exists on the property. From the results of the tests thus far, it does not
appear that the site is contaminated however some locations are appropriate for parking lot
purposes but not for the construction of buildings. He further discussed the cleanup of the site
and the further research to be performed to verify the condition of the property.
Mr. Cummings questioned what the timeline was for this development.
Mr. Bowen responded that the southeast structure is already in the stage of at lease and the
northwest building is also at lease for a potential user and that they would need to be in the
ground by this summer for site preparation. He does not yet have a timeline for Phase II of the
development however he is looking at late this year and early next year for the first phase and
possibly Phase II at the end of next summer and occupancy in the following year.
Mr. Borsuk discussed how the development is going to be viewed from N. Washburn Street and
Highway 41 in relation to architectural detail and landscaping as this was a highly visible area and
aesthetics for this site was of great importance to the community.
Mr. Bowen discussed the development of Dick’s Sporting Goods and Petsmart which are big box
stores that have designated building design plans and that the tenants for this development would
be small users that have less leverage on building elevation requirements. He further discussed
the new zoning ordinance requirements that remove some of the choice for architectural design as
there are more components that are required to meet code standards and fewer choices to be made
regarding this issue. He assured the Commission that full building elevations would be provided
at the time of the specific implementation plan submittal.
Ms. Propp commented that she looked at the Washburn Street side of the Dick’s Sporting Goods
development and is not impressed by its appearance as they met the required standards only and
she was hoping that this development would be more aesthetically pleasing.
Mr. Bowen continued discussion regarding the big box store requirements for their building
construction due to its layout and company design and the reasons for these requirements.
Mr. Fojtik questioned if the other buildings in this vicinity block the view of this development from
the street.
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Plan Commission Minutes 5 June 20, 2017
Mr. Bowen responded that the view from the Panera Bread development may block the view of
this development however the site will be highly visible at this location.
Mr. Borsuk stated that the city is told that development is confined to certain designs by big box
store requirements and discussed the issue that they can alter these designs in other communities
if required by code standards. He felt that staff should reach out to the trade associations on how
to deal with this situation as national chains have multiple designs for their stores that can be
utilized and he felt that legitimate requests for architectural design can be made of these types of
developments.
Mr. Burich discussed different communities and different requirements for building standards in
all areas and that the city has the ability to add conditions to address these concerns regarding
aesthetics however some developments may move to another community if the requirements in
this area are too restrictive compared to other locations.
Mr. Cummings agreed with Mr. Borsuk regarding the national chains having the ability to
improve the aesthetic qualities of their developments if required and that the recent CVS
development is not impressive for such a highly visible location. He further discussed other issues
relating to big box developments such as the changes in retail use, issues with challenging
assessments of their property, and the large asphalt parking lots that are left behind when the store
closes.
Mr. Burich continued discussion on this issue and the importance of wanting quality
developments in the community however that there are also some developments that may walk
away from building in this city if aesthetic requirements are overly prescriptive as they will move
to another community in the vicinity and the community has to be prepared to accept that.
Mr. Hinz commented that there is a lot of open space between these buildings which could
provide area for additional trees to be planted between the buildings and the street to improve the
aesthetics of the site.
Motion by Borsuk to approve a general development plan for a multi-tenant retail/office use located
on the 1000 block of N. Washburn Street with the following conditions:
1) Formal pedestrian access separate and distinct from the vehicle drive lanes be provided connecting
the pedestrian crossings at the internal roadway intersection through the subject development to the
public sidewalk on N Washburn Street.
2) A Conditional Use Permit be granted to permit the parking facilities to exceed 125% of the
development’s minimum number of required parking spaces in conjunction with Specific
Implementation Plan review process.
3) Proposed internal parking lot landscape islands meet code requirements upon Specific
Implementation Plan review process.
Seconded by Hinz. Motion carried 7-0.
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Plan Commission Minutes 6 June 20, 2017
IV. THIS ITEM WAS WITHDRAWN FROM THE AGENDA
V. PUBLIC HEARING ON PROPOSED CREATION OF TAX INCREMENT FINANCING
DISTRICT NO. 33 LAMICO REDEVELOPMENT; DESIGNATION OF BOUNDARIES
AND APPROVAL OF PROJECT PLAN
Tax Incremental District No. 33 (the “TID” or “District”) is a proposed 5.5 acre blighted area
district located on the former Lamico property at 474 Marion Road. Creation of the District is
intended to assist with the removal of existing blighted and functionally obsolete structures,
environmental remediation, and other site preparation costs to allow for construction of a 140 unit
multi-family residential complex oriented towards university student centric housing.
Proposed TID No. 33 is encompassed by TIDs Nos. 13 and 21 (partial overlay of 13) and is the last
vacant former manufacturing parcel remaining in this historic industrial district outside of the
active Mercury Marine property. The City created TID No. 13 to facilitate redevelopment of the
Marion Road/Pearl Avenue area and conducted all the land acquisition, relocation, site clearance
and preparation, environmental remediation, and infrastructure development in the surrounding
area. TID No. 33 represents a departure from the City’s historical development involvement in
this area because the developer is conducting all the acquisition, clearance, remediation, etc. at the
site to facilitate redevelopment.
The City anticipates making total Project Cost expenditures of approximately $3.9 million to
facilitate redevelopment within the District. This total is comprised of approximately $3.3 million
in potential “pay as you go” development incentives towards the $18 million project. Hard
construction costs for the multiple family development are estimated at approximately $11
million. The Project Plan also identifies costs for public utilities and cul-de-sac construction at the
ends of both Dawes Street and Riverway Drive as well as pedestrian trail connections through
and outside the District to connect with the riverwalk trail to the south.
Mr. Burich presented the item and reviewed the site and surrounding area as well as the land use,
zoning classifications, and the boundaries of the TID district. He also reviewed the map depicting
the other previous TID districts in this area and discussed improvements included in the TID
project plan. He discussed the increment associated values to be offset and reviewed the parcel
identification map of the area included in the TID boundaries. He also reviewed a map depicting
the proposed improvements included with the development of the site that will result from the
creation of the TID district and a map depicting the current conditions on the site. He discussed
the detailed list of project costs and the cash flow projections and stated that the TID could be
closed in 2029 or 2030 which would be earlier than some of the other TID districts created in the
past. He reviewed the Internal Rate of Return which would be 4.43% without the TIF and 10.95%
with TIF assistance.
Mr. Borsuk questioned if in the development agreement there would be a minimal value
established for the property.
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Plan Commission Minutes 7 June 20, 2017
Mr. Burich responded that the approximate land and improvements value would be $15.2 million.
Mr. Borsuk then questioned if there would be any guarantee that this value will not be reduced.
Mr, Burich replied that with “pay as you go” development incentives. there is no minimum
assessed value established and public improvement costs may affect this value. These issues will
be addressed with the developer’s agreement,
Mr. Borsuk also questioned where the next water tower property would be located.
James Rabe, Director of Public Works, stated that the future water tower property would be
located at the northeast corner of the site and displayed on the map the area. He explained that
there will be a land swap for future area for rebuilding of the water tower in approximately 75
years and that the developer will be acquiring the site where the current water tower is located
and the land swap will provide area for the future tower when needed. He indicated that this
land exchange is currently being coordinated between the city and the contractor.
Motion by Borsuk to approve the creation of Tax Increment Financing District No. 33 Lamico
Redevelopment, designation of boundaries and approval of the project plan.
Seconded by Kiefer. Motion carried 7-0.
There being no further business, the meeting adjourned at approximately 4:50 pm. (Hinz/Propp)
Respectfully submitted,
Darryn Burich
Director of Planning Services