HomeMy WebLinkAbout05. 22-159APRIL 26, 2022 22-159 RESOLUTION
(CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR A GROUP
DEVELOPMENT AT 1775 MARICOPA DRIVE
INITIATED BY: KEN BOWERS
PLAN COMMISSION RECOMMENDATION: Approved w/ findings
WHEREAS, the Plan Commission finds that a Conditional Use Permit for a group
development at 1775 Maricopa Drive, is consistent with the criteria established in Section
30-382 of the Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a Conditional Use Permit for a group development at 1775 Maricopa Drive,
is hereby approved, per the attached, with the following findings:
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.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons, Planning Services Manager
DATE: April 21, 2022
RE: Approve Conditional Use Permit for a Group Development at 1775 Maricopa
Drive
BACKGROUND
The subject site is located on the east side of Maricopa Drive, south of Westhaven Circle. The
subject parcel is 1.985 acres in size and is developed with two existing apartment buildings.
Each building has ten dwellings that consist of one or two bedroom units. The site is surrounded
by a mix of single-family and multi-family uses, as well as a golf course to the east.
ANALYSIS
The applicant is requesting approval of a Conditional Use Permit (CUP) to convert an existing
pool/club house into a three bedroom apartment unit. The property would become a group
development with the conversion of the clubhouse to an apartment building because it will then
have three or more principal structures on the same lot, which code requires a Conditional Use
Permit. According to the applicant, the new apartment could house one to three tenants. The
applicant notes that changes to the exterior would be minimal with only new residential style
egress windows being installed and matching wood siding where needed.
Staff is in support of the Conditional Use Permit (CUP) for a group development at this property
as it should not have negative impacts on the surrounding area and is compatible with
neighboring properties, specifically the multi-family uses immediately to the north and south.
The proposed additional residential unit will result in a density of 10.6 units per acre for the site,
which is consistent with the 2040 Comprehensive Plan recommendation of medium and high
density residential, and will be within the maximum density of 12 units per acre for the MR-12
zoning district. The proposed additional parking spaces would meet the parking requirement
of 2 spaces per dwelling unit plus 0.5 space per additional bedroom over two bedrooms per unit.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
FISCAL IMPACT
Approval of this project should result in an increase in the assessed property value for the site.
The applicant is anticipating spending approximately $50,000 on renovation to this site.
RECOMMENDATION
The Plan Commission recommended approval of the Conditional Use Permit with findings on
April 19, 2022. 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
ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A GROUP
DEVELOPMENT AT 1775 MARICOPA DRIVE
Plan Commission meeting of April 19, 2022.
GENERAL INFORMATION
Applicant: Ken Bowers
Property Owner: Logan Rankin
Action(s) Requested:
The applicant is requesting Conditional Use Permit approval for a group development at 1775
Maricopa Drive.
Applicable Ordinance Provisions:
All group developments and large developments require a conditional use permit, as regulated
in section 30-171 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 east side of Maricopa Drive, south of Westhaven Circle. The
subject parcel is 1.985 acres in size and is developed with two existing apartment buildings.
Each building has ten dwellings that consist of one or two bedroom units. The site is
surrounded by a mix of single-family and multi-family uses, as well as a golf course to the east.
Subject Site:
Existing Land Use Zoning
Single family residential MR-12
Recognized Neighborhood Organizations
N/A
Adjacent Land Use and Zoning:
Existing Uses Zoning
North Multi-family residential MR-12
South Multi-family residential MR-12
West Single-family residential SR-5
East Golf course SR-5
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation
Medium and High Density
Residential
ITEM III - CUP – 1775 Maricopa Dr. 2
ANALYSIS
The applicant is requesting approval of a conditional use permit to convert an existing pool/club
house into a three bedroom apartment unit. The property would become a group development
with the conversion of the clubhouse to an apartment building because it will then have three or
more principal structures on the same lot, which code requires a Conditional Use Permit for.
According to the applicant, the new apartment could house 1 to 3 tenants. The applicant notes
that changes to the exterior would be minimal with only new residential style / egress windows
being installed and matching wood siding where needed.
To complete this conversion, the applicant is proposing the above noted exterior building
changes, three additional parking spaces to the site, and the required interior reconstruction.
According the applicant the apartment will have a full kitchen, living area, full bathroom with
tub, and three bedrooms with closets. Additionally, this building will house a separate area for
a community laundry room that will have a two hour fire rated wall between the two uses and
its own private entrance. The proposed parking stall location can be seen on the site plan on
page 3. As shown, evergreen trees will be planted on the west side of the new parking stalls to
buffer them from the street and residential properties to the west.
Aerial view of subject property (highlighted in red)
ITEM III - CUP – 1775 Maricopa Dr. 3
ITEM III - CUP – 1775 Maricopa Dr. 4
Staff is in support of the Conditional Use Permit (CUP) for a group development at this
property as it should not have negative impacts on the surrounding area and is compatible with
neighboring properties, specifically the multi-family uses immediately to the north and south.
The proposed additional residential unit will result in a density of 10.6 units per acre for the
site, which is consistent with the 2040 comprehensive plan recommendation of medium and
high density residential, and will be within the maximum density of 12 units per acre for the
MR-12 zoning district. The proposed additional parking spaces would meet the parking
requirement of 2 spaces per dwelling unit plus 0.5 space per additional bedroom over two
bedrooms per unit.
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 for a group development
as proposed with the findings listed above.
ITEM III - CUP – 1775 Maricopa Dr. 5
The Plan Commission recommended approval of the Conditional Use Permit with findings on
April 19, 2022. The following is their discussion on the item.
Site Inspections Report: Mr. Mitchell reported visiting the site.
Staff report accepted as part of the record.
The applicant is requesting Conditional Use Permit approval for a group development at 1775
Maricopa Drive.
Mr. Nielsen 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 approval of a conditional
use permit to convert an existing pool/club house into a three bedroom apartment unit. The
property would become a group development with the conversion of the clubhouse to an
apartment building because it will then have three or more principal structures on the same lot,
which code requires a Conditional Use Permit for. According to the applicant, the new
apartment could house 1 to 3 tenants. The applicant notes that changes to the exterior would be
minimal with only new residential style / egress windows being installed and matching wood
siding where needed.
To complete this conversion, the applicant is proposing the above noted exterior building
changes, three additional parking spaces to the site, and the required interior reconstruction.
According the applicant the apartment will have a full kitchen, living area, full bathroom with
tub, and three bedrooms with closets. Additionally, this building will house a separate area for
a community laundry room that will have a two hour fire rated wall between the two uses and
its own private entrance. The proposed parking stall location can be seen on the site plan on
page 3. As shown, evergreen trees will be planted on the west side of the new parking stalls to
buffer them from the street and residential properties to the west.
Staff is in support of the Conditional Use Permit (CUP) for a group development at this
property as it should not have negative impacts on the surrounding area and is compatible with
neighboring properties, specifically the multi-family uses immediately to the north and south.
The proposed additional residential unit will result in a density of 10.6 units per acre for the
site, which is consistent with the 2040 comprehensive plan recommendation of medium and
high density residential, and will be within the maximum density of 12 units per acre for the
MR-12 zoning district. The proposed additional parking spaces would meet the parking
requirement of 2 spaces per dwelling unit plus 0.5 space per additional bedroom over two
bedrooms per unit. Staff recommends approval with the findings and conditions as listed in the
staff report.
Mr. Perry opened up technical questions to staff.
Mr. Mitchell asked how long it has been since the pool was removed.
Mr. Nielsen said it was sometime between 2020 and 2022.
ITEM III - CUP – 1775 Maricopa Dr. 6
Mr. Mitchell said that sometimes in new developments for rentals there are green space
requirements. He asked if this development preceded that in such that there wouldn’t have
been any conditions that said in order to have that site be multi-family, they need to have
recreational activities on site and now it seems they are getting rid of it.
Mr. Lyons said that at the time of this development, it was not in the code. The way the current
code reads, an addition of a third building would be a change of 25 sq. feet would have to be
added since it’s based on per unit. The current green space they have is enough to cover that
additional 25 sq. feet.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Ken Bowers, N4031 Liberty Lane, Freedom, WI, stated that the owner bought the property two
years prior around the time his company Focus Property Management took over the property.
At the time the building was vacant and not being used for anything. They will modernize the
building to match the other buildings. The new apartment will be a three bedroom unit.
Ms. Propp asked if they are expecting people who are related or not to live in this building.
Mr. Bowers said they do get small families in the three bedroom units.
Ms. Propp asked if because it’s a three bedroom unit that is why they have to have a group
development.
Mr. Lyons said it’s because there is now a third building that contains units. The code says that
anytime you get to three primary structures it necessitates a need for a CUP for a group
development.
Ms. Propp asked if it was going to be subsidized housing or market rate.
Mr. Bowers said market rate.
Mr. Mitchell said there is a serious need in the city for handicap accessible housing. Single story
units are a prime opportunity. He asked if this will be set up for someone to support those
needs.
Mr. Bowers said they have been working with McMahon and Associates but have not come up
with a final layout yet.
Mr. Mitchell said it would be great to hear what they did and how they were able to do it, or
why they chose not to. It’s a major area that the city across the board could do much better.
They could provide an opportunity for them to learn what barriers the developers may come
across to help meet the need.
ITEM III - CUP – 1775 Maricopa Dr. 7
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 Mitchell to adopt the findings and recommendation as stated in the staff report.
Seconded by Marshall.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 7-0.
Conditional Use Application: Project Description and Narrative
Focus Property seeks to transform a Pool/Club house building located at 1871 Maricopa Drive
into 1 residential apartment separate from public laundry in the same building. The proposed change in
Occupancy, this project will change Occupancy from A3 to mixed use including R3. The unit is to be
located on the first floor of an existing pool house building. The proposal is to change the 1300 square-
foot assembly space into one (1) three-bedroom apartment and a laundry facility separated by fire wall.
The building currently has two club house bathrooms (interior access), and two entrances. The unit
would be updated to have a full kitchen, living area, a full bathroom with tub, and 3 bedrooms with new
closets. Some internal walls and plumbing will be removed and re-configured. A new entrance will be
created for the laundromat area. Some internal walls and plumbing will be removed and re-configured,
and 2 hr Fire Barriers will be created between use groups. This plan creates a fire protected “box”
around the laundry facility, comprising only one floor and maintains the resident’s access to the attic as
storage spaces. A new entrance will be created for the Laundry facility. An NFPA 13D sprinkler system
will be required in the apartment. The life safety travel path will be minimal due to the small size of the
unit. No elevators or stair construction work is in the project.
Changes to the exterior will be minimal. New residential style windows and egress windows will
be added in locations shown on Existing Building Pictures sheet. Where doors and windows are
removed, walls will be infilled with insulation and exterior cladding to match existing wood siding and
painted to match. Three new parking stalls will be added to accommodate the remodeled 3-bedroom
unit. Per Oshkosh zoning code 2 stalls are required per 2-bedroom unit, plus an additional stall for every
bedroom beyond 2 in the unit. The location of the new parking stalls is shown on the Parking Site Plan.
Focus Properties intends to fulfill all applicable codes and requirements within scope of possibility
during construction to create this new dwelling unit in the Town of Oshkosh.
EXISTING POOLHOUSE TO BE REMODELED
INTO 3-BEDROOM UNIT
NEW PAVING AND STRIPING FOR 3 NEW
PARKING STALLS TO ACCOMODATE NEW
3-BEDROOM UNIT REQUIREMENTS
EXISTING PARKING = 39 STALLS (COVERED + UNCOVERED)
ADDITIONAL 3 STALLS BRINGS TOTAL TO 42 TO SERVE 28 UNITS
3 NEW STALLS MEET OSHKOSH REQUIREMENTS FOR NEW 3 BEDROOM UNIT
POOL AREA
PREVIOUSLY FILLED
IN WITH EARTH
CONIFERS PLANTED TO BLOCK HEADLIGGHTS
PROJECT NO.
DATE
DESIGNED DRAWN
SHEET NO.McMAHON ASSOCIATES, INC.1445 McMAHON DRIVE NEENAH, WI 54956Mailing: P.O.BOX 1025 NEENAH, WI 54957-1025Tel: (920) 751-4200 Fax: (920) 751-4284www.mcmgrp.comMcMahon Associates, Inc. provides this drawing and data, regardless of form; as instruments of service. All rights including copyrights are retained by McMahon Associates, Inc. The client and/or recipient agrees to the fullest extent permitted by law to indemnify and hold McMahon Associates, Inc. harmless for any reuse of or changes made to the original drawing or data without prior written consent by McMahon Associates, Inc.3/17/2022 4:28:59 PMC:\Users\cmollett\OneDrive - McMahon Associates\Documents\062100163_Maricopa Pool House Renovation_Arch_cmollettXNJ8J.rvtA020
JANUARY 25, 2022
CMMCMMMARICOPA VILLAGE POOLHOUSE OSHKOSH, WIA NEW FACILITY FOR:F0552 062100163 PARKING SITE PLANSUBMITTED FOR LOCAL REVIEWNO.DATEREVISION103/16/22Revision 2NOT TO SCALEA020
1 ARCHITECTURAL SITE PLAN
• REMOVE EXISTING WINDOWS
• INFILL SIDING TO MATCH EXISTING
• ADD NEW RESIDENTIAL WINDOWS
EXISTING DOOR TO BE REPLACED BY
RESIDENTIAL STYLE DOOR
• REMOVE EXISTING WINDOWS
• INFILL SIDING TO MATCH EXISTING
• ADD NEW EGRESS WINDOW
REPLACE EXISTING DOOR WITH NEW
3' RESIDENTIAL DOOR
• REMOVE IXISTING WINDOW
• INFILL SIDING TO MATCH EXISTING
• ADD NEW DOOR TO LAUNDRY AREA
INFILL SIDING TO MATCH EXISTING
NEW OPENING FOR
NEW EGRESS WINDOW
PROJECT NO.
DATE
DESIGNED DRAWN
SHEET NO.McMAHON ASSOCIATES, INC.1445 McMAHON DRIVE NEENAH, WI 54956Mailing: P.O.BOX 1025 NEENAH, WI 54957-1025Tel: (920) 751-4200 Fax: (920) 751-4284www.mcmgrp.comMcMahon Associates, Inc. provides this drawing and data, regardless of form; as instruments of service. All rights including copyrights are retained by McMahon Associates, Inc. The client and/or recipient agrees to the fullest extent permitted by law to indemnify and hold McMahon Associates, Inc. harmless for any reuse of or changes made to the original drawing or data without prior written consent by McMahon Associates, Inc.3/17/2022 4:28:59 PMC:\Users\cmollett\OneDrive - McMahon Associates\Documents\062100163_Maricopa Pool House Renovation_Arch_cmollettXNJ8J.rvtA112
JANUARY 25, 2022
CMMCMMMARICOPA VILLAGE POOLHOUSE OSHKOSH, WIA NEW FACILITY FOR:F0552 062100163 EXISTING BUILDING PICTURESSUBMITTED FOR LOCAL REVIEWNO.DATEREVISION103/16/22Revision 2EXISTING EAST VIEW
EXISTING WEST VIEW EXISTING NORTH VIEW
EXISTING SOUTH VIEW
CHANGES TO THIS ELEVATION DEPENDENT
ON NEW UTILITY PENETRATIONS
CUP
1775 MARICOPA DR
PC: 4-19-2022
ROBERT/SALLY L PATTERSON
4531 LINCOLN LN E
ESTERO, FL 33928
THOMAS R/MARY S WALKER TRUST
1793 MARICOPA DR B
OSHKOSH, WI 54904
RRR HOLDINGS LLC
10741 N RIVERSIDE RD
HAYWARD, WI 54843
ETHEL I KRUMENAUER
1793 MARICOPA DR D
OSHKOSH, WI 54904
ALICE A SIMPSON
4300 PASEO SARTA
GREEN VALLEY, AZ 85614
CONSTANCE R BOWMAN
1737 MARICOPA DR B
OSHKOSH, WI 54904
TODD A DALLAPIAZZA
130 CUMBERLYNN DR
FOND DU LAC, WI 54935
RT APPLETON LLC
905 OREGON ST
OSHKOSH, WI 54902
JENNY MCLOUGHLIN
1755 MARICOPA DR A
OSHKOSH, WI 54904
HELEN J GROENEVELD
1755 MARICOPA DR B
OSHKOSH, WI 54904
ERIC O/ERLINDA A NIENASS
1755 MARICOPA DR D
OSHKOSH, WI 54904
TMS HOLDINGS LLC
PO BOX 3044
OSHKOSH, WI 54903
W ALLEN KOCH
61565 S FELLOWS ST
SOUTH BEND, IN 46614
JANE T KARBON
1757 MARICOPA DR D
OSHKOSH, WI 54904
DIANE M REINICKE
1760 MARICOPA DR
OSHKOSH, WI 54904
DUSTIN/KENDRA ARTHUR
1766 MARICOPA DR
OSHKOSH, WI 54904
KRISTIN J RIEDI
1774 MARICOPA DR
OSHKOSH, WI 54904
RICKY L/PATRICE A BRANNON
1780 MARICOPA DR
OSHKOSH, WI 54904
GARRETT/ANGEL CARTER
1786 MARICOPA DR
OSHKOSH, WI 54904
WESTHAVEN GOLF COURSE REAL
ESTATE LLC
1400 S WESTHAVEN DR
OSHKOSH, WI 54904
KEN BOWERS
109 E 8TH ST
KAUKAUNA, WI 54130
RANKIN OSHKOSH HOLDING LLC
518 MAIN ST #346
WRIGHTSTOWN, WI 54180
Westhaven Golf Course
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C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 3/29/2022
1 in = 120 ft1 in = 0.02 mi¯1775 MARICOPA DR1775 MARICOPA DR
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
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Westhaven Golf Course
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C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 3/30/2022
1 in = 500 ft1 in = 0.09 mi¯1775 MARICOPA DR1775 MARICOPA DR
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 3/29/2022
1 in = 100 ft1 in = 0.02 mi¯1775 MARICOPA DR1775 MARICOPA DR
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer