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Plan Commission Minutes 1 October 18, 2022
PLAN COMMISSION MINUTES
October 18, 2022
PRESENT: Mamadou Coulibaly, Margy Davey, Meredith Scheuermann, John Kiefer, Karl
Loewenstein, Justin Mitchell, Thomas Perry, Kathleen Propp, Michael Ford
EXCUSED: Ed Bowen
STAFF: Mark Lyons, Planning Services Manager; Kelly Nieforth, Community Development
Director; Justin Gierach, Engineering Division Manager; Brian Slusarek, Planner
Chairperson Perry called the meeting to order at 5:00 pm. Roll call was taken and a quorum
declared present.
The minutes of September 20, 2022 were approved as presented. (Kiefer/Davey)
I. PUBLIC HEARING: ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO
INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (I-PD)
AND APPROVAL OF A GENERAL DEVELOPMENT PLAN & SPECIFIC
IMPLEMENTATION PLAN FOR PROPERTY LOCATED AT 375 N EAGLE STREET
Site Inspections Report: Ms. Propp, Ms. Davey, Mr. Kiefer, Mr. Mitchell and Ms. Scheuermann
reported visiting the site.
Staff report accepted as part of the record.
The applicant requests a zone change from the existing Institutional District (I) to Institutional
District with a Planned Development Overlay (I-PD). The applicant also requests approval of
General Development Plan and Specific Implementation Plan for improvements to the West High
School athletic field, at 375 N. Eagle 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. The applicant is requesting a zone change to add a
Planned Development Overlay for the subject property. This request is intended to provide some
flexibility to the zoning ordinance to accommodate site improvements including new lighting for
the athletic field.
The applicant has submitted plans for the athletic facility upgrade, which will be addressed as
General Development Plan (GDP) and Specific Implementation Plan (SIP) review to follow. Staff is
supportive of the proposed rezone as it will assist in providing needed improvements for the site.
The applicant is proposing to install synthetic turf on the existing sports field used for freshman/JV
football games and JV/varsity soccer games, which is located inside the track used for middle and
high school track meets. The project also includes new lighting for the field and a new press box.
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Plan Commission Minutes 2 October 18, 2022
The proposed plans were discussed at a Plan Commission workshop on September 6, 2022, with
Plan Commission voicing support.
No changes are being proposed to the location of the sports field and the applicant has noted that
seating capacity for the facility will not change. The submittal includes plans for the new press box,
which will be 8’ deep, 33’ long, and have a 29’ setback from the N. Westfield St. right-of-way line,
meeting the 25’ setback requirement. The press box will have on overall height of 30’, exceeding
the maximum height for an accessory structure of 18’. Staff is supportive of a BSM to allow the
increased height as it is needed to provide visibility of the field. Staff is recommending that street
frontage landscaping be provided to offset the requested BSM. Staff recommends approval with
the findings and conditions as stated in the staff report.
Mr. Perry opened up technical questions to staff.
Ms. Propp asked how many trees is equal to 250 landscaping points.
Mr. Slusarek said it depends on the species – if they use tall deciduous trees, it would be about 5. If
they use medium trees, it would be more.
Ms. Propp asked if it would go along the entire length of the athletic field.
Mr. Slusarek said it would be in the vicinity of the football field. They would help screen the new
poles.
Mr. Lyons said the number is consistent with the Oshkosh North request.
Mr. Mitchell said the GDP requires a landscape plan and then the SIP process requires a
formalized landscape plan. He said that he thought it wasn’t being required was because city staff
decided to waive it.
Mr. Lyons said per the applicability section of the landscape code, there is no required landscaping
for this project. Nothing in the code triggers anything that says they must add landscaping. The
planned development overlay gives staff the ability to waive filing requirements. It has always
been the process for the city to waive filing requirements for things that have no applicability. We
don’t make applicants provide a blank plan. Requiring a landscaping plan that shows no
landscaping doesn’t provide any benefit and is an extra cost to the applicant.
Mr. Mitchell asked if because the ordinance says they have to have a landscaping plan, but since
this project doesn’t require landscaping, that’s why there isn’t one.
Mr. Lyons confirmed that is correct.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
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Plan Commission Minutes 3 October 18, 2022
Jim Fochs, 375 N. Eagle St, said this is a similar concept the school district is bringing over from
North High School that was just finished. They are having difficulty getting spring sports started,
and with the development of Vel Phillips they have lost one athletic field. That is the driver behind
going from natural turf to synthetic turf in this area and adding the lights to try and stretch out the
evening and stack additional programs.
Ms. Propp asked if the Plan Commission were to ask for more landscaping if that would be
acceptable.
Mr. Fochs said that in speaking with the athletic director with regards to the space along Westfield.
That is the only green space they have to use for tents and staging for track and special events.
Adding anything to that area will be a concern for them.
Ms. Propp asked if the activities bump right up to the fence.
Mr. Fochs said it depends on the size of the meet. It’s the only area that can be used as a flex space.
They are willing to go with taller or medium sized trees and they are curious to see what the
forestry department could come up with for terrace trees.
There were no other public comments on this item.
Mr. Perry closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Kiefer.
Mr. Perry asked if there was any discussion on the motion.
Mr. Mitchell said his main concern is the back of the shed being placed higher than the code
requires. It’s not surprising that there are no neighbors in the meeting due to those residents being
rentals and notices don’t go out to the tenants. The interest in this is trying to conceal that press
box as much as possible. The space behind the press box would be a space to put in six evergreen
trees which would be 240 points. A handful of trees could be planted and spaced out for tents and
other events. The ideal landscaping points would be closer to 540 points which would be six shade
trees and six arborvitae to help conceal the press box.
Ms. Davey said that with the images provided by similar facilities and what they were able to do
with their landscaping. It would be nice to see a row of trees along there but doesn’t know how it
gets in the way of having tents.
Mr. Loewenstein said that it’s difficult to put up tents underneath trees.
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Plan Commission Minutes 4 October 18, 2022
Mr. Kiefer said it seems like there is adequate space between the fence and the terrace. Putting
landscaping along that area would be a nice addition to the area.
Council Member Ford invited the applicant to answer some more questions.
Council Member Ford asked Mr. Fochs how he would feel about adding arborvitae behind the
press box.
Mr. Fochs said he understands the thought process and will check into that option. There is some
electrical behind there so they will have to look at that. The concern would be with larger shade
trees is a wide canopy next to the press box.
Mr. Perry asked if the school district has any plans to use the space behind the press box for their
mascot or another identifier.
Mr. Fochs said there is not.
Mr. Perry said that if they had, then the arborvitae would conceal it and it would be pointless.
Ms. Scheuermann asked if they are going to use that space for advertisement.
Mr. Fochs said it will look almost identical to Oshkosh North’s press box. It shouldn’t detract from
the structure but will complete it.
Mr. Loewenstein said that using the terrace is a good solution, but they are not sure what the city
forester would do. Is there something that Plan Commission could require of the forester to do
with the terrace.
Mr. Slusarek said the city forester would be able to plant in the terrace depending on what was
done on the private side. They would like to complement what will be there.
Mr. Lyons said that through this planned development, the Plan Commission could not require the
city forester to put in plantings, but they did agree there should be some.
Mr. Mitchell asked if there is a way to quantify the 540 points, which equals x number of
arborvitae and the remainder could be subtracted from what the forestry determines is possible
along the terrace.
Mr. Lyons said that if they leave the condition that final landscape plan approved by community
development, it gives some flexibility. We need to have an enforceable condition, so leaving out
any subjectivity.
Ms. Propp asked what doubling the amount of landscaping would do.
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Plan Commission Minutes 5 October 18, 2022
Mr. Lyons said that if six trees were done as tall evergreens, those are 40 points each which would
equate to a dozen shade trees if those were the chosen species.
Mr. Gierach said that in the 1960’s, the school district and the city were one entity. There are public
storm sewers not in an easement on school district property outside of the right of way, behind
where the press box is located. Adding significant amount of landscaping would not be beneficial
to the utility long term. This doesn’t prohibit anything being planted, but could limit.
Mr. Mitchell said that data should’ve been in the staff report and if it changes anything in their
plan.
Mr. Lyons said it doesn’t impact their current plan. Planting trees to the north and the south where
there is more room would be a better option than behind the press box.
Ms. Davey asked if there are no utilities between the storm sewer and the street.
Mr. Lyons said there are no public utilities, but that doesn’t mean there aren’t any private utilities.
He asked Mr. Mitchell if he was okay with the trees being to the north and the south of the press
box.
Mr. Mitchell said yes.
Motion by made by Mitchell to amend the landscaping condition to include 540 landscaping points with six
evergreen trees in proximity to the press box with subject to utility locations.
Seconded by Davey.
Mr. Perry asked if there was any discussion on the motion.
Ms. Scheuermann asked Mr. Mitchell’s idea was to shade the press box and if that would even be
accomplished with trees to the north and the south.
Mr. Mitchell said that ideally the trees would have the press box shielded from all of the residents,
but since that’s not possible, it could still benefit other residents.
Motion to amend lost 4-5 (nay Kiefer, Propp, Scheuermann, Loewenstein, Perry)
Motion carried 8-1 (Nay Mitchell)
II. SPECIFIC IMPLEMENTATION PLAN FOR A COMMERCIAL DEVELOPMENT AT
2101 W 9TH AVENUE
Site Inspections Report: Mr. Mitchell, Ms. Davey, Mr. Loewenstein, Mr. Kiefer and Ms.
Scheuermann reported visiting the site.
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Plan Commission Minutes 6 October 18, 2022
Staff report accepted as part of the record.
The applicant requests approval of a Specific Implementation Plan for a commercial development
at 2101 W 9th Avenue.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The applicant is proposing development of a drive-thru
restaurant/coffee shop (Scooter’s). The proposed development is a permitted use in the SMU
district and is consistent with the approved GDP for a drive-thru commercial use on the subject
site.
This proposal was discussed at a Plan Commission workshop on July 19, 2022. Plan Commission
voiced support for the concept plans and recommended that the drive-thru pick up window not be
on the street side of the building and that cross access drives be provided to the neighboring
properties if possible. Staff recommends approval with the findings and conditions as stated in the
staff report.
Mr. Perry opened up technical questions to staff.
Mr. Kiefer asked where the dumpster is located and what materials are acceptable.
Mr. Slusarek said it has to be wood or a material used on the exterior of the building.
Mr. Lyons said they are looking for consistency with the design of the building.
Mr. Mitchell asked if there was any concerns about a left turn from the southern entrance to the
site.
Mr. Lyons said it is just past the roundabout.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
There were no public comments on this item.
Mr. Perry closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Ford to adopt the findings and recommendation as stated in the staff report.
Seconded by Kiefer.
Mr. Perry asked if there was any discussion on the motion.
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Plan Commission Minutes 7 October 18, 2022
Motion carried 9-0.
There being no further business, the meeting adjourned at approximately 5:41 pm. (Kiefer/Propp)
Respectfully Submitted,
Mark Lyons
Planning Services Manager