HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES
June 5,2018
PRESENT: Ed Bowen, Steve Cummings, Thomas Fojtik, Michael Ford,John Hinz, Andrew
Mott, Thomas Perry, Kathleen Propp, Robert Vajgrt
EXCUSED: David Borsuk,John Kiefer
STAFF: Darryn Burich, Planning Director;Mark Lyons, Principal Planner; Steve Gohde,
Assistant Director of Public Works;Jeff Nau, Associate 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 May 15,2018 were approved as presented. (Vajgrt/Hinz)
I. STREET RIGHT-OF-WAY DEDICATIONS AT 1634 THROUGH 1810 OSHKOSH AVENUE AND
N.WESTFIELD STREET NORTH OF OSHKOSH AVENUE
The petitioner requests the acceptance of street right-of-way on the north side of Oshkosh Avenue
and an extension of N. Westfield Street north of Oshkosh Avenue.
Mr. Nau presented and reviewed the site and surrounding area. The City of Oshkosh is requesting
two dedications; one involving the widening of Oshkosh Avenue and the second creating an
extension of N. Westfield Street north of Oshkosh Avenue. The dedications are required for
proposed improvements and revitalization of the Oshkosh Avenue Corridor. The proposed
Oshkosh Avenue right-of-way widening will dedicate approximately 25,725 square feet of area
along the north side of Oshkosh Avenue from 1634 through 1810 Oshkosh Avenue. The dedicated
area as planned is 24 feet wide by approximately 915 feet long and will make this section of
Oshkosh Avenue an 80-foot right-of-way. The proposed dedication of an extension of N.
Westfield Street involves approximately 30,513 square feet of land. The dedication as planned is
80-feet wide by approximately 357 feet long and includes corner radii at Oshkosh Avenue and a
radius at the northwest portion of the dedication.
Mr. Bowen arrived at 4:04 pm.
There was no discussion on the item.
Motion by Uajgrt to approve the street right-of-way dedication at 1634 through 1810 Oshkosh Avenue
and N. Westfield Street north of Oshkosh Avenue.
Seconded by Propp. Motion carried 9-0.
Plan Commission Minutes 1 June 5,2018
II. DESIGN STANDARDS VARIANCE TO ALLOW CONSTRUCTION OF A REAR ADDITION
WITH MATERIALS NOT SUBSTANTIALLY SIMILAR TO THE EXISTING BUILDING AT 914
E.MURDOCK AVENUE
The applicant is requesting approval of a variance from the City's Design Standards for the
construction of a rear addition with materials not substantially similar to the existing building at
914 E. Murdock Avenue with the following finding:
1. The addition as proposed will have a detrimental impact on the architectural appearance of
the building and that the variance criteria described previously do not apply at this time.
2. Staff has attempted to work with the applicant to find an alternative panel or cladding
product but the applicant wants to employ the ribbed metal panels previously mentioned
for two exterior facades of the addition.
Mr. Wiley presented the item and reviewed the site and surrounding area. The subject property is
a commercial lot and is approximately 7,500 square feet in area and contains an 896 square foot 1
story commercial structure. The applicant proposes to construct an 8' x 9' addition on the rear of
the building to house equipment (a brick oven) associated with the business. The new addition
would consist of masonry and metal panel construction. The east facade of the new enclosure
would be constructed of cinderblock consistent with the rest of the building. The north and west
facades of the enclosure would be constructed of cold rolled steel and panels. The applicant would
like to do a complete cold-formed steel enclosure and cladding for fire resistance and to allow for
the changing of equipment if needed. After evaluating the application and speaking with the
applicant, staff is of the opinion that the addition as currently proposed would have a detrimental
impact on the architectural integrity of the building. Staff spoke with the applicant and asked the
applicant to explore other alternatives to the metal panels he was considering. The applicant said
that he would consider alternative materials. On May 29, 2018, the applicant followed up with
staff and explained that he would like to employ exposed fastener ribbed metal panels (similar to
what was originally proposed). Staff is willing to work with the applicant on finding another
alternative panel system. Staff believes that the applicant has other options for accommodating the
anticipated future replacement of the oven.
Mr. Hinz asked if there was a street view from Evans Street.
Mr. Wiley navigated the PowerPoint to an aerial view photo. The photo showed that there is a
building on Evans Street which would block the view to the building on 914 E. Murdock Avenue.
Mr. Mott wanted confirmation of what the surrounding buildings were.
Mr. Ford asked for more information on the type of metal purposed.
Mr. Wiley stated that both the types of metal purposed are Class 4 materials which is prohibited.
Mr. Ford asked if there was a Class 3 material that would be allowed.
Plan Commission Minutes 2 June 5,2018
Mr. Burich responded that metal is allowed but not the type of metal that was submitted. He then
read from the zoning ordinance the prohibited Class 4 materials for commercial buildings.
Mr. Perry asked if a rolled type door would be allowed, similar to a garage door.
Mr. Wiley responded that it is allowed. Staff actually recommends it as an alternative. It would
still allow room for the oven to be modified as needed.
Mr. Bowen questioned if there was a reason or purpose behind the metal purposed.
Mr. Wiley stated that it is for fire resistance purposes and to be able to modify the oven as needed.
Howard Floeter, Fond du Lac, addressed the situation. The 3,000 lbs. oven is currently housed in
the store and used for baking. The store can get very hot when the oven is on and the air
conditioning unit cannot keep up. The materials purposed is due to the designs from similar
buildings enclosures. It is necessary to have access to the area in order to modify the oven. He
stated that he understands the need for architectural ascetics but does not understand the
practicality for the purposed use.
Mr. Fojtik said someone had mentioned if a garage type door would work.
Mr. Floeter said he cannot speak for the owners on what they are willing to spend. The type of
door that would be used would have to be a rolling type door so it would not conflict with the
vents in the ceiling.
Ms. Propp asked if the metal door could be on the west side of the enclosure.
Mr. Floeter replied that it would not work due to the weight of the oven. The oven needs to be
loaded with a forklift and the west side would not allow access for a forklift.
Mr. Ford questioned what the difference was between a garage door versus metal paneling.
Ms. Propp said that Class 4 materials are prohibited and she would prefer approved materials.
Mr. Burich responded that there are no current standards for a garage door like there is for metal
paneling.
Mr. Ford asked if cinderblock is considered a Class 4 material.
Mr. Burich answered that undecorative cinderblock is a Class 4 material but is allowable in this
case because it is consistent with the current building material.
The Plan Commission and the staff discussed how to vote on the item as well as details to lay it
over.
Plan Commission Minutes 3 June 5,2018
Motion by Vajgrt to lay over the design standards variance to allow construction of a rear addition with
materials not substantially similar to the existing building at 914 E Murdock Avenue until June 191h
Seconded by Propp. Motion carried 8-1. (nay:Perry)
IIIA. CONDITIONAL USE PERMIT, GENERAL DEVELOPMENT PLAN AND SPECIFIC
IMPLEMENTATION PLAN APPROVAL FOR A FUEL STATION AND
CONVENIENCE STORE LOCATED AT THE NORTHEAST CORNER OF OSHKOSH
AVENUE AND N. WESTFIELD STREET
The petitioner requests approval of a Conditional Use Permit, General Development plan and
Specific Implementation Plan to allow for development of a fuel station and convenience store at
the northeast corner of Oshkosh Avenue and N. Westfield Street.
Mr. Lyons presented the item and reviewed the site and surrounding area. The proposed
development consists of a convenience store, canopy with fuel sales and associated surface
parking. The convenience store will be approximately 5,165 sq. ft. and will provide general goods
including convenience items,beverages and fresh made to order food. The fuel canopy will
include 8 multi-product fuel dispensers (16 fueling positions). Typical hours of operation will be
from 5 am to 12:00 am daily for the convenience store with 24 hour fuel sales. The proposed site
plan also includes an outdoor seating area along the west facade of the building. An Access
Control Variance (ACV) is required for the development. Staff is in support of the ACV. Staff
recommends a condition be placed on the development requiring completion of the proposed
Certified Survey Map (CSM) that creates Lot 2 for the proposed development. The CSM will
include a cross access easement for the shared driveway between proposed Lot 1 and Lot 2. The
applicant is requesting several Base Standard Modifications (BSM). Staff supports all the BSM. Per
the applicant's site plan, all building foundation landscaping, paved landscaping, street frontage
landscaping and yard landscaping requirements are being met. Finalized storm water
management plan details will need to be submitted and approved as part of the Site Plan Review
process. The building is comprised in total of 82.43%Class I materials and 17.57%Class III
materials. Mr. Lyons noted that after the staff report was issued,the applicant has submitted a
monument sign which include the same 2'2" cultured stone base as the primary building and code
compliant east building elevations. He recommended keeping all the conditions the same.
Mr. Bowen asked if there were any details or plans for external lighting on the south facade.
Mr. Lyons responded that there have been no plans submitted.
Mr. Bowen asked if there were any code requirements for external lighting for signage.
Mr. Lyons replied that it is discussed to a degree but there are no exact requirements given.
Mr. Burich added that if there is a preference for external lighting, it can be added as a condition.
Plan Commission Minutes 4 June 5,2018
Mr. Bowen said that there is no specific preference. He asked if there was any concerns with the
loading/delivery area and the parking spots being in the same vicinity. He also asked if there is
curbing in front of the store.
Mr. Lyons said that this has been a common practice to have parking and delivery in the same area
and there have been no concerns yet. He said they have an option to do curbing or post bollards in
the front of the store.
Ms. Propp asked what was located north of the dumpster enclosure.
Mr. Lyons answered that they are underground fuel tanks.
Ryan Swanson (Arc Design Resources on behalf of Casey's Marketing Company), 5291 Zenith
Parkway, addressed a few items. He said that there is no curbing in the front of the store. The
external lighting is currently being discussed internally. Mr. Swanson said what might be
proposed is a dark bronze fixture that would blend well with the building. The fixture would be a
gooseneck or a bar. He touched base on the access control variance. He said that if needed,trucks
can be routed differently using the eastern driveway to exit so the intersection will not be blocked.
Mr. Fojtik thanked Mr. Swanson for working with staff cooperatively.
Mr. Swanson said that staff had some great ideas. He especially liked the vertical stone on the
columns.
Motion by Vajgrt to approval a conditional use permit,general development plan and specific
implementation plan to allow for development of a fuel station and convenience store at the northeast
corner of Oshkosh Avenue and N. Westfield Street with the following conditions:
1. Approval of access control variances
a) Reduced lateral clearance from N. Westfield Street to 0 feet where code requires a minimum
of 75 feet.
2. Completion of the required Certified Survey Map (CSM) to create Lot 2 as shown.
3. BSM to allow 0'setback along the north property line.
4. BSM to allow a loading area within 50'of a residential district.
5. Refuse enclosure shall include the same 2'2"cultured stone base as the primary building.
6. Monument sign shall include the same 2'2"cultured stone base as the primary building.
7. A code compliant east building elevations shall be provided as part of the Site Plan Review processes.
8. BSM from the required bufferyard along the east property line to provide330 landscaping points.
9. BSM to allow lightning to exceed 0.5 foot candle along the north and east property lines.
10. Wall sign on the south building fagade shall be externally illuminated.
11. BSM to reduce the required monument sign setback to 12'on Oshkosh Avenue and 25'on N.
Westfield Street.
Seconded by Bowen.
Plan Commission Minutes 5 June 5,2018
Ms. Propp stated even though she is not in favor of a convenience store, Casey's has done a
remarkable job on this plan.
Mr. Cummings is still concerned with the final outcome of Oshkosh Avenue. He said Oshkosh
Avenue is a gateway to Oshkosh and Plan Commission needs to look at what is the best for the
future of Oshkosh.
Mr. Hinz added that Plan Commission created the zoning district for the area and knew that a
convenience store would be in the works. The proposed Casey's to the area is a great model for
other convenience stores to follow. Mr. Hinz feels that Casey's is adding a valuable service to the
area.
Mr. Vajgrt said that the convenience store is not a negative to Oshkosh because they have been
willing to make changes in order to make the design fit Oshkosh's needs.
Ms. Propp added that there has been healthy discussion on this item in the past. She knows what
is being proposed to the west of Casey's but is concerned about what could possibly be to the east.
Motion carried 8-1 (nay: Cummings).
IIIB. ACCESS CONTROL VARIANCE FOR REDUCED LATERAL CLEARANCE AT 1686
OSHKOSH AVENUE
The petitioner is requesting access control variances to permit the following:
1. Reduced lateral clearance from N. Westfield Street to 0 feet where code requires a
minimum of 75 feet.
Mr. Lyons presented the item and reviewed the site and surrounding area. The subject area
consists of one proposed parcel, approximately 1.37 acres in size, located on the northeast comer of
Oshkosh Avenue and N. Westfield Street. The proposed development will have one shared access
driveway on N. Westfield Street. The proposed lateral clearance for the access drive along N.
Westfield is about 0 feet. In this particular case staff does not see the requested reduction as a
major issue as most commercial properties in the vicinity have nonconforming lateral clearances
and the proposed lateral clearance will be part of a shared access drive with the adjacent
commercial development.
There was no discussion on the item.
Motion by Vajgrt to approval an access control variance to allow reduced lateral clearance from N.
Westfield Street to 0 feet where code requires a minimum of 75 feet at 1686 Oshkosh Avenue.
Seconded by Bowen. Motion carried 9-0.
There being no further business, the meeting adjourned at approximately 4:53 pm. (Vajgrt/Hinz)
Plan Commission Minutes 6 June 5,2018
Respectfully submitted,
Darryn Burich
Director of Planning Services
Plan Commission Minutes 7 June 5,2018