HomeMy WebLinkAbout09-162MAY 12, 2009 09 -162 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE ZONE CHANGE FROM R -1 SINGLE FAMILY AND
AND R -5 MULTIPLE DWELLING TO R -5 MULTIPLE DWELLING
WITH A PLANNED DEVELOPMENT OVERLAY / 450 JOSSLYN
STREET
INITIATED BY: UW- OSHKOSH
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 area from R -1 Single Family and R-
5 Multiple Dwelling to R -5 Multiple Dwelling with a Planned Development Overlay.
From R -1 To R -5 PD: Lot 2, CSM No. 2026, Doc. No. 724378, as recorded in Register of
Deeds Office, 16th Ward, City of Oshkosh, Winnebago County, Wisconsin.
From R -5 To R -5 PD: Commencing at the intersection of the south line of the NE '/4, Sec. 22
and the east line of Josslyn St.; thence east on the south line of the NE' /4 of the NE 1 /4 to a point
560.9 ft. east of the southwest corner of Lot 1 of CSM No. 2026, recorded as Doc. No. 724378,
Register of Deeds, thence north parallel to the west line of said Lot 1, 523.1 ft. east and parallel
to the south line of said Lot 1 to the west line of Campbell Rd.; thence northerly on the west line
of Campbell Rd. to the north line of said Lot 1, thence west on the north line of said Lot 1 to a
point 275 ft. east of the west line of Lot 1 south at right angles 180 ft., thence west to a point on
the east line of Josslyn St. 180 ft. south of the north line of the NE '/4 of the NE '/4; thence south
on the east line of Josslyn St. to the point of beginning, 16th Ward, City of Oshkosh, Winnebago
County, Wisconsin plus public right -of -way abutting said lot extending to the centerline of
Campbell Rd. and Josslyn Street.
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 -XXX APPROVE ZONE CHANGE FROM R -1 SINGLE FAMILY
AND R -5 MULTIPLE DWELLING TO R -5 MULTIPLE DWELLING WITH A PLANNED
DEVELOPMENT OVERLAY / 450 JOSSLYN STREET on May 26, 2009. The
Ordinance changed the zoning classification of 450 Josslyn Street to R -5 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.
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DISCLAIMER
This map is neither a legally recorded map nor
From R -1 and R -5
a survey and it is not intended to be used as one.
To R -5 PD
This drawing is a compilation of records, data
and information located in various city, county
------- ---- ------------------- - - - - --
City of Oshkosh Wisconsin
and state offices and other sources affecting
450 Josslyn St
Community Development
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.
4/23/09
If discrepencies are found, please contact the
0 300 Feet
City of Oshkosh.
Created by - D
OYHK07H
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kinn y
Director of Co unity Development
DATE: May 7, 2009
RE: Approve Zone Change from R -1 Single Family and R -5 Multiple Dwelling to R -5
Multiple Dwelling with a Planned Development Overlay for 450 Josslyn Street
(Plan Commission Recommends Approval)
BACKGROUND /SUBJECT PROPERTY
The subject 36 acre site is zoned R -5 Multiple Dwelling and R -1 Single Family and the
University is proposing a zone change that would add a Planned Development Overlay to its
base zoning classification of R -5. The site is currently developed as the Oshkosh Sports
Complex and contains Titan Stadium, JJ Keller Field, multiple soccer fields, a softball field and a
baseball field with stadium. The complex is bordered by Josslyn Street on the west, Campbell
Road on the east, single - family homes to the north and Campbell Creek to the south.
ANALYSIS
The proposed zone change will make the entire complex area one consistent zoning district and
the Planned Development Overlay will allow the University some flexibility in developing and
implementing future plans for the sports complex while providing the City with review and
oversight of development plans. This will address both the needs of a large university's
associated uses and will offer the greatest amount of flexibility while protecting the interests of
the City by ensuring future development is designed to improve pedestrian and vehicular
circulation as well as be sensitive to adjacent neighborhoods. The rezoning request is in
conjunction with a planned development review for the addition of parking lots, a softball
stadium and signage at the site.
FISCAL IMPACT
No direct impacts anticipated on city services. As this is State of Wisconsin owned property,
new development will not add property tax value to the City property tax rolls.
RECOMMENDATION
The Plan Commission approved of this request at its April 21, 2009 meeting.
Approved,
__11�114r__/Z, I_e�
City Manager
ITEM: ZONE CHANGE FROM R -5 MULTIPLE FAMILY AND R -1 SINGLE FAMILY
DISTRICTS TO R -5PD MULTIPLE FAMILY DISTRICT WITH A PLANNED
DEVELOPMENT OVERLAY FOR THE OSHKOSH ATHLETIC COMPLEX/TITAN
STADIUM, 450 JOSSLYN STREET
Plan Commission meeting of April 21, 2009
GENERAL INFORMATION
Applicant /Owner: University of Wisconsin - Oshkosh
Action(s) Requested:
Zone change from R -5 Multiple Family and R -1 Single - Family Districts to R -5PD Multiple - Family 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 University is proposing a zone change that would add a Planned Development Overlay (PD) to its base
zoning classification of R -5 Multiple Dwelling District. The subject 36 acre site is zoned R -5 Multiple
Dwelling and R -1 Single - Family Districts. A planned development review for parking lot expansion, a
softball stadium and signage is being proposed concurrently with this zone change request. The site is
currently developed as the Oshkosh Sports Complex and contains Titan Stadium, JJ Keller Field, multiple
soccer fields, a softball field and a baseball field with stadium. A gravel area along Josslyn Street is used as
a parking area during events. The Sports Complex is bordered by Josslyn Street on the west, Campbell Road
on the east, single - family homes to the north and Campbell Creek to the south.
The PD overlay would allow the University some flexibility in developing and implementing future plans
for the sports complex while providing the City review and oversight of development plans.
ANALYSIS
Subject Site
Universitv office buildiniz I R -5PD
Adjacent Land Use and Zoning
t O O y 5.."
j r
North__
family residences
_R -1
South
_Single
Campbell Creek & Daycare Center _ _ _
R -3 & R -4
East
Boat Docking Multiple family (across Campbell) _
C -1
West
. &
Institutional/Multiple family (across Josslyn)
R -5
ANALYSIS
The sports complex is currently designated with two zoning districts, R -5 and R -1. The zone change will
make the entire complex area one consistent zoning district. While university uses are permitted in both
districts, it does have significant restraints with regard to building height, signage, and accessory types of
uses. The base R -5 district standards were not established to accommodate large non residential
developments such as those at a university which contains a mix of land uses (residential, office, school,
retail, service, recreational, etc). For example, the R -5 zone has a height limit of 45 feet which makes the
stadium non - conforming from a zoning standpoint. With the proposed Planned Development Overlay, base
standard modifications may be granted to allow structures to exceed district height restrictions. With the
uniqueness of the sports complex, the Planned Development Overlay is a useful tool to accommodate the
University's needs while still giving the City the ability to protect neighboring land uses.
Per Section 30 -33(C) of the Zoning Ordinance, the PD designation is deemed appropriate for large scale and
or mixed use areas. A large scale area encompasses at least 20 acres (the sports complex exceeds 37 acres),
where base zoning standards may not be appropriate and/or needed, and where the developer and
community benefit from a greater level of flexibility in the application of land use controls.
As was previously stated the R -5 zoning district does not adequately address the needs of a large university
associated uses, nor would any of the other zoning districts meet all the uses the university provides. The
PD overlay would seem to offer the greatest amount of flexibility while protecting the interests of the City
through the development plan review process. The PD will also help to ensure that future development of
the sports complex is designed to improve pedestrian and vehicular circulation as well as be sensitive to
adjacent neighborhoods.
RECOMMENDATION
The Department of Community Development recommends approval of the zone change from R -5 and R -1
to R -5PD for the Oshkosh Athletic Complex/Titan Stadium area as requested.
The Plan Commission approved of the zone change as requested. The following is the Plan Commission's
discussion on this item.
Mr. Nau presented the item and explained that the 36 acre site is currently split zoned with 33 acres zoned
R -5 and 3 acres zoned R -1. The change to an R -5PD for the entire site would make the entire complex area
one consistent zoning district and would allow the University some flexibility in developing and
implementing future plans for the sports complex while providing the City review and oversight of
development plans. He also reviewed the uses surrounding the site.
Since Item IVB is related to this request, it was decided to discuss that item as this point before a vote is
taken on Item WA.
Mr. Buck presented the item and explained that the proposed parking lots would replace the two existing
graveled lots on the site with Lot A containing 60 stalls and Lot B 40 stalls. Lot A would require a base
standard modification for the side /north transitional yard setback and both lots would be required to meet
landscaping requirements. He added that the addition of the parking lots would add 100 stalls to the site
which should alleviate some of the parking congestion on the streets. He also reviewed the softball stadium
Item- Rezone 450 Josslyn/Titan Stadium
layout and elevations and explained the base standard modification necessary for the front yard setback. He
also reviewed the proposed nine unlit infill signs to be installed on the stadium. Mr. Buck also reviewed a
letter which was distributed to Commission members prior to the meeting, from Ronald Maurice, Jr., 1005
Taft Avenue, an adjacent property owner, who objected to any expansion of use on the site due to issues
with noise, lighting, parking, and people trespassing on his property.
Mr. Thoms commented that Mr. Maurice makes some good points and questioned if preserving the small
section of the site in the R -1 zoning district would offer some protection to the residential uses to the north
of the stadium.
Mr. Buck responded that preserving the R -1 zoning district on those three acres would not provide any
protection as the use on this parcel has already been established and would continue. The benefit of the R-
5PD zoning district would be that it regulates any additions to the site as new changes or future
developments would be required to come through the process of the Plan Commission and Common
Council for approval.
Mr. Thorns commented that the 5 foot fence along the side /north transitional yard of parking lot A was not
tall enough to be adequate.
Mr. Buck stated that the code requires either landscaping or fencing along this area and staff was requiring
both to be installed for the purpose of protecting the residences from car lights and garbage.
James Lang, 500 Josslyn Street, stated that he has lived there for 45 years and does not have an objection to
the use. He is in support of the stadium activities, however he would like to request that the proposed 5 -foot
fence along parking lot A be removed from the conditions as he has 48 arborvitae bushes planted along that
area and the solid wood fence would shade out his bushes.
Evon Vanornum, 943 Taft Avenue, stated that she has issues with people jumping the fence and trespassing
on her property, the trees along that area are not watered and have died, the lights are too intense and
directed at her home, the noise issues during and after games, and drainage issues from the site have
compromised the soil around her house. She further commented that she did not feel the additional parking
stalls would alleviate the congestion on the streets and objected to local funds being spent on a state entity.
She also objected that the hedges along Josslyn Street have been cut down as they acted as a buffer for the
apartments across the street.
Ms. Propp questioned the height of the fence between the stadium and Ms. Vanornum's property.
Ms. Vanornum replied that the fence is 6 foot high chain link.
Tom Sonnleitner stated that he appreciated the work that both the City staff and campus planners have spent
on this project which would result in 9.6 million dollars worth of improvements to the site obtained from
donations. The current use of the site would not change and the improvements will allow for better use. He
further stated that since 2004, the University has followed community requests for improvements to the site
such as the drainage issues, planting of trees on two occasions, speakers being redirected toward the river to
alleviate noise complaints, and lighting installed in 2004 and directed as best as possible to not disturb the
residences surrounding the site. Parking was not allowed on Josslyn Street by the apartment complex and
police are addressing complaints from neighbors regarding other issues. They have increased cleaning staff
to alleviate complaints of litter on residential properties following games and have changed times of clean
up from the next morning to directly following the games. They are currently researching lower sound value
clean up equipment to satisfy complaints of noise issues following games and the blacktopping of the
parking lots should reduce dust. They have held neighborhood meetings in 2006, 2007 and 2008 to listen to
Item - Rezone 450 Josslyn/Titan Stadium
neighbors' concerns and address the issues.
Ms. Propp questioned if the University found the conditions acceptable on this request.
Mr. Sonnleitner stated that the conditions were acceptable and they would work with the City on any issues
that may arise.
Ms. Propp asked if the area that was currently zoned R -1 was used for parking purposes.
Mr. Sonnleitner stated that it had not been recently and with the additional parking stalls in the lots that need
would be eliminated. Occasionally tents may be placed in that area during activities at the stadium.
Mr. Thoms inquired if additional buffers could be considered on the Taft Avenue side of the site.
Mr. Sonnleitner responded affirmatively.
Ms. Mattox asked what time the stadium events end and what materials would be used to construct the
signs.
Mr. Sonnleitner replied that most events end by 10:30 pm, but 3 -4 times a year they may run later.
Al Ackerman, 800 Algoma Boulevard, stated that the signs would be made of a mesh material to allow air to
pass through them. They were more aesthetically pleasing and would be replaced every 3 to 4 years.
Mr. Thoms questioned if the signs meet the standards of the City in regards to size.
Mr. Buck replied that signage in a commercial district was allowed up to 30% of the wall area.
Mr. Thoms commented that since this was a residential area, he did not feel that commercial standards
should be allowed for the signage.
Mr. Ackerman stated that the signs were made to fit in the openings of the stadium and to reduce their size
would not allow them to be properly anchored in the openings.
Mr. Esslinger inquired if any of the actions today, if approved, would affect the use on the site and if parking
would be able to be extended into the area that is currently zoned R -1.
Mr. Buck reiterated that the use on the site has already been established and the benefit of the R -5PD zoning
district would be that it regulates any additions to the site as new changes or future developments would be
required to come through the process of the Plan Commission and Common Council for approval. In regard
to the parking issue, parking on the north side of the site by the residences would not be allowed.
Motion by Nollenberger to approve the zone change from R -5 and R -1 to R -5PD for the Oshkosh
Athletic Complex /titan Stadium at 450 Josslyn Street as requested.
Seconded by Mattox. Motion carried 7 -0.
Item - Rezone 450 JosslymTitan Stadium
City of Oshkosh Application
Rezoning
O- IHK(aTR
ON THE WATER " PLEASE TYPE OR PRINT USING BLACK INK**
APPLICANT INFORMATION
Petitioner: UW OSHKOSH — PL ANNING & CONSTRUCTION — CHRIS MILES
SUBMIT TO:
Dept of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, Wisconsin 54903 -1130
PHONE: (920) 236 -5059
Date: 3/20/09
Petitioner's Address: 800 ALGOMA BOULEVARD City: OSHKOSH
State: WI Zip: 4901
Telephone #: (920) 424 -2006 Fax: (920 ) 424 -0259 Other Contact # or Email: mi lesc @uwosh, edu
Status of Petitioner (Please Check): ❑ Owner r Representative ❑ Tenant ❑ Prospective Buyer
Petitioner's Signature (required):
OWNER INFORMATION
Owner(s): BOARD OF REGENTS FOR UNIVERSI OF WI SYSTEM
Date:
Date: 3/ 20/ 09
Owners) Address: 800 ALGOMA - BOULEVARD City: OSHKOSH State: WI 2901
Telephone 4:(920) 424 -3030 Fax: (920) 2240
:Other Contact # or Email: sonnleit @uwosh. edu
Ownership Status (Please Check): ❑ Individual ❑ Trust '❑ Partnership ❑Corporation
Property Owner Consent: (required)
By signature1ereon, 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 maybe postponed the Planning Services Division r incomplete submissions or other administrative reasons...,q ev
Property Owner's Signature: Date:�C�' v
ZONING AND DEVELOPMENT INFORMATION 1�
Address /Location of Rezoning Request: 450 Josslyn Stree
Tax Parcel Number(s): 16088200
Rezone property from: R5
to R5—PD
Purpose for Rezoning: _ The remainder of University land has the PD overlay which provides
greater flexibility to the City of Oshkosh an&tthe University when handling the special
arise.. situations that arise.
Describe exrstmg property eve opment and land use: Multi— athletic f ields, stadium and - lo room /
office / meeting facilities.
Describe proposed development and/or proposed land use: Same as existi #g
Proposed time schedule for development and/or use of the property: Spring / Summer 2009
Staff Date Recd " V' ✓
31�
Zoning Adjacent to the Site: North: Residential — Single Family
South: Residential —
East: Residential — Single Family / Commercial
West Residential — Mult:— Family & Church '
$UBMPTTAL REOUIREMENTS — Must accompany the application to be complete.
❑ Map of the immediate area showing property involved. Area to be rezoned must be outlined in color
❑ A site plan drawn to readable scale showing present status of property and proposed development
❑ Street address, adjacent streets, intersections and any other information or landmarks to help identify the property
❑ Location of existing uses, structures, fences and signs and location of proposed uses, structures, fences and signs
❑ A narrative statement explaining the zone change and discussion of the project
D 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
SUNBIARY OF PROCESS
The City of Oshkosh Plan Commission and Common Council act on all zone changes. The petitioner or owner
should be present at both the Plan Commission and Common Council meetings to discuss and answer
questions regarding the request.
Neighborhood opinion is an important factor in the decision - making process. For complex or controversial
proposals, it is recommended that the petitioner conduct a neighborhood meeting to solicit public input prior to
action by the Plan Commission and City Council. Planning Services staff is available to offer assistance in
compiling a mailing list for the neighborhood meeting. Please note that a meeting notice will be mailed to all
abutting property owners regarding your request. . .
The application package is reviewed by Planning Services staff to determine conformance with adopted city
plans, zoning requirements and development standards. A staff recommendation is prepared for consideration
by the Plan Commission and Common Council. The petitioner will be provided with a copy of the staff report
and meeting notice several days prior to the Plan Commission meeting. No notice is sent to the petitioner or
owner regarding the Common Council's consideration of the request'. Petitioners and owners are encouraged
to contact Planning Services staff to find out when the request will be sent to the Common Council for review.
The Plan Commission's decision is advisory only. The Common Council will make the final decision
regarding all zone change requests. The Plan Commission may lay over requests to subsequent meetings if
incomplete information is provided or additional questions or concerns are raised at the meeting.
After the Plan Commission makes its recommendation, the request will be forwarded to the Common Council
for consideration. This generally occurs three weeks after the Plan Commission meeting depending on the date
the Council meeting is scheduled (the Council meets on the 2 nd and 4 Tuesday of every month) and on the
availability of a legal description for the zone change. Wisconsin State Statutes require a zone change to be
published as Class II notice in the local newspaper, the City takes care of this publication requirement prior to
the Council meeting.
If Council approves the rezoning, the Ordinance. is published in the newspaper on the following Saturday and
will be effective on Sunday. City administrative offices are notified of the effective date of the Ordinance and
will make changes to the official zoning map accordingly.
For more information please visit the City's website at www.ei.oshkosh.wi.us/ Community _Development /Planning.htni
4A
March
City of Oshkosh
Department of Community Development
215 Church Ave
P.O. Box 1130
Oshkosh, WI 54903
RE: Conditional Use Permit Application and Rezoning Application
University of WI Oshkosh— Oshkosh Athletic Complex/Titan Stadium
450 Josslyn St
Oshkosh, WI 54901
To Community Development Staff.
The following is a general overview and description for the proposed CUP application for the
Oshkosh Athletic Complex, owned by the University of WI Oshkosh, at 450 Josslyn Ave in the
city of Oshkosh.
Existing Use of Property:
The property is used for athletic training and events for the University of WI Oshkosh, local
middle and high schools and other special events. There are fields and facilities for track and
field, football, baseball, softball and soccer.
Proposed Use of Property:
The use of the property will stay the same: This project proposes to add 2 permanent parking
lots, which are currently graveled, and build a women's softball stadium in 2 phases. Also
included is the addition of donor and booster signage to recognize the generosity the community
has shown in supporting the renovation of this sports complex.
PLANNING & CONSTRUCTION
FACILITIES MANAGEMENT
UNIVER n,T OF WISCONSIN OSHKOSH, 800 ALGOMA BLVD, OSHKOSH, WISCONSIN 54901
(920) 424 -2006, FAX (920) 424 -0259 5
An Equal Opportunity /Afrmative Action Institution, www.uwoskedu
OSHKOSH
TM
Structures On & Adjacent to the Property:
The property currently contains a 10,000 seat stadium complex with locker room, meeting,
offices, restrooms and a ticket booth located below; a track and baseball field observation/storage
building; and a men's baseball stadium. Adjacent buildings include a church and multi -unit
apartment building to the west, single - family residences to the north, a single - family
.condominium complex across Campbell Road on the east and a daycare to the south.
Facility Occupants:
The occupant load of this complex will vary significantly from approximately 5 people during
down times to as many as 10,000 on game day. The typical daily average would likely be
around 50 -75.
Proposed Facility:
Softball Stadium: Phase 1— 4,543 gross square feet (1 fl 2,904; 2 nd fl 1,639)
Phase 2 —1,097 gross square feet (2 floor only)
Parking Area: Lot A — 60 stalls; 29,965 gross sq ft
Lot B - 48 stalls; 17,987 gross sq ft
Signage 11 Locations (9 on main stadium structure; 2 on new softball stadium)
Effects on Adjoining Properties:
The proposed facilities should not have a negative impact on the adjacent properties. The
softball stadium is required by Title 9 Gender Equity rules. It will provide a pleasant looking
facility with permanent seating and spectator bathrooms. It will be similar in construction and
appearance to the baseball stadium currently on the site.
The developed parking lots will allow them to be utilized to their full potential, decreasing the
amount of cars that typically park on the adjacent neighborhood streets.
The proposed signage will all face Josslyn Street and will not be lighted.
Surrounding Land Uses:
Adjacent properties include � church and multi -unit apartment building (owned by the church) to
the west, single- family residences to the north, a single- family condominium complex across
Campbell Road on the east and a daycare to the south.
Compatibility of Proposed Uses:
We are not changing the use of the property, just enhancing it.. The proposed changes should not
provide any negative impact to the surrounding properties.
0
a
Traffic Generation:
The traffic related to this facility should not changed, other than to reduce the amount of cars that
will need to park on neighborhood streets.
As you review the Applications and attachments, please feel free to contact me with any
questions or comments.
Sincerely,
L(2s
Christine Miles
Dir. Planning & Construction
University of WI Oshkosh
920 - 424 -2006
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DISCLAIMER REZONING PETITION & y ,)
This map is neither a legally recorded map nor S O FT BAL L STADIUM /SIG NAG E/
a survey and it is not intended to be used as one. �7
This drawing is a compilation of records, data 1V OfHKO�CH
and information located in various city, county PARKING LOTS ON THE WATER
and state offices and other sources affecting
the area showand it Is to be used for reference 450 J OS S LYN ST City of Oshkosh
p urposes oses The City of Oshkosh is not re- Department Of
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the Community Development
City of Oshkosh.
Created by - dff
Scale: 1" = 400'
04/14/091
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