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Plan Commission Minutes 1 June 18, 2024
PLAN COMMISSION MINUTES
June 18, 2024
PRESENT: Margy Davey, Karl Loewenstein, Ed Bowen, Council Member Nichols, Kristopher
Ulrich, John Kiefer, Thomas Perry
EXCUSED: Meredith Scheuermann, Kathleen Propp
STAFF: Mark Lyons, Planning Services Manager; Brian Slusarek, Principal Planner; Jeff
Nau, Planner
Chairperson Perry called the meeting to order at 4:00 pm. Roll call was taken and a quorum
declared present. The meeting was held in Room 203, because the elevator was out of order.
The minutes of June 4, 2024 were approved as presented. (Ulrich/Davey)
Mr. Nichols arrived at 4:05pm.
I. RELEASE EASEMENT RIGHTS WITHIN VACATED RATH LANE AND A
PORTION OF VACATED UNNAMED STREET LOCATED AT THE EAST 1200-
1300 BLOCKS OF NORTH KOELLER STREET
Site Inspections Report: Ms. Davey, Mr. Bowen, Mr. Ulrich, and Mr. Kiefer reported visiting the
site.
Staff report accepted as part of the record.
The City of Oshkosh is requesting the release of easement rights over a Vacated Rath Lane and a
portion of Vacated Unnamed Street.
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 located at the northeast corner of
Oshkosh Avenue and North Koeller Street. This area has seen a lot of redevelopment in the last
several years including Lakeview Park to the north and Oshkosh Corp, and numerous commercial
developments along the Oshkosh Avenue corridor. The southern portion is developed with a
multi-tenant commercial building with associated amenities and the northern half is vacant. The
applicant submitted a Certified Survey Map to divide the lot to separate the developed portion
from the undeveloped portion. During review, staff realized a large area of the north half of the lot
contains two vacated streets: Rath Lane and a portion of an unnamed street which were vacated in
2019 and 2018, respectively. Wisconsin statutes condition that whenever a public right-of-way is
vacated, entities including the City maintain easement rights within the vacated area unless
formally released. The easement area prohibits construction of any type of structure that would
“encroach” into the vacated rights-of-way
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Plan Commission Minutes 2 June 18, 2024
The City is requesting the release of easement rights of the vacated rights-of-way located on the
subject lot. The Department of Public Works reviewed this request and determined all City
facilities within the vacated streets have either had their ownership transferred to the property
owner, have been removed or abandoned. Public Works also reported they do not see any future
need for municipal facilities within the private property. With that being said, the City’s easement
rights are no longer needed or necessary.
The City Attorney’s office will draft the necessary release of easement documents. The documents
will be recorded at the Winnebago County Register of Deeds after Common Council approval.
Staff recommends approval of the release of easement rights within vacated streets as requested.
Mr. Perry opened up technical questions to staff.
Mr. Kiefer asked if there is a sidewalk along Koeller Street.
Mr. Lyons stated yes. This is essentially the northern unnamed street. Early in the process of
laying this area out, we did the work of preplanning where a street would go. As it evolved the
location of the street moved to where you see North Koeller. We then vacated it however, as Jeff
mentioned, vacating it does not also release the statutory easement rights. We have to do both to
get it free and clear so development can take place.
Mr. Perry opened public comment and asked if any members of the public wished to speak.
Mr. Perry closed public comment.
There was no closing statement from the applicant.
Motion by Kiefer to adopt the findings and recommendation as stated in the staff report.
Seconded by Davey.
Mr. Perry asked if there was any discussion on the motion.
Mr. Loewenstein asked if there is a plan for that space yet.
Mr. Lyons stated when they did the original development, they had a plan for building in that area
in the future. We want to clear it up now, so there are no barriers when development is ready.
Motion carried 7-0.
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Plan Commission Minutes 3 June 18, 2024
II. APPROVE LAND ACQUISITION OF 0 FARMINGTON AVENUE (PARCEL
1250100000)
Site Inspections Report: Ms. Davey, and Mr. Ulrich reported visiting the site.
Staff report accepted as part of the record.
The City of Oshkosh is requesting approval to acquire the property located at 0 Farmington
Avenue (Parcel 1250100000) to create residential lots.
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 site is located at the east end of Farmington
Avenue. It is about five and a half acres in size. It is west of Jackson Street, and south of Snell
Road. Neighboring land uses are predominantly single-family uses to the west and north, vacant
land and commercial uses along the east and south.
The City is requesting to acquire the land for development of workforce housing. The City is
anticipating approximately 19 single-family residential lots. It will need to go through the
subdivision platting process. The City plans to work with a consultant to provide engineering for
the project. This is for workforce housing, kind of like the Washington School site.
Staff recommends approval of the proposed property acquisition of 0 Farmington Avenue (Parcel
1250100000) as requested.
Mr. Perry opened up technical questions to staff.
Council Member Nichols asked if this is similar to Washington School, where we will sell to certain
people and ensure it remains affordable. He also wondered if there would be a requirement to use
home designs out of the design book the City is creating, to keep costs low.
Mr. Lyons stated this is similar to Washington School, as it is for workforce housing, but we are not
partnering with Habitat on this one. There is an expectation that there will be deed restrictions to
maintain affordability as it moves forward. Conceptually here there would be no requirement to
use designs from the design book, as those are for in-fill housing in our older urban
neighborhoods. The subject area was largely developed late 90s, early 2000s, and are more modern
style homes.
Council Member Nichols asked if the City owns the two vacant lots to the east of the subject
property.
Mr. Lyons stated no, those lots were recently in front of Plan Commission for a zone change. The
property owner is considering contractor offices for those lots.
Ms. Davey stated most of the homes in this area appear to be ranch style, and is that what the City
would require.
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Plan Commission Minutes 4 June 18, 2024
Mr. Lyons stated we are envisioning matching the neighborhood. It would likely be ranches,
roughly 1,100 – 1,300 square feet in size. The lots are a little bigger than the Washington School
site.
Ms. Davey asked if any provisions were made for a park area.
Mr. Lyons stated the Comprehensive Outdoor Recreation Plan (CORP) calls for a park in this area.
Mr. Ulrich asked if there are any plans to acquire property to the south, in the SMU, that would
maybe have a road that hooked into Christian Drive, and then incorporated a bigger park at some
point.
Mr. Lyons stated yes, it is officially mapped for that road to connect through. We have had talks
with the owner of that property to discuss costs to acquire. We are looking for funding to do the
acquisition.
Mr. Ulrich wondered if there are any required standards for noise reduction.
Mr. Lyons stated there are standards for commercial, buffer yarding, but not residential.
Mr. Kiefer asked how they will get to Jackson Street, since Farmington Avenue does not go
through to it.
Mr. Lyons stated Anderson Street to Snell Road, which connects to Jackson Street.
Mr. Perry opened public comment and asked if any members of the public wished to speak.
Mr. Perry closed public comment.
There was no closing statement from the applicant.
Motion by Ulrich to adopt the findings and recommendation as stated in the staff report.
Seconded by Davey.
Mr. Perry asked if there was any discussion on the motion.
Mr. Perry asked if there are any future plans for upgrading Snell Road. With the current major
interstate construction there is a major increase in traffic along Snell Road.
Mr. Lyons stated East Snell was done recently, but will look to see if/when West Snell Road is in
the CIP (Capital Improvement Program). If it is not, he will bring it to the attention of DPW
(Department of Public Works).
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Plan Commission Minutes 5 June 18, 2024
Mr. Perry stated since we are adding more home in the area it would make sense to look into.
Motion carried 7-0.
PLANNING DIRECTORS REPORT
Mr. Lyons stated we have a quorum for the July 2nd Plan Commission (PC) meeting, during the
holiday week, so that meeting will go on as scheduled.
For the July 16th Plan Commission meeting, both our chair and vice-chair will not be in attendance.
Mr. Lyons consulted with the City legal department on what we do. Mr. Lyons will need to start
the meeting and we will need a motion for a chair, a second, and then vote.
There being no further business, the meeting adjourned at 4:18 pm. (Kiefer/Davey)
Respectfully Submitted,
Mark Lyons
Planning Services Manager
ML/km