HomeMy WebLinkAboutItem III
PLAN COMMISSION STAFF REPORT MARCH 5, 2024
ITEM III: SPECIFIC IMPLEMENTATION PLAN FOR ALL REMAINING PHASES OF A
MULTI-FAMILY DEVELOPMENT AT THE WEST 3400 BLOCK OF LAKE
BUTTE DES MORTS DRIVE
GENERAL INFORMATION
Applicant: Claire Roth – ISG Inc.
Owner: Red Earth, LLC
Action(s) Requested:
The applicant requests a Specific Implementation Plan (SIP) amendment for all remaining phases
of the Lake Butte des Morts multi-family development.
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 were 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 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
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ITEM III – SIP –Remaining Phases - Lake Butte des Morts Drive
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.
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 for phase 1
(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.
On December 12, 2023, Common Council approved an amendment to the Specific
Implementation Plan for phase 1 with 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.
The applicant is now requesting Specific Implementation Plan approval for all remaining phases
of the multi-family 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,
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ITEM III – SIP –Remaining Phases - Lake Butte des Morts Drive
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.
A neighborhood meeting was held on February 22, 2024 to discuss plans for all remaining phases.
Eight neighbors attended the meeting and voiced concerns related to the compatibility of the
use/site design with the surrounding area, landscape size/species, impacts on wetlands and
wildlife areas, traffic, storm water, archeological history of the property, and property
maintenance.
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 III – SIP –Remaining Phases - Lake Butte des Morts Drive
ANALYSIS
Use/Site Design
The previously approved Phase I of the development included two 40-unit apartment buildings
and a clubhouse. The remaining phases include five 82-unit apartment buildings, and eight 4-
unit townhomes, totaling 442 units. Per the previous items, a subdivision plat/CSM is being
proposed to create additional lots for the remaining phases and 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
proposed additional 442 dwelling units results in a total of 522 dwelling units for the entire
development, matching the approved number of dwelling units approved for the GDP. A traffic
impact analysis (TIA) has been conducted for the development with no traffic conflicts being
noted.
The plan shows a mix of surface and underground parking, with garage parking for townhomes.
The number of stalls provided exceeds the minimum requirement of one stall per unit plus 1
guest stall for every four units. The total number of parking stalls (804) for the entire site is
slightly less than the approved number of parking stalls for the GDP (867), but exceeds the
minimum parking requirement for all phases. The applicant is providing 27 bicycle parking
spaces, meeting the minimum bicycle parking requirement of 20 bicycle spaces.
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ITEM III – SIP –Remaining Phases - Lake Butte des Morts Drive
Required Provided
Parking Spaces Minimum: 553
645 (454
underground/garage, 191
surface)
Impervious Surface Maximum: 50% of lot 10% of lot areas
Density Phase 2-6 Maximum: 2,359 Dwelling
Units (36 units per acre)
442 Dwelling Units (6.7
units per acre)
Minimum
Required Minimum Provided
Front Setback - buildings 25’ 10’
Front Setback – parking lots 25’ 5’
Side Setback 7.5’ 8’
Rear Setback 25’ 0’
A BSM will be needed for reduced front setback for buildings and parking areas from the new
public street right-of-way looping through the development to 10 ft., where a 25’ setback is
required. Staff does not have concerns with the reduced setback as the new right-of-way will
only be utilized to access buildings within this multi-family development. A BSM is also needed
for reduced side and rear yard setbacks from the newly created lot lines of the proposed plat.
Code requires a 7.5’ side yard setback and 25’ rear yard setback. Staff is supportive of 0’side and
rear yard setbacks from the newly created internal lot lines as buildings and parking areas will
exceed setback requirements from the exterior property lines and it aids in the phased approach
of the overall development.
The plan includes fenced dog park areas (potential phases 3 and 6). The proposed fencing for the
dog parks will be 4’ tall black chain link fencing. A BSM will be needed to allow the proposed
chain link fencing within in the 25’ front setback area for the phase 3 dog park, as code prohibits
chain link fencing in front yard areas. The fencing is shown at a 0’ setback from the newly created
right-of-way. Staff is supportive of a BSM to allow chain link fencing in the front yard, with a
minimum setback of 10’. This would be consistent with proposed building and parking setbacks
from the new right-of-way. Staff is recommending a condition that all fencing within 10’ of the
front property line be decorative fencing (example: wrought iron). This would be consistent with
dog park fencing of previously approved multi-family development (Mill on Main). Staff is also
recommending a condition that the fencing, including gate, may not extend over the public right-
of-way.
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 930 bedrooms for all remaining phases, 23,450 square feet of outdoor recreation space is
required for its residents. The overall site plan shows over 30,000 square feet of recreation space
with sport court, lawn, pool deck, and dog park. The remaining phases include a connection to
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ITEM III – SIP –Remaining Phases - Lake Butte des Morts Drive
the Wiouwash Trail. Staff is recommending a condition that the trail connection be approved by
Winnebago County.
Signage
Sign renderings were not included with this request. 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 remaining phases was submitted with this request. Plantings include a
variety of deciduous, ornamental and evergreen trees, and shrubs. Combined plantings for the
remaining phases exceed the minimum amount required (see table). This will offset BSM
requests. As was requested at the neighborhood meeting, the applicant is providing increased
planting size for deciduous trees to 2.5” caliper, where code requires 1 ¼” diameter at planting.
They are also providing increased evergreen tree height to 6’ and 8’, where code requires
evergreen trees to be 4’ tall at planting. This also serves to offset BSM requests.
As proposed, some of the trees will be placed within the newly created public right-of-way which
will require a BSM. Staff is supportive of a BSM to allow the proposed landscaping within the
public right-of-way as this new road will function similar to an internal driveway access, which
would typically allow for landscaping.
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ITEM III – SIP –Remaining Phases - Lake Butte des Morts Drive
Building Foundation
The building foundation landscaping point requirement of 40 landscaping points per 100 linear
feet of building foundation is being met for the proposed buildings.
Paved Area
The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of
paved area is being met. The code further specifies 30% of all points will be devoted to tall trees
and 40% will be devoted to shrubs, which is also being met. The plan also includes the code-
required deciduous tree at the ends of all parking rows.
Street Frontage
Code requires 100 points per 100 feet of street frontage. The landscaping ordinance also specifies
that 50% of the required points must be devoted to medium trees. The landscaping plan is
meeting these requirements.
Yards
Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The provided yard
landscaping points meet this requirement.
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. This will be addressed during the Site Plan Review process.
Site Lighting
A photometric lighting plan has been submitted with this request. The plan shows light levels for
all surface parking areas meeting the minimum lighting level of 0.4 fc and within the maximum
of 1.0 fc at the right-of-way line and 0.5 fc at exterior property lines. Average on-site lighting is
0.54 fc, which is under the maximum average of 1.0 fc in residential districts. Proposed light
fixtures will be cut-off fixtures at a mounting height of 12’.
Points Required Points Provided
Building Foundation 2,312 2,478
Paved Area 700 999
Street Frontage 1,692 2,103
Yards 14,455 14,455
Total 19,159 20,035
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ITEM III – SIP –Remaining Phases - Lake Butte des Morts Drive
Building Facades
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ITEM III – SIP –Remaining Phases - Lake Butte des Morts Drive
82-unit building elevations
Townhome building elevations
Building elevation plans were submitted as part of this request. The proposed apartment
buildings are clad with a mix of composite siding, brick, and stone. The total area devoted to
windows and doors exceeds the 20% minimum requirement for street-facing elevations with
24.6% on the east elevation. 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 height is consistent with the approved apartment
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ITEM III – SIP –Remaining Phases - Lake Butte des Morts Drive
buildings for Phase 1. Staff is in support of a BSM to exceed the maximum height due to the site’s
isolation from other developments and the increased setbacks to over 500 feet from the
neighboring properties. It is in good planning practice to offset increased building height with
larger setback distances and centralized building placement. The applicant has also exceeded the
required total landscaping points for the site and has doubled the planting size for deciduous and
evergreen trees 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 10% for the
remaining phases 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 utilizing a substantial
proportion of Class I materials (brick, stone, and glass), totaling 41.5% - 45% per facade. The
enhanced building facades improve the appearance of the property and also serve to mitigate the
visual impact on the surrounding area.
The proposed townhome elevations meet design standards requirements by providing façade
articulation including projections and recesses, and exceeding the street-facing window
requirement of 20%, with 38% provided. A BSM is needed as the main entry to the townhomes
will be on the side façade, where code requires the primary building entrance to be on the front
façade facing the street. Staff does not have concerns with the requested BSM as front-loaded
garages and ground-floor windows provide a residential street-facing appearance.
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.
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ITEM III – SIP –Remaining Phases - Lake Butte des Morts Drive
(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.
Staff recommends approval of the Specific Implementation Plan with the findings listed above
and the following conditions:
1. Base Standard Modification for proposed 4 story building heights up to 52 feet in height.
2. Base Standard Modification to allow 10’ front setback from newly created right-of-way
(Oliver Avenue, Olivia Road, Blair Boulevard).
3. Base Standard Modification to allow 0’ side yard setback from internal property lines.
4. Base Standard Modification to allow 0’ rear yard setback from internal property lines.
5. Base Standard Modification to allow primary entrance for townhomes on the side façade.
6. Future connection to Wiouwash Trail shall be approved by Winnebago County.
7. Base Standard Modification to allow chain link fencing in the front yard. All fencing
within 10’ of the front property line must be decorative fencing.
8. Dog park fencing/gate may not extend over public right-of-way.
9. Base Standard Modification to allow landscaping within the new public right-of-way
(Oliver Avenue, Olivia Road, Blair Boulevard).
10. Final landscaping plan shall be reviewed and approved by the Department of Community
Development.
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Sign_______ Staff ________ Date Rec’d ________
City of Oshkosh
Planned Development Application
For General Development Plan or Specific Implementation Plan
**PLEASE TYPE OR PRINT USING BLACK INK**
APPLICANT INFORMATION
Petitioner: _________________________________________________________________________________ Date: ____________
Petitioner’s Address: ________________________________________ City: ______________________ State: _____ Zip: ________
Telephone #: ( ) _________________ Email: _______________________ Contact preference: Phone Email
Status of Petitioner (Please Check): Owner Representative Tenant Prospective Buyer
Petitioner’s Signature (required): _______________________________________________________________ Date: ____________
OWNER INFORMATION
Owner(s): __________________________________________________________________________________ Date: ____________
Owner(s) Address: __________________________________________ City: ______________________ State: _____ Zip: ________
Telephone #: ( ) _________________ Email: _______________________ Contact preference: Phone Email
Ownership Status (Please Check): Individual Trust Partnership Corporation
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: ___________________________________________________________________ Date: ____________
TYPE OF REQUEST:
General Development Plan (GDP) General Development Plan (GDP) Amendment
Specific Implementation Plan (SIP) Specific Implementation Plan (SIP) Amendment
SITE INFORMATION
Address/Location of Proposed Project: __________________________________________________________________________
Proposed Project Type: ________________________________________________________________________________________
Estimated Cost: _______________________________________________________________________________________________
Current Use of Property: ________________________________________________________________Zoning: ________________
Land Uses Surrounding Your Site: North: _________________________________________________________________________
South: _________________________________________________________________________
East: _________________________________________________________________________
West: _________________________________________________________________________
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 visit the City’s website at https://www.ci.oshkosh.wi.us/CommunityDevelopment/
SUBMIT TO: Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, WI 54901 Room 204
PHONE: (920) 236-5059 Email: planning@ci.oshkosh.wi.us
7900 International Dr, Suite 550 Bloomington MN 55425
952 426-0699 Claire.Roth@ISGInc.com
Claire Roth - ISG Inc. (on behalf of owner)01/22/2024
01/22/2024
Phases 2 - 6 of multi-family housing development
Agricultural / Vacant
Lake Butte Des Morts Drive
NMU-PD
Vacant
U.S. Highway 45
WIOUWASH Recreational Trail
Red Earth LLC. (Contact: Jacob Buswell)01/22/2024
1310 West Wisconsin St Sparta WI 54656
262 623-8348
jake.buswell@allamerican
doitcenter.com
$110,000 - $150,000 per unit estimated
Vacant
DocuSign Envelope ID: 23447A38-982E-4B5D-BB1A-C6CCD3BF5475
1/18/2024
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SUBMITTAL REQUIREMENTS – Must accompany the application to be complete.
(Submit only digital files. If file size exceeds 10 mb, please send through a file transfer. Please note at the discretion
of Community Development staff may request a hard copy)
The following information must be provided in order for the application to be considered complete and able to
be scheduled for Plan Commission Review. Please use the checklist below to determine the required information
to be submitted at the time of application. If all information below cannot be provided at the time of application,
please request a waiver in writing to the Division’s Director or designee.
A General Development Plan (GDP) submittal, per Section 30-387(C)(4), shall include the following items
(Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy):
General location map of the subject site depicting:
All lands for which the Planned Development is proposed and other lands within 100 feet of the
boundaries of the subject property.
Current zoning of the subject site and abutting properties, and the jurisdiction(s) that maintains that
control.
A graphic scale and north arrow.
Generalized site plan showing the pattern or proposed land uses, including:
General size, shape, and arrangement of lots and specific use areas.
Basic street pattern and pattern of internal drives.
General site grading plan showing preliminary road grades.
Basic storm drainage pattern, including proposed on-site stormwater detention.
General location of recreational and open space areas, including designation of any such areas to
be classified as common open space.
Statistical data, including:
Minimum lot sizes in the development.
Approximate areas of all lots.
Density/intensity of various parts of the development.
Building coverage.
Landscaping surface area ratio of all land uses.
Expected staging.
Conceptual landscaping plan.
General signage plan.
General outline of property owners association, covenants, easements, and deed restrictions.
A written description of the proposed Planned Development, including:
General project themes and images.
The general mix of dwelling unit types and/or land uses.
Approximate residential densities and nonresidential intensities.
General treatment of natural features.
General relationship to nearby properties and public streets.
General relationship of the project to the Comprehensive Plan or other area plans.
Proposed exceptions from the requirements of the Zoning Ordinance and enhancements that will
be provided to compensate for them.
Traffic Impact Analysis (TIA), if deemed necessary by the Director of Planning Services, or designee.
A Specific Implementation Plan (SIP) submittal, per Section 30-387(C)(5), shall include the following items.
Note that the area included in an SIP may be only a portion of the area included in a previously approved GDP
(Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy):
An existing conditions map of the subject site depicting the following:
All lands for which the Planned Development is proposed and other lands within 100 feet of the
boundaries of the subject site.
Current zoning of the subject property and all abutting properties, and the jurisdiction(s) that
maintains that control.
Existing utilities and recorded easements.
All lot dimensions of the subject site.
A graphic scale and a north arrow.
An SIP map of the proposed site showing at least the following:
All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled
All required and proposed building setback and offset lines
Impervious surface ratio (percentage)
DocuSign Envelope ID: 23447A38-982E-4B5D-BB1A-C6CCD3BF5475
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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 utilized), 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
Proposed grading plan.
Specific landscaping plan for the subject site, specifying the location, species, and installation size of
plantings. The landscaping plans shall include a table summarizing all proposed species and required and
provided landscaping points for all applicable landscaping components (building foundation, paved
areas, street frontages, yards, bufferyards).
Architectural plans for any nonresidential buildings, multi-family structures, or building clusters, other than
conventional single-family or two-family homes on individual lots, in sufficient detail to indicate the floor
area, bulk, and visual character of such buildings. The architectural plans shall include a percentage
breakdown of exterior materials applied to each building façade.
Conceptual Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas,
and walkways.
Signage plan for the project, including all project identification signs, concepts for public fixtures and signs,
and group development signage themes that may or may not vary from City standards or common
practices.
Any other necessary information as determined during pre-submittal meeting with City staff.
Specific written description of the proposed SIP including:
Specific project themes and images.
Specific mix of dwelling unit types and/or land uses.
Specific residential densities and nonresidential intensities as described by dwelling units per acre,
and landscaping surface area ratio and/or other appropriate measures of density and intensity.
Specific treatment of natural features, including parkland.
Specific relationship to nearby properties and public streets.
Statistical data on minimum lot sizes in the development, the precise areas of all development lots
and pads; density/intensity of various parts of the development; building coverage, and
landscaping surface area ratio of all land uses; proposed staging; and any other plans required by
Plan Commission.
A statement of rationale as to why PD zoning is proposed. This statement shall list the standard
zoning requirements that, in the applicant’s opinion, would inhibit the development project and the
opportunities for community betterment that are available through the proposed PD project.
A complete list of zoning standards that would not be met by the proposed SIP and the location(s)
in which such exceptions/base standard modifications would occur and enhancements that will
be provided to compensate for them.
Phasing schedule, if more than one development phase is intended.
Agreements, bylaws, covenants, and other documents relative to the operational regulations of the
development and particularly providing for the permanent preservation and maintenance of common
open areas and amenities.
A written description that demonstrates how the SIP is consistent with the approved GDP and any and all
differences between the requirements of the approved GDP and the proposed SIP.
Planning Staff may waive certain requirements if deemed not applicable to the project review.
I hereby certify that to the best of my knowledge all required application materials are included with this
application. I am aware that failure to submit the required completed application materials may result in denial or
delay of the application request.
Applicant’s Signature (required): _________________________________ Date: _____________________
01/22/2024
DocuSign Envelope ID: 23447A38-982E-4B5D-BB1A-C6CCD3BF5475
Page 14
JANUARY 22, 2024
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: SIP & PRELIM PLAT PROJECT NARRATIVE LAKE BUTTE DE S MORTS DEVELOPMENT PHASES 2 – 6 - OSHKOSH, WI
Mark,
Thank you for reviewing the following Specific Implementation Plan (SIP) and Preliminary Plat narrative for phases 2 – 6 of the
Lake Butte Des Morts development. The site location is currently zoned NMU-PD. Surrounding area to the east and to the south
consists 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.
PROJECT DESCRIPTION
In 2023, a GDP was granted for Phases 1 – 6 of the Lake Butte des Morts development and an SIP was granted for phase 1 of
the development at the west 3400 block of Lake Butte des Morts Drive which included two 40-unit apartments and a
clubhouse. This SIP and Preliminary Plat request is specific to the remaining phases of the development, Phases 2 – 6. This will
include five additional 82-unit apartment buildings, and eight 4-unit townhomes, totaling to 442 additional units. Phases 2 – 6
total to 65.55 acres of land and have a proposed unit density of 6.7 units/acre. Additionally, the project will consist of a 2.19
acres of Public Right-of-Way containing a City street looping through the development, providing public water and sanitary mains
for the proposed building services. An anticipated phasing plan is included with the site plan submittal. It is anticipated that
phases 2-6 will be constructed over the next 12-15 years.
Due to the unique makeup of buildings and proposed density, the site was rezoned to include a Planned Development to
minimize the need for conditional uses and variances required within a typical residential zoning district (MR-36) such as
minimum lot area, impervious surface ratio, setbacks, building height, and number of units per building. The PDD also allows
future flexibility for the development. The proposed SIP for phases 2 – 6 is consistent with the approved GDP and does not
differ between the requirements of the approved GDP.
Parking
Both underground and exterior parking will be provided on site. The site proposes 645 total stalls including 390 parking spaces
located underground in the 82 unit buildings, 191 spaces in designated parking lots, and 64 Townhome garage parking; the
total proposed parking count is 645 stalls. This equates to a proposed 1.46 stalls/unit and meets the requirements of the City
parking code (466 stalls required). Additional parking was included with Phase I to be used by the entire development and
overflow parking will be allowed on one side of the City street.
Density, Intensity, and Bulk Regulations
The project will be subdivided into different lots corresponding to each phase. The proposed minimum lot size is 1.16 acres (Lot
8), maximum size is 16.68 acres (Lot 2), and the average lot size is 8.19 acres. The lots corresponding to each phase are
indicated in the table below, along with the lot sizes.
Phase / Lot Phase 2 Phase 3 Phase 4 Phase 5 Phase 6
Lot 1 Lot 2 Lot 8 Lot 3 Lot 7 Lot 4 Lot 6 Lot 5
Lot Area (acres) 11.99 16.98 1.16 6.49 1.76 15.97 2.12 9.09
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Information on the areas of all development lots, building coverage, and landscaping surface area ratio of all land uses is
included in the attached plan sets. As the site is developed there may need to be flexibility on the order of phases and have
each building on a separate lot to meet the needs of the development. Anticipated phasing plan is included with the submitted
site plans for reference.
Landscaping, Site Drainage, and Connectivity
The overall landscape plan offers 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 has been developed and included. Native trees will be interspersed throughout the site to create a
shaded canopy for residents and increase the tree canopy density of the site. Less yard trees than required within the Oshkosh
landscape code have been proposed. Refer to code tables on subsequent landscape plan sheets. Due to the square footage of
the 82 unit buildings the required yard landscaping exceeds the functional constraints of the site. The required quantity of trees
would detract from the designed aesthetics and reduce visibility across the site. Also, due to the edges of the buildable area
being frequently wet and sloped this detracts from placement of further landscape elements.
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 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 throughout the development include open lawn space and trails, several fenced
dog parks, a pickleball/basketball court, grilling area, fire features, outdoor pool, and clubhouse.
Equipment and Signage
There will not be any outdoor storage and refuse disposal areas, as these are contained within each building. The exterior
mechanical systems will be determined during the design-build process for the respective systems and cannot be located at this time. It is intended to design them into the buildings, so they blend in or are screened with landscaping.
A signage plan has not been included with the submission. Currently, the plan sets show a monument sign. As this is a primarily residential development, minimal additional signage is anticipated, aside from address numbers on the buildings.
Development Themes and Aesthetics
The overall aesthetic of the site is to incorporate traditional architectural elements with an integrated landscape plan, as noted
above. Images of the proposed buildings are included on the following pages and renderings are also attached to this
submission.
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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Please contact me at 952.426.0699 or via email at Claire.Roth@ISGInc.com with any questions or if there is any additional
information we can provide in support of this project.
Sincerely
Claire Roth
Development Services Coordinator
Claire.Roth@ISGInc.com
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