Plan Commission approves 32-unit multifamily plan at Bowen Street after concerns about off-site driveway

The Oshkosh Plan Commission on Feb. 19 approved a specific implementation plan for a 32-unit multifamily development at 0 Bowen Street by a 5-1 vote, adopting staff findings and recommended conditions.

Staff said the 2.26-acre property at the southwest corner of East Murdoch Avenue and Bowen Street is zoned Urban Mixed Use (UMU) with a plan development overlay and that the Common Council approved a general development plan for the site on Oct. 22, 2024. The proposed site plan calls for two eight-unit apartment buildings, a 16-unit building, attached and detached garages and surface parking to provide 32 garage spaces and 36 uncovered spaces.

According to staff, the plan meets UMU density requirements and includes a refuse enclosure constructed of masonry consistent with the primary buildings. The applicant proposes a 1,800-square-foot recreation area on the south side of the site and foundation and yard landscaping that staff said meet code; a modification to the required setback (reduced to 18.7 feet from a 25-foot minimum) was previously approved in the GDP. Staff recommended approval of the SIP with the conditions in the staff report and noted that several items will be verified during site-plan review, including tree species for street frontage points and sheeted (fully shielded) lighting fixtures.

Staff also described the applicant's requests for base standard modifications related to building design and said the applicant offset those requests with increased window area, additional landscaping and higher-quality exterior materials. "Staff is comfortable that the applicant has adequately offset the requested variances and the overall site will be consistent with the approved GDP and compatible with the surrounding area," staff said during the presentation.

Chet Weisenberg, representing the applicant, told the commission he was available to answer questions and said a cross-access agreement with the neighboring property owners has been submitted with the SIP materials. "We are having a cross access agreement. Our agreement will be that any damages as a result of construction will be repaired," Weisenberg said.

Commission discussion focused on technical details. Commissioners asked staff to show the location of the proposed recreation area and to point out stormwater features on the plan. One commissioner asked whether a fence would be provided adjacent to the nearby grocery store; staff said no fence was proposed and none is required given adjacent zoning. Commissioners also raised pedestrian-connectivity questions for the Urban Mixed Use district and whether internal walkways or striping would be required across drive aisles; staff said at minimum one pedestrian connection to a street frontage is required and that crosswalk striping is typically required where a pedestrian route crosses a drive aisle.

Members also expressed concern about the off-site driveway that will provide access to the development. The commission was told it cannot impose conditions on a driveway located entirely on property not owned by the applicant; if the driveway becomes unusable or falls into disrepair the city code requires driveways to be maintained. The applicant said the cross-access agreement will require repair of any construction damage.

After discussion the commission moved to adopt the staff report findings and recommendations. The roll-call vote recorded five "yes" votes and one "no": Miss Davey — yes; Mr. Lowenstein — yes; Mr. Bowen — yes; Miss Pratt — no; Mr. Rucker — yes; Chairman Perry — yes. The motion carried.

The commission's approval is conditional on the items listed in the staff report and on the forthcoming site-plan review, which will verify tree species, lighting shielding, landscaping location and detail work tied to the previously approved GDP. The cross-access agreement will need to be recorded with the Winnebago County Register of Deeds as part of the subsequent site-plan and construction process.