HomeMy WebLinkAboutItem V
PLAN COMMISSION STAFF REPORT NOVEMBER 21, 2023
ITEM V: SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR PHASE 1 OF A
MULTI-FAMILY DEVELOPMENT AT THE WEST 3400 BLOCK OF LAKE
BUTTE DES MORTS DRIVE
GENERAL INFORMATION
Applicant: City of Oshkosh Common Council
Owner: Red Earth, LLC
Action(s) Requested:
The applicant requests a Specific Implementation Plan (SIP) amendment for Phase 1 of the Lake
Butte des Morts multi-family development.
**SAME PLAN SET AS PREVIOUSLY REVIEWED AND APPROVED DURING THE MARCH 7,
2023 PLAN COMMISSION MEETING, NO CHANGES TO THE PLANS FROM THE ORIGINAL
SIP APPROVED ON MARCH 7, 2023**
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Background Information:
The subject area consists of five lots totaling 72.50 acres of
predominantly vacant land on the west side of Lake Butte
des Morts Drive and east of Lake Butte des Morts. The
site is rather isolated from other developments; the area
east and to the south consist of the Interstate 41/U.S.
Highway 45 interchange, Lake Butte des Morts to the
west and vacant tracts of land to the north. The only
nearby development is lakefront residential housing to
the southwest. The properties were annexed into the City
on April 11, 2000 and was assigned a General Commercial
District (C-2) zoning designation. In 2017, the City’s
zoning ordinance was rewritten and the property was
assigned a Suburban Mixed Use District (SMU) zoning
designation. On October 23, 2018, the property was
rezoned to Neighborhood Mixed Use District with a
Planned Development Overlay (NMU-PD) as part of a
land use request that was not developed. The City’s
Comprehensive Land Use Plan had the area slated for
commercial uses in both the 1993 and 2005 plans. Both the 2018 and 2040 (current) land use plans
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ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive - Mixed Residential Development
have the properties slated for mixed uses.
The current NMU-PD zoning of the property allows for single and two-family residential uses
along with a variety of lower intensity commercial uses, such as office and indoor sales. The
district also allows apartments of up to 4 units per building as well as indoor institutional uses
and higher intensity commercial uses, such as vehicle service and repair and light industrial
through a Conditional Use Permit. The 2040 Comprehensive Land Use Plan recommendation of
Mixed Use promotes a variety of uses such as retail, office, residential, and institutional uses
within a single development or within close proximity to one another. Residential densities
should be medium to high.
City Meeting Actions:
On March 7, 2023, Plan Commission recommended approval of a General Development Plan
(GDP) for a multi-family development at the subject site. Plan Commission subsequently
recommended approval of a Specific Implementation Plan (SIP) for Phase I of the proposed multi-
family development. The GDP and SIP were brought before Common Council on March 14, 2023,
with both items being recommended to be laid over to the April 11, 2023 meeting. A
neighborhood meeting was held on April 10, 2023 and residents were able to provide comments
on the project. On April 11, 2023, the GDP was approved by Common Council (Resolution 23-
173), which included a Base Standard Modification (BSM) to allow 4-unit townhouse, 40-unit
apartment and 82-unit apartment uses in the NMU-PD Zoning District. The SIP (Resolution 23-
174) was approved with the following conditions:
1. CSM for the creation of the lot for Phase 1 and the two right-of-way dedications shall be
approved and recorded at the Winnebago County Register of Deeds prior to the building
permit issuance.
2. Base Standard Modification for 0-foot side and rear yard setbacks for paved areas internal
to the site as shown on the submitted site plan.
3. Base Standard Modification for 15-foot front yard setbacks for north and south parking
area along the new public street.
4. Base Standard Modification for proposed building heights up to three (3) stories.
5. Final parking lot layout shall be reviewed and approved by the Department of
Community Development.
The developer re-evaluated the project in order to accommodate the reduced building stories
which resulted in less units on the site. Common Council held a closed session on October 10,
2023 related to the terms of a Tax Increment Financing request submitted by the developer. On
October 24, 2023, a Common Council member initiated an SIP amendment and Council approved
the action item. As the request has been initiated by the Common Council, the same plans are
being considered during the SIP amendment as previously reviewed as part of the original SIP
request on March 7, 2023.
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ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive - Mixed Residential Development
Planned Development Approval Process:
Common Council previously approved a General Development Plan for a mixed-use residential
development consisting of five four-story, 82-unit apartment buildings, two four-story, 40-unit
apartment buildings and eight two-story, 4-unit townhomes totaling 522 units. In accordance
with Section 30-387(C)(4), the GDP establishes the uses and approximate densities for a
development. The General Development Plan, as approved by Common Council on April 11,
2023, included a Base Standard Modification (BSM) to allow 4-unit townhouse, 40-unit apartment
and 82-unit apartment uses. The Specific Implementation Plan process is established to review
the final plans for consistency with the approved General Development Plan and performance
standards, not to review the underlying land use decisions approved during the General
Development Plan process.
Subject Site
Existing Land Use Zoning
Single Family, Agricultural, Vacant
Neighborhood Mixed Use District with
Planned Development Overlay (NMU-PD)
Recognized Neighborhood Organizations
NA
Adjacent Land Use and Zoning
Existing Uses Zoning
North Vacant Single Family Residential – 5 (SR-5)
South
Vacant General Business District (B-3, Town of
Oshkosh)
East U.S. Highway 45 NA
West
WIOUWASH Recreational Trail General Agriculture District (A-2, Town of
Oshkosh)
Comprehensive Plan Land Use
Recommendation
Land Use
2040 Comprehensive Land Use
Recommendation
Mixed Use
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ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive - Mixed Residential Development
ANALYSIS
Use/Site Design
Phase 1 will consist of two 40-unit apartments and a clubhouse. A new lot for Phase 1 will be
created with parts of four of the five existing lots via Certified Survey Map (CSM). Lot 1 is an
irregular-shaped lot, sized at 4.38 acres and meets all dimensional requirements for lot creation in
the NMU District. The CSM also has 60-foot wide right-of-way dedications on the north and
south sides of Lot 1, connecting to Lake Butte des Morts Drive. These dedications will be a future
action for Plan Commission and Common Council. Due to the necessity of this CSM for Phase 1,
Staff recommended a condition that this CSM be approved and recorded at the Winnebago
County Register of Deeds prior to building permit issuance, which was approved as part of the
SIP.
A future subdivision plat creating additional lots for additional phases will dedicate additional
right-of-way, creating a looped roadway to the west.
The site plan meets density and impervious surface requirements for the NMU District. The plan
shows a mix of surface and underground parking. The number of stalls provided exceeds the
minimum requirement of one stall per unit plus 1 guest stall for every four units. Missing from
the site plan are required bicycle parking areas. A minimum of four bicycle spaces are required
for multifamily developments plus for parking lots over 40 stalls, the number of bicycle spaces
required is equal to 5% of the automobile parking spaces. This will be addressed during the Site
Plan Review process. The site design began development under the prior code requirement of 2
parking stalls per unit plus 1 guest parking stall per 3 units for a total of 191 parking stalls. As a
Development phases with Phase 1 highlighted
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ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive - Mixed Residential Development
result of the code update there may be an opportunity for the developer to remove some of the
provided stalls.
Required Provided
Parking Spaces Minimum: 100 159 (64 underground, 95
surface)
Impervious Surface Maximum: 50% of lot 39% of lot
Density Phase 1 Maximum: 199 Dwelling
Units (36 units per acre)
80 Dwelling Units (14.4
units per acre)
Minimum
Required Minimum Provided
Front Setback - buildings 25’ 25’
Front Setback – parking lots 25’
15’ north parking lot, 20’
south larking lot
Side Setback 7.5’ 0’
Rear Setback 25’ 0’
Distances to Nearby Residential Developments
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ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive - Mixed Residential Development
A BSM was previously approved by Common Council on
April 11, 2023 for the parking lots on the north and south sides
of the development which are within the front yard setbacks of
the new streets with setbacks of 15-feet and 20-feet
respectively. The apartment buildings and clubhouse meet all
setback requirements. The applicant provided additional
landscaping to mitigate the requested BSM. Several accessory
paved areas (pool deck, walkways, parking lots and
driveways) are located within required rear and side yard
setbacks, many with 0-foot setbacks which required a BSM and
was approved by Common Council on April 11, 2023.
The site plan does not show locations of dumpster enclosures
as the enclosures are to be located within the underground
parking areas. This will visually enhance the overall site and
eliminate the chance of odors emanating from the enclosures.
Based on 72 bedrooms per building, 3,800 square feet of
outdoor recreation space is required for its residents. The
overall site plan shows over 20,000 square feet of recreation
space with a pool area, basketball/pickle ball court, dog park
and green area for sport activities. These amenities are all part of Phase 1. Although this does not
count towards its outdoor recreation space requirements, the site is adjacent to the WIOUWASH
Recreational Trail. Future phases may construct a trail connecting to the WIOUWASH for its
residents.
Signage
Sign renderings were not included with this request. A ground sign is located on the site plan
north of the driveway entrance off Lake Butte des Morts Drive, outside the setback area. Final
sign plans will be reviewed as part of the Site Plan Review Process and must meet the base
zoning code.
Landscaping
A landscape plan for the whole development was submitted with this request. Proposed
plantings by far exceed the minimum amount required (see table). This will offset BSM requests.
Plantings include a variety of deciduous, ornamental and evergreen trees and shrubs and
perennials. Proper placement will be reviewed during Site Plan Review.
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ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive - Mixed Residential Development
Several trees are located within the terrace area of the proposed street which will not count
towards their minimum requirement. The City’s subdivision regulations do require a terrace tree
plan outside of the development’s internal landscaping required by code. Final landscape plans
will be required and reviewed with each phase as they are submitted for SIP approval. The
terrace tree plan will be submitted with the proposed plat and reviewed by the City Forester.
Storm Water Management/Utilities
Storm water management plans for the whole development have been submitted. The
Department of Public Works noted that final plans will need to comply with Chapter 14 Storm
Water Management requirements and storm water from the newly paved areas shall be collected
and conveyed. This will be addressed during the Site Plan Review processes.
Site Lighting
A photometric lighting plan was submitted with the original request. The plan showed light
levels only within the surface parking areas, not at the property lines as required by code.
Revised plans will need to be submitted and reviewed during the site plan review process and
will be required to be under the maximum lighting levels of 0.5 fc at property lines and 1.0 fc at
right-of-way line.
Points Required Points Provided
Building Foundation 425 702
Paved Area 475 1,065
Street Frontage 900 990
Yards 650 919
Total 2,450 3,676
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ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive - Mixed Residential Development
Building Facades
Building elevation plans were submitted as part of
the original request. The proposed buildings are
clad with a mix of composite siding and brick
veneer. The total area devoted to windows and
doors well exceeds the 20% minimum requirement
with 27.5% on the east elevation, 27.2% on the north
and south elevations and 27.1% on the west
elevation. Material quantity breakdowns were not
provided on the plans. The plans show ample
articulation with numerous vertical changes of
materials and structural projections and recesses.
The heights of the apartment buildings are shown at
52 feet, exceeding the 35-foot maximum height
permitted in the NMU District. This number has
been revised from the original SIP (59 feet) as
Planning staff noted that building height is
measured at the midpoint of the roof, rather than
the peak as originally listed. There is no change to
the actual building design from the original request
as the difference is in how the height is calculated
within the zoning ordinance. Staff is in support of a
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ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive - Mixed Residential Development
BSM to exceed the maximum height due to the site’s isolation from other developments and the
increased setbacks to over 1,000 feet from the neighboring properties for Phase I. It is in good
planning practice to offset increased building height with larger setback distances and centralized
building placement. The applicant has also provided 150% of the required total landscaping
points for the site to improve the appearance of the site and mitigate impacts on the surrounding
area. The use of underground parking also serves to reduce the footprint of the site and impact
on the surrounding area. The overall impervious surface ratio for the site of 39% is well under
the maximum of 50%, which also serves to offset the BSM request. The applicant is also
exceeding multi-family design standards by exceeding the window area requirement by 36% and
utilizing a substantial proportion of Class I materials (brick veneer and glass). The enhanced
building facades improve the appearance of the property and also serve to mitigate the visual
impact on the surrounding area.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends the Plan Commission make the following findings based
on the criteria established by Chapter 30-387 (C)(6):
(a) The proposed Planned Development project is consistent with the overall purpose and
intent of this Chapter.
(b) The proposed Planned Development project is consistent with the City’s
Comprehensive Plan and other area plans. (It is the responsibility of the City to determine
such consistency.)
(c) The proposed Planned Development project would maintain the desired relationships
between land uses, land use densities and intensities, and land use impacts in the environs
of the subject site.
(d) Adequate public infrastructure is or will be available to accommodate the range of
uses being proposed for the Planned Development project, including but not limited to
public sewer and water and public roads.
(e) The proposed Planned Development project will incorporate appropriate and adequate
buffers and transitions between areas of different land uses and development
densities/intensities.
(g) The proposed architecture and character of the proposed Planned Development
project is compatible with adjacent/nearby development.
(h) The proposed Planned Development project will positively contribute to and not
detract from the physical appearance and functional arrangement of development in the
area.
(i) The proposed Planned Development project will produce significant benefits in terms
of environmental design and significant alternative approaches to addressing
development performance that relate to and more than compensate for any requested
exceptions/base standard modifications variation of any standard or regulation of this
Chapter.
(j) The applicant has compensated for the increased building height by providing
increased building setbacks, increased landscaping, reduced imperious surface ratio, and
enhanced building exterior materials.
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ITEM V – SIP – Phase 1 - Lake Butte des Morts Drive - Mixed Residential Development
Staff recommends approval of the Specific Implementation Plan amendment with the findings
listed above and the following conditions:
1. Except as specifically modified by this Specific Implementation Plan Amendment, the
terms and conditions of the original Specific Implementation Plan (Resolution 23-174)
approval dated April 11, 2023 remains in full force and effect.
2. Base Standard Modification for proposed 4 story building heights up to 52 feet in height.
Page 10
FEBRUARY 6, 2023
Mark Lyons
Planning Services Manager – Community Development
215 Church Ave
Oshkosh, WI 54901
mlyons@ci.oshkosh.wi.us
7900 International Drive + Suite 550 + Bloomington, MN 55425
952.426.0699 + ISGInc.com
Architecture + Engineering + Environmental + Planning
RE: PROJECT NARRATIVE
LAKE BUTTE DS MORTS DEVELOPMENT
OSHKOSH, WI
Mark,
Thank you for reviewing the following project narrative, GDP, SIP, and CSM request for Lake Butte Des Morts project. The site
location is currently zoned NMU-PD and surrounding area has a mix of single family residential and urban industrial.
PROJECT DESCRIPTION
Lake Butte Development is a proposed mixed use housing development located North of Oshkosh, Wisconsin west of Lake
Butte Des Morts Drive and East of Lake Butte Des Morts. The development is to consist of 5, 82-unit apartment buildings, 2, 40-
unit apartment buildings, and 8, 4-unit townhomes with a centrally located clubhouse, totaling 522 units. The overall site is
72.51 acres with a proposed unit density of 7.2 units/acre. The project will also consist of a new City street that makes a loop
through the development and will also provide public water and sanitary mains for the proposed building services. The project
will be separated into six phases according to sheet C3-11 in the GDP submittal plan set. Due to the unique makeup of
buildings and proposed density, the project is proposed to be zoned as Planned Development as there would be several
conditional uses and variances needed to comply with a typical residential zoning district (MR-36) and it offers more flexibility in
the future for the development.
Parking Code
Underground and exterior parking will be provided on site. The site proposes 452 parking spaces located underground, 248
spaces in designated parking lots, 128 Townhome parking, and 39 parallel spaces along private roadway; the total proposed
parking count is 867 stalls. This equates to a proposed 1.67 stalls/unit. While this number is under the required 2 stalls per
unit (city code), similar projects and cities in the area have been successful with lower parking stall numbers. The comfort and
convenience of future residents is of top priority, and based on surrounding areas, 1.67 stalls/unit has been successful for a
residential property of this size.
Parking for the first phase of the development will meet the required code of 2 stalls/unit with a total of 214 stalls provided for
the two 40-unit buildings (160 stalls required).
Density, Intensity, and Bulk Regulations
The project will be subdivided into different lots for each phase. Due to the size and number of lots there will be several items
that the proposed project will differ from the standard MR-36 zoning district. These include minimum lot area, impervious
surface ratio, setbacks, and number of units per building. Information on setbacks and density is included in the submitted
plan sets.
Agreements, Bylaws, Covenants
The project will require a developer’s agreement between Red Earth LLC and the City of Oshkosh. The property will be owned
and maintained by Red Earth LLC following completion of the construction. Additional bylaws and covenants can be provided by
Red Earth LLC at a later date.
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SITE FEATURE & AMENITIES
The overall aesthetic of the site is to incorporate traditional architectural elements with an integrated landscape plan. A
network of sidewalks will offer many values including connectivity and exercise opportunities throughout the site. A connection
to the existing Wiouwash Trail will be made at the southwest end of the proposed development. Separate lake access and
Kayak storage will offer residents the opportunity to take advantage of Lake Butte Des Morts.
A sidewalk is currently not available to connect to along Lake Butte Des Morts Drive, but site grading will take into consideration
the possibility of one being added at a future date. Site amenities include open lawn space and trails, several fenced dog parks,
a pickleball/basketball court, grilling area, fire features, outdoor pool, and clubhouse. The clubhouse does not only serve as a
leasing office but will also feature an exercise room, game room, community room, theater, spa, and sauna.
LANDSCAPING
The overall landscape plan will offer many different features including shade, color, structure, and screening. A traditional low
maintenance planting plan consisting of native deciduous and evergreen plantings that will compliment architectural features
and enhance new spaces. Native trees will be interspersed throughout the site to create a shaded canopy for residents and
increase the tree canopy density of the site.
Site drainage and grading will consider overall site features (existing and proposed) ensuring all elements work together to
create an effective drainage plan. All stormwater is to be seeded with native seed mixes adding to enhance the overall aesthetic
of the site. Additional areas of native seeding will also be provided to provide water quality improvements, wildlife habitat
including wildflowers for pollinators. A stormwater report for phase I has been included for further information on stormwater
management design and calculations.
Thank you for your consideration of this project. On behalf of Red Earth, LLC, we look forward to working with you on this
development to aid Red Earth with expanding their multifamily portfolio and better serve the residents of Oshkosh. Please
contact me at 952.426.0699 or via email at Jeana.Kedrowski@ISGInc.com with any questions or if there is any additional
information we can provide in support of this project.
Sincerely,
Jeana Kedrowski
Project Coordinator
Jeana.Kedrowski@ISGInc.com
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WITHOUT PRIOR WRITTEN CONSENT.
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THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,
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FILE NAME
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22-27584
G1-20 OVERALL SITE PHASING PLAN
---- ---- G1-20
OSKOSH WISCONSIN
OVERALL SITE
PHASING PLAN
0
SCALE IN FEET
80 160
LMM /JRS
LMM / JRS
KBR / JRS
LAKE BUTTE DES
MORTS
DEVELOPEMENT
(PHASE1)
RED EARTH LLC
02/21/23 CITY COMMENTS JRS
LAKE BUTTE DES
MORTS
DEVELOPEMENT
(PHASE1)
RED EARTH LLC
02/21/23 CITY COMMENTS JRS
PHASE ONE
PHASE TWO
PHASE THREE
PHASE FOUR
PHASE FIVE
PHASE SIX
PROPOSED PROPERTY LINE, TYP
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GLENWAY DRGLENVIEW LA
GLENKIRK LA
GLENHURST LA
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J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 10/27/2023
1 in = 620 ft1 in = 0.12 mi¯LAKE BUTTE DES MORTS DR:Parcels 1276150000, 1276100000,1276200000, 1276250000, & 1276300000
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
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GGLLEENNWWAAYY DDRR
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J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 10/27/2023
1 in = 1,000 ft1 in = 0.19 mi¯LAKE BUTTE DES MORTS DR:Parcels 1276150000, 1276100000,1276200000, 1276250000, & 1276300000
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
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GLENVIEW LA
GLENWAY DRGLENKIRK LA
GLENSHIRE LA
WESTWIND RD
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J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 10/27/2023
1 in = 600 ft1 in = 0.11 mi¯LAKE BUTTE DES MORTS DR:Parcels 1276150000, 1276100000,1276200000, 1276250000, & 1276300000
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
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