HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES
May 1,2018
PRESENT: Ed Bowen, Steve Cummings, Thomas Fojtik,John Hinz, Andrew Mott, Thomas
Perry, Kathleen Propp, Robert Vajgrt
EXCUSED: David Borsuk, Michael Ford,John Kiefer
STAFF: Darryn Burich, Planning Director;Mark Lyons, Principal Planner; Steve Gohde,
Assistant Director of Public Works;Jeff Nau, Associate Planner;Brian Slusarek,
Assistant Planner; Steven Wiley, Assistant Planner; Mina Kuss, 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 17,2018 were approved as presented. (Hinz/Mott,Vajgrt Abstain)
I. ACCEPT SIDEWALK,TRAFFIC SIGNAL,& SIGNAGE EASEMENTS ON SOUTH
MAIN STREET AT 14TH AVENUE, SOUTH PARK AVENUE, &11TH AVENUE
The applicant is requesting acceptance of easements for sidewalks, traffic signals, and signage on
South Main Street at the corners of 14th Avenue, South Park Avenue, and 11th Avenue.
Mr. Slusarek presented and reviewed the site and surrounding area. The subject sites include
South Main Street intersections at 141h Avenue, South Park Avenue, and 111h Avenue. The
easement at the corner of 141h Avenue will be 7.5' X 7.5' and located at the northeast corner of the
intersection. The easement at the corner of South Park Avenue will be 15' X 15' and located at the
northeast corner of the intersection. The easement at the corner of 11th Avenue will be 15' X 15'
and located at the southwest corner of the intersection. At those locations the City plans to install
ADA compliant sidewalk, public traffic control poles, signals, wiring, appurtenances and related
public sidewalk necessary to access and utilize any traffic control features that may be located on
the traffic control poles. The Department of Public Works does not have concerns with the
proposal.
Mr. Bowen arrived at 4:03 pm.
Mr. Hinz questioned why there was only one easement on 14th Avenue due to the Pioneer
property. He also asked about looking into future signals and easements for the intersection of all
four corners instead of the current proposed single easement.
Mr. Burich replied that this would be a question for Public Works.
Mr. Gohde arrived at 4:05 pm.
Plan Commission Minutes 1 May 1,2018
Mr. Hinz repeated his last statement for Mr. Gohde.
Mr. Gohde responded that Public Works is not doing a full reconstruct of the intersection so the
easements have not been considered. The likelihood of a signal is very small due to the proximity
of South Park.
Mr. Hinz inquired more about the intersection of 14th Avenue and 6th Avenue because those are the
main entry and exit points if the Pioneer property could develop in the future.
Mr. Gohde stated that the grand plan would be to have 91h Avenue extend to Pioneer Drive. This
would make 9th Avenue the main entry and exit point.
Motion by Uajgrt to approve acceptance of easements for sidewalks, traffic signals, and signage on South
Main Street at the corners of 14th Avenue, South Park Avenue, and 11th Avenue.
Seconded by Hinz. Motion carried 8-0.
II. EXTRATERRITORIAL FINAL PLAT FOR SANDHILL FARMS 2 LOCATED IN THE
TOWN OF OMRO
The petitioner is requesting approval of an 82 lot plus 3 outlot extraterritorial final plat in the Town
of Omro.
Mr. Nau presented the item and reviewed the site and surrounding area. The property is located
in a developing residential area approximately three miles west of the Oshkosh City limits. The
lots are served by the Algoma Sanitary District #1 and private wells. Because the plat is
extraterritorial, the City's Subdivision Regulations pertaining to physical design requirements do
not apply and the plat needs to be reviewed on the basis of being consistent with the City's
Comprehensive Plan. In this case, the plat is located in an area that the City's land use plan
identifies as appropriate for residential use. Based on existing development patterns and
boundary agreements of the location;the City will likely not expand into this area. The
Department of Public Works reviewed the proposal and did not have concerns other than that out
lot 3 appears to be within the proposed road right-of-way.
There was no discussion on the item.
Motion by Uajgrt to approve the 82 lot plus 3 outlot extraterritorial final plat in the Town of Omro with
the following findings:
1. The proposed extraterritorial plat is consistent with the City's Comprehensive Plan.
Seconded by Mott. Motion carried 8-0.
Plan Commission Minutes 2 May 1,2018
III. RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW DOOR AND
WINDOW SIZE REDUCTIONS ON THE FRONT FACADE AT 423 W 9TH AVENUE
The applicant is requesting approval of a variance from the City's Residential Design Standards to
allow door and window size reductions on the front facade at 423 W 9th Avenue.
Mr. Wiley presented the item and reviewed the site and surrounding area. The subject property is
a residential lot and is approximately 7,500 square feet in area. The applicant proposes to decrease
the size of the first floor living room window. The applicant also intends to close off a front door
currently located on the side wall of the front porch. The applicant would maintain the other front
door located on the porch of the house and widen this opening. The applicant is requesting a
design standards variance to allow the elimination of a door opening and the size reduction of a
window opening on the front facade. Staff evaluated the completed work previously described
and the impact on the design of the home in regard to the purpose and intent of the residential
design standards. After evaluating the applicant's application and speaking with the applicant,
staff is of the opinion that the proposed door closure, front door size increase, and window area
reduction will not have an adverse impact on the architectural integrity of the front facade.
Mr. Bowen questioned why the compliance for any egress,light and ventilation requirements were
added to the conditions because that was not common for other design standard variance
conditions Plan Commission has seen. He was curious if this was a new code or if Plan
Commission is now coordinating with the Inspections Division.
Mr. Wiley responded he had added that condition because of a previous design standard variance.
He wanted to add it to ensure he was recommending a condition that would not contradict any
building code regulations.
Mr. Burich mentioned that this was a proactive approach to consider the building code
requirements.
Mr. Lyons added that previous conditions were very general and that adding more details helps
better inform the applicant as well as Plan Commission.
Motion by Bowen to approve the residential design standards variance to allow door and window size
reductions on the front fagade at 423 W 9th Avenue with the following conditions:
1. Window and door trim to match color and appearance of the existing windows on the home.
2. Applicant to install siding in any areas closed(door opening,portions of living room window
opening)in a manner consistent with existing siding on the home. Siding shall be installed so that it
does not have a patchwork appearance.
3. Applicant to center new living room window on the existing second floor bedroom window opening.
4. Applicant shall ensure that the ground floor living room window(s) and upstairs bedroom
window(s)maintain a similar or compatible style and appearance to one another. For example, as
Plan Commission Minutes 3 May 1,2018
long as the proposed windows meet building codes and egress requirements, the applicant could
employ side by side double hung windows for the ground floor living room and upstairs bedroom.
5. Applicant shall confer with the City's Inspections Division to ensure that the proposed second floor
bedroom window replacement(s) comply with any egress and light and ventilation requirements.
(Window opening must be a minimum of 8% of the floor area of the room).
6. Applicant will maintain all window openings other than that of the ground floor living room at their
current sizes and locations when replacing windows.
And the following finding:
1. The variance will not be contrary to the public interest because the decrease of window area will not
adversely affect the structure's architectural design, the neighborhood character, or curb appearance
of the block.
Seconded by Vajgrt. Motion carried 8-0.
IV: SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR A MIXED-USE SITE
LOCATED AT 851 SOUTH MAIN STREET
The petitioner requests an amendment to the Specific Implementation Plan approval for a mixed-
use site located at 851 South Main Street with the following conditions:
1. Base standard modification to allow a dumpster enclosure between the building and public
street.
2. Base standard modification to allow a commercial use without a designated loading area.
3. Base standard modification to allow lighting levels to exceed 0.5 footcandles at the north,
east, southeast, and south property lines.
4. Final landscaping plan approval by the Department of Community Development.
5. Encroachment agreement be drafted for pergolas and canopies extending over public right-
of-way and recorded with the Winnebago County Register of Deeds.
Mr. Slusarek presented the item and reviewed the site and surrounding area. On April 22,2008,
the Common Council approved a Planned Development for the block bounded by South Main
Street, West 8th Avenue, Nebraska Street, and West 9th Avenue for a multi-family development on
the western portion of the site and renovation of the existing 4-story building(formerly Miles
Kimball) on the east side of the site. The multi-family development to the west of the subject site
was constructed in 2008 per the approved Planned Development. The Miles Kimball building was
never renovated,but the surrounding facility was razed in 2006 according to prior building permit
records. The approximate 0.83 acre site includes a 4-story structure built in 1900 and is now
vacant. The previously approved Planned Development of the site was for renovation of the site
for commercial use on the ground floor and residential units on floors 2-4 as well as an optional
ground floor patio. The applicant is proposing to renovate the building to include two tenant
spaces on the first floor that will either be a restaurant or retail space along with two patios, office
spaces, and rooftop addition for a bar and patio area. The proposed mix of uses is permitted in the
Central Mixed Use district (CMU). The proposed renovation meets the guidelines of the South
Plan Commission Minutes 4 May 1,2018
Shore East redevelopment area and is generally consistent with the approved Planned
Development for the site with minor changes to the site design and use of the building.
Eric Drazkowski (Project Manager for Excel Engineering), 100 Camelot Drive, requested to have
eyebrow canopies and signage added to the last condition. He also asked if the setback for the
patio on the southwest corner needed a variance or if it met requirements.
Mr. Slusarek replied that per CMU Standards, there are no setback requirements.
Motion by Vajgrt to approve a Specific Implementation Plan for 851 South Main Street with the
following conditions:
1. Base standard modification to allow a dumpster enclosure between the building and public street.
2. Base standard modification to allow a commercial use without a designated loading area.
3. Base standard modification to allow lighting levels to exceed 0.5 footcandles at the north, east,
southeast, and south property lines.
4. Final landscaping plan approval by the Department of Community Development.
5. Encroachment agreement be drafted for pergolas, canopies, eyebrow canopies and signs extending
over public right-of-way and recorded with the Winnebago County Register of Deeds.
Seconded by Mott. Motion carried 8-0.
V: ZONE CHANGE FROM NEIGHBORHOOD MIXED USE DISTRICT (NMU) TO
NEIGHBORHOOD MIXED USE DISTRICT WITH PLANNED DEVELOPMENT
OVERLAY (NMU-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN
AND SPECIFIC IMPLEMENTATION PLAN FOR PROPERTY LOCATED AT 129 W.
17TH STREET
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 General Development Plan and Specific Implementation Plan
to allow for construction of an 8 unit apartment building and 8 unit garage at 129 W 17th Street
with the following conditions:
1. Dumpster enclosure shall be relocated to meet the 5' side yard setback for accessory
structures.
2. Final landscaping plan approval by the Department of Community Development.
3. Base Standard Modification to allow an 8 unit apartment building.
Mr. Lyons presented the item and reviewed the site and surrounding area. The subject area
consists of one parcel approximately 1.645 acres in size, located on the south side of W 17th Street
and east of Oregon Street. The subject area currently contains a vacant commercial building and
associated surface parking. The proposed development will have one 24' driveway entrance. The
development includes 8 surface parking spaces and 8 garage parking spaces. The applicant meets
code requirements for off-street parking. The southern, approximately 1 acre, area will remain
Plan Commission Minutes 5 May 1,2018
undeveloped and remain green space with landscaping. Minimal storm water management plans
have been provided and finalized plans will need to be submitted and approved as part of the Site
Plan Review processes. Per the applicant's site plan, the total amount of required foundation
landscaping points are met. The plan also meets the bufferyard landscaping point requirements.
The plan provided is deficient in street frontage landscaping and an additional points will need to
be added prior to the Site Plan Review process. Final approval of the lighting plan and sign plan
will occur during the Site Plan Review processes. The applicant is proposing a dumpster enclosure
along the east property line but does not meet the code setback requirements for accessory
structures. Revised plans will need to be submitted as part of the Site Plan Review process. The
enclosure meets the exterior material design requirements for a multi-family building. The
buildings are clad in a mixture of brick on the existing building and vinyl siding on the addition
and garage. The described building materials are in compliance with the zoning codes
requirements.
Ms. Propp commented that it was a very large parcel and was wondering what the intentions of
the remaining space on the south would be.
Mr. Lyons responded that there are currently no immediate plans and it will be left as green space
for now.
Ms. Propp asked what the regulations would be if the green space were to be developed in the
future.
Mr. Lyons replied that the regulations and restrictions would be dependent on what the future
development would be. He also added that any future development would have to come through
Plan Commission and follow the standard protocols.
Mr. Bowen questioned if the Plan Commission could vote on the zone change, general
development plan and specific implementation plan separately or if it had to be done all together.
Mr. Burich stated that the general development plan and specific implementation plan are very
similar but it would be acceptable to vote on it both ways as long as it is what the Plan
Commission wanted.
Mr. Lyons suggested that another option could be to approve the zone change first then work with
the applicant on the general development plan and specific implementation plan.
Mr. Hinz mentioned that the parcel size is not uncommon for the area. He said Hughes Home
Maid Chocolate Shop is about a block away from the site and has a similar parcel size. He also
asked if fencing would be required on the east and west side of the property.
Mr. Lyons responded that it is adjacent to NMU zoning and would not have any fencing
requirements. The applicant is proposing to meet the bufferyard requirements by the use of
landscaping and spacing.
Plan Commission Minutes 6 May 1,2018
Mr. Mott asked if grass would be the landscaping proposed.
Mr. Lyons stated there is some landscaping around the perimeter on the south of the property but
not much else where. The code does not give specifications on the exact placement of where
landscaping is required. He added that the applicant meets the minimum requirements for
landscaping but the Plan Commission could always request for more landscaping if desired.
Joel Novotny, 1731 Doty Street, said he is in attendance for personal reasons. He loves his current
backyard view and would like to keep it the way it is. He is concerned because the owner does not
know what the future plans may be for the green space. He is also concerned about the owner
purchasing other lots in the area and creating a bigger parcel. Mr. Novotny suggested that maybe
the City and the owner could come together for other developments instead of the owner
developing the proposed parcel. He knows that the City needs more green space and feels the 1.6
acre parcel could be used as a park. He suggest that the owner could have the rights to name the
park. Mr. Novotny said if he could name the park,he would name it Veterans Park. He stated
that he is not requesting Plan Commission to approve or deny the applicant but to table it and look
into other options.
Bob Mackey, 122 W. 17f Avenue, said that he has lived there for 14 years. He said that most of the
neighborhood is zoned as family or a 2 flat and it is a very quiet neighborhood. He said the
proposed area could potentially have up to 45 people living in the unit. He does not feel zoning
should be approved for the parcel because it would not be allowed if it was a residential property
proposing a similar zoning request. He stated that Witzke's Bar is located in the area as well. He
said it is not bad living by the bar but when there are weddings, there are up to 120 extra people in
the area. The weddings turn the street into a one lane street because of the extra vehicles. He is
concerned that the owner may want to develop more units in the future. He feels as though the
development is a bad idea and the wrong location. He commented that he liked Mr. Novotny's
park idea but felt it likely would not happen.
Mr. Vajgrt asked how many units were in the location previously.
Mr. Lyons said that the Assessor's records show roughly 4-5 units but noted that the records did
not specify exact details.
Mr. Cummings asked if staff had talked to the school district because of the potential increase in
children in the neighborhood. If staff had not communicated with the school district,he feels they
should.
Mr. Lyons stated that they had not talked to the school district because it was only a proposed 8
unit. He said they would if there were more units being developed.
Mr. Burich added that the school district is sent the agenda for all Plan Commission meetings.
Ms. Propp and Mr. Bowen asked what the maximum number of units for the site could be if it was
built to its maximum.
Plan Commission Minutes 7 May 1,2018
Mr. Lyons responded that the maximum capacity for the site would be 58 units through a
conditional use permit.
Ms. Propp is concerned about what the future plans may be for the site. She likes what is being
proposed but would like more landscaping.
Mr. Lyons stated that any future development would have to come through Plan Commission and
follow the standard protocols.
Mr. Bowen commented that the aesthetics of the proposed building is not compatible to the area
and does not blend in. He added that he would prefer to vote separately on the items or table the
items.
Mr. Mott asked what the original structure looked like.
Mr. Lyons said that it was a wood framed,vinyl sided structure.
Mr. Hinz stated that he agrees with tabling the item for now until they get more feedback and
information from the developer.
Mr. Fojtik and Mr. Vajgrt agreed.
Mr. Hinz asked how long the item should be tabled for.
Mr. Burich recommended that Plan Commission table it for two meetings and hold a workshop on
it at the next Plan Commission meeting.
Motion by Bowen to lay over the zone change,general development plan and a specific implementation plan
for an 8 unit apartment building and 8 unit garage at 129 W 17th Street until June 51h.
Seconded by Vajgrt. Motion carried 7-1. (nay:Perry)
VIA. ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN
MIXED USE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY (SMU-PD)
AND APPROVAL OF A GENERAL DEVELOPMENT PLAN AND SPECIFIC
IMPLEMENTATION PLAN FOR PROPERTY LOCATED AT 2322 JACKSON STREET
VIB. ACCESS CONTROL VARIANCES TO ALLOW COMMERCIAL DRIVEWAY ON A
LOCAL STREET,REDUCED LATERAL CLEARANCE &REDUCED DRIVEWAY
SPACING AT 2322 JACKSON STREET
Two actions are requested as part of this request:
A. The applicant requests a zone change from the existing Suburban Mixed Use District (SMU)
to Suburban Mixed Use District with a Planned Development Overlay(SMU-PD). The
Plan Commission Minutes 8 May 1,2018
applicant also requests approval of General Development Plan and Specific
Implementation Plan to allow for construction of a Casey's General Store with the
following conditions:
1. Approval of access control variances
a) One commercial class II driveway on W. Smith Avenue
b) Reduced driveway spacing to 25 feet (north)where code requires a
minimum 125 foot spacing between driveways
C) Reduced lateral clearance from Jackson Street to 30 feet where code requires
a minimum of 75 feet
2. CSM to combine parcels.
3. Grant easement at the southwest corner of sidewalk and utilities on CSM as
approved by Department of Public Works.
4. Finalized, code compliant, refuse enclosure plans shall be submitted and approved
as part of the Site Plan Review processes.
5. BSM to reduce the required 10' side yard setback to 7.9'.
6. BSM to allow a loading area within 50' of a residential district.
7. BSM to allow parking to exceed 125%up to a maximum of 25 spaces.
8. BSM to allow site lighting to exceed 0.5 foot candle along the driveways.
9. BSM to reduce the required 2000'bufferyard landscaping points to 215 points along
the eastern property line and 6 additional building screening trees along the east
facade of the building.
B. The petitioner is requesting access control variances to permit the following:
1. To be allowed a commercial driveway on W. Smith Avenue
2. Reduced driveway spacing to 25 feet (north)where code requires a minimum 125
foot spacing between driveways.
3. Reduced lateral clearance from Jackson Street to 30 feet where code requires a
minimum of 75 feet.
Mr. Lyons presented the item and reviewed the site and surrounding area. The subject area is
located at the northeast corner of Jackson Street and W. Smith Avenue and consists of three parcels
totaling approximately 1.75 acres in size. The petitioner is requesting three access control
variances. Staff is supportive of these request. The proposed development consists of a
convenience store, canopy with fuel sales and associated surface parking. The convenience store
will be approximately 4,700 sq. ft. and will provide general goods including convenience items.
Typical hours of operation will be from 5 am to 12:00 am daily for the convenience store with 24
hour fuel sales. The development will employ approximately 20-30 people. Staff recommends a
condition be placed on the development requiring the three subject parcels be combined via a
Certified Survey Map (CSM). The applicant is requesting several Base Standard Modifications
(BSM). Staff supports all the BSM. Mr. Lyons mentioned that one of the conditions he had added
for 25 parking spaces should be removed because per applicant's site plan, the table and the map
did not match up. There should be 23 parking spaces not 25 which means the applicant has met
the parking space requirements and is below the maximum. The signage has been modified as
well. The two signs that were on each side of the building have now been removed and there is
only one large sign at the front of the building. Per the applicant's site plan, all building
foundation landscaping,paved landscaping and street frontage landscaping requirements are
Plan Commission Minutes 9 May 1,2018
being met. Finalized, code compliant,refuse enclosure plans will need to be submitted and
approved as part of the Site Plan Review processes. Finalized storm water management plan
details will need to be submitted and approved as part of the Site Plan Review processes.
Ms. Propp mentioned that the east side of the property is not appealing to the residential side.
Mr. Lyons replied that the purposed 6 foot fence and evergreens should help.
Ms. Propp asked what was going on with the south side of the property.
Mr. Lyons replied that the area is landscaping around the pylon sign and the other section is part
of their storm water management with surrounded landscaping.
Mr. Cummings mentioned that the architectural integrity should be raised for future properties.
Mr. Burich added that according to the new zoning and design standards, the applicant does meet
the requirements using a majority of Class 1 materials.
Ryan Swanson (Arc Design Resources on behalf of Casey's Marketing Company), 5291 Zenith
Parkway, addressed a few items. The truck area is strictly for delivery trucks which arrive roughly
once a week. The tanker trucks would be located at the north end. Arc Design Resoucres Inc. has
been trying to minimize the impact to the residential area. The reason for the interior design of the
store is due to the operational layout that is beneficial and efficient to Casey's. There have been
multiple layouts in the past 8 years and with each modification, they keep improving the
operational layout. This is one of the reasons why merchandise has to be brought in from the
south end of the building. Mr. Swanson also touched back on the architectural integrity and storm
water management/feature. He mentioned that the material color in the rear of the building is
actually a rich tan color and not the grey color as it appears in the PowerPoint. The rich tan color
blends in very well with the brick. Arc Designs Resources Inc. is using all high quality stone and
brick. They have also reduced the signage to make the front facade more appealing.
Ms. Propp asked about clarification on signage and the size.
Mr. Lyons replied that there is only one large sign being purposed and it meets the code
requirements. Originally, there were two other signs at each side of the building which have now
been removed.
Mr. Vajgrt and Ms. Propp questioned how much the 6 foot fence would cover of the building.
Mr. Swanson said that it looks as though it would cover up to the electrical boxes.
Mr. Mott wanted to confirm what types of trees were on the east side of the property.
Mr. Lyons and Mr. Swanson both replied that it is a mix of deciduous shade and evergreens.
Plan Commission Minutes 10 May 1,2018
Mr. Bowen asked Mr. Swanson if he had seen other variations of the front elevations or if this was
the standard.
Mr. Swanson replied that this is Casey's preferred front elevation.
Mr. Bowen questioned if there were other variations where the front facade defines the base below
the window level more clearly.
Mr. Swanson said no. He has seen where the soldier course is a different color and older versions
for the store had an EIFS component.
Ardine Barry, 307 W. Smith Avenue, said that driveway Casey's plan on using for the delivery
trucks is directly across from her driveway. The residents in the area pay for the street upkeep and
she was wondering how the truck traffic would affect the upkeep fees. She also mentioned that
she has been dealing with Kwik Trip to the side of her property for about 15 years. The light from
Kwik Trip shines through her windows 24 hours a day. The increased light intensity was enough
to make her reduce the size of one of her windows. There is also an increase in the noise level. She
mentioned that she is not in favor of the access point for the driveway on Smith Avenue.
Susan Coenen, 304 W. Smith Avenue, said that she is directly behind of the building. She wanted
to know the distance from the back of the building to her garage.
Mr. Lyons replied that it is roughly 9.8 feet from the purposed building to Ms. Coenen s garage.
Ms. Coenen also questioned the distance of the purposed fence to her fence as well as maintenance
between the fences. She also wondered what would happened to her tree because they over hang
onto the Casey's property.
Mr. Lyons replied that usually fences are put right up to the property line. Per city code, the
applicant would have the right to trim the tree to the property line but this could be future
discussion between Ms. Coenen and the applicant.
Janice Potratz, 234 W Smith Avenue, questioned if all the fences would be replaced and also was
wondering about drainage because of the previous snowfall.
Mr. Lyons said they are only proposing a partial fence.
Mr. Gohde replied that with the new development there should not be snow being pushed back
like it was previously.
Cindy Asen, 309 Bacon Avenue, stated that there is currently fencing all around the perimeter of
the purposed property. She is wondering if all the fencing would be removed.
Mr. Lyons said that currently it looks like the fencing around the perimeter is encroaching on
multiple property lines.
Plan Commission Minutes 11 May 1,2018
Mr. Swanson answered that there is a large amount of fencing that is encroaching on the property.
They plan on leaving the current fencing alone as long as it has been maintained. They are also
willing to work with the neighbors on this issue. He said that most of the drainage will be
redirected west and will be an improvement from the previous situation.
Ms. Propp wanted more clarification on the fence and the options of Casey's for current fencing.
Mr. Lyons stated that various neighboring properties have fences that are encroaching on the
proposed property. The purposed fence would be on the applicant's property. The existing
encroachment issues would be a civil matter that would be handled by the neighbors and Casey's.
Mr. Hinz questioned if an 8 foot fence could be suggested instead of the 6 foot fence.
Mr. Lyons said that the possibility of an 8 foot fence would be allowable and meet code.
Ms. Propp questioned the tightness of backing up in the parking spaces at the entrance of the
parking lot.
Mr. Burich stated that there is about 35 feet from the curb to the parking spot. He said that staff
did review the area and felt the tighter space was acceptable as purposed because of the controlled
intersection.
Ms. Propp wanted to confirm the proposed fence location.
Mr. Lyons stated that if an 8 foot fence is what the Plan Commission wants, it should be added as a
condition.
Motion by Uajgrt to approval an access control variance to allow a commercial driveway on a local
street, reduced lateral clearance and reduced driveway spacing, a zone change from Suburban Mixed Use
District(SMU) to Suburban Mixed Use District with Planned Development Overlay (SMU-PD) and
approval of a general development plan and specific implementation plan for property located at 2322
Jackson Street with the following conditions:
1. Approval of access control variances
a) One commercial class II driveway on W. Smith Avenue
b) Reduced driveway spacing to 25 feet (north) where code requires a minimum 125 foot
spacing between driveways
c) Reduced lateral clearance from Jackson Street to 30 feet where code requires a minimum of
75 feet
2. CSM to combine parcels.
3. Grant easement at the southwest corner of sidewalk and utilities on CSM as approved by
Department of Public Works.
4. Finalized, code compliant, refuse enclosure plans shall be submitted and approved as part of the Site
Plan Review processes.
5. BSM to reduce the required 10'side yard setback to 7.9'.
Plan Commission Minutes 12 May 1,2018
6. BSM to allow a loading area within 50'of a residential district.
7. BSM to allow site lighting to exceed 0.5 foot candle along the driveways.
8. BSM to reduce the required 2000'bufferyard landscaping points to 215 points along the eastern
property line and 6 additional building screening trees along the east fagade of the building.
9. Require bufferyard fence shall be 8 feet tall.
Seconded by Hinz.
Ms. Propp asked about lighting intensity because of previous comments.
Mr. Lyons stated that lighting meets requirements around the residential area. The only lighting
that does not meet code is by the driveway entrances but should not affect the residential area.
Mr. Burich added that there were no lighting codes in place when Kwik Trip was developed but
since then, there have been codes added and modified.
Mr. Lyons stated that there are also other lighting codes that will help, such as significantly
reducing the lighting once the store is closed.
Mr. Bowen commented that he likes the aesthetic appeal of the building and how it uses a majority
of Class 1 Materials. He said future elevations can be discussed in the upcoming workshops.
Motion carried 7-1 (nay:Perry).
VII. APPROVAL OF THE CITY CENTER CORRIDORS PLAN FOR 9TH AVENUE AND
SOUTH PARK AVENUE
Staff requests approval of the City Center Corridors Plan for 9th Avenue and South Park Avenue
that was prepared in consultation with Houseal Lavigne Associates. The purpose of the City
Center Corridors Plan is to guide planning and policy decisions for future improvements to 9th
Avenue and South Park Avenue and includes issues related to land use,multi-modal
transportation, and urban design.
Staff is requesting the Plan Commission to review the Plan and make a determination that it is
consistent with the City's Comprehensive Plan and that it be adopted as an addendum to the
Comprehensive Plan.
Mr. Burich discussed the City Center Corridors Plan. The plan includes 9th Avenue corridor which
is approximately 2.06 miles in length. The corridor is largely residential with interspersed
commercial nodes at major intersections. The South Park Avenue corridor is approximately 2.52
miles. The corridor is generally mixed-use with interstate commercial on the west and center city
urban commercial on the east with South Park Avenue terminating at the Menominee Nation
Arena. The South Park Avenue corridor also contains a large park (South Park) and a quarry
(Vulcan). Unlike the 9th Avenue corridor, the major interior intersections are generally not
commercial nodes. Both corridors contain opportunity redevelopment sites. The Plan includes
Plan Commission Minutes 13 May 1,2018
recommendations for each of the chapters and ends with an Implementation Chapter. That chapter
contains a Matrix with implementation items that includes priority level, public cost estimate, ease
of implementation, and lead responsibility.
Ms. Propp commented that she was very impressed by the plan and how the departments have
come together on this plan. She did not realize that the air zone had such a big impact on the area
until the recent workshop. She also stated that this would be great to implement on new
properties as they develop.
Mr. Burich said that with the implementation, it should help the current and new properties on 91h
Avenue in terms of curb appeal.
Mr. Fojtik stated that he does agree with Ms. Propp. He feel as South Park offers more opportunity
because there is more space.
Mr. Perry suggested 91h Avenue would be great for year 2 or 3 of the Habitat for Humanity's Rock
the Block Program.
Mr Burich and Mr. Fojtik both agreed with Mr. Perry.
Mr. Cummings said that commercial buildings have become the standard gateway into the
communities.
Mr. Hinz commented that he is very pleased with adding parking to the less trafficked areas of 91h
Avenue.
Mr. Burich agreed and stated that the some of the parking lanes are currently used as driving lanes
even though they are not driving lanes.
Motion by Perry to approval the adoption of the Imagine Oshkosh Plan and that is to be adopted as an
addendum to the Comprehensive Plan.
Seconded by Hinz. Motion carried 8-0.
There being no further business, the meeting adjourned at approximately 6:08 pm. (Vajgrt/Perry)
Respectfully submitted,
Darryn Burich
Director of Planning Services
Plan Commission Minutes 14 May 1,2018