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HomeMy WebLinkAboutItem 4PLAN COMMISSION STAFF REPORT MARCH 17, 2026 ITEM 4: Public Hearing: Conditional Use Permit Request for a New Apartment Development located at 10 Maryden Road, 2558 Witzel Avenue, and 2534 Witzel Avenue Applicant: JLA Architects (Margaret Sippel) Property Owner: MB Moon, LLC (Steve Moorhead) Action Requested: The applicant is requesting a Conditional Use Permit (CUP) for a new apartment development. Applicable Ordinance Provisions: Apartments (37+ units per building) are permitted only through a CUP in the Multi-Family Residential-36 District (MR-36) as regulated in Section 30-44 (C) 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 site consists of three parcels totaling 3.36 acres. 10 Maryden Road and 2558 Witzel Avenue each contain existing single- family residential buildings, while 2534 Witzel Avenue is currently vacant. The surrounding area consists of a mix of single-family and multi-family residential uses. Adjacent Land Use and Zoning Existing Uses Zoning North Multi-Family Multi-Family Residential-20 (MR-20) South Multi-Family & Single-Family Multi-Family Residential-12 (MR-12) & Single- Family Residential-5 (SR-5) East Multi-Family Multi-Family Residential-36 (MR-36) West Multi-Family Multi-Family Residential-12 (MR-12) & Duplex Residential-6 (DR-6) The applicant is proposing removal of all existing structures and construction of a new four- story multi-family apartment development, with a total of 92 units. The site will include 92 at- grade parking spaces, and 57 underground spaces. Apartments exceeding 37 units per building are a conditional use of the MR-36 District. A neighborhood meeting was held on February 19, 2026. Neighbors in attendance had questions related to the design of the proposed development, but were overall in support of the project. A Comprehensive Land Use Map Amendment from Light-Density Residential to Medium and High-Density Residential for the subject site and four surrounding parcels was approved by Plan Commission on March 3, 2026, and approved by Common Council on March 10, 2026. A zone change from Single Family Residential-5 (SR-5) to Multi-Family Residential-36 (MR-36) was requested in the item prior. Page 1 Item 4 – CUP: Witzel Avenue and Maryden Road Site Design & Access: The proposed multi-family development will have two driveway accesses, one on Maryden Road, and one on Witzel Avenue. The proposed site plan meets requirements for setbacks and parking. The proposed plan also includes 92 at-grade parking stalls, and 57 underground parking stalls, which exceeds the required 115 parking stalls. Multi- family uses are required to provide outdoor recreation area at a minimum of 200 sq. ft. plus 25 sq. ft. per bedroom (3,500 sq. ft.). The proposed site layout provides over 10,313 sq. ft. of yard space including an outdoor game area, grill area, swimming pool, and swimming pool deck that meets this requirement. The northwest corner of the development will also include a dog park for residents. A Certified Survey Map (CSM) has been applied for and will be used to combine the three lots. Required Provided Front Setback (Witzel Ave.) 25 ft. 25 ft. Street Side Setback (Maryden Rd.) 25 ft. 25 ft. Side Setback (east) 16.5 ft. 21.9 ft. Side Setback (west) 16.5 ft. 70.1 ft. building 39.1 ft. pavement Rear Setback (north) 35 ft. 35.5 ft. Parking Spaces 115 57 underground, 92 on-grade (149 total) Page 2 Item 4 – CUP: Witzel Avenue and Maryden Road Signage - Proposed building elevations include conceptual wall signage. Final signage plans will be addressed under a separate building permit. Lighting - The applicant has submitted a photometric lighting plan. The proposed plan utilizes 20’ tall light poles, which is under the maximum light fixture height for the MR-36 district. The light fixtures are full cut-off fixtures. Code requires the light fixtures to be shielded from neighboring residentially zoned properties. Lighting levels do not exceed the maximum levels of 0.5 fc at the property lines; however, the plan shows lighting levels are deficient for parking/drive areas. Lighting levels and shielding will be addressed during Site Plan Review. Storm Water Management - The final storm water management plans will be approved during the Site Plan Review process. Landscaping - Code requires building foundation, paved area, street frontage, yard and bufferyard landscaping requirements to be met for the proposed site. The applicant has provided a landscaping plan for the development. Building Foundation - A minimum of 80 landscaping points per 100 linear feet of building foundation is required for the building. The landscape plan is meeting the building foundation planting requirement. Paved Area - A minimum of 50 landscaping points per ten parking stalls or 10,000 sq. ft. of paved area is required. The code further specifies 30% of all points will be devoted to tall trees and 40% will be devoted to shrubs. The landscaping plan shows a combination of trees and shrubs around the new parking areas to meet the paved area requirements. Street Frontage - Code requires 100 landscaping points per 100 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 along both street frontages. The landscape plan includes landscaping above 30” in height within the 20’ x 20’ corner vision triangle. The plan will need to be modified during the Site Plan Review Process to ensure no plantings above 30” will be installed within the vision triangle. Yards - Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The landscaping plan meets the yard landscaping requirement. Bufferyards - A 0.1 opacity bufferyard is required along the neighboring Multi-Family Residential-20 (MR-20) zoned properties on the north side of the site. The applicant is providing a 10’ wide bufferyard along all property lines along with evergreen tree landscaping to meet the bufferyard requirement. Additionally, a 0.2 opacity bufferyard is required along the adjacent Duplex Residential-6 (DR-6) properties on the west side of the site. The applicant is installing a 6’ tall solid cedar fence to meet the bufferyard requirement. Page 3 Item 4 – CUP: Witzel Avenue and Maryden Road Building Facades – The proposed building will be constructed primarily of Hardi-panel, along with brick veneer, aluminum panel, and windows. Street facing facades of multi-family buildings are required to have 20% of the façade area devoted to windows and doors. The street facing facades are meeting this requirement. Page 4 Item 4 – CUP: Witzel Avenue and Maryden Road Findings: 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 the proposed multi-family apartment development is consistent with the 2040 future land use recommendation of Medium and High-Density Residential. (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 MR-36 District and will include appropriate buffering from neighboring residential properties, per bufferyard landscaping requirements. (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 neighboring multi-family 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 the use of the subject site. (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 meets the standards of the MR-36 District, and is also compatible with the neighboring multi-family uses, while providing appropriate buffering from neighboring residential properties. Recommendation/Condition: Staff recommends approval of the proposed CUP for the new apartment development at 10 Maryden Road, 2558 Witzel Avenue, and 2534 Witzel Avenue 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 5 March 2025 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.oshkoshwi.gov/PlanningServices/ SUBMIT TO: Dept. of Planning Services 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 Room 204 PHONE: (920) 236-5059 Email: planning@oshkoshwi.gov 220 E. Buffalo Suite 202 Milwaukee WI 53202 977-7189414 msippel@jla-ap.com x MB Moon LLC 1423 Plainview Drive Oshkosh WI 54904 920 230-7303 steve@barrinc.com x x 01-30-26 01-30-26Margaret Sippel 10 Maryden Rd; 2558 Witzel Ave; 2534 Witzel Ave Oshkosh, WI 54904 SR-5 & DR-6 & MR-12 MR-36 MR-20 & SR-5 MR-12 & SR-5 Single Family Residential Multi-Family Residential (MR-36) x (SR-5) $21.5 Million Docusign Envelope ID: 096988D7-DFAA-4721-A64C-E7C63E980F39 2/2/2026 2/2/2026 Page 6 March 2025 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 There are no projected negative effects for the health, safety, and general welfare of the surrounding occupants. The projected pedestrian and vehicular circulation for the proposed property would occur by the residents of the 92 unit apartment building (totaling 131 bedrooms), along with deliveries for residents, and prospective resident visits. No adverse impacts to adjoining properties are anticipated. The pool and dog park will be available for use from dawn to dusk. There are no projected adverse impacts to noise, air, water, or any projected environmental pollution to the surrounding area. Surrounding land uses include SR-5, DR-6, MR-20, MR-12, and MR-36 zoning districts. The proposed building is designed to integrate within the surrounding area in both scale and use. The structure is positioned at the northeast corner of the site, closest to the adjacent MR-20 and MR-36 zoned properties, supporting a cohesive transition within the neighborhood. The projected demand for public services and facilities would be only to provide for the residents of the 92 unit apartment building (totaling 131 bedrooms). Docusign Envelope ID: 096988D7-DFAA-4721-A64C-E7C63E980F39 Page 7 March 2025 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: _____________________ Docusign Envelope ID: 096988D7-DFAA-4721-A64C-E7C63E980F39 2/2/2026 Page 8 220 E. Buffalo Suite 202 | Milwaukee, Wisconsin 53202 | 414.988.7520 | jla-ap.com January 30, 2026 City of Oshkosh General Application Zoning Map Amendment (Rezoning) Application Narrative of Proposed Project Re: Project: Moon Property Apartments Project Location: City of Oshkosh, Wisconsin Project No. W24-0815 The proposed property use is Multi-Family Residential (MR-36). The three subject parcels are currently zoned Single-Family Residential (SR-5) totaling 146,278SF (3.36 acres). The proposal includes the removal of all existing structures and the construction of a new four-story multi- family residential building containing 92 apartment units with one level of underground parking. The square footages per level are as follows: Underground level: 26,514SF; First Floor: 25,938SF; Second Floor: 25,351SF; Third Floor: 25,938SF; Fourth Floor: 25,938SF. The property will provide 92 on-grade parking spaces and 57 underground parking spaces for the residents. The proposed site paved parking area includes 38,671SF, and the proposed landscape area includes 65,844SF. The proposed site design includes a range of resident amenity spaces, including an outdoor grill and patio area, enclosed pool, dog park, resident storage, fitness center, clubroom, and lounge. Surrounding land uses include SR-5, DR-6, MR-20, MR-12, and MR-36 zoning districts. The proposed building is designed to integrate within the surrounding area in both scale and use. The structure is positioned at the northeast corner of the site, closest to the adjacent MR-20 and MR-36 zoned properties, supporting a cohesive transition within the neighborhood. Produced by: Margaret Sippel Project Manager JLA Architects (414) 977-7189 Page 9 1 146,278 SF 3.3581 ac 17 8 ' 200' 200' 100' 100' 330' 15 2 ' 20' 20 ' 20' 15 ' 20' 10 ' Proposed Lot 0.03' RA M P D N CEC E W T W E W 24' 24' 9' 18' 6' 6'5' 24' R5.5' R5.5' 26.6' 24' 238' 117' 188.54' 70.1' 35.53' 21.9' Proposed Building R25' R5.5' R5' R24' Proposed Stormwater Pond 9' 18 ' 24 ' 24' 24 ' 18 ' 9'R5' R25' R4.5' R10' 24 ' R3' R4.5' R4.5' R4.5' R6' R6' R5' 9' 9' 7' 18 ' R5' Proposed 6' Cedar Fence Proposed 6' Cedar Fence Light Duty Asphalt Light Duty Asphalt Light Duty Asphalt Light Duty Asphalt Light Duty Asphalt Heavy Duty Asphalt Heavy Duty Asphalt Heavy Duty Asphalt 7' Standard Curb and Gutter Mountable Curb and Gutter Landing for Accessibility Curb Ramp Standard Curb and Gutter Moutable Curb and Gutter Curb to be closed per City of Oshkosh Standards Curb to be closed per City of Oshkosh Standards Snow Storage Snow Storage Full Panel Replacement per City of Oshkosh Specifications E E T W C LEGEND Underground Fiber Optic Overhead Utility Lines Utility Guy Wire Underground Electric Underground Gas Line Underground Telephone Treeline Index Contour - Existing Intermediate Contour - Existing Sanitary MH / Tank / Base Storm Manhole Inlet Catch Basin / Yard Drain Water MH / Well Hydrant Utility Valve Utility Pole Guy Wire Electric Pedestal Electric Transformer Telephone Manhole Ex Spot Elevation CATV Pedestal Deciduous Tree Coniferous Tree Benchmark Asphalt Pavement Concrete Pavement Gravel Sanitary Sewer (Pipe Size) Storm Sewer (Pipe Size) Water Main (Pipe Size) 34" Rebar Found 1" Iron Pipe Found 34" x 18" Steel Rebar @ 1.50lbs/LF SET Chiseled "X" SET Proposed Building Proposed Asphalt Proposed Concrete Proposed Gravel Page Author: Date: C1.0 MDB Last Saved by: mitch Filename: 9013Engr.dwg Mo o n P r o p e r t y A p a r t m e n t s Ci t y o f O s h k o s h , Wi n n e b a g o C o u n t y , W I Fo r : MB M o o n , L L C SI T E P L A N DA V E L E N G I N E E R I N G & EN V I R O N M E N T A L , I N C . Ci v i l E n g i n e e r s a n d L a n d S u r v e y o r s 11 6 4 P r o v i n c e T e r r a c e , M e n a s h a , W I 5 4 9 5 2 Ph : 9 2 0 - 9 9 1 - 1 8 6 6 ww w . d a v e l . p r o 30 0 30 60 90 02/2/2026 SHEET INDEX: Sheet Page Site Plan C1.0 Topographic Survey C1.1 Drainage and Grading Plan C1.2 Erosion & Sediment Control Plan C1.3 Utility Plan C1.4 Construction Details C2.1 Erosion & Sediment Control Details C2.2 Stormwater Pond Detail C2.3 Landscape Plan L1.0 SITE INFORMATION: Legal Description:Lot 1 CSM 2870 Site Address:2534 Witzel Ave Parcel #s:06-2301-00-00 06-2303-00-00 06-2302-00-00 Current Use: Vacant Proposed Use:Multi Family Units Current Zoning: SR-5 Single Family Residential Proposed Zoning:MR-36 High Density Multi Family Adjacent Zoning: North - MR-20 Multi - Family South - MR-12 Multi - Family East - MR-36 Multi - Family West - DR-6 Duplex Residential Site Areas Parcel Area: 146,278 SF (3.358 Acres) Existing Building Area (including razed areas):12,334 SF Existing Pavement Area (including razed areas):8,194 SF Existing Sidewalk Area (including razed areas):7,331 SF Total Existing Impervious Area:27,859 SF (19.04%) Total Proposed Building Area:26,514 SF Total Proposed Pavement Area:38,882 SF Total Proposed Sidewalk Area:16,115 SF Total Proposed Impervious:81,511 SF (55.72%) Total Proposed Greenspace:64,767 SF (44.28%) PROPERTY OWNER: MB Moon, LLC 1423 Planeview Dr Oshkosh, WI 54904 Telephone:(920) 279-5923 Email:dan@barrinc.com APPLICANT: MB Moon, LLC 1423 Planeview Dr Oshkosh, WI 54904 Telephone:(920) 279-5923 Email:dan@barrinc.com Architect: JLA Architects Margaret Sippel Telephone:(414) 977-7189 Email: msippel@jla-ap.com PARKING CALCULATIONS: Parking Requirements 115 Stalls (One stall per unit + One guest stall per four units) Underground Parking 60 stalls (3 handicap) At-Grade Parking 98 stalls (4 handicap) Total Parking Available 158 stalls (7 handicap) Dwelling Units per Acre = 92/3.358 = 27.4 units/ac NO SCALE Witzel Ave. Ma r y d e n R d . Project Location LOCATION MAP NW 1/4 SEC 21, T 18 N, R 16 E, CITY OF OSHKOSH WINNEBAGO COUNTY, WI 21 16 21 17 1620 21 20 21 Wyldewood Dr. N O a k w o o d R d . Havenwood Dr. N W e s t h a v e n D r . MITCHELL BAUER E-46552 MENASHA WI i i 2026.02.02 10:15:04-06'00' Page 10 W Y L D E W O O D D R MARYDEN RD WITZEL AV S WESTHAVEN DR N W E S T H A V E N D R Oshkosh City Limit Oshkosh City Limit 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: 2/3/2026 1 in = 220 ft1 in = 0.04 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 11 MARYDEN RD WITZEL AV MARYDEN RD WITZEL AV DR-6 MR-12 MR-12-PD MR-20 MR-36 SR-5 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: 2/3/2026 1 in = 160 ft1 in = 0.03 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 12