HomeMy WebLinkAbout09-419OCTOBER 27, 2009 09 -419 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR CENTURY OAKS
LLC TO CONSTRUCT AN ASSISTED LIVING /RESIDENTIAL
CARE FACILITY IN THE 1000 BLOCK OF WEST MURDOCK
AVENUE
INITIATED BY: CENTURY OAKS LLC, PETITIONER
PLAN COMMISSION RECOMMENDATION: Found to be consistent with Section 30 -11(D)
BE IT RESOLVED by the Common Council of the City of Oshkosh that a
conditional use permit to construct an assisted living /residential care facility, and
associated amenities, for elderly and disabled adults, per the attached, is hereby
approved with the following conditions:
1) Driveway is shifted to the west so that the centerline of the driveway lines up with
the centerline of Cedar Street.
2) Sidewalk is extended along the Beech Street frontage to the north property line.
3) If wet ponds are used, the detention basins are to be designed without riprap
above the water line and native plants be planted on the side slopes of the basin
and emergent plants on the safety shelf with final design to be approved by the
Department of Community Development.
a
OIHKOf
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: October 22, 2009
RE: Approve Conditional Use Permit for Century Oaks LLC to Construct an Assisted
Living /Residential Care Facility in the 1000 Block of West Murdock Avenue
(Plan Commission recommends approval)
BACKGROUND /SUBJECT PROPERTY
The subject parcel is approximately 3.4 acres and is vacant except for two small fenced -in areas
formerly used for parking and enclosed storage of boats which had been approved by
Conditional Use Permit in 2006. The property is triple fronted and is situated along the north
side of the 1000 block of West Murdock Avenue east of the unimproved Walnut Street and west
of Beech Street. Much of the perimeter of the site is heavily vegetated with a combination of
mature over story trees, under story trees, and shrubbery.
ANALYSIS
The petitioner is proposing to develop two 28 -bed Community Based Residential Facilities on
the site including two single -story 24,000 square foot structures with capacity for up to 28
residents each with two parking lots, loading /drop -off areas, pool, patio, and greenspace. The
facilities are proposed to be built in phases with the first building being constructed immediately
on the eastern half of the property followed by a similar second structure placed on the western
side at a later date. The site plan involves two access drives, one off of Beech Street and one off
of West Murdock Avenue with a parking lot to accommodate 30 stalls. No lighting, signage,
landscaping, or stormwater plans have been submitted at this time but will require review and
approval at the time of building permit issuance.
FISCAL IMPACT
This is an infill development which surrounding area is already served by municipal services that
will not require extension of any municipal utilities. The property is in a relatively undeveloped
state and the new development will add to the property tax rolls.
RECOMMENDATION
The Plan Commission approved this request at its October 6, 2009 meeting.
Approved,
City Manager
ITEM: CONDITIONAL USE PERMIT TO DEVELOP AN ASSISTED LIVING AND
RESIDENTIAL CARE FACILITY ON PROPERTY LOCATED ON THE
NORTH SIDE OF THE 1000 BLOCK WEST MURDOCK AVENUE
Plan Commission meeting of October 6, 2009
GENERAL INFORMATION
Applicant: John Davel, Davel Engineering, Inc.
Owner: Mercury Marine
Action(s) Requested:
The applicant is requesting a conditional use permit to develop an assisted living and residential
care facility as home for frail elderly and disabled adults, with associated site improvements.
Applicable Ordinance Provisions:
Group housing is permitted through conditional use permits in C -1 Neighborhood Business Zoning
District as regulated in Section 30 -24 (A) of the Zoning Ordinance. Standards imposed on
Conditional Use Permits are located in Section 30 -11 (D) of the Zoning Ordinance.
Background Information Property Location and Type:
The parcel included within this CUP request is approximately 500 feet wide by 285 feet deep
(approximately 3.4 acres /145,000 square feet) and is vacant except for two small fenced -in areas
formerly used for parking and enclosed storage of boats, which had been approved by Conditional
Use in 2006 (Resolution 06 -279). The property is triple fronted and is situated along the north side
of the 1000 block of West Murdock Avenue east of the unimproved Walnut Street and west of
Beech Street. Much of the perimeter of the site is heavily vegetated with a combination of mature
over story trees, under story trees and shrubbery.
Subiect Site
Vacant former enclosed
M -2
acent Land Use ancl Gonm
ANALYSIS
Century Oaks, LLC is proposing to develop two 28 -bed Community Based Residential Facilities
on the subject property. The project as presented includes the construction of two single -story
24,000 square foot multiple bed residential facilities; with capacity for up to 28 residents each (total
of 56 residents). Other site improvements include two parking lots, loading /drop -off areas, pool
and patio area and greenspace.
The facilities are proposed to be built in phases with the first building being constructed
immediately on the eastern half of the property followed by a similar second structure placed on
the western side at a later date, yet to be determined. This CUP request encompasses both phases
of the development even though the second structure may not be constructed for some time.
Site Plan
The proposed site plan involves two access drives leading to the proposed parking and loading
areas, one off Beech Street and the other from West Murdock Avenue, a parking lot with 30
spaces and dedicated pick -up /drop -off area, two individual structures each approximately 24,000
square feet and open space. Walks have been proposed running the full length of the structures
and connecting to a public walk on West Murdock Avenue and a new walk extending along Beech
Street. Staff recommends that the walk on Beech Street be extended to the north property line so
that the City can continue it to the intersection of Beech and Stillwell as part of the regular Capital
Improvement Program. Additionally, staff recommends that a minor alteration to the West
Murdock Avenue entrance be shifted approximately 15 feet to the west so the centerline of the
driveway lines up with the centerline of Cedar Street. In all respects, the development as
proposed appears to meet Zoning Ordinance requirements including height, setback and parking
requirements.
Lighting & Signage
Site lighting, landscaping and signage plans have not been included with the submittal and will be
required to meet the regulations of the Zoning Code for the C -1 Neighborhood Business District.
A ground sign located at the corner of Beech and: West Murdock is depicted on the plan and is
code compliant as to location. All plans relating to signage and lighting will need to be reviewed
and approved by the Zoning Administrator prior to the issuance of building permits.
Landseaping
Formal landscape plans have not been included with the submittal and will be required to meet the
regulations of the Zoning Code for the C -1 Neighborhood Business District. All plans relating to
landscaping will need to be reviewed and approvedby the Zoning Administrator prior to the
issuance of building permits. However, discussion with the property owners has indicated that
landscaping at the development site is proposed to consist of shrub and tree plantings situated on
all sides of the building. It is also important to note that the property owner has indicated that the
building placement (i.e. increased front and rear setback) of phase one has been designed
intentionally for the preservation of the existing trees that are of significant diameter.
Additionally, they have indicated that the preservation of a large quantity of trees on the northwest
Item - 1000 Block W Murdock - CUP
corner of the site will take significant part of the second phase design. Staff feels that the property
owner's commitment to the preservation of significant vegetation is an asset to not only the site but
the community as a whole.
Stormwater Detention
Drainage, stormwater and grading plans have not been included with the submittal. All plans
relating to grading, stormwater and drainage will need to be reviewed and approved by the
Department of Public Works prior to the issuance of building permits. As the detention situation
has not yet been decided, staff would recommend that if wet ponds are used, the detention basins
are designed without rip rap above the water line and that native plants be planted on the side
slopes of the basin and emergent plants on the safety shelf.
Building
The structure is proposed as a tall single -story structure with a height of 38 feet to the peak of the
highest roof, though the majority of rooflines will not exceed 24 feet. The buildings front (south)
fagade is approximately 205 feet long but is broken up with angling wings, multiple rooflines,
recessed areas, windows and building material changes. Materials included within the structure's
design include natural stone veneer, brick veneer, shake vinyl or cement board siding, clad wood
casement style windows, and vinyl horizontal siding. Significant features of the architecture
include the use of multiple materials, exposed gable end truss detail, columned entranceways, and
the two -foot base course of natural stone veneer around the entire structure. Staff believes the
overall design of the building is very architecturally pleasing and agrees with the petitioner that the
compatibility of these structures to the adjacent properties to the north and south would be
appropriate transition from the commercial aspect of West Murdock Avenue.
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends a finding that the proposed conditional
use permit request is consistent with Section 30 -11(D) of the Zoning Ordinance and be approved
with the following conditions:
1) Driveway is shifted to the west so that the centerline of the driveway lines up with the
centerline of Cedar Street.
2) Sidewalk is extended along the Beech Street frontage to the north property line.
3) If wet ponds are used, the detention basins are to be designed without rip rap above the
water line and native plants to be planted on the side slopes of the basin and emergent
plants on the safety shelf with final design to be approved by the Department of
Community Development.
The Plan Commission approved of the conditional use permit as requested with conditions noted.
The following is the Plan Commission's discussion on this item.
Mr. Buck presented the item and reviewed the site and surrounding area as well as the land use in
the area. He commented that it was previously being used for parking and enclosed storage of
boats by Mercury Marine who is currently in the process of selling the property. The
Comprehensive Plan recommends commercial zoning for this area, but the manufacturing zoning
had been maintained from Mercury Marine's previous use of the site.
Item -1000 Block W Murdock - CUP
The Plan Commission decided to review and vote on both the zone change and conditional use
permit request as one item.
IIB. CONDITIONAL USE PERMIT TO DEVELOP AN ASSISTED LIVING AND
RESIDENTIAL CARE FACILITY ON PROPERTY LOCATED ON THE NORTH
SIDE OF THE 1000 BLOCK OF WEST MURDOCK AVENUE
The applicant is requesting a conditional use permit to develop an assisted living and residential
care facility as home for frail elderly and disabled adults with associated site improvements.
Mr. Buck presented the item and reviewed the site plan for the proposed CBRF. He stated that
Walnut Street on the west side of the parcel is not constructed and that the proposed two buildings
would be built in phases with the structure on the east side of the parcel to be completed first. The
petitioner is seeking approval for both buildings at this time. He further stated that the driveway
accessing Murdock Avenue would be shifted to the west so that the centerline of the driveway
lines up with the centerline of Cedar Street and the sidewalk along Beech Street is extended to the
north property line. Signage, landscaping, and stormwater detention plans have not yet been
submitted for the development, but will be required to meet code at the time of building permit
issuance. The petitioner has stated that they would make every effort to retain the old growth trees
on the site and incorporate them into their landscape plans. Mr. Buck also reviewed the building
elevations and building features and displayed photos of the proposed development.
Mr. Borsuk questioned why the staff report showed the owner as Mercury Marine and the
applications stated it was owned by Century Oaks, LLC.
Mr. Buck replied that they were in the process of negotiating a sale of the property, but records
show that the site is still in the name of Mercury Marine.
Mr. Borsuk inquired if the future building on the site would look different than the first structure.
Mr. Buck responded that the petitioner has indicated that the second structure may be re- designed,
however the Plan Commission is reviewing the proposal for the approval of the use on the site
only. He further stated that if circulation is changed on the site, the petitioner would have to come
back to the Plan Commission for further approval.
Mr. Thorns questioned if the driveway access on Beech Street is an acceptable distance from
Murdock Avenue.
Mr. Buck replied that the required distance would be 40 feet and that the driveway access exceeds
that requirement.
Mr. Thoms inquired if the rezoning was contingent on the sale of the property to Century Oaks and
if the sale was not finalized, would the zoning be required to be changed a second time.
Mr. Burich responded that C -1 was the appropriate zoning regardless of whether this development
moved forward or not.
Mr. Hinz questioned why there was no driveway access onto Walnut Street.
Item -1000 Block W Murdock - CUP
Mr. Buck replied that Walnut Street was currently unimproved at this time and even if it would be
constructed at a later date, three drive accesses for this use would'be excessive. The property
owners would be required to request the street to be constructed or vacated to initiate any action on
the part of the City.
Paul Moran, 2748 Holiday Court, Neenah, stated that he was present on behalf of the petitioner if
anyone had any questions.
Mr. Thorns commented that he was not comfortable with reviewing proposals that do not include
landscaping or stormwater plans.
Mr. Fojtik stated that in this case the Commission was reviewing the site for the appropriateness of
the use not approving a development plan.
Mr. Thorns commented that he felt that the approval of the use should involve reviewing all
concepts of the plan.
Mr. Burich responded that the Zoning Ordinance designates the requirements for minimum
landscaping and stormwater and the development would have to meet the ordinance requirements
at the time of building permit issuance so these types of requests don't typically include the
landscape plan. However, if the Plan Commission wanted to require additional landscaping to
mitigate some impact that would be appropriate.
Motion by Monte to approve the zone change from M -2 Central Industrial District to C -1
Neighborhood Business District and to approve the conditional use permit to develop an
assisted living and residential care facility on property located on the north side of the
1000 block of West Murdock Avenue as requested with the following conditions to be
applied to the CUP:
1) Driveway is shifted to the west so that the centerline of the driveway lines up with the
centerline of Cedar Street.
2) Sidewalk is extended along the Beech Street frontage to the north property line.
3) If wet ponds are used, the detention basins are to be designed without rip rap above the
water line and native plants to be planted on the side slopes of the basin and emergent
plants on the safety shelf with final design to be approved by the Department of Community
Development.
Seconded by Bowen. Motion carried 7 -0.
Item - 7000 Block W Murdock - CUP
( 0
-THKO- f H
ON THE WATER
AP'PLICA T INP RMATXO
City of Oshkosh Application
Conditional Use Permit
* *M' ASE TYPE OR P RIN T USING BLACK TM(*
petitioner. DAVEL ENGINEERING, INC
Petitioner's Address: 1811 RACINE STREET
Telephone #: (920) 991 -1866
Fax: (92 830 - 9595
Status of Petitioner (Please Check): Owner x
P'etitioner's Signature (required):
Prospective Buyer
Date: %1— d
OWNS M!? MA TUMN "
owner(s):
CENTURY OAKS LLC — Date; 09/09/200
WI
Owner(s) Address:
PO BOX 421 City: NEBNAH State: Zip: 54956
Telephone 9-(920) 527 -9910 _ Fax: (920) -6304 . Othea•Contact##orEma": LMt7l- T @NEW.RR'CbM
Otivnership Status (Please Check): Individual Trust Partnership x 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:
SITE I. ]C OR,1v ATiON
Address/Location of Proposed Project:
1018 1MURDOCK AVENU
Date: :a __
Proposed Project Type, ASSISTED LIVING /RESIDENTIAL CARE FACILITY 0a"
*—+( CUR=- NT)
Zoning: C -1 (PRO
o� sin)
Current Use of Property: C�AI'�7'zLp� - MM
Land Uses S urroun di ng Your Site: North: E 7TTAr_, f R--�
South: -
East: QOM ERA (C - 2
Vilest; R]rSTDENTZATu R - ]
* *Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
D Application fees 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 wore information please the City's website at www.ei..osIikDsti.i� /Cam triunity _Devolopmell /Plannin
Staff Date Recd 4'1
Date : 09 /09/
City: MENAS HA,. State: W* Zip: 5 4 9 5 2
other Contact t# or Email: JOHN @HvELENGZNBERSNG CON
SUBMIT TO:
Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, Wisconsin 54903.1130
PI- J.OWE (920) 236-5059
4A
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.
THE FACILITY IS ASSISTED LIVING RESIDENTIAL. THE STAFF IS PROFESSIONAL AND THE RESIDENTS
ARE SUPERVISED.
2.
Pedestrian and vehicular circulation and safety.
ALTHOUGH VISITATION IS ENCOURAGED AND RESIDENTS ARE FREE TO COME AND G0, TRAFFIC GENERATED
FROM THESE TYPES OF FACILITES ARE LOWER THAN TYPICAL RESIDENTAL SETTINGS.
3.
Noise, air, water, or other forms of environmental pollution.
THE BUILDINGS ARE NO DIFFERENT THAN OTHER TYPES OF MULTI- FAMILY BUILDINGS, GENERATING MINIMAL
NOISE AS MOST ACTIVIES ARE INDOORS.THE BUILDINGS ARE HEATED WITH NATURAL GAS AND DO NO EMIT
POLLUTANTS INTO THE AIR.SEWAGE IS COLLECTED VIA THE MUNCIPAL SYSTEM. STORM WATER IS TREATED IN
ACCORDANCE WITH LOCAL & STATE ORDINANCE TO REMOVE POLLUTANTS PRIOR TO DISCHARGE FROM THE SITE.
4.
The demand for and availability of public services and facilities.
ADEQUATE SEWER AND WATER FACILITIES AND OTHER PUBLIC UTILITIES ALREADY EXIST AND ARE ADJACENT
TO THE SITE.
5.
Character and future development of the area.
THE CHARACTER OF THE DEVELOPMENT IS RESIDENTIAL, WHICH IS COMPATIBLE WITH ADJACENT USES OF
THREE SIDES AND SERVES AS A GOOD BUFFER TO OTHER COMMERCIAL USES TO THE EAST.
SUBMITTAL REQUIREMENTS — Must accompany the application to be complete.
➢ A narrative of the proposed conditional use and project including:
® Proposed use of the property
10 Existing use of the property
0 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
fg 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:
® Two (2) full size (24" x 36 ") scaled and dimensioned prints of site plan and building elevations
to Two (2) 8 ' /z" x 11 (minimum) to 11" x 17" (maximum) reduction of the building elevations and site plan
® One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style
table file (if plans have been prepared digitally)
® 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
17 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
fit All required building setback and offset lines
10 All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios,
fences, walls
to Location of all outdoor storage and refuse disposal areas and the design and materials used for construction
W 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 -36 City of Oshkosh Zoning Ordinance
W Location and dimension of all loading and service areas on the subject property
Q 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
Narrative of the proposed conditional use
1018 West Murdock Avenue
Century Oaks is proposing construction of two 28 bed Community Based Residential
Facilities (C.B.R.F.'s) on the property of 1018 West Murdock Avenue, Oshkosh. The
property is currently vacant land with a zoning of M -1, surrounded by zoning of R -1 to the
north and west, C -2 to the east, and R -2 to the south.
The facilities would be built in two phases; the first home would be approximately
23,658 Square feet built on the northeast section of the property, followed by a similar
second home being built on the northwest section. The compatibility of these homes to
adjacent properties would be a natural flow from commercial to residential.
The homes would be aesthetically pleasing with brick or stone exterior wrapping a
portion of the front and a canopy hosting the entrance. Parking for approximately 15 for
each home would be along West Murdock, adequate for the peak staffing of 7 and resident
families. The balance of the 3.2 acres would be completely landscaped, with an attempt to
conserve as many large oak and walnut trees as possible.
Century Oaks will be providing a home for the frail elderly, and for disabled adults.
The homes will be staffed 24/7, and other then an occasional boisterous packer party the
noise levels would be at a comfortable level.
Although the traffic to and from Century Oaks would be minor Century Oaks is
proposing an entrance off West Murdock and off Beech Street to improve safety and traffic
flow.
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CUP /REZONING
CBRF`S -1000 BLK W MURDOCK
PC: 10 -06 -09
SAMMONS ETAL B MICHAEL
522 W MURDOCK AVE
OSHKOSH WI 54901 2298
RE VACANT LOT WALNUT ST
MERCURY MARINE
PO BOX 1939
FOND DU LAC WI 54936 1939
RE VACANT LOT W MURDOCK AV
HARPER CAROL L
1717 BEECH ST
OSHKOSH WI 54901
DECKER STEFAN /ANGELA
1720 WALNUT ST
OSHKOSH WI 54901 2850
GARDE GARY R
1841 BEECH ST
OSHKOSH WI 54901 2228
RE 1841 -1844 BEECH ST
910 MURDOCK LLC
3483 JACKSON ST
OSHKOSH WI 54901 1296
RE 910 W MURDOCK AV
SWANKE DOUGLAS E
1045 CUMBERLAND TRL
OSHKOSH WI 54904 8023
RE 1205 W MURDOCK AV
KRYZANIAK SR LARRY J
1720 CEDAR ST
OSHKOSH WI 54901 2826
CENTURY OAKS LLC
PO BOX 421
NEENAH WI 54956
MURRAY TIMOTHY
1840 WALNUT ST
OSHKOSH WI 54901 2261
EICHSTADT REV TRUST
HAROLD /MARCELLA
1820 VINLAND ST
OSHKOSH WI 54901 2245
RE 1804 -1820 VINLAND ST
REHM CHRISTOPHER A /KE
905 W MURDOCK ST
OSHKOSH WI 54901
RE VACANT LOT BEECH ST
LEMBERGER KENNETH G
1455 VALLEY RD
OSHKOSH WI 54904 9307
RE 1721 CEDAR ST
DAVEL ENGINEERING INC
ATTN JOHN DAVEL
1811 RACINE ST
MENASHA WI 54952
10
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DISCLAIMER COMMUNITY BASED
This map is neither a legally recorded map nor
su rvey d isdr aw ingis a n compi ndedtob lation of recor ds, data This RESIDENTIAL FACILITIES N OYHKOfH
is dring is compiecor, data
and information located in various city, county ON THE WATER
and state offices and other sources affecting 1000 BLOCK W M U R D O C K A
the area shown and it Is to be used for reference City of Oshkosh
purposes only. The City of Oshkosh is not re- Department Of
sponsible for any Inaccuracies herein contained.
Community Development
If discrepancies are found, please contact the
City of Oshkosh. Scale. 1 n — 150'
09/17/09
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DISCLAIMER COMMUNITY BASED a
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 discrepancies are found, please contact the
City of Oshkosh.
Created by - dff
RESIDENTIAL FACILITIES N
1000 BLOCK W MURDOCK AV
Scale: 1" = 150'
O.fHKOfH
ON THE WATER
City of Oshkosh
Department of
Community Development
09/17/09