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Plan Commission Minutes 1 November 7, 2023
PLAN COMMISSION MINUTES
November 7, 2023
PRESENT: Thomas Perry, John Kiefer, Ed Bowen, Mamadou Coulibaly, Margy Davey, Paul
Esslinger, Kathleen Propp, Meredith Scheuermann
EXCUSED: Karl Loewenstein, DJ Nichols
STAFF: Jeff Nau, Associate Planner; Brian Slusarek, Planner; Ray Maurer, Director of Parks;
Kelly Nieforth, Community Development Director
Chairperson Perry called the meeting to order at 4:00 pm. Roll call was taken and a quorum
declared present.
The minutes of October 17, 2023, were approved as presented. (Kiefer/Propp)
Mr. Bowen arrived at 4:04 pm.
I. GRANT DRAINAGE EASEMENT LOCATED AT THE NORTH 300 BLOCK OF
WEST 35TH AVENUE (PARCELS 1413670500 & 1413670400)
Site Inspections Report: No one reported visiting the site.
Staff report accepted as part of the record.
Marmax Holdings, LLC is requesting the acceptance of a drainage easement from the City of
Oshkosh.
Mr. Nau presented the items and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. The subject site consists of two City-owned outlots east of
and adjacent to 3300 Medalist Drive. An unnamed creek flows north through the eastern City-
owned outlot. Plans were recently approved for personal storage buildings at the southeast corner
of 3300 Medalist Drive. The approved drainage plan for the development requires surface flow to
exit the site as well as existing water that flows off the site and then flows northeasterly until it
enters the creek on city property. The Department of Public Works is agreeable to the runoff as it
is a pre-existing condition and required for their grading and drainage plan to operate properly.
The proposed easement covers the northern portions of Outlot 2 of CSM 5485 and Outlot 2 of CSM
5186. The easement is irregularly shaped, approximately 250 feet wide by 500 feet deep and
approximately 122,025 square feet (2.801 acres) in area. The petitioner will be allowed to use the
easement area as part of the storm water management plan and allow water to flow into, over, and
exit the site into the stream. The City Attorney’s Office is in the process of finalizing the necessary
easement documents. The Department of Public Works is in support as it is going to alleviate a
pre-existing condition. Staff recommends approval of the granting of the proposed drainage
easement as requested.
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Plan Commission Minutes 2 November 7, 2023
Mr. Perry opened up technical questions to staff.
No statement from the owner, the City of Oshkosh.
Mr. Perry asked for any public comments.
Mr. Perry closed public comments.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Scheuermann.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 8-0
II. ACCEPT PARK TRAIL EASEMENTS FROM PROPERTIES GENERALLY
LOCATED AT 1970 PRESERVE DRIVE (CONDOMINIUM PLAT OF THE
PRESERVE AT SAWYER CREEK)
Site Inspections Report: No one reported visiting the site.
Staff report accepted as part of the record.
The City of Oshkosh Parks Department is requesting the acceptance of park trail easement from
The Preserve at Sawyer Creek Condominium Owner’s Association, Inc.
Mr. Nau presented the items and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. The subject site is an existing condominium development
consisting of 24 single-family dwellings accessed by a private road (Preserve Drive) off of West 20th
Avenue. The development began construction in late 2019 and is now fully developed. The plat
identified a 15-foot-wide pedestrian easement (granted to the City in 2008) starting from West 20th
Avenue, and then wrapping around the northern section of the property, and then exiting to Rusch
Park. Construction is to begin later this year for a pedestrian trail going through Rusch Park and
will be connected to the proposed easement. The applicant is asking for an additional pedestrian
easement which will connect from Preserve Drive at the northern cul-de-sac bulb and run between
units 1800 and 1813 units, and connect to the future trail in Rusch Park. There are two easements
in play for this site. The first easement is the pedestrian path trail which runs from Preserve Drive
all the way up to Rusch Park. The second easement is a temporary construction easement which
gives the City a little more area to construct and maintain the easement. Both proposed easements
are located over an existing sanitary sewer easement granted to the City in 2008. The functionality
of the sanitary sewer easement will not be impacted by the new easements. The pedestrian trail
would run down a ten foot wide gap between units 1800 and 1813. Staff recommends approval of
the acceptance of the two easements as requested.
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Plan Commission Minutes 3 November 7, 2023
Mr. Perry opened up technical questions to staff.
Ms. Scheuermann wondered if this was planned all along when the condominiums were built.
Mr. Nau stated back in the early 2000s the City acquired a pedestrian easement along the northern
part of the Preserve Drive area knowing that eventually Rusch Park would have some passive
recreational uses and then eventually connect to Carl Traeger School. The easement was already in
play when the condominiums were initially sold.
Ms. Scheuermann wondered if the owners of units 1800 and 1813 were asked their opinions on
this.
Ray Maurer, Parks Director, stated he has been working with the condominium association
ownership, for almost a year, on the plans for this. His understanding is when people were
purchasing lots in this subdivision that they were being informed at that time that there would be
a connection in this location. Residents have come to the City Council during the last two years,
during the CIP process, requesting a connection to the Rusch Park trail system. The condo
association took a vote on the easement and 19 were in favor, 2 opposed, and 2 abstained.
No statement from the owner, the City of Oshkosh.
Mr. Perry asked for any public comments.
Darrell McGill, 1841 Preserve Drive, lives within this association and he is a member. He is the
former board member who worked with the Parks Director on initiating this plan with the City.
His neighborhood does not have a sidewalk along 20th Avenue, so there is no way to walk along
20th. In lieu of that they have asked the City to at least provide a pathway to be able to
recreate/walk, and allow the children to commute to school, without being subjected to traffic
along 20th Avenue that exceeds the 35 miles-per-hour speed limit. It is a safety issue.
Jim Preller, 1813 Preserve Drive, resident of the subdivision and owns one of the properties
adjacent to the path. It is true they were told about the path right from the get-go during the
purchasing process. They still want the bike/walking path. He is concerned with what the path
will actually be. No concern from where it enters in from Preserve Drive but when it makes the
turn. He understands that part of it will be gravel and not blacktop and that is a concern, as the
rest of the Rusch Park trail path is all asphalt. There is an existing trail easement on the north side
of their small north pond and he is wondering if that will also be built.
Mr. Maurer referenced the Rusch Park Master Plan, developed in 2018, available of the City
website: https://www.ci.oshkosh.wi.us/Parks/ParkPlans/RuschParkMasterPlan.pdf (Page 11). The
trail system is pretty extensive throughout this western section of Rusch Park. The City has to do it
in phases based on available funding, and CIP projects, because it is an expensive endeavor. Based
on neighbor requests, the City’s first priority was to get the main artery from just north of the
Traeger School property to the corner of the Preserve subdivision. Residents were asking for the
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Plan Commission Minutes 4 November 7, 2023
trail connection for safety. The north trail easement that Mr. Preller was questioning is still
planned, but when it will happen depends on funding. The City is finding it more difficult to get
the trail in along the creek because the area is becoming more of a wetland with all the
development taking place in the area. That is not saying it cannot be done.
Mr. Preller canvassed the rest of Rusch Park trail and looked at all the entrances and exits. Each
one is very well developed, and has man-made infrastructure as well as vegetative buffers. As he
understands it, theirs does not have a plan for that. He and his neighbor on the other side of the
trail have not been contacted to discuss that aspect. He welcomes any and all discussion as it will
be in his backyard.
Mr. Perry reminded everyone that we are only talking about the easement at this time and not
what it is made of, or how it is going to be landscaped.
Mr. Perry closed public comments.
No closing statement from the applicant.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Coulibaly.
Mr. Perry asked if there was any discussion on the motion.
Mr. Perry hopes that beyond this there is thoughtful consideration of working with the condo
homeowner’s association on what this will eventually look like as a finished product.
Motion carried 8-0
III. GENERAL DEVELOPMENT PLAN AMENDMENT AND SPECIFIC
IMPLEMENTATION PLAN FOR A HOSPITAL DEVELOPMENT AT
NORTHWEST CORNER OF OREGON STREET & WEST 6TH AVENUE (PARCEL
0900010000)
Site Inspections Report: Ms. Scheuermann, Mr. Kiefer, Mr. Esslinger, and Ms. Davey reported
visiting the site.
Staff report accepted as part of the record.
The petitioner requests approval of a General Development Plan (GDP) amendment and Specific
Implementation Plan (SIP) for a hospital development at the northwest corner of Oregon Street
and West 6th Avenue.
Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The subject area consists of a 21.38 acre vacant property
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Plan Commission Minutes 5 November 7, 2023
with Fox River frontage at the northwest corner of West 6th Avenue and Oregon Street. The site is
zoned Riverfront Mixed Use District with Planned Development and Riverfront Overlays (RMU-
PD-RFO). The surrounding area consists primarily of residential uses to the south and west along
with commercial uses along Oregon Street. A General Development Plan was approved for the
proposed hospital development on November 22, 2022. The approval included a condition that all
requested base standard modifications (BSM) will be addressed as part of the Specific
Implementation Plan (SIP) application.
The applicant is proposing an 18 bed hospital and medical office building with an ambulatory
surgery center. The proposed use is consistent with the approved General Development Plan. The
proposed plans were discussed at a Plan Commission workshop on September 19, 2023, with Plan
Commission voicing support of the proposal. A neighborhood meeting was held on September 14,
2023 with neighbors supportive of the project. The proposed hospital use is considered an indoor
institutional use, which is prohibited in the RMU district. Staff is supportive of a base standard
modification (BSM) to allow the proposed land use as it is consistent with 2040 Comprehensive
Plan goal of supporting expansion of industry clusters that have high growth potential based on
the Oshkosh region’s assets, which includes Healthcare/Medical. The use is also consistent with
South Shore West (Center City) subarea desired land uses, which includes medical practices.
The site will have two accesses off of West 6th Avenue and will have parking lots on both the east
and west sides of the building as well as an ambulatory drop-off on the northeast end of the
building and a pharmacy drive-through on the south side of the building. This is a modification
from the approved GDP, which had the building and parking lot further to the east, along Jackson
Street. Staff is supportive of the revised site plan as a larger setback from Oregon Street will allow
for sufficient space to be maintained for future Oregon Street bridge re-construction in 2029.
According to the applicant, industry standards require 4 stalls per bed for hospitals and 1 stall per
250 sq. ft. of the building’s gross floor area for medical office building/ambulatory surgery center.
A total of 312 parking stalls are needed. The plan includes a total of 321 parking stalls to meet this
requirement. A traffic impact analysis (TIA) was completed for the site. Staff reviewed the TIA
and did not note any concerns with the plans as they relate to the TIA.
The applicant is requesting a base standard modification (BSM) to allow the pharmacy drive-
through pick-up window on the south façade, facing West 6th Avenue, where code prohibits drive-
through windows from being located between the principal building and the street right-of-way.
Staff is supportive of the requested BSM as the pick-up window will be in the most suitable
location as it will not face the riverfront or Oregon Street and will not obstruct parking/circulation
for the site. Additional yard landscaping has been provided on the street side of the pick-up
window which serves to offset the requested BSM. Also, the significantly increased setback of
approximately 110’ from the West 6th Avenue right-of-way mitigates the impacts of the drive-
through window on a street-facing side of the building.
The applicant is requesting a BSM to allow increased waterfront setback to 80’, from the maximum
setback of 45’ from the ordinary high water mark for the RMU district. The applicant has stated
that the increased setback is needed due to contaminated soils along the river and is also intended
to allow additional privacy to the hospital patients from the public Riverwalk. Staff does not have
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Plan Commission Minutes 6 November 7, 2023
concerns with this setback increase as the maximum setback is intended for water-oriented
commercial uses. A waterfront presence would not typically be associated with a hospital land
use.
The site plan includes a medical gas tank storage area on the west side of the western parking area
for storage of tanks up to 15’ in height. The proposed enclosure will be constructed of 8’ tall metal
panel fencing to match metal panels used on the building. The applicant is planting evergreen
trees around the perimeter of the fencing to further screen the enclosure from view.
The applicant has noted that the existing building located at the northeast corner of West 6th
Avenue and Iowa Street is intended to remain at this time and will be maintained. At this time the
applicant is reviewing options for the remaining undeveloped area of the site. Staff suggest
adding a condition to the approval that the remaining undeveloped portion of the property will
need to be maintained in compliance with City of Oshkosh ordinances.
The landscape plan meets all building foundation landscaping, paved area, and street frontage
point requirements. The applicant is requesting a BSM to allow street frontage landscaping to
planted further than 10’ from the West 6th Avenue and Oregon Street right-of-way lines.
According to the applicant, the increased distance from the street is needed along West 6th Avenue
due to the presence of impacted soils in this area. They are proposing the increased distance along
Oregon Street to accommodate future construction of the Oregon Street bridge. Staff does not have
concerns with the requested BSMs as they are needed due to unique site circumstances related to
contaminated soils and the proximity to the Oregon Street bridge. The landscape plan is exceeding
the landscaping points requirement. Although the residences to the southwest of the site
immediately abutting the development are zoned RMU, staff is recommending that the 0.4 opacity
bufferyard be applied to mitigate the impacts of the development on these residences. To meet
this bufferyard requirement, the applicant has provided a 30’ setback along with a solid row of
Arborvitae trees along the property line, along with additional deciduous trees.
The applicant has not submitted finalized signage plans. The proposed site plan includes a
monument sign along West 6th Avenue and the provided building elevations show wall signage on
the north, east, south, southeast, and northeast facades. The monument sign meets the 10’ street
side setback requirement and the wall signage appears to be within the maximum sign area of 1 sq.
ft. per linear foot of building frontage. Final signage plans will need to meet RMU district signage
standards and will be reviewed under a separate permit for signage.
The photometric plan meets the minimum lighting level for all parking/drive areas. Lighting
levels do not exceed the maximum of 0.5 fc at the property lines and 1.0 fc at the right-of-way line.
The fixtures will be full cut-off fixtures and will have a height of 20 ft., which is under the
maximum fixture height of 23’ (including base) for the RMU district. The fixtures will be shielded
so that the lighting elements are not visible from neighboring residential properties.
The proposed elevations include a combination of glass, brick veneer, wood composite panel, and
metal panels. The submitted building elevations are meeting the 70% Class I material requirement
on all facades, with the exception of the west hospital façade, which includes 67.5% Class I
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Plan Commission Minutes 7 November 7, 2023
materials. According to the applicant, the reduced Class I materials on this façade are the result of
the west delivery and services area, which also includes screened mechanical and storage areas.
Staff is supportive of the requested BSM as this part of the building will be least visible from the
streets and riverfront and will only be minimally (2.5%) less than the code requirement. The
applicant has offset the request as the overall building façade area for the site exceeds the 70%
requirement by 4.2%.
The building facades meet window/door area requirements except for the west hospital façade (5%
first floor, 13.2% upper floor), north clinic ground floor façade (0%), and south clinic ground floor
façade (16.4%). As previously noted, the west hospital façade is utilized as a delivery and services
area. The applicant has noted that windows on this façade are not desirable based on the interior
functions of the mechanical and storage areas. The ground floor of the north-facing clinic façade
also includes mechanical/storage and delivery area, which would not benefit from window area.
For the south clinic facades, the interior functions along the ground floor are for patient surgery
prep and recovery spaces which need privacy due to their function. To compensate for the
window reductions on these façade areas, the applicant has exceeded the overall first floor
window area requirement for the site by 10% and overall upper floor window area requirement by
6%. Staff is supportive of the reduction of window area on these particular facades as they would
be better suited with the reduced window area and the applicant has increased window areas in
other façade areas to compensate for the reduction.
The Riverfront Overlay District also specifies that at least one functional entrance is required on
the waterfront facade. The plans do not include an entrance on the north building facade. Staff is
supportive of a BSM to allow this facade without an entrance as a waterfront entrance would not
typically be associated with a hospital land use. The RFO standards also state that if a riverwalk
path is present, a minimum 5-foot wide paved pedestrian path shall be provided that connects the
riverwalk path to the waterfront entrance. The proposed plans show a sidewalk being provided
from the site to the Riverwalk to meet this requirement.
Staff is comfortable that the applicant has adequately offset the requested BSMs and the overall site
is complimentary to the surrounding area. Staff recommends approval of the General
Development Plan Amendment and Specific Implementation Plan with the findings and
conditions listed in the staff report
Mr. Perry opened up technical questions to staff.
Mr. Perry asked if the owner/applicant wanted to make any statements.
A Power Point presentation was given by the three people listed below.
https://www.ci.oshkosh.wi.us/WebLink/DocView.aspx?id=1157802&dbid=0&repo=Laserfiche
Lynn Detterman, Senior Vice President of ThedaCare South Region, at 130 Second Street in
Neenah. She runs the trauma and stroke hospital in Neenah.
Ryan Marks, Vice President Facility Planning and Development with Froedtert and the
Medical College of Wisconsin, 9200 West Wisconsin Avenue in Milwaukee.
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Plan Commission Minutes 8 November 7, 2023
Tim Scanley, Design Architect with HGA Architects, 333 East Erie Street in Milwaukee.
Mr. Perry asked for any public comments.
John Ramsey, of 313 West 6th Avenue, received a notice in the mail and wanted to see what the
hospital would look like.
Paulette Feld, of 416 West 5th Avenue, is a chairperson on the neighborhood association in this
area. She said they have been kept informed since day one. There have been no substantial
concerns brought to her attention by the neighbors. She is looking forward to the hospital and
could not ask for anything better to be built here.
Mr. Perry asked if the owner/applicant wanted to make a closing statement.
Tom Arquilla, Chief Strategy Officer of ThedaCare, 1 Neenah Center in Downtown Neenah. He
wanted to thank the City staff. They have been incredible to work with. The professionalism is
exceptional. He thanked the neighbors and said they would continue to get their feedback.
Mr. Perry closed public comments.
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.
Ms. Propp finds this very attractive. The neighbors are happy and it will be so much better than
what is there now.
Ms. Scheuermann stated ThedaCare has done an incredible job of talking to the community and
neighbors since day one.
Motion carried 8-0
PLANNING MANAGERS REPORT:
UPDATE ON LAKE BUTTE DES MORTS DEVELOPMENT
Kelly Nieforth, Community Development Director, wanted to inform the Plan Commission
members that Council had a resolution, at their last meeting on October 24th, requesting that Lake
Butte des Morts development for the multi-family units come back through Plan Commission and
Council. They would like to review it again. This was reviewed previously by Plan Commission
in which they approved the GDP and SIP as presented, whereas Council then decreased the
number of stories from four to three. Council would now like it to be four stories. Plan
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Plan Commission Minutes 9 November 7, 2023
Commission will be reviewing this on November 21st. Staff will be adding information as to what
has happened since you first reviewed it, but otherwise everything else is the same.
Mr. Perry wanted to know what the housing development plan is and how it would be impacted.
Ms. Nieforth stated that could certainly be included in the meeting.
Ms. Davey asked if there would be another neighborhood meeting before November 21st.
Ms. Nieforth stated Council decided, since the plan is not changing from what was originally
proposed, that there will be no neighborhood meeting.
Mr. Perry stated the neighbors have been informed.
There being no further business, the meeting adjourned at 4:59 p.m. (Kiefer/Propp)
Respectfully Submitted,
Mark Lyons
Planning Services Manager