HomeMy WebLinkAboutItem 7PLAN COMMISSION STAFF REPORT AUGUST 19, 2025
ITEM 7: PUBLIC HEARING: Conditional Use Permit Request for a Group
Development Located at the Northwest Corner of East Tennessee Avenue and
Mount Vernon Street (Parcel 91505340100)
Applicant: Adam Hertel – American Architectural Group
Property Owner: Randy Schmiedel – Intrepid Investments, LLC
Action Requested: The applicant is requesting a Conditional Use Permit for a group
development.
Applicable Ordinance Provisions: Group and large developments are permitted only through
a Conditional Use Permit (CUP) as regulated in Section 30-171 of the Zoning Ordinance.
Criteria used for CUPs are located in Section 30-382 of the Zoning Ordinance.
Property Location and Background Information:
The subject area includes a 1.19-acre vacant property with frontage on East Tennessee Avenue,
Mount Vernon Street, East Custer Avenue, and Harrison Street. The surrounding area consists
primarily of residential uses along with an auto body shop on the adjoining property to the
west/south and an institutional use to the east. The subject property is zoned Urban Mixed-Use
District (UMU) and slated for Neighborhood Commercial use in the 2040 Comprehensive Land
Use Plan.
Subject Site
Existing Land Use Zoning
Vacant UMU
Adjacent Land Use and Zoning
Existing Uses Zoning
North Residential UMU & UMU-PD
South Residential TR-10
East Residential & Institutional MR-12 & I
West Residential SR-9
Recognized Neighborhood Organizations
Midtown
Comprehensive Plan
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Neighborhood Commercial
The applicant is proposing three townhome buildings, totaling 15 units. Townhouses of three to
eight units are permitted in the UMU district. Group developments with three or more
principal structures require a CUP regardless of whether the individual uses within the
development are permitted by right within the applicable district.
Page 1
Item 7 – CUP: NW Corner E Tennessee Ave. & Mount Vernon St.
A neighborhood meeting was held on August 5, 2025. The neighbors in attendance were
generally supportive of the proposed use, but noted possible concerns related to the proposed
residential use being adjacent to the existing auto body shop to the west/south, and
recommended providing solid fencing or landscaping to buffer the residential use from the
commercial use.
Standards applicable to group and large developments are found in Section 30-171(E) of the
Zoning Ordinance and include the following:
(1) Land uses and development shall comply with the applicable requirements of this Chapter,
including, but not limited to, density, intensity, bulk, setback, and building separation
requirements; building and site design standards; landscaping and green space requirements;
access, parking, loading requirements; and signage requirements.
(2) The applicant shall demonstrate how the proposed development relates to each of the following
criteria:
a. Complements the design and layout of nearby buildings and developments.
b. Enhances, rather than detracts from, the desired character of the surrounding area.
(3) Architectural Quality. All buildings within the group and/or large development shall be
compatible with one another in terms of architectural quality and design, as determined by the
Plan Commission.
Site Design & Access
The proposed site will have seven driveway accesses to attached garages from Mount Vernon
Street and a single driveway access from Harrison Street. The proposed site plan meets
requirements for setbacks, building separation, parking, residential density, and impervious
surface ratio. Multi-family uses are required to provide outdoor recreation area at a minimum
of 200 sq. ft. plus 25 sq. ft. per bedroom (1,325 sq. ft.). The proposed site plan provides sufficient
yard space and patio areas to meet this requirement.
Page 2
Item 7 – CUP: NW Corner E Tennessee Ave. & Mount Vernon St.
Required Provided
Front Setback (E. Tennessee
Ave.) 25 ft. 30.5 ft.
Front Setback (Harrison St.) 25 ft. pavement
5 ft. pavement
43 ft. building
5 ft. pavement
Front Setback (E. Custer
Ave.) 25 ft. 25.5 ft.
Steet Side Setback (Mount
Vernon St.) 12 ft. 22 ft.
Side Setback (south) 7.5 ft. 17.7 ft.
Side Setback (west) 7.5 ft. 30 ft.
Building Height Max: 35 ft. 29 ft.
Required Provided
Parking Spaces Min: 15 34
Lot Area Min: 1,200 sq. ft. per
dwelling unit 3,442 sq. ft. per unit
Impervious Surface Max: 75% of lot 49% of lot
Signage - No signage plans were submitted with this request.
Lighting - A photometric lighting plan has been provided, which shows wall mount fixtures on
each building. Lighting levels on the plan are within the maximum of 1.0 fc at the public right-
of-way and 0.5 fc at the interior property lines. The plan does not show lighting levels for the
driveways. This will be addressed during Site Plan Review.
Storm Water Management - The applicant has been in contact with the Department of Public
Works regarding storm water management for the subject area. The final storm water
management plans will be approved during the Site Plan Review process.
Landscaping - Code requires building foundation, paved area, street frontage, and yard
landscaping requirements to be met for the proposed site.
Page 3
Item 7 – CUP: NW Corner E Tennessee Ave. & Mount Vernon St.
Building Foundation - A minimum of 40 landscaping points per 100 linear feet of building
foundation is required for each building. The landscape plan is meeting the building foundation
planting requirement for each building.
Paved Area - A minimum of 40 landscaping points per 10 parking stalls or 10,000 sq. ft. of
paved area is required. The landscape plan is meeting this requirement. The code further
specifies 30% of all points will be devoted to tall trees and 40% will be devoted to shrubs. The
plan does not specify the number of points devoted to tall trees and shrubs, which may be
addressed during Site Plan Review.
Street Frontage - Code requires 100 landscaping points per 60 feet of right-of-way. Code further
specifies that 50% of the required points shall be devoted to medium trees. The landscaping
plan is meeting the street frontage landscaping point requirements. One of the street frontage
trees appears to be located within the 20’ X 20’ corner vision triangle. This tree will need to be
moved outside of the vision triangle and may be addressed during Site Plan Review.
Yards - Code requires 10 landscaping points per 1,000 sq. ft. of gross floor area. The landscaping
plan meets the yard landscaping requirement.
Page 4
Item 7 – CUP: NW Corner E Tennessee Ave. & Mount Vernon St.
Building Facades
The proposed townhomes are two-story buildings with the exterior consisting primarily of
vinyl siding along with window and door areas for each unit. The inclusion of dormers, varying
roof heights, and window placement provide building articulation. The proposed exterior
materials (vinyl siding) are compatible with materials utilized on residential structures in the
surrounding area.
Code requires 20% of street facing facades to be comprised of window and door area. The plan
is meeting this requirement for all street facing facades, with the exception of the north façade
of the 5-unit building (facing East Custer Avenue).
Planning staff, with the Community Development Director or designee, determined the site has
unusual difficulties related to this requirement as it has four street frontages. The proposed
plans exceed the 20% door/window area requirement on the primary facades of all buildings
and sufficient articulation is provided on this building end. Staff will permit the window/door
area reduction as proposed, as this exception is in keeping with the purpose of this Section.
Page 5
Item 7 – CUP: NW Corner E Tennessee Ave. & Mount Vernon St.
7-unit building elevations
5-unit building elevations
Page 6
Item 7 – CUP: NW Corner E Tennessee Ave. & Mount Vernon St.
3-unit building elevations
FINDINGS/CONDITIONS:
In its review and recommendation to the Common Council, on an application for a CUP, 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 as it meets the 2040 Comprehensive Plan
goal to “encourage compatible land use development”, as the proposed multi-family
use is compatible with neighboring residential land uses.
(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 because the proposed site will comply with zoning
requirements for the UMU District and is compatible with neighboring residential
land uses.
(3) Maintains the desired consistency of land uses, land use intensities, and land use
impacts as related to the environs of the subject property because the multi-family use
of the property is consistent with the UMU zoning designation of the subject property
and neighboring residential properties.
(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 as existing
infrastructure is in place for use of the subject site.
Page 7
Item 7 – CUP: NW Corner E Tennessee Ave. & Mount Vernon St.
(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 because the
multi-family use is compatible with UMU District zoning and existing residential uses
in the surrounding area, and also meets the group development standards found in
Section 30-171(F) of the Zoning Ordinance.
RECOMMENDATION:
Staff recommends approval of the proposed CUP for a group development located at the
northwest corner of East Tennessee Avenue and Mount Vernon Street (parcel 91505340100) as
proposed with the findings listed above and the following condition:
• Final landscaping and lighting plans shall be approved by the Department of
Community Development.
Page 8
Sign_______ Staff ________ Date Rec’d ________
City of Oshkosh Application
Conditional Use Permit
**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: ____________
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: ___________________________________________________________________
**Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal.
Application fees are due at time of submittal. Make check payable to City of Oshkosh.
Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE
For more information please the City’s website at https://www.ci.oshkosh.wi.us/CommunityDevelopment/
SUBMIT TO: Dept. of Community Development
215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903-1130
Room 204
PHONE: (920) 236-5059 Email: planning@ci.oshkosh.wi.us
Adam Hertel - American Architectural Group 7/7/2025
3350 S. River Road West Bend WI 53090
262 334-3811 adam@teamaag.net X
X
Randy Schmiedel - Intrepid Investments, LLC 7/7/2025
230 Ohio Street, Suite 200 Oshkosh WI 54902
920 230-3802 X
X
Property bound by E. Custer Ave, Mt. Vernon St, Tennessee Ave, and Harrison St.
Condominiums
$5 million
Vacant UMU
7/7/2025
7/7/2025
rschmiedel@discovery-properties.com
UMU-PD & SR-9
TR-10
MR-12, I, & TR-10
SR-9 & UMU
Page 9
2
Briefly explain how the proposed conditional use will not have a negative effect on the issues below.
1. Health, safety, and general welfare of occupants of surrounding lands.
2. Pedestrian and vehicular circulation and safety.
3. Noise, air, water, or other forms of environmental pollution.
4. The demand for and availability of public services and facilities.
5. Character and future development of the area.
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)
A narrative of the proposed conditional use and project including:
Proposed use of the property
Existing use of the property
Identification of structures on the property and discussion of their relation to the project
Projected number of residents, employees, and/or daily customers
Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and
acreage to the nearest one-hundredth of an acre
Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc.
Surrounding land uses
Compatibility of the proposed use with adjacent and other properties in the area.
Traffic generation
Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties
A complete site plan including:
Digital plans and drawings of the project
Title block that provides all contact information for the petitioner and/or owner, if different
Full name and contact information of petitioner’s engineers/surveyors/architects, or other design professionals used in
the plan preparation
The date of the original plan and latest date of revision to the plan
A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1”=60’) unless
otherwise approved by the Department of Community Development prior to submittal
All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled
All required and proposed building setbacks and offset lines
All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks,
patios, fences, walls
Location of all outdoor storage and refuse disposal areas and the design and materials used for construction
Location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a
summary of the number of parking stalls provided per the requirements of Section 30-175 City of Oshkosh Zoning
Ordinance
Location and dimension of all loading and service areas on the subject property
Location, height, design, illumination power and orientation of all exterior lighting on the property including a
photometrics plan
Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where
applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not
limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators,
generators
The majority of the surrounding land is single-family and multi-family residential. The proposed development
is residential that will complement the surrounding buildings.
The proposed development will have the same type of pedestrian and vehicular traffic as most of the
surrounding area.
The development will produce minimal noise, air, water, and environmental pollution and at the least
will not add anything that is already present in the area.
Public utilities are available to the proposed property and should not put a large demand on the system.
The proposed buildings will have the same character and aesthetic as the surrounding residential
neighborhoods.
Page 10
3
A complete landscaping plan including (If deemed necessary by Planning Services):
The location, species, and installation size of plantings.
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 plan including a percentage breakdown of exterior materials applied to each building façade (if deemed
necessary by Planning Services).
Any other necessary information as determined during pre-submittal meeting with City staff.
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: _____________________
7/7/2025
Page 11
Project Narrative – Mt. Vernon St. Townhomes
This new development will be 15-unit townhouse style homes divided into 3 separate buildings. Each unit
will comprise of 2 bedrooms, 2 bathrooms or 3-bedroom 2.5 bath townhomes with separate entrance to
each unit and its own 1 or 2-car private garage. This neighborhood currently is a mixed-use
neighborhood with commercial properties, apartments, condos, and single-family homes to the north of
this property. So, we feel this newer style home will fit very well into this area.
This development will fill a missing niche in the market and will also be a set of restrictive covenants for
this property that each owner will have to comply with.
The following are BSM requested:
• 5–8 unit townhomes prohibited in UMU district – BSM needed.
We are requesting a BSM since 5-8 unit townhomes are not allowed in UMU district.
• The density of 12.6 units/acre exceeds maximum of 10 units/acre – BSM needed.
We are requesting BSM since we exceed a maximum of 10 units/acre.
• The impervious surface ratio of 46.46% does not exceed the maximum of 50% - No BSM needed.
• Pedestrian access and bicycle parking are not provided – BSM needed.
We are requesting BSM not to have pedestrian access and bicycle parking. All units have their
own garage/driveway for bicycle parking.
• Recreation area: Min. 200 s.f. + 25 s.f. per bedroom – BSM needed.
1,325 s.f. recreation area required (45 Beds X 25 s.f. + 200 s.f. = 1,325 s.f.).
We are requesting a BSM to have multiple recreation areas in lieu of one single area. Each unit
will have their own 80 s.f. concrete patio (15 units x 80 = 1,200 s.f.) for sitting, sunbathing and
grilling. There will also be miscellaneous grass areas and driveways for recreational activities.
In addition to the concrete patios we are providing a 500 s.f. recreational area for a swing set,
sandbox and picnic table for a total of 1,700 s.f. of recreational space.
Additional Site Features:
• Curbing is shown around drive lanes.
• All homes will have their own garbage/recycling containers.
• There will be no signage on the site.
• Each building will have its own room for water service and metering shall.
Randy Schmiedel
Principal
230 Ohio Street, Suite 200
Oshkosh, WI 54902
Ph: 920-230-3802
Fax: 920-426-4606
www.discovery-properties.com
Page 12
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Page 13
JEFFERSON ST
MT VERNON ST
EASTMAN ST
JEFFERSON ST
E TENNESSEE AV
E CUSTER AV
JEFFERSON
ST
E NEVADA AV E NEVADA AV
N MAIN ST
W NEWYORK AV
HARRISON ST
E NEW YORK AV
MountVernonTot Lot
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: 7/8/2025
1 in = 160 ft1 in = 0.03 mi¯NOTICE 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 14
E TENNESSEE AVJ
EFFERSON
ST
E CUSTER AV E CUSTER AV
MT VERNON ST
E TENNESSEE AV
JEFFERSON ST
MT VERNON ST
HARRISON ST
HARRISON ST
E TENNESSEE AV
E CUSTER AV E CUSTER AV
MT VERNON ST
JEFFERSON ST
JEFFERSON ST
JEFFERSON ST HARRISON ST
I
MR-12
MR-12
SR-9
TR-10
TR-10
TR-10
UMU
UMU-PD
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: 7/25/2025
1 in = 120 ft1 in = 0.02 mi¯ZONING & 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 15