HomeMy WebLinkAbout06. 20-439 NOVEMBER 10, 2020 20-439 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE CONDITIONAL USE PERMIT AMENDMENT TO
ALLOW AN INSTIUTIONAL RESIDENTIAL USE AT 851 COUNTY
ROAD Y
INITIATED BY: WINNEBAGO COUNTY
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, the Plan Commission finds that the Conditional Use Permit
amendment to allow an institutional residential use at 851 County Road Y, is consistent
with the criteria established in Section 30-382(F)(3) of the Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a conditional use permit amendment is hereby approved to allow an
institutional residential use at 851 County Road Y, per the attached, with the following
condition:
1. The residence is limited to maximum of two (2) occupants.
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!w city
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons
Planning Services Manager
DATE: November 5, 2020
RE: Approve Conditional Use Permit Amendment to Allow an Institutional
Residential Use at 851 County Road Y (Plan Commission Recommends
Approval)
BACKGROUND
The subject site is located on the south side of County Road Y,west of Jackson Street.The subject
parcel is about 7200 sq. ft. in size and is adjacent to several Winnebago County buildings
including the Sherriff's Department, Highway Department and Solid Waste/Recycling Transfer
Station.
ANALYSIS
In December 2018, a conditional use permit was approved to establish an institutional
residential facility for a County resident convicted of a sexual offense (Wis. Stat. 980) and
deemed ready for release. The Conditional Use Permit (CUP) approval included a condition
that the residential structure is limited to a maximum density of one (1)occupant and maximum
of two (2) bedrooms. A manufactured home was installed on the site in 2019 and currently
houses one resident. The applicant is now requesting a CUP amendment to allow a second
resident, also convicted of a sexual offense (Wis. Stat. 980) and deemed ready for release. The
existing home has two bedrooms and no construction or alterations to the property are
anticipated. The applicant notes that due to the particular resident intended to be housed at the
site, state law imposes some limits on what can be located within a certain proximity of the
subject parcel. In particular, schools, child care facilities, public parks, places of worship or
youth centers cannot be located within 1,500 feet of the parcel. As the applicant owns the
surrounding land beyond 1,500 feet from the parcel,the applicant can reasonably guarantee that
land within that proximity will not be used for these purposes.
Staff is in support of the CUP amendment for the institutional residential use as the proposed
use has already been established on the site, which is an appropriate location based on the
surrounding County government land uses. No plans have been submitted for the site or facility
City Hall,215 Church Avenue P.O. Box 1 130 Oshkosh,WI 54903-1 130 920.236.5000 http://www.ci.oshkosh.wi.us
as the only change to the site will be an added resident at the existing manufactured home. Any
future changes to the site will require site plan review approval.
RECOMMENDATION
The Plan Commission recommended approval of a Conditional Use Permit amendment with
findings and a condition at its November 3, 2020 meeting. Please see the attached staff report
and meeting minutes for more information.
Respectfully Submitted, Approved:
Mark Lyons Mark A. Rohloff
Planning Services Manager City Manager
City Hall,215 Church Avenue P.O. Box 1 130 Oshkosh,WI 54903-1 130 920.236.5000 http://www.ci.oshkosh.wi.us
ITEM: CONDITIONAL USE PERMIT AMENDMEMT FOR AN INSTITUTIONAL
RESIDENTIAL USE AT 851 COUNTY ROAD Y
Plan Commission meeting of November 3, 2020.
GENERAL INFORMATION
Applicant/Property Owner: Winnebago County
Action(s) Requested:
The applicant is requesting a Conditional Use Permit amendment for an institutional residential use
with a second occupant at 851 County Road Y.
Applicable Ordinance Provisions:
Institutional residential uses are permitted only through a conditional use permit in the Institutional
District(I) as regulated in Section 30-50 (C) of the Zoning Ordinance. Criteria used for Conditional Use
Permits are located in Section 30-382 of the Zoning Ordinance.
Property Location and Background Information:
The subject site is located on the south side of County Road Y, west of Jackson Street. The subject parcel
is about 7200 sq. ft. in size and is adjacent to several Winnebago County buildings including the
Sherriff's Department,Highway Department and Solid Waste/Recycling Transfer Station.
Subject Site:
Existing Land Use Zonin
Government(County) I
Adjacent Land Use and Zoning:
Existing Uses Zonin
North Landfill HI
South Vacant/Agriculture MR-12 PD
West Institutional I
East Residential MR-20 PD &DR-6
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Community Facility
ANALYSIS
In December 2018, a conditional use permit was approved to establish an institutional residential
facility for a County resident convicted of a sexual offense (Wis. Stat. 980) and deemed ready for
release. The CUP approval included a condition that the residential structure is limited to a maximum
density of one (1) occupant and maximum of two (2)bedrooms.
A manufactured home was installed on the site in 2019 and currently houses one resident. The
applicant is now requesting a CUP amendment to allow a second resident, also convicted of a sexual
offense (Wis. Stat. 980) and deemed ready for release. The existing home has two bedrooms and no
construction or alterations to the property are anticipated. The applicant notes that due to the particular
resident intended to be housed at the site, state law imposes some limits on what can be located within
a certain proximity of the subject parcel. In particular, schools, child care facilities, public parks, places
of worship or youth centers cannot be located within 1,500 feet of the parcel. As the applicant owns the
surrounding land beyond 1,500 feet from the parcel, the applicant can reasonably guarantee that land
within that proximity will not be used for these purposes.
Staff is in support of the CUP amendment for the institutional residential use as the proposed use has
already been established on the site, which is an appropriate location based on the surrounding County
government land uses. No plans have been submitted for the site or facility as the only change to the
site will be an added resident at the existing manufactured home. Any future changes to the site will
require site plan review approval.
RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Conditional Use
Permit, staff recommends the Plan Commission make the following findings based on the criteria
established by Chapter 30-382 (F)(3):
(1) Is in harmony with the Comprehensive Plan.
(2) Would not result in a substantial or undue adverse impact on nearby property, the character of
the neighborhood, environmental factors, traffic factors, parking, public improvements, public
property or rights-of-way, or other matters affecting the public health, safety, or general
welfare.
(3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as
related to the environs of the subject property.
(4) The conditional use is located in an area that will be adequately served by, and will not impose
an undue burden on,any of the improvements,facilities,utilities or services provided by public
or private agencies serving the subject property.
(5) The potential public benefits outweigh any potential adverse impacts of the proposed
conditional use, after taking into consideration the applicant's proposal and any requirements
recommended by the applicant to ameliorate such impacts.
Staff recommends approval of the proposed Conditional Use Permit amendment for an institutional
residential use with a second occupant at 851 County Road Y. as proposed with the findings listed
above and the following condition:
1. The residence is limited to maximum of two (2) occupants.
The Plan Commission approved of the Conditional Use Permit as requested with findings and a
condition noted. The following is the Plan Commission's discussion on this item.
Site Inspections Report: No commissioners reported visiting the site.
Staff report accepted as part of the record.
The applicant is requesting a Conditional Use Permit amendment for an institutional residential use
with a second occupant at 851 County Road Y.
Item I—CUP Amendment Institutional residential—851 W County Road Y
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and
zoning classifications in this area. In December 2018, a conditional use permit was approved to
establish an institutional residential facility for a County resident convicted of a sexual offense (Wis.
Stat. 980) and deemed ready for release. The CUP approval included a condition that the residential
structure is limited to a maximum density of one occupant and maximum of two bedrooms. The
applicant is now requesting a CUP amendment to allow a second resident, also convicted of a sexual
offense (Wis. Stat. 980) and deemed ready for release. The existing home has two bedrooms and no
construction or alterations to the property are anticipated. The applicant notes that due to the particular
resident intended to be housed at the site, state law imposes some limits on what can be located within
a certain proximity of the subject parcel. In particular, schools, child care facilities, public parks, places
of worship or youth centers cannot be located within 1,500 feet of the parcel. As the applicant owns the
surrounding land beyond 1,500 feet from the parcel, the applicant can reasonably guarantee that land
within that proximity will not be used for these purposes. No plans have been submitted for the site or
facility as the only change to the site will be an added resident at the existing manufactured home. He
said that staff is in support of the CUP amendment for the institutional residential use as the proposed
use has already been established on the site, which is an appropriate location based on the surrounding
County government land uses.
Ms. Propp opened technical questions to staff.
Mr. Perry asked if the applicant is the provider or the county.
Mr. Lyons replied that the applicant is the county.
Ms. Propp opened up the public hearing and asked if the applicant wanted to make any statements.
Ms. Mary Anne Mueller thanked the commission for their time and consideration. She said that the
county was here a couple of years ago due to the state statute and legislature basically putting the onus
on the county to find housing for 980 sex offenders. There are a number of requirements that need to be
met and they thought that this location, which is actually on county-owned land, was the best location
given that it was in the shadow of the Sherriff's Office and it was not near residential housing. As staff
indicated, there are two bedrooms there and they are only asking to use the other bedroom because
there is one resident in the manufactured home currently. They believe the people who are in that
home are strictly monitored, so there are not comings and goings. She explained that 980s are deemed
serious sex offenders, so they are not allowed to leave the premises during the first year without a
parole officer. They are basically trying to react to what the state has done with their legislation. She
said they do not believe there is going to be any impact and they would also be able to satisfy the law.
There were no public comments on this item.
Mr. Perry stated that he had concerns about this two years ago and he has concerns about this now. His
main concern is with the contractor who is contracting with the county. Due to the pandemic,
organizations that run these types of operations have a very challenging time finding sufficient staffing
for these facilities. Mr. Perry asked Ms. Mueller if there were significant safeguards in place like direct
wiring to the Sherriff's Office or a panic button, adding that leaving a single staff person on site because
staff called in sick is a recipe for a disaster.
Item I—CUP Amendment Institutional residential—851 W County Road Y
Ms. Mueller replied that this mobile home is owned by the county. They do not have anyone managing
it and there is no staffing. The occupants have electronic monitoring through the Department of
Human Services and the Sherriff passes by throughout the day. There have been no issues in regards to
the existing occupant. The county owns the facility and they run it,but the state manages the electronic
monitoring and the state has direct links into all of the neighboring institutions that would be
providing coverage for this. She said that more telling is the fact that they have had no issues with the
occupant currently there.
Mr. Perry thanked Ms. Mueller for the information, adding that when the commission was approached
two years ago, the county clearly said that they would be contracting with a provider to do the
monitoring and potential staffing. He said that the information Ms. Mueller provided is a little different
from what was provided previously.
Ms. Propp closed the public hearing 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.
Condition:
1. The residence is limited to maximum of two (2) occupants.
Seconded by Davey.
Ms. Propp asked if there was any discussion on the motion.
There was no discussion on the motion.
Motion carried 9-0.
Item I—CUP Amendment Institutional residential—851 W County Road Y
�IBMIT TO:
Cityof Oshkosh Application �tl°f Community Development
pp 215 ch Ave.,P.O.Box 1 130
Cilol " • • Oshkos �consin 54903-1130
Oshkosh Conditional Use Permi p2��NE:(92( 7��59
""PLEASE TYPE OR PRINT USING BLACK INK"" Z 112
(,
APPLICANT INFORMATION Petitioner: WINNEBAGO COUNTY §,ate: I v Z z o
Petitioner's Address: 448 ALGOMA BOULEVARD City: OSHKOSH State:WI I Zip:5419A1
Telephone #: (920) 236-4754 — Email ueller@co Contact preference: ❑ Phone MR Email
winnebago. i
Status of Petitioner (Please Check):; O ner El p esettat e Want ❑ Prospective Buyer
Petitioner's Signature (required): I Date:
W nn fo C y ary Anne Mueller, Corporation Counsel
OWNER INFORMATION
Owner's): WIp . ;0 Col Date:
Owner(s) Address: 4418 ALGA:BOULEVARD City: OSHKC)SH State:WI Zipa94190_
Telephone#: (920);236-4754 Email: mmueller@co. Contact preference: ❑ Phone KI Email
winnebago.wi.us
Ownership Status (Please Check): ❑ Individual []Trust ❑ Partnership IxCorporation
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions,
enter upon the property to inspect or gather other information necessary to process this application. I also understand
that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions
or other administrative reasons.
Property Owner's Signature: P�c/C Date: 16 a
bC_)
SITE INFORMATION WINNEBAGO COWTY By I RK MRRIt51.,, COUNTY EXECUTIVB
Address/Location of Proposed Project: 851 County Road Y, Oshkosh WI 54901
Proposed Project Type: Two family residence
Current Use of Property: lUngle family residetnce Zoning: Institutional
Land Uses Surrounding Your Site: North: Winnebago County - owned land
South:—Winnebago owned land
East: Winnebago County - owned land
West: Wfi-nnebago County - owned t land
"*Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
➢ It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal.
➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh.
➢ Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE
For more information please the City's website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm
Sign Staff Date Rec'd
Briefly explain how the proposed conditional use will not have a negative effect on the issues below.
1. Health,safety,and general welfare of occupants of surrounding lands.
Please seek: attached
2. Pedestrian and vehicular circulation and safety.
Please see attached
3. Noise,air,water,or other forms of environmental pollution.
Please see attached
4. The demand for and availability of public services and facilities.
Please see attached
5. Character and future development of the area.
Please see attached
SUBMITTAL REQUIREMENTS -Must accompany the application to be complete.
(Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy)
➢ A narrative of the proposed conditional use and project including:
❑ Proposed use of the property
❑ Existing use of the property
❑ Identification of structures on the property and discussion of their relation to the project
❑ Projected number of residents,employees,and/or daily customers
❑ Proposed amount of dwelling units,floor area,landscape area,and parking area expressed in square feet and
acreage to the nearest one-hundredth of an acre
❑ Effects on adjoining properties to include:noise,hours of operation, glare, odor,fumes,vibration,etc.
❑ Surrounding land uses
❑ Compatibility of the proposed use with adjacent and other properties in the area.
❑ Traffic generation
❑ Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties
➢ A complete site plan including:
❑ Digital plans and drawings of the project
❑ Title block that provides all contact information for the petitioner and/or owner,if different
❑ Full name and contact information of petitioner's engineers/surveyors/architects,or other design professionals used in
the plan preparation
❑ The date of the original plan and latest date of revision to the plan
❑ A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1"=60') unless
otherwise approved by the Department of Community Development prior to submittal
❑ All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled
❑ All required building setback and offset lines
❑ All existing and proposed buildings,structures,and paved areas,including building entrances,walks,drives, decks,
patios,fences,walls
❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for construction
❑ Location and dimension of all on-site parking (and off-site parking provisions if they are to be employed),including a
summary of the number of parking stalls provided per the requirements of Section 30-175 City of Oshkosh Zoning
Ordinance
❑ Location and dimension of all loading and service areas on the subject property
❑ Location,height,design,illumination power and orientation of all exterior lighting on the property including a
photometrics plan
❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where
applicable (i.e.visible from a public street or residential use or district). Mechanical equipment includes,but is not
limited to; HVAC equipment,electrical transformers and boxes,exhaust flues,plumbing vents,gas regulators,
generators
ATTACHMENT TO CONDITIONAL USE PERMIT:
Briefly explain how the proposed conditional use will not have a negative effect on the issues below.
1. Health, safety, and general welfare of occupants surrounding lands
There will be no impact on the health, safety, and general welfare of occupants of surrounding land
from the proposed conditional use. The parcel at issue is wholly surrounded on all sides by land
owned by the applicant itself,Winnebago County("County' or"Applicant").This land is occupied by
various institutional occupants, including the County sheriff's department, highway department, and
waste management. There are no residential occupants nearby. Accordingly, amending the existing
conditional use permit will not have any negative impacts on occupants of surrounding land apart
from the Applicant itself. In addition, given the parcel's location adjacent to the County sheriff's
department, law enforcement will be afforded a unique opportunity to monitor the parcel, thus further
ensuring any potential impacts on more distant neighbors will be minimized.
2. Pedestrian and vehicular circulation and safety
Applicant estimates there will be almost no effect whatsoever on pedestrian and vehicular circulation
and safety from amending the existing conditional use permit.The nature of the requested
amendment is to add a second occupant to the existing two-bedroom manufactured home that
houses one occupant. That resident, like the first resident, will not be permitted by law to leave the
property for at least the first year of his residency, without supervision. In addition, the parcel is
located on land already owned and occupied by Applicant, which is located at the intersection of two
highways that already are capable of handling any potential additional traffic.The surrounding land
owned by Applicant already has necessary roads to connect the parcel to the main highways.
Applicant will bear the cost of adding additional parking spaces on the surrounding land and the
parcel itself, if necessary.
Noise, air, water, or other forms of environmental pollution
Applicant does not anticipate the proposed amendment to the existing conditional use permit will
impact noise, air, water, or other forms of environmental pollution. The proposed amendment is to
add a second occupant to an existing two-bedroom manufactured home that houses one occupant.
Applicant anticipates that the proposed amendment will increase noise or air pollution only
incrementally, if at all. There may be a slight increase in water use as opposed to the present, but
Applicant does not anticipate any water pollution.
3. The demand for and availability of public services and facilities
Applicant does not anticipate the proposed amendment will impact the demand for and availability of
public services and facilities. Given that the parcel already serves as a residential plot for a single
resident, Applicant does not believe that demand for public services will increase much at all. The
second resident will use the same waste management services as the first occupant. In addition, the
second resident will be an adult living without children, so Applicant does not anticipate any additional
demand for public services such as schools or school busing. With respect to emergency services,
Applicant notes the County Sheriff is located on the land immediately surrounding the parcel at issue
and will be within walking distance of the parcel and able to respond to emergency situations almost
immediately. Applicant anticipates the impact of the need for other emergency services will be
minimal.
4. Character and future development of the area
Given that the land immediately surrounding the parcel at issued currently is identified as and used
for institutional purposes, including a landfill, Applicant believes the future development possibilities of
the surrounding land already is limited to a certain degree; Applicant does not anticipate the proposed
amendment to the conditional use permit will negatively impact the future development of the
surrounding land at all. As for the character of the surrounding land, Applicant believes it mostly will
retain its institutional character. In addition, because Applicant itself owns the land surrounding the
parcel at issue, Applicant is willing to bear any changes in character or future development
possibilities.
Applicant notes that both the current resident and the second resident intended to be housed on the
identified parcel are in a similar situation. State law imposed some limits on what can be located
within a certain proximity of the identified parcel. In particular, schools, child care facilities, public
parks, places of worship, or youth centers cannot be located within 1,500 feet of the identified parcel
See Wis. Stat. §980.04 (4)(dm)(1)(a). However, Applicant owns the land surrounding the identified
parcel beyond 1,500 feet, so Applicant can reasonably guarantee that land within that proximity will
not be used for these purposes.
5. Narrative of the Proposed Conditional Use
Winnebago County currently owns approximately 296.81 acres of land at the intersection of Highway
Y and Jackson Street(also known as Highway 76). That land currently is zoned as and used for
institutional purposes. The land is occupied by the County Sheriff's Department, County Highway
Department and Solid Waste Management and the Transfer Station. The parcel at issue is located on
and surrounded on all sides by a County-owned plot of land. The parcel is approximately 10,000
square feet, located between the Sheriff's Department, Highway Department, and Transfer Station.
County attaches hereto as Exhibit A a map of the County-owned land showing the size and location
of the parcel for which it seeks an amendment to the existing conditional use permit.
Applicant proposes the parcel at issue be used for a second County resident convicted of offenses
pursuant to Wis. Stat. §980 and deemed ready for release. Section 980 of the Wisconsin Statutes
requires the County to identify a suitable place of residence of such offenders. This parcel meets the
parameters set forth in §980 (4)(dm), returns the offender to his local community, and is close to law
enforcement who can monitor the situation.
There is already a pre-manufactured housing structure on the parcel which houses one resident. The
County has already borne the cost of establishing utility and other necessary services connections to
the parcel and building out all necessary roads and parking for the parcel
Given that a single resident will be added to an existing manufactured home which currently houses
one resident, Applicant anticipates very little impact on the surrounding businesses. First, there
simply are not very many neighboring businesses. Second, the surrounding businesses are owned by
Applicant itself. In addition, Applicant anticipates noise and lights will occur at normal rates during
normal waking hours, but there will be very little other pollution. Traffic should be impacted very
minimally in light of the additional resident, the legal restrictions on his movements, and the parcel's
location near the intersection of two highways that already bear moderate rates of traffic.The need
for services will be low. Moreover, the parcel is surrounded on all sides by land owned by Applicant
itself, and Applicant is willing to absorb the effect of the proposed amendment.
Please note that Applicant has attached hereto as Exhibit A a map of the County-owned land which
shows the size and location of the parcel on that land. In light of the fact that the resident will occupy
a pre-manufactured housing structure on the parcel and Applicant does not need nor intend to do any
construction in order to make the parcel habitable as a residence.Applicant does not believe it is
necessary to attach the site plans requested on page two of the Application for Conditional Use
Permit.
CUP TOWN OF OSHKOSH THOMAS N RUSCH ETAL
851 COUNTY RD Y 1076 COZY LN PO BOX 3808
PC: 11-03-20 OSHKOSH W154901 OSHKOSH W154903
THOMAS M MATTMILLER/ TIMOTHY A/KATHLEEN J SCHULTZ WINNEBAGO COUNTY
MARGARET S OCON NOR 4263 JACKSON ST 448 ALGOMA BLVD
4221JACKSON ST OSHKOSH W154901 OSHKOSH W154901
OSHKOSH W154901
STATE OF WISCONSIN
PO BOX 3530
OSHKOSH W154903
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www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh,WI Oshkosh
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