HomeMy WebLinkAbout09-50FEBRUARY 24, 2009 09 -50 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE REZONING THE WEST SIDE OF SOUTH MAIN
STREET BETWEEN WEST 10TH AVENUE AND WEST 15TH
AVENUE FROM M -2 TO C -3 PD
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30 -16
(B) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS.
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 30 -16(B) of the Oshkosh Municipal Code pertaining to
Zoning Districts and the map therein described is hereby amended by changing the
district character of the following described property from M -2 Central Industrial to C -3
Central Commercial with a Planned Development Overlay. Generally located on the
west side of South Main Street between West 10th Avenue and West 15th Avenue.
All of Lots 8, 9, 10, 11, 19, 20 and 21, Block 21; also Lot 8, Block 26, excluding the W
10 ft.; also all of Lots 9, 10 11 20 21 and 22, Block 26; also all of Lots 9, 10 11 20 21
and 22, Block 30; also all of Lots 9, 10 11 20 21, and 22, Block 34; also all of Lots 9,
10 11 20 21 and 22, Block 38; all in Plat of Original 3rd Ward, plus public right -of -way
abutting said lots extending to the centerlines of W. 10th Ave., S. Main St. and W. 15th
Ave., all in the 3rd Ward, City of Oshkosh, Winnebago County, Wisconsin.
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #09 -XX APPROVE REZONING THE WEST SIDE OF SOUTH
MAIN STREET BETWEEN WEST 10TH AVENUE AND WEST 15TH AVENUE FORM
M -2 TO C -3 PD on March 10, 2009. The Ordinance changed the zoning on properties
on the west side of South Main Street to C -3 PD. The full text of the Ordinance may be
obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at
www.ci.oshkosh.wi.us Clerk's phone: (920) 236 -5011.
Z 50 1 46 1 40 I 344 ( I 22 I 20
10TH W 10TH AVEAVE.
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PARK W SOUTH PARK AVE AVE. rY E. S UTH PARK AVE.
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t23A 109A 45A 25A
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DISCLAIMER Rezone
This map is neither a legally recorded map nor From M -2
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data To C -3 PD
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained. (hatched areas to be rezoned)
If discrepencies are found, please contact the
City of Oshkosh. 0 250 Feet
123
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City of Oshkosh Wisconsin
Community Development
2/5/09
C reated by - D
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15TH W 15TH AVE AVE. E. 15 A VE.
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1330. 10]A 45A 39A X
ry
DISCLAIMER Rezone
This map is neither a legally recorded map nor From M -2
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data To C -3 PD
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained. (hatched areas to be rezoned)
If discrepencies are found, please contact the
City of Oshkosh. 0 250 Feet
123
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2
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0
N
City of Oshkosh Wisconsin
Community Development
2/5/09
C reated by - D
r
15TH W 15TH AVE AVE. E. 15 A VE.
133 127 123 117 113 107 103 51 45 39 35 31 25 21 15 A
1330. 10]A 45A 39A X
ry
DISCLAIMER Rezone
This map is neither a legally recorded map nor From M -2
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data To C -3 PD
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained. (hatched areas to be rezoned)
If discrepencies are found, please contact the
City of Oshkosh. 0 250 Feet
123
O �
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City of Oshkosh Wisconsin
Community Development
2/5/09
C reated by - D
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ON THE WATER
TO:. Honorable Mayor and Members of the Common Council
FROM: Jackson Ki ey
Director of o unity Development
DATE: February 19, 2009
RE: Approve Rezoning the West Side of S. Main Street between W. 10th Avenue and
W. 15th Avenue from M -2 to C -3PD (Plan Commission Recommends Approval)
BACKGROUND /SUBJECT PROPERTY
Late last year a property owner within the subject area approached the City to request a zone
change to remove her property from nonconforming use status that would then permit her to
obtain mortgage refinancing. In reviewing the land use pattern in the general area where the
subject property was located, the Planning Services Division concluded that the request was
warranted, but rather than changing the zoning on just one parcel, it was decided that a more
appropriate course of action would be to have the Department initiate a zone change for the
entire area between W. 10 Avenue and W. 15 Avenue. It was felt the manufacturing zoning
classification was no longer an appropriate base zone for this area, which has lead to the current
zone change request before Council.
The subject five acre area is zoned M -2 Central Industrial District and is located along the west
side of South Main Street running from W. 10th Avenue south to W. 15th Avenue. The subject
area contains 31 parcels owned by 27 property owners. Currently all residential uses, which
comprise 61% of all parcels in this area, are considered nonconforming due to the industrial
zoning classification. After analyzing the land use pattern along South Main Street, the proposed
zone change to a commercial zoning classification would both alleviate the nonconforming issue
and provide the flexibility to allow a number of uses such as residential, commercial and light
industrial uses. This request is for the approval of the rezoning only and the conditional use
permit/planned development approval will be addressed at the Council meeting of March 10th.
ANALYSIS
The area included in the rezone request is a mixed use area with residential, commercial, light
industrial, and parking uses. The residential uses are considered legal nonconforming which
means the existing use may be continued but may not be extended if it is discontinued for a
period of one year or if the structure is damaged more than 50% of its assessed value. The
proposed zone change would maintain the health of the residential properties in this area, and
allow the other current uses as permitted uses in this zoning district as well and would bring the
area into compliance with the Comprehensive Plan. The PD overlay district designation is
proposed due to the number of different uses in each of the blocks with differing setback
requirements and permits more flexibility with the underlying zoning requirements.
FISCAL IMPACT
No immediate fiscal impact anticipated, however, over the long term the area may see increased
investment and in turn increased property values as the residential properties will no longer be
under the constraint of the nonconforming regulations.
RECOMMENDATION
The Plan Commission approved of this request at its February 3, 2009 meeting.
Approved,
City Manager
ITEM: GRANT CONDITIONAL USE PERMIT; APPROVE PLANNED
DEVELOPMENT AND ZONE CHANGE FROM M -2 CENTRAL
INDUSTRIAL DISTRICT TO C -3PD CENTRAL COMMERCIAL DISTRICT
WITH PLANNED DEVELOPMENT OVERLAY FOR PROPERTY
LOCATED ON THE WEST SIDE OF SOUTH MAIN STREET BETWEEN
WEST 10" AVENUE TO WEST 15 AVENUE
Plan Commission meeting of February 3, 2009
GENERAL INFORMATION
Applicant: City Administration
Property Owners: Multiple
Action(s) Requested:
Zone change from M -2 Central Industrial District to C -3 PD Central Commercial District with a
Planned Development Overlay.
Applicable Ordinance Provisions:
The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning
but relies on the Comprehensive Plan, redevelopment plans and good planning principles.
Property Location and Background Information:
The subject five acre area is zoned M -2 Central Industrial District. It is located on the west side of
South Main Street running from W. 10 Avenue south to West 15 Avenue. The subject area
contains 31 parcels owned by 27 property owners. Late last year, Planning Services was contacted
by a residential property owner within the subject area who was unable to refinance her home due
to its M -2 zoning classification, which prohibits residential uses and makes all existing residential
uses nonconforming. Planning staff analyzed the existing land use pattern along South Main
Street and compared that with the recommended land -use from the Comprehensive Plan, and as a
result, is proposing a zone change to help alleviate the residential nonconforming issue. The
commercial zoning is proposed because of its flexibility in allowing a number of uses such as
residential, commercial, and light industrial uses.
Subject Site
Exlstt Land I se g. 1.. ;�
. r .... . .. F.' .. u... .. �r F. � .n s..�. ,. n ..,, ... �
ZonLn
Residential, Commercial and Light Industrial
M -2
►diacent Land Use and Zonin
Existing Land rTse53 Zonng
North Commercial M -2 DO
South _ Commercial M -2
East Industrial (across Main Street) M -2
West Single & Two - Residential R -2
Eon �ehetisive'�crn Lanral�eeeanrrndutron x w
Land Use
10 Year Land Use Recommendation
Mixed Downtown
20 Year Land Use Recommendation
Mixed Downtown
ANALYSIS
The area included in the rezone request is a mixed use area with existing one and two - family
residential uses comprising approximately 61% of all parcels and 53% of total land area. These 19
parcels are all currently considered to be legal nonconforming uses meaning that the existing use
of a structure or premises may be continued but may not be extended and if it is discontinued for a
period of a year or if the structure is damaged more than 50% of its assessed value, it may no
longer be used as a residential dwelling. The rezoning area also includes six commercial parcels
comprising 19% of the properties and 24% of the land area. Two parking lots and two vacant
properties equal 13% of the parcels and 9% of the land area. Lastly, two parcels making up 6.5%
of the parcels and 13.5% of the land area are industrial in nature. The use breakdown is depicted
in the table below.
LAND USE BREAKDOWN
Use
Number of Parcels
Acreage
Single Family
Commercial
10
6
1.19
1.19
glxt dttra�
&g
b f�7
Parking
2
0.27
Total
31
4.97
A rezoning to the C -3 District will make all of the residential, commercial and parking uses
permitted uses in the zoning district. The two industrial uses (warehousing) will also be permitted,
but as conditional uses. The attached Zoning Comparison Table lists uses permitted (P) and
conditionally permitted (C) in both the existing M -2 District and the proposed C -3 District.
Highlighted uses are contained within the subject rezoning area.
The PD overlay district designation is proposed due to the number of different uses in each of the
blocks and the differing setback requirements for each of these uses that given the size of the
parcels may be difficult to achieve. The Planned Development designation permits more
flexibility with the underlying zoning requirements versus requiring Board of Appeal variances for
each conflict with the Zoning Ordinance, which have a different and more restrictive standard for
approval. The exact language for the Conditional Use Permit and PD is recommended in items 1 -3
below:
1. Existing legal conforming industrial uses are considered to be legal conforming uses within the
Planned Development Overlay District. Such legal uses may continue and be transferred to
other M -1 district uses without having to obtain additional conditional use permits as long as
no building or site improvements are proposed.
Item — RezoneSouthMainS&eet
2. If an existing legal conforming commercial or industrial structure is damaged by fire,
explosion, act of god or the public enemy to an extent less than 50% of its assessed value at the
time of damage, the commercial or industrial structure may be repaired in accordance with
code regulations and will not require additional review and approval as required in the Planned
Development Overlay District.
3. New multiple family, commercial or industrial structures, repairs to existing structures greater
than 50% of the assessed value at the time of the repair, or expansions to said structures are not
permitted unless development plans are brought forward for review and approval by the Plan
Commission and Common Council as required in the Planned Development Overlay District.
Minor alterations and building modifications needed to address specific building and housing
code issues will not require additional review and approval provided the modification is the
minimum necessary to correct the issue.
The City's Comprehensive Plan Land Use maps identify areas of the community where the
existing zoning is not consistent with the recommended land use. Many of these involve changing
central industrial classifications, which reflect the industrial heritage of the area, to central
commercial classifications that offer more flexibility with respect to permitting residential and
mixed uses, which are currently prohibited in the industrial district. Staff initiated this zone
change to bring the subject area into compliance with the Comprehensive Plan and this zone
change will also help to maintain the health of the residential properties in this area that will
provide the residential property owners the ability to make significant improvements to their
properties without running into conflicts with the Zoning Ordinance.
RECOMMENDATION /CONDITIONS
Zone Change
The Department of Community Development recommends approval of rezoning from M -2 to C -3
PD, as proposed.
Conditional Use Permit/Planned Development
The Department of Community Development recommends approval of the Conditional Use
Permit/Planned Development for the area subject to the following conditions:
1. Existing legal conforming industrial uses are considered to be legal conforming uses within the
Planned Development Overlay District. Such legal uses may continue and be transferred to
other M -1 district uses without having to obtain additional conditional use permits as long as
no building or site improvements are proposed.
2. If an existing legal conforming commercial or industrial structure is damaged by fire,
explosion, act of god or the public enemy to an extent less than 50% of its assessed value at the
time of damage, the commercial or industrial structure may be repaired in accordance with
code regulations and will not require additional review and approval as required in the Planned
Development Overlay District.
Item — RezoneSouthMainStreet
3. New multiple family, commercial or industrial structures, repairs to existing structures greater
than 50% of the assessed at the time of the repair, or expansions to said structures are not
permitted unless development plans are brought forward for review and approval by the Plan
Commission and Common Council as required in the Planned Development Overlay District.
Minor alterations and building modifications needed to address specific building and housing
code issues will not require additional review and approval provided the modification is the
minimum necessary to correct the issue.
The Plan Commission approved of the rezoning from M -2 to C -3 PD, as proposed and the
Conditional Use Permit/Planned Development for the area as requested with conditions noted.
The following is the Plan Commission's discussion on this item.
Mr. Buck presented the item and explained that the zone change was being considered due to a
residential property owner within the subject area who contacted the city regarding her inability to
refinance her home due to its M -2 zoning classification which prohibits residential uses and makes
all existing residential uses nonconforming. Mr. Buck reviewed the current uses in the subject
area and also the municipal code definitions that cover the nonconforming use regulations. He
also explained the three conditions recommended for the Conditional Use Permit/Planned
Development approval for the area and stated that the Comprehensive Plan designated this area as
a mixed use downtown district.
Mr. Borsuk questioned how the C -3PD zoning classification compares to the M -2DO
classification.
Mr. Burich responded that the C -3PD classification allows residential uses and the M -2 does not
and that since the majority of uses in the subject area are residential, that C -3 is probably the best
and most flexible zoning district.
Mr. Nollenberger inquired how this situation came about.
Mr. Burich responded that the subject area is an old part of the city which at one time was part of
the central industrial core of the community.
Mr. Thoms asked if there were other areas of the city with outdated zoning classifications that
require review.
Mr. Burich replied that staff is currently working on reviewing this issue to determine other areas
of the city which may also require a zone classification change to address current uses.
Mr. Thoms inquired if the zone change would place restrictions on single family homes in the
subject area.
Mr. Buck responded that both single and two- family uses are permitted in the C -3PD district;
however base standard modifications or variances may have to be granted if repairs or expansions
to existing structures were greater than 50% of the assessed value.
Mr. Burich added that base standard modifications or variances would be required if the
improvements to a site could not meet the necessary setbacks and special exceptions would be
Item — RezoneSouthMainStreet
considered for smaller lots. The C -3 zoning classification offers more flexibility for existing uses
and the Planned Development district allows for more modifications to be granted if necessary.
Ms. Propp questioned if the zone change would make all the current uses legal conforming uses.
Mr. Burich responded that it would and further stated that any extensive additions or expansions to
a site would require coming to the Plan Commission and Common Council for the necessary
approvals, however this would not apply to internal or minor renovations to a property.
Tom Reinsch, representing Eileen Bauman, owner of 1424 South Main Street, inquired what the
City's goal or plans were for the proposed rezoned area and if multiple family uses would be
allowed in the C -3 district.
Mr. Buck responded that the Comprehensive Plan designates this area to be a mixed use with a
combination of commercial, light industrial and residential uses.
Mr. Burich added that the City had no immediate plans at this time for this area but was merely
adjusting the zoning classification to coincide with the Comprehensive Plan and the majority of
current uses in the subject area. The C -3 classification was currently the most appropriate base
zone district for this area as the previous manufacturing zoning district was no longer an
appropriate classification for this location. The change in zoning would help to preserve the
residential uses that currently exist in this area and would also allow multiple family uses as well.
Mr. Borsuk asked if there was any feedback from the industrial uses in this location.
Mr. Buck replied that a neighborhood meeting was held on January 14th regarding the proposed
zone change, but no one representing any of the industrial properties was present to comment. A
few phone calls were received regarding the matter as well, but none of them were from any of the
industrial sites in the area.
Commission members briefly discussed other areas of the city that should be reviewed for a
possible zone reclassification and the time frame for handling these issues.
Motion by Nollenberger to grant the conditional use permit; approve planned development
and zone change from M -2 Central Industrial District to C -3PD Central Commercial
District with Planned Development Overlay for property located on the west side of South
Main Street between West 10th Avenue to West 15th Avenue with the following conditions:
Existing legal conforming industrial uses are considered to be legal conforming uses
within the Planned Development Overlay District. Such legal uses may continue and be
transferred to other M -1 district uses without having to obtain additional conditional use
permits as long as no building or site improvements are proposed.
2. If an existing legal conforming commercial or industrial structure is damaged by fire,
explosion, act of god or the public enemy to an extent less than 50% of its assessed value at
the time of damage, the commercial or industrial structure may be repaired in accordance
with code regulations and will not require additional review and approval as required in
the Planned Development Overlay District.
Item — RezoneSouthMainStreet
3. New multiple family, commercial or industrial structures, repairs to existing structures
greater than 50% of the assessed at the time of the repair, or expansions to said structures
are not permitted unless development plans are brought forward for review and approval
by the Plan Commission and Common Council as required in the Planned Development
Overlay District. Minor alterations and building modifications needed to address specific
building and housing code issues will not require additional review and approval provided
the modification is the minimum necessary to correct the issue.
Seconded by Thoms. Motion carried 5 -0.
Item — RezonesouthMainstreet
zoning:4/96
SOUTH MAIN STREET
ZONING COMPARISON
P = Permitted Use C = Conditional Use (requires Counil Approval)
GENERAL US E
C -3 CENTRAL COMMERCIAL
DISTRICT
M -2 CENTRAL INDUSTRIAL
DISTRICT
Acid Manufacturer
C
Animal HospitalNeterinarian (excluding open kennel)
P
P
Art Center /Gallery
P
P
Asphalt/Concrete Plant
C
Auction Establishment
Automobile Service /Repair (excluding body shop)
P
C
P
C
Banks /Financial Institution
P
P
Bed and Breakfast Inn
P
Billiard Room
P
P
Bowling Alley
P
P
Bus Depot
P
P
Bus Garage /Repair Shop
C
P
Cemetery
C
C
Cleaners (commercial)
P
P
Clinic
P
P
Clubs, private /Lodges
P
P
Clubs, Semi - Public
C
Colleges (including residence halls)
C
Community Centers
P
P
Contractor's Yard
C
P
Convention Hall
P
P
Dance Hall
P
P
Day Care Center
C
C
Day Care Center, Family (8 or less children)
P
Day Care Center, Family (9 or more children)
C
Distribution Center
C
P
Dormitories
C
Dry Cleaners (collection & distribution only)
P
P
Dwelling, Multiple Family
Engraving Establishment
P
P
P
Exhibition Hall
P
P
Explosive Manufacturing & Storage
C
Fat Rendering
C
Fertilizer Manufacturing
C
Fraternity or Sorority House
P
Funeral Home
P
P
Garbage or Rubbish Dumping
C
Glue Manufacturing
C
Governmental Structure
P
P
Greenhouse (commercial)
C
P
Group Homes: Less than 8 persons
P
More than 9 persons
P
Less than 15 persons
P
More than 16 persons
C
Home Occupation
P
Hospital, Mental or Psychiatric
C
C
Hospital
P
P
Hotel/Motel
P
Please refer to the Zoning Code for Page
complete use listing. 1 of 2
Please refer to the Zoning Code for
complete use listing.
Page
2 of 2
7
P = Permitted Use C = Conditional Use (requires Counil Approval)
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DISCLAIMER
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data
and information located In various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh Is not re-
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
REZONING S MAIN ST
10TH AV TO 15TH AV
M -2 TO C -3PD
Scale: 1" = 250'
N OfHKOfH
. THE WATER
City of Oshkosh
Department of
Community Development
01/22109
70
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lip. V%
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low
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DISCLAIMER
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data
and information located In various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh Is not re-
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
REZONING S MAIN ST
10TH AV TO 15TH AV
M -2 TO C -3PD
Scale: 1" = 250'
N OfHKOfH
. THE WATER
City of Oshkosh
Department of
Community Development
01/22109
70
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1111
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