HomeMy WebLinkAboutItem IV
PLAN COMMISSION STAFF REPORT MARCH 18, 2025
ITEM IV: PUBLIC HEARING: ZONE CHANGE FROM SUBURBAN MIXED USE
DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A
PLANNED DEVELOPMENT OVERLAY (SMU-PD) AND APPROVAL OF A
GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION
PLAN FOR A DRIVE-THROUGH COFFEE SHOP AT 1120 SOUTH KOELLER
STREET
GENERAL INFORMATION
Owner/Applicant: MilBrew Holdings
Action(s) Requested:
The applicant requests a zone change from the existing Suburban Mixed Use District (SMU) to
Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). The applicant also
requests approval of a General Development Plan and Specific Implementation Plan for a drive
through-coffee shop.
Applicable Ordinance Provisions:
Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Planned
Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Background Information:
The subject site is a 0.25-acre property located along South Koeller Street, south of West 9th
Avenue. The site has an existing restaurant building (Pizza Hut) and associated parking stalls.
The surrounding area consists of commercial uses. The 2040 Comprehensive Land Use Plan
recommends Interstate Commercial use for the subject site.
Subject Site
Existing Land Use Zoning
Commercial SMU
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial SMU
South Commercial SMU-PD
East Commercial SMU
West Interstate-41 SMU
Page 1
ITEM IV – Zone Change/GDP/SIP – 1120 S. Koeller St.
Comprehensive Plan
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Interstate Commercial
ANALYSIS
Zone Change
The applicant is requesting a zone change from the existing Suburban Mixed Use District (SMU)
designation to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) for
the subject property. The requested Planned Development Overlay designation is intended to
allow for flexibility in the zoning ordinance to accommodate redevelopment of the property. The
applicant has submitted plans for a drive-through coffee shop, which will be addressed as a
General Development Plan (GDP) and Specific Implementation Plan (SIP) review to follow. Staff
is supportive of the proposed rezone as it will assist redevelopment of the relatively small
commercial property.
Use
The applicant is proposing to demolish the existing building and parking lot on the subject site
for development of a 530 sq. ft. drive-through coffee shop (7 Brew) with two-lane drive-through.
The proposed drive-through coffee shop use is permitted in the SMU District. There will be no
inside seating for the general public as only employees are allowed inside the building.
Rezone to SMU-PD
Page 2
ITEM IV – Zone Change/GDP/SIP – 1120 S. Koeller St.
Site Design
Site Plan
The proposed development will be accessed from a shared parking lot with driveway accesses to
the north and south of the site. The applicant has provided an easement document and stated that
they have the ability to access the site from the existing shared parking lot.
The applicant is requesting Base Standard Modifications (BSM) for reduced front, side, and rear
yard setbacks. As proposed, the drive-through lanes will extend into the front yard to within 13.6’
of the South Koeller Street right-of-way line, where code requires a 25’ front yard setback and will
have 0’ side and rear yard pavement setbacks, where code requires 5’ side and rear yard
pavement setbacks.
A Plan Commission workshop was held on December 3, 2024, with Plan Commission voicing
support for the proposed use. They recommended increased landscaping to offset the reduced
setbacks and to provide screening from the drive-through lane headlights.
Page 3
ITEM IV – Zone Change/GDP/SIP – 1120 S. Koeller St.
Staff does not have concerns with the setback reductions as the limited available space on the site
does not make it feasible to meet setback requirements. The reduced front yard setback of 13.6’ is
consistent with front setbacks on neighboring sites (approximately 14’ for property to the south
and 8.5’ for property to the north). The 0’ side and rear yard setbacks are consistent with the 0’
setbacks for the existing site, abutting shared parking area. The reduced side and rear yard
setbacks are also needed to maintain sufficient front yard setback to install appropriate landscape
buffering from the public right-of-way.
Required Provided
Front Setback (west) 25 ft. min. 13.6 ft. (pavement)
Side Setback (north) 5 ft. min. 0 ft. (pavement)
Side Setback (south) 5 ft. min. 0 ft. (pavement)
Rear Setback (east) 5 ft. min. 0 ft. (pavement)
Parking Min. 2 spaces
Max. 25 spaces 0 spaces
Impervious Surface 70% max. 78.1%
Code requires a minimum of 1 parking space per 300 sq. ft. of gross floor area for restaurant uses.
The applicant is requesting a BSM to allow 0 parking spaces on-site, where code requires 2
parking spaces. Staff is supportive of the parking reduction due to the limited available space on
the property. The applicant has access to shared parking stalls in the expansive adjoining parking
lot and minimal parking is needed for the site as 4-12 employees are anticipated per shift and the
service is drive-through only, with no indoor service available to customers. The applicant has
stated that 29 stalls inside of the reciprocal access/parking easement are within 100’ of the
building entrance and these stalls are some of the farthest away from the entrance of Hobby
Lobby.
Establishments servicing food or drink have drive-through stacking length requirements of 100 ft.
in front of each order station, 55 ft. between the order station and pick-up window, and 25 ft. after
the pick-up window. The applicant states that orders are taken via tablets in the drive-through
lanes and employees then serve customers on the south side of the building. The proposed site
plan is compliant with drive-through stacking requirements.
The total proposed impervious surface area for the site exceeds the maximum of 70% for the SMU
District. Staff is supportive of the increased impervious surface ratio due to the relatively small
size of the lot, which make it difficult for even a minimally sized commercial development to be
within the 70% maximum.
Page 4
ITEM IV – Zone Change/GDP/SIP – 1120 S. Koeller St.
The applicant is requesting a reduction of bicycle parking from the code requirement of 4 spaces
to 2 spaces. The applicant notes that due to the circulation of the drive-through and provided
landscape area, there is limited space on the site to provide the required bicycle parking. Staff
does not have concerns with the bicycle parking reduction as the site is vehicle-oriented with a
relatively low number of employees.
Signage
The building elevations show wall signage on the front and side facades. Wall signage will be
limited to a maximum of 1 sq. ft. per linear foot of building frontage per the sign ordinance, with
each business within the SMU District permitted at least 50 sq. ft. of wall signage regardless of the
length of building façade. The proposed signage meets this requirement. Signage will be
addressed under a separate building permit.
Lighting
The provided photometric plan meets minimum lighting levels of 0.4 fc for parking/drive areas.
Lighting levels along the public right-of-way are under the maximum of 1.0 fc, but exceed the
maximum of 0.5 fc along the north, south, and east property lines. The applicant is requesting a
BSM to allow increased lighting to 0.9 fc along the north and south property lines and 1.7 fc along
the east property line. Staff does not have concerns with the increased lighting level along the
these property lines as it is abutting shared parking/drive areas. Light fixtures will be full cutoff
fixtures mounted at 18’, which is under the maximum fixture height of 23’ (including 3’ high
base) in the SMU District.
Storm Water Management
The applicant has been in contact with the Department of Public Works regarding storm water
management for the site. Final storm water management plans will be reviewed during the Site
Plan Review process.
Landscaping
Landscaping is required for building foundations, paved areas, street frontage, and yards.
Page 5
ITEM IV – Zone Change/GDP/SIP – 1120 S. Koeller St.
Landscape Plan
Building Foundation
Code requires a minimum of 40 landscaping points per 100 linear feet of building foundation. The
applicant is providing the required number of points, however the plantings will not be located
within 10’ of the building foundation, as required by code. According to the applicant, it is not
possible to plant landscaping around the principal building due to operational requirements for
the drive-through and walkways. Staff is supportive of the proposed BSM due to the site
limitations and unique use of the building, which requires employee walkways and pavement
around the building. The applicant has provided the required points near the refuse enclosure
and cooler.
Page 6
ITEM IV – Zone Change/GDP/SIP – 1120 S. Koeller St.
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 plan is also meeting the requirement that 30% of all points will be
devoted to tall trees and 40% will be devoted to shrubs.
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.
The plan provides almost triple the required total landscaping points. The applicant has also
increased the planting size of arborvitae trees on the street side of the drive lanes, from the
minimum 4’ height to 6’. The increased landscaping points and planting size serves to offset
requested BSMs and the larger planting size provides increased buffering of headlights from the
public right-of-way.
Building Facades
Commercial building design standards require facades to consist of at least 50% Class I materials.
The specific elevations breakdown is as follows:
Required Class I Provided Class I Provided Class I including
Nichiha Fiber Cement
North (side) 50% 10% 88%
South (side) 50% 22% 85%
East (rear) 50% 0% 85%
West (front) 50% 26% 81%
The applicant is requesting a BSM to allow Nichiha fiber cement siding as a Class I material to
meet the 50% Class I requirement on each facade. The proposed fiber cement siding is considered
a Class III material.
Although Nichiha fiber cement is considered a class III material, staff feels that Nichiha fiber
cement is a high quality, durable material, that is comparable with other class I materials. The
Nichiha fiber cement will provide a brick-like appearance for the proposed building, which will
be compatible with building facades of the neighboring commercial uses along South Koeller
Street.
The proposed cooler and refuse enclosures to the north of the building will also be constructed of
Nichiha fiber cement to match the building.
Page 7
ITEM IV – Zone Change/GDP/SIP – 1120 S. Koeller St.
Page 8
ITEM IV – Zone Change/GDP/SIP – 1120 S. Koeller St.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Zoning Map
amendment, staff recommends the Plan Commission make the following findings based on the
criteria established by Chapter 30-381 (D)(2):
(a) Advances the purposes of this Chapter as outlined in Section 30-03 because the
proposed Planned Development Overlay will allow for further review of
development on the site.
(b) Is in harmony with the Comprehensive Plan because the underlying zoning
designation (SMU) is consistent with the 2040 Comprehensive Land Use Plan
designation of Interstate Commercial.
(c) Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts because the SMU zoning
designation is consistent the zoning of neighboring properties.
(d) Addresses any of the following factors that are not properly addressed on the
current Official Zoning Map:
(ii) Factors have changed (such as new data, infrastructure, market conditions,
development, annexation, or other zoning changes), making the subject
property more appropriate for a different zoning district. A redevelopment
has been proposed for the site that may need relief from the performance
standards of the current zoning ordinance.
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 because the proposed drive-through coffee shop use is consistent
with the SMU zoning designation and Interstate Commercial 2040 Comprehensive Land
Use Plan designation.
(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 because the proposed commercial use is consistent with neighboring
commercial uses along South Koeller Street.
(g) The proposed architecture and character of the proposed Planned Development project
is compatible with adjacent/nearby development because the drive-through service site
design is consistent with drive-through service sites in the surrounding area and the brick-
like appearance of the building exterior will be consistent with the appearance of other
commercial buildings along South Koeller Street.
(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 because increased landscaping points and increased planting size will be
provided to compensate for BSM requests.
Page 9
ITEM IV – Zone Change/GDP/SIP – 1120 S. Koeller St.
Staff recommends approval of the zone change, General Development Plan, and Specific
Implementation Plan with the findings listed above and the following conditions:
1. Base Standard Modification (BSM) to allow reduced front yard setback to 13.6 ft.
2. BSM to allow reduced rear yard setback to 0’.
3. BSM to allow reduced side yard setback to 0’.
4. BSM to allow reduced off-street parking to 0 parking spaces.
5. BSM to allow reduced bicycle parking to 2 bicycle parking spaces.
6. BSM to allow increased impervious surface ratio to 78.1%.
7. BSM to allow increased lighting level to 0.9 fc at the north and south property lines, and
1.7 fc at the east property line.
8. BSM to allow reduced building foundation landscaping to 0 landscaping points.
9. BSM to allow fiber cement siding (Nichiha) as a Class I building material.
10. Final landscaping, lighting, and signage plans shall be reviewed and approved by the
Department of Community Development.
Page 10
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$1,500,000
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PROPOSED COFFEE SHOP
530 S.F.
CIVIL F.F.= 774.10
ARCH F.F.= 100'-0"
PROPOSED COOLER
250 S.F.
CIVIL F.F. = 774.10
ARCH F.F.= 100'-0"
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SHEET NUMBER
PROJECT INFORMATION
PROFESSIONAL SEAL
JOB NUMBER
240316900
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SHEET ISSUE
REVISIONS
C1.1A
CIVIL SITE PLAN
FEB. 26, 2025
20'0 20'40'
SCALE: 1"= 20' NORTH
SITE INFORMATION:
PROPERTY AREA: 10,890 S.F. (0.25 ACRES).
PROPERTY TAX KEY: 1308480300
EXISTING ZONING: SUBURBAN MIXED USE
PROPOSED ZONING: SUBURBAN MIXED USE PLANNED DEVELOPMENT
PROPOSED USE: RESTAURANT W/ DRIVE THRU
DISTURBED AREA: 10,890 S.F. (0.25 ACRES0
SETBACKS:
BUILDING: FRONT(WEST) = 25'
SIDE(NORTH/SOUTH) = 10'
REAR(EAST) = 25'
PAVEMENT:FRONT(WEST) = 25'
SIDE(NORTH/SOUTH) = 10'
REAR(EAST) = 25'
BUFFERYARD: FRONT(WEST) = 5'
SIDE(NORTH/SOUTH) = 5'
REAR(EAST) = 5'
PROPOSED BUILDING HEIGHT: 19.83' (MAX. HEIGHT ALLOWED: 45')
BICYCLE PARKING REQUIRED: 4 SPACES (2 PROVIDED)
PARKING REQUIRED: 1 SPACE PER 300 S.F. (3 SPACES REQ.)
PARKING PROVIDED: RECIPROCAL PARKING AGREEMENT WITH OWERALL DEVELOPMENT
HANDICAP STALLS REQUIRED: 1, HANDICAP STALLS PROVIDED: 1
DRIVE-THRU QUEUING: 14 QUEUING SPOTS PROVIDED
NO HAZARDOUS MATERIALS WILL BE STORED ON SITE.
EXISTING SITE DATA
AREA (AC)AREA (SF)RATIO
BUILDING FLOOR AREA 0.06 2,737 25.1%
PAVEMENT (ASP. & CONC.)0.11 4,798 44.0%
TOTAL IMPERVIOUS 0.17 7,535 69.2%
LANDSCAPE/ OPEN SPACE 0.08 3,359 30.8%
PROJECT SITE 0.25 10,894 100.0%
PROPOSED SITE DATA
AREA (AC)AREA (SF)RATIO
BUILDING FLOOR AREA 0.02 780 7.2%
PAVEMENT (ASP. & CONC.)0.18 7,728 70.9%
TOTAL IMPERVIOUS 0.20 8,508 78.1%
LANDSCAPE/ OPEN SPACE 0.05 2,386 21.9%
PROJECT SITE 0.25 10,894 100.0%
KEYNOTES
CONCRETE STOOP (SEE STRUCTURAL PLANS FOR DETAILS)
RAISED WALK (SEE DETAIL)
FLUSH WALK (SEE DETAIL)
CURB RAMP (SEE DETAIL)
18" CURB & GUTTER (SEE DETAIL)
CURB TAPER (SEE DETAIL)
HANDICAP SIGN PER STATE CODE (SEE DETAIL)
HANDICAP STALL & STRIPING PER STATE CODES
DUMPSTER ENCLOSURE (SEE ARCH PLANS FOR DETAILS)
6" CONCRETE BOLLARDS (TYP.) (SEE ARCH PLANS FOR DETAILS)
BIKE RACK (TYP.) (TYPE & COLOR BY OWNER)
DETECTABLE WARNING PLATE PER STATE CODE
PICNIC TABLE (DETAILS BY SUPPLIER)
PAINT STRIPING (TYP). FINAL COLOR BY OWNER
OSHKOSH ROW CONCRETE AND CURB AND GUTTER. REPLACE TO MATCH EXISTING
SECTION. INSTALL PER CITY STANDARDS.
APPROXIMATE AREA OF SNOW REMOVAL. (EXISTING REA ALLOWS OFFSITE)
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LEGEND:
HATCH PAVEMENT SECTION
HEAVY DUTY ASPHALT
SIDEWALK CONCRETE
DUMPSTER PAD / APRON
CONCRETE
CITY OF OSHKOSH ROW
CONCRETE
GENERAL NOTES:
·CONTRACTOR TO CONTACT THE CITY OF OSHKOSH WATER
DISTRIBUTION UTILITY AT 232-5330 AT LEAST 7 DAYS PRIOR TO ANY
WORK INVOLVING THE PUBLIC WATER MAIN (INCLUDING LATERAL
CONNECTIONS)
·ALL EROSION CONTROL MEASURES SHOULD BE IMPLEMENTED AND
CONSTRUCTED IN ACCORDANCE WITH WISCONSIN DNR TECHNICAL
STANDARDS
·ALL WORK PERFORMED WIHTIN THE ROW OR ANY EASEMENTS
CONFORMS TO CITY OF OSHKOSH SPECIFICATIONS
·USE 3M SCOTCHMARK MODEL 1404-XR WASTEWATER AND 1408-XR
MARKER BALLS OR EQUAL TO PROVIDE LOCATION OF THE SANITARY
NAD STORM LATERALS. ONE BALL SHALL BE PROVIDED AT THE
CONNECTION TO THE MAIN, ONE BALL 2' OFF THE ROW INTO THE
ROW, AND ONE BALL AT ALL HORIZONTAL AND VERTICAL BENDS.
MAXIMUM DEPTH OF BURY OF THE MARKER BALL IS 5 FEET.
·ALL TRUCKS SHALL TAKE THE SHORTEST ROUTE TO THE NEAREST
TRUCK ROUTE. THE CITY ENGINEERING DEPARTMENT MAY APPROVE
AN ALTERNATE ROUTE UPON REQUEST.
PD BASE STANDARD MODIFICATIONS:
·SECTION 30-52(G) - SETBACKS
·SECTION 30-175(Q)(1)(a) - BICYCLE PARKING
·SECTION 30-253(A)(3)-BUILDING FOUNDATION PLANTING LOCATIONS
·USE OF NICHIHA AS CLASS I BUILDING MATERIAL
·TOTAL IMPERVIOUS AREA EXCEEDING 70%
偡来‱㤠
REZONE.GDP.SIP
1120 S. KOELLER ST.
PC: 3-18-2025
PARVATI OSH REALTY LLC
16625 POWELLS COVE BLVD
APT 12E
FLUSHING NY 11357-1518
1120 KOELLER LLC
C/O PH HOSPITALITY GROUP
1120 S KOELLER ST
OSHKOSH WI 54904-6171
1028 N 14 ST SHEBOYGAN LLC
ATTN: 404 S KOELLER ST LLC
691 S GREEN BAY RD #208
NEENAH WI 54956-3153
K F INVESTMENTS LLC
288 E JOHNSON ST
FOND DU LAC WI 54935-3632
KOELLER ONE LLC
C/O LIVESEY CO LLC
2248 DEMING WAY # 200
MIDDLETON WI 53562-5509
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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: 2/21/2025
1 in = 500 ft1 in = 0.09 mi¯1120 S. KOELLER ST.ZONING MAP
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
Page 22
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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: 2/21/2025
1 in = 100 ft1 in = 0.02 mi¯1120 S. KOELLER ST.AERIAL MAP
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
Page 23