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Plan Commission Minutes 1 August 20, 2024
PLAN COMMISSION MINUTES
August 20, 2024
PRESENT: Kathleen Propp, Margy Davey, Karl Loewenstein, Ed Bowen, Meredith
Scheuermann, John Kiefer, Thomas Perry
EXCUSED: Joshua Belville, Council Member Nichols
STAFF: Mark Lyons, Planning Services Manager; Julie Calmes, Director of Finance; James
Rabe, Director of Public Works; Justin Gierach, Engineering Division Manager;
Brian Slusarek, Principal Planner; Katrina Malson, Office Assistant
Chairperson Perry called the meeting to order at 4:00 pm. Roll call was taken and a quorum
declared present.
Mr. Loewenstein arrived at 4:01pm.
The minutes of August 6, 2024 were approved as presented. (Davey/Kiefer)
I. PUBLIC HEARING: ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I)
TO SINGLE FAMILY RESIDENTIAL-9 DISTRICT (SR-9) AT 929 WINNEBAGO
AVENUE
Site Inspections Report: Ms. Propp, Ms. Davey, and Mr. Bowen 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 Single Family
Residential-9 district (SR-9).
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 petitioner is requesting a zone change of the former
Washington Elementary School site, along Winnebago Avenue and School Avenue. Common
Council recently approved a comprehensive land use map amendment from Community Facility
to Light Density Residential for the subject site. The proposed zone change to SR–9 will allow for
the site to be platted for single-family lots for workforce housing. The SR-9 zoning designation
matches the zoning of the surrounding residential properties, which allows for single and two-
family residential uses.
Staff recommends approval of the zone change with the findings listed in the staff report.
Mr. Perry opened up technical questions to staff.
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Plan Commission Minutes 2 August 20, 2024
Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements.
Mr. Perry asked if other members of the public wished to speak.
Betty Shrader, of 1034 School Avenue in Oshkosh, wondered when the property will be purchased
by the City and when will the property lines be established.
Mr. Slusarek stated the City is currently working with a consultant regarding the platting process.
Mr. Lyons stated the City has hired a surveyor and an engineering firm to begin the initial layout
to figure out laterals, storm water management, and potential lot lines. We should have a
preliminary plan in the next month or two. The City and Habitat will look at purchasing the
property sometime after September 3rd. We do not have an exact closing date.
Mr. Perry closed the public hearing.
There was no closing statement from the applicant.
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 7-0.
Items II.A and II.B were presented together with discussions after.
II.A. PUBLIC HEARING: ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I)
AND SINGLE FAMILY RESIDENTIAL-9 DISTRICT (SR-9) TO
INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY
(I-PD) AT 108 WEST NEW YORK AVENUE AND PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF WEST CUSTER AVENUE & KENTUCKY
STREET (PARCEL 1500740100)
Site Inspections Report: Ms. Propp, Ms. Davey, Mr. Loewenstein, Mr. Bowen, Ms. Scheuermann,
Mr. Kiefer, and Mr. Perry reported visiting the site.
Staff report accepted as part of the record.
The applicant requests a zone change from the existing Institutional district (I) and Single Family
Residential-9 district (SR-9) to Institutional district with a Planned Development Overlay (I-PD).
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Plan Commission Minutes 3 August 20, 2024
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 includes the former Merrill School site
and a vacant residential parcel north of that, with frontage on West New York Avenue, Kentucky
Street, Central Street, and West Custer Avenue. The applicant is requesting to have both of these
lots rezoned to Institutional district with a Planned Development Overlay (I-PD). The Oshkosh
Area School District (OASD) owns both of the properties. The zone change will allow them to
combine these two properties into one, tear down the existing school building, and establish
athletic facilities, for the neighboring Vel Philips Middle School, without providing additional
parking.
Staff recommends approval of the zone change with the findings listed in the staff report.
Mr. Perry opened up technical questions to staff.
Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements.
Jim Fox, representing the OASD at 1404 South Main Street in Oshkosh, made himself available for
questions. The OASD has decided to go with decorative fencing along West New York Avenue.
Mr. Perry asked if other members of the public wished to speak.
Ethan Newby, of 302 West New York Avenue in Oshkosh, stated his driveway comes onto
Kentucky Street. That street currently does not allow parking. He wants to know if there will be
any on-street parking allowed and/or a two-way lane road.
Mr. Slusarek stated the OASD believes they will not need much on-street parking based on having
the on-site parking at the school.
Mr. Gierach stated as part of the original Vel Philips Middle School development, the OASD did a
pretty intensive traffic impact analysis (TIA) of the area with the changes they were looking to
make. Part of that analysis was to flip the one-way pairs on Kentucky Street and Central Street to
help facilitate the traffic drop off and student pedestrian access to the school. Removal of the on-
street parking was done for safety. I do not see Kentucky being changed to a two-way as there is
not enough right-of-way for it. On-street parking is something that may be considered. We can
work with the Transportation Director to see if there is any availability, but as of right now there is
no plan for any changes.
Ms. Propp wondered if there was on-street parking on New York Street.
Mr. Gierach stated he thinks there is, but would have to look to verify.
Charles Williams, of 1416 Menominee Drive in Oshkosh, has concerns with if there is enough room
for this facility. He wants to know if setbacks are being reduced. There is no parking, no lighting,
and will it be big enough for what they’re going to do there.
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Plan Commission Minutes 4 August 20, 2024
Mr. Slusarek stated they are meeting all of the setbacks. They are under on the hard surface
requirements, actually about half of what they’d be allowed for impervious surfaces.
Mr. Perry closed the public hearing.
There was no closing statement from the applicant.
Motion by Davey 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 7-0.
II.B. GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN
FOR ATHLETICS FACILITY AT 108 WEST NEW YORK AVENUE AND
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WEST CUSTER
AVENUE & KENTUCKY STREET (PARCEL 1500740100)
Site Inspections Report: Ms. Propp, Ms. Davey, Mr. Loewenstein, Mr. Bowen, Ms. Scheuermann,
Mr. Kiefer, and Mr. Perry reported visiting the site.
Staff report accepted as part of the record.
The petitioner requests General Development Plan and Specific Implementation Plan approval for
an athletics facility.
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 includes the former Merrill School site
and a vacant residential parcel north of that, with frontage on West New York Avenue, Kentucky
Street, Central Street, and West Custer Avenue. The applicant is requesting to have both of these
lots rezoned to Institutional district with a Planned Development Overlay (I-PD). The Oshkosh
Area School District (OASD) owns both of the properties. The zone change will allow them to
combine these two properties into one, tear down the existing school building, and establish
athletic facilities, for the neighboring Vel Philips Middle School, without providing additional
parking. The athletics facility will include a track, football/soccer field, basketball courts, and a
storage building. According to the applicant, the site will primarily be used by students from the
adjacent school but will also be available for general use by the public.
A neighborhood meeting was held on August 13, 2024. Neighbors in attendance had several
questions, including questions related to facility amenities, public access, fencing, lighting,
surfacing and general use of the site. The neighbors did not voice opposition to the proposed use
or design of the site.
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Plan Commission Minutes 5 August 20, 2024
No scoreboards, field lights, or public address system is included in the design. The plan shows 6’
tall PVC privacy fencing along the residential properties to the north with some extending into the
25’ front setback along Central Street. Staff is recommending a BSM to allow this fencing within the
front yard setback as it is not within a driveway vision triangle and will further buffer the site from
the neighboring residences to the north. The plan also includes 6’ tall coated chain link fencing
around the basketball courts, which meet setback requirements. They are proposing 4’ tall coated
chain link fencing along West New York Avenue. Code prohibits chain link fencing in front yard
areas. The applicant will need to exchange the 4’ chain link fencing along West New York Avenue
for a permitted front yard fencing material (example: wrought iron or picket fence) or move the
chain link fencing out of the required 30’ setback area. At the neighborhood meeting, a neighbor
noted that decorative fencing was installed on the Vel Philips school site along Jackson Street and
recommended similar decorative fencing be used along West New York Avenue. Final fencing
material can be addressed during Site Plan Review.
The site does not include parking stalls. Based on the provided seating capacity (300 seats), code
would require a minimum of 75 parking spaces for the facility. The applicant is requesting a BSM
to allow 0 parking stalls. Staff does not have concerns with allowing 0 parking stalls on the site as
the facility will primarily be used by students of the adjacent school. The school parking lot will be
available for parking during after-school hours.
Landscaping is required for street frontage, yards and bufferyards. The plan is exceeding the
overall street frontage point requirement along Kentucky Street, and also meeting the 50% street
frontage medium tree requirement. The total point requirement is being exceeded along the
Central Street frontage, but the provided medium tree points are slightly less than the
requirement. Staff does not have concerns with that as they are preserving existing overstory trees,
which limits available space for medium trees. The provided landscaping along West New York
Avenue does not meet the total point requirement or medium tree requirement, but here they have
20’ X 20’ vision clearance triangles, limiting available area for plantings. To offset the requested
BSMs, the applicant is exceeding the total street frontage point requirement along both the Central
Street and Kentucky Street frontages.
A 0.2 opacity bufferyard is required along the neighboring Single Family Residential -9 (SR-9)
zoned properties to the north of the site. The applicant is providing a 25’ wide bufferyard along the
north property line along with a 6’ solid fence to meet the bufferyard requirement.
Staff recommends approval of the General Development Plan and Specific Implementation Plan
with the findings and conditions listed in the staff report.
Mr. Perry opened up technical questions to staff.
Ms. Davey commented about the existing large canopy trees that the applicant is keeping. In other
projects in the City sometimes they say they are keeping trees and they do not. What are the plans
to make sure, at this project, during the building demolition that they do not remove those trees.
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Plan Commission Minutes 6 August 20, 2024
Mr. Slusarek stated from a Planning and Zoning standpoint, they are likely going to need those
trees, because it provides them twice the point value of a new tree. It is advantageous for the
OASD to keep them for landscaping, but as long as they are meeting the points shown on their
plan we would it during site plan review. We cannot force them to keep their existing trees based
on this plan but they are meeting points by keeping them. If someone has a concern about the trees
they should talk to the OASD.
Ms. Scheuermann wondered about a facility like this being built and how parking would work
when there are events.
Mr. Lyons stated it is not a competition space. It is only for practice and gym class activity use.
Sport competitions will be held at other locations/facilities in the City that are appropriately sized
for competition events.
Mr. Loewenstein asked how many parking spaces are across the street.
Mr. Slusarek believes it exceeds 75 spaces.
Ms. Scheuermann stated that parking lot is also for staff at the school.
Mr. Slusarek stated that is correct.
Mr. Bowen had questions about drainage since this will be a grass field. He noted that Congress
Field is filled with water a lot.
Mr. Lyons stated as a redevelopment site this will have to go through site plan review and storm
water management requirements per City standards. Anything additional above that he will have
to defer to the OASD.
Mr. Perry opened public comment and asked if the applicant wanted to make any statements.
Geno Carlson, Senior Design Technician with Point of Beginning Inc. at 4941 Kirschling Court in
Stevens Point, wanted to reiterate that they will be swapping out the chain link fence on their plan
for decorative fencing along West New York Avenue. Regarding the storm water question that
came up, the intent of our design is to include sideline storm sewer along the interior of the field
since it is going to be a grass field. That will tie into the existing municipal storm sewer. At this
time, I am guessing it will all tie in on Central Street but we are not quite to that point in the design
yet.
Ms. Davey wondered if they are responsible for razing the building.
Mr. Carlson stated no, they will not be handling that. The OASD is handling that with someone
else.
Mr. Perry asked if any members of the public wished to speak.
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Plan Commission Minutes 7 August 20, 2024
Charles Williams, of 1416 Menominee Drive in Oshkosh, stated he has been concerns with the
tearing down of the school for two years. What he has heard from the OASD is that they need this
400-meter running track so they can compete with different schools and have this be a competitive
facility. This is the first time he has heard that they are only going to use it to supplement gym
classes. This is a two million dollar facility, there is no parking, limited parking, and it seems that it
is a big facility. We suggested they build a 200-meter track on the north half of this, or build on the
East Hall Fields on New York Avenue and Jackson Street, which is 8-acres. Vel Philips is squeezed
into where it is, and I guess the rationale is that they would not have to cross Jackson Street to get
to this location. He was hoping at least the front part of the Merrill School building could be reused
for something else, and not torn down.
Mr. Perry closed public comment and asked if the applicant wanted to make a closing statement.
Jim Fox, representing the OASD at 1404 South Main Street in Oshkosh, wanted to make a few
comments. The demolition team is aware of the trees that are to be kept. The track is being built
with the intent to enable Vel Philips students the ability to compete internally and have a fair
practice venue to fully prepare them for competitions elsewhere. During the day it will be used for
green space and physical education.
Mr. Lyons stated there are 147 parking stalls in the Vel Philips parking lot.
Motion by Davey to adopt the findings and recommendation as stated in the staff report.
Seconded by Loewenstein.
Mr. Perry asked if there was any discussion on the motion.
Ms. Propp commented that she finds it sad that the older portion of Merrill School is being torn
down, but understands why the OASD feels they need to do it, so she will support this proposal.
Motion carried 7-0.
III. 2025 CAPITAL IMPROVEMENT PROGRAM
Staff report accepted as part of the record.
Staff requests review and acceptance of the 2025 Capital Improvement Program (CIP).
Mr. Slusarek presented and stated the purpose of this review is for the Plan Commission to make a
determination of consistency regarding the proposed programs and activities within the 2025 CIP
with the City’s Comprehensive Plan, official maps, or other planned activities. Staff has reviewed
all proposed projects and activities and none have been identified as being contrary to the
Comprehensive Plan, official maps or other planned activities. Staff recommends acceptance of the
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Plan Commission Minutes 8 August 20, 2024
2025 CIP with a finding that listed projects are not in conflict with the City of Oshkosh’s
Comprehensive Plan.
Mr. Perry opened up technical questions to staff.
Motion by Davey to approve the 2025 Capital Improvement Program (CIP) with a finding that listed
projects are not in conflict with the City of Oshkosh’s Comprehensive Plan.
Seconded by Scheuermann.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 7-0.
PLANNING DIRECTORS REPORT
Mr. Slusarek stated on September 17th a review of the Comprehensive Outdoor Recreational Plan
(CORP) will come to Plan Commission, and we wanted to see who may want a hardcopy.
Ms. Propp, Mr. Bowen, Ms. Davey, and Mr. Kiefer were interested.
Mr. Bowen talked more about having hardcopies and/or pdf versions of various programs/plans.
There being no further business, the meeting adjourned at 4:36 pm. (Kiefer/Propp)
No workshops were held after the meeting.
Respectfully Submitted,
Mark Lyons
Planning Services Manager
ML/km