HomeMy WebLinkAbout10-34JANUARY 26, 2010
10 -34 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE CONDITIONAL USE PERMIT AND PLANNED
DEVELOPMENT FOR A RECREATIONAL VEHICLE PARK
& CAMP STORE AT 3911 SOUTH WASBHURN STREET /
OSH VEGAS PALMS RESORT LLC
INITIATED BY: OSHKOSHVEGAS PALMS RESORT LLC, PETITIONER
PLAN COMMISSION RECOMMENDATION: Denied 0 -5
BE IT RESOLVED by the Common Council of the City of Oshkosh that a
conditional use permit and planned development with base standard modifications to
establish and continue a recreational vehicle (RV) park and camp store to be completed
in phases, per the attached, is hereby approved with the following conditions:
1) All improvements as described and depicted on the plans are completed in
phases as proposed with full development of the site completed no later than
December 2012 - Phase III. If not completed, the owner of the property will be
subject to citation or the use of the property will be discontinued voluntarily or by
act of the City of Oshkosh.
2) No outdoor storage of unoccupied recreational vehicles or other equipment/
vehicles not associated with an active RV Park/camping use.
3) The center RV parking drive aisle must be constructed to support fire apparatus
in 2011 - Phase II.
4) Three -lane drive rumble strip and markings on South Washburn Street be
adjusted to be located on private property.
5) Prior to the installation of the culvert in 2011 - Phase II, the stormwater collected
near the western driveway on Ripple Avenue be conveyed onto private property.
A
Of H K f H
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich i "'
Director of Planning SPervices
DATE: January 21, 2010
RE: Approve Conditional Use Permit and Planned Development for a Recreational
Vehicle Park and Camp Store at 3911 South Washburn Street / OshVegas Palms
Resort, LLC (Plan Commission Recommends Denial)
BACKGROUND
The 3.9 -acre subject property received Conditional Use and Planned Development approval with
conditions in December 2007 permitting the development and use of the property as an RV park
and camp store between the months of April and October. The site was used throughout 2008 as
an RV Park without required improvements being completed and in violation of time restrictions
as dictated within the CUP /PD. In March 2009 the petitioner came before the Plan Commission
with an application for amendment to the CUP to allow year round use of the RV Park and to
extend the timeframe to finish required site improvements when weather permits. This amended
CUP/PD request was approved with conditions including improvements contained within the
approved Development Plan be completed in 2009 and that the conditional use permit be valid
only through December of 2009. The current CUP/PD approval request is required by the
previously issued CUP /PD as the 2 year timeframe has expired. Additionally, other required
conditions of approval have not been met relating primarily to site improvements. Therefore, the
previous CUP /PD is no longer valid and removed so the continued use of the site for an RV park
and camp store must receive a new CUP /PD based on the M -1PD zoning designation and
necessary base standard modifications to the Highway 41 Overlay District requirements.
ANALYSIS
The originally approved CUP /PD (2007) included the establishment of a 17 space recreational
vehicle (RV) parking /camping area accessed by 3 drive lanes, an area for tents along West
Ripple Avenue and redevelopment of the 1,000 square foot building for use as a camp store.
Portions of the existing asphalt parking areas and drive aisles were proposed to be milled and
repaved with some areas to be removed. The amendment to the CUP (2009) was approved
allowing year round use of the RV Park and the conditions that the property owner would finish
site improvements as set forth in the original CUP /PD during 2009. The petitioner is now
requesting a new CUP/PD to establish and continue the recreational vehicle (RV) park and camp
store uses while completing site improvements in a 3 -year phased scenario running from 2010
through 2012 as outlined in the attached staff report.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission denied this request at its January 19, 2010 meeting.
Approved,
r�
City Manager
ITEM: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN APPROVAL FOR
ESTABLISHMENT OF A RECREATIONAL VEHICLE (RV) PARK AND
CAMP STORE AT 3911 S. WASHBURN STREET (ADJACENT TO THE
FORD FESTIVAL PARK SITE)
Plan Commission meeting of January 19, 2010
GENERAL INFORMATION
Applicant/Property Owner: Oshvegas Palms Resort, LLC
Action(s) Requested:
This is a request for approval of a CUP/PD to establish a recreational vehicle (RV) park and camp
store on property adjacent to the Ford Festival Park at the southwest corner of West Ripple Avenue
and South Washburn Street.
Applicable Ordinance Provisions:
Criteria used for Conditional Use Permits are located in Section 30 -11 (D) of the Zoning
Ordinance. Planned Development Overlay District standards are located in Section 30 -33 (E) of
the Zoning Ordinance. Highway 41 Overlay District regulations are located in Section 30 -34 of
the Zoning Ordinance.
Property Location and Historical/Background Information:
The 3.9 -acre subject property received Conditional Use and Planned Development approval with
conditions in December 2007 (see attached Resolution 07 -357) permitting the development and
use of the property as an RV park and camp store between the months of April and October. The
site was used throughout 2008 as an RV Park without required improvements being completed and
in violation of time restrictions as dictated within the CUP /PD so in March 2009 the petitioner
came before the Plan Commission with an application for amendment to the CUP to allow year
round use of the RV Park and the determination that the property would finish site improvements
when weather permits. It received Conditional Use and Planned Development approval with
conditions including improvements contained within the approved Development Plan be
completed in 2009 and that the conditional use permit be valid only through December of 2009
(see attached Resolution 09 -69).
The current CUP/PD approval request is required as part of the satisfaction of the previously
issued CUP /PD as the 2 year timeframe has expired. Additionally, other required conditions of
approval have not been met. Therefore, the previous CUP/PD is removed and the continued use of
the site for an RV park and camp store must receive a new CUP /PD based on the M -1PD zoning
designation and necessary base standard modifications to the Highway 41 Overlay District
requirements.
Subject Site
Existing Land Use Zonin
RV Park and Camp Store with expired CUP /PD M -1PD /HWY 41 Overlay
ddiacent Lnnd Use a Zoni
Existin Uses
Zonin
North
Agricultural (across W Ripple Ave)
M -1PD
South
Festival Grounds/Agricultural
M -1PD /HWY 41 Overlay (City)
A -1 (County Zoning)
East
(across Highway 41)
A -1 (County Zoning)
West
- Agricultural
Festival Grounds /Agricultural
A -1 (County Zoning)
Comprehensive Plan Land Use Recommendation
Land Use
10 Year Land Use Recommendation
Commercial /Agricultural
20 Year Land Use Recommendation
Commercial /Agricultural
ANALYSIS
The originally approved CUP/PD (2007) included the establishment of a 17 space recreational
vehicle (RV) parking area accessed by 3 drive lanes, an area for tents along West Ripple Avenue
and redevelopment of the 1,000 square foot building for use as a camp store. Portions of the
existing asphalt parking areas and drive aisles were proposed to be milled and repaved with some
areas to be removed. To ensure the site was developed to an acceptable standard as well as
address the potential extended stay problems and keep the nature of the use temporary, staff
suggested and the Plan Commission and Common Council approved a set of conditions in the
resolution which are listed below:
1) Maximum length of stay is 14 days.
2) Remove additional asphalt at the northeast corner of the site to meet the 25 -foot setback
along West Ripple Avenue and the greatest setback along South Washburn Street.
3) Increase setback along South Washburn Street to 5 feet and provide a base standard
modification to allow said 5 foot setback.
4) Remove asphalt on southern drive aisle that encroaches into setback.
5) Eliminate the sanitary waste dump station.
6) Reduce western drive on West Ripple Avenue to a standard Class Il Drive.
7) Adjust placement of the eastern drive to West Ripple Avenue to line up with the
western drive aisle. Reduce eastern drive to a standard Class II driveway width and
permit the driveway 140 feet from the intersection.
8) Eliminate the northern drive on South Washburn Street.
9) Adjust southern drive on South Washburn Street to have one 12 -foot ingress lane, a 4-
foot painted median and two 10 -foot egress lanes and provide a base standard
modification to allow the drive to be 36 feet wide.
10) Provide an internal access drive from the parking lot on the east of the store to the
parking lot on the west of the store.
11) The center RV parking drive aisle must be designed to support fire apparatus.
12) Add a drive lane to the north of the RV parking area and south of the camper /tent area..
13) Intensify landscaping (trees and shrubs) along the two street right -of -ways.
ITEM -3911 S Washburn CUP PD -RV Park
14) Building remodeling must meet design standards of the Highway 41 Corridor Overlay
District
15) Grading, drainage and stormwater plan must be reviewed and approved by the Dept. of
Public Works.
The amendment to the CUP (2009) was approved allowing year round use of the RV Park and the
conditions that the property owner would finish site improvements as set forth in the original
CUP /PD during 2009.
The petitioner is now requesting a new CUP /PD to establish and continue the recreational vehicle
(RV) park and camp store uses while completing site improvements in a 3 -year phased scenario
running from 2010 through 2012, as follows:
Phase I — to be completed in 2010
Improvement to be included in 2010 is minimal and consists of.
• Installation of landscaping on -site including two overstory trees (sugar maples) and nine
evergreen trees (Colorado blue spruce) along the Ripple Avenue frontage as well as four
overstory trees (sugar maples) fronting South Washburn Street.
Phase II — to be completed in 2011
The proposed work for 2011 is the most substantial and includes:
• Redevelopment of the South Washburn Street parking lot including the removal of asphalt
to establish setbacks;
• Improve driveways on Ripple Avenue to meet code standards and improve the driveway on
South Washburn Street to a 3 -way drive;
• Install the culvert under the western driveway on Ripple Avenue to address stormwater
management issues; and
• Complete the landscaping on -site including: installation of four four -foot high berms; two
overstory trees (sugar maples) and four overstory trees (sugar maples and flowering
crabapples) along South Washburn Street; two overstory trees (sugar maples) along Ripple
Avenue; three evergreen trees (Colorado blue spruce) at the corner of Ripple and South
Washburn; and approximately 50 understory shrubs on both the Ripple Avenue and South
Washburn Street frontages.
• Creation of an outdoor volleyball court at the southeast corner of the property.
Phase III — to be completed in 2012
Improvements for 2012, the final phase year completing the development with:
• Redevelopment of the rear parking lot including the removal of asphalt to establish
appropriate drive lanes and installation of landscape islands;
• Installation of final landscaping on -site including: installation of five two -four foot berms;
two overstory trees (sugar maples) on a berm separating the tent area from the rear parking
lot; two overstory trees (flowering crabapples) near the camp store; and approximately 60
understory shrubs within islands and on berms.
The Fire Department's review of the internal circulation resulted in the original condition that the
center RV parking drive aisle be designed to support fire apparatus (minimum of 20' wide and
carrying capacity of 75,000 pounds). Fire feels that they can address any issues occurring in the
RV area from this central drive lane however they are frustrated that even though the site has been
ITEM -3911 S Washburn CUP PD -RV Park
in operation three years, said fire lane was never installed and that the current proposal excludes it
(see attached letter from the Fire Department) and requests that it be installed as a condition of
approval. Even though it is felt to be an extremely important safety feature of the site and is
required by the Fire Code, in an attempt to minimize costs for the owner, Fire has reluctantly
agreed to allow the installation of the drive to be coordinated with other paving work on the site in
2011 /Phase II. The Department of Public Works expressed concern regarding the 201 I/Phase II
timing of the culvert installation but also understands that it is much more cost effective to
complete with other paving work. To address the stormwater issue related to this area, they request
a condition that prior to the installation of the culvert, the stormwater collected near the western
driveway on Ripple Avenue be conveyed onto private property only.
Staff believes that final improvements as proposed and depicted in 2012 /Phase III are of high
quality and would be a very attractive and functional RV park use as well as an appropriate
gateway development into the City. Staff also believes the RV park and store use are compatible
with events held at the airport and Ford Festival Park during the summer and fills a need for
limited term RV parking throughout the winter months as well. That being said, staff does have
fear, based on the history of noncompliance with Council issued conditions of CUP/PD approval
over the last three years, that the developer may not have the ability to complete the phases as
proposed. Staff would like to state, as a condition of approval, that all improvements as described
and depicted on the plans are completed in phases as proposed with full development of the site
completed no later than December 2012. If not completed, the owner of the property will be
subject to citation or the use of the property will be discontinued voluntarily or by act of the City
of Oshkosh.
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends approval of the request for a
Conditional Use Permit/Development Plan for the use of a recreational vehicle (RV) park and
camp store at 3911 S. Washburn Street, with the following conditions:
1) All improvements as described and depicted on the plans are completed in phases as
proposed with full development of the site completed no later than December
2012 /Phase III. If not completed, the owner of the property will be subject to citation
or the use of the property will be discontinued voluntarily or by act of the City of
Oshkosh.
2) No outdoor storage of unoccupied recreational vehicles or other equipment/vehicles not
associated with an active RV Park/camping use.
3) The center RV parking drive aisle must be constructed to support fire apparatus in
2011 /Phase II.
4) Three -lane drive rumble strip and markings on South Washburn Street be adjusted to be
located on private property.
5) Prior to the installation of the culvert in 2011 /Phase II, the stormwater collected near
the western driveway on Ripple Avenue be conveyed onto private property.
The Plan Commission denied the conditional use permit /development plan with conditions noted.
The following is the Plan Commission's discussion on this item.
ITEM -3911 S Washburn CUP PD -RV Park
Mr. Buck presented the item and reviewed the site and previous uses as well as the CUP approved
in 2007 for temporary use as a recreational vehicle park to be open from April through October.
He also reviewed the 2009 CUP amendment to operate the RV park all year round which was
approved with conditions that included a condition making the CUP valid only through December
of 2009. Mr. Buck also reviewed some of the improvements that were required to occur on the
site, however the owner has experienced some setbacks and not completed improvements related
to the landscaping and paving requirements. He further explained that the owner is proposing to
finish the project in three phases over the next three years with completion in the end of 2012. He
also reviewed some of the improvements complete to date, the phases to be completed in the
future, and the final product in 2012. He also commented that the Fire Department had issues with
the lack of an adequate fire access, but stated that they were willing to allow a fire lane to be
installed when additional paving work is to be done 2011 or proposed Phase II. He also
commented that the Department of Public Works had concerns with the delay of the culvert
installation on Ripple Avenue as there are flooding issues in this area and requested a condition be
added that the stormwater collected near the western driveway be pumped back onto the site rather
than be pumped into public right -of -way. He commented that when complete, the development
should be an appropriate gateway site and would provide a need for the use at this location. He
added that staff was apprehensive to recommend approval as the required improvements were not
completed in the past, but that the phases of the project would allow the improvements to be more
affordable for the owner. He also reviewed the conditions placed on this request.
Mr. Borsuk questioned if the parking stalls for the RV's were going to be paved as in the original
site plan submittal.
Mr. Buck responded that the RV stalls have been amended to allow them to be graveled stalls
instead of the originally proposed paved stalls. This is considered acceptable to staff as it is a
campground for recreational vehicle use and not a parking lot.
Mr. Borsuk asked about stormwater management to deal with both solids and velocity as he did
not see any detention ponds on the site plans.
Mr. Buck replied that most of the site was impervious and the owner was not increasing this area
so he did not believe stormwater management plans would be required. He introduces Steve
Gohde, Assistant Director of Public Works who added that since the owner was actually reducing
the asphalt area and not increasing the impervious space that the City would not require
stormwater management. He further commented that since there was not over one acre of
disturbance on the site, it would not trigger DNR conditions. He also commented that since this
was a redevelopment area, different rules apply than if it was a new development area.
Mr. Borsuk then asked for explanation of the condition regarding conveying stormwater onto
private property.
Mr. Buck responded that this was added at the request of Public Works as the owner has been
pumping the stormwater collected near the western driveway on Ripple Avenue and directing it to
the right -of -way. The Department of Public Works is requesting that the stormwater be pumped
onto an area on the owner's land not the roadway.
ITEM -3911 S Washburn CUP PD -RV Park
Mr. Gohde added that there was no culvert to handle the water in the ditch on Ripple Avenue and
one needed to be installed to prevent ponding in that area and that pumping the water back onto the
property would be satisfactory until the proposed culvert was installed in 2011.
Mr. Borsuk also inquired about what type of requirements there were for dealing with sanitation
issues.
Mr. Buck replied that the owner obtains permits for temporary sanitation facilities during large
events and that there were also permanent facilities on the site for use at other times. The RV's
have their own facilities and must go to a designated pump station for the disposal of their waste.
Mr. Borsuk questioned the condition to not allow the storage of unoccupied RV's and how it
would affect the concept of selling RV's on the site.
Mr. Buck responded that sales were not permitted on the site, however it would not prevent
someone from displaying a "for sale" sign in the window of an occupied and personally used RV,
while staying at the park.
Mr. Fojtik inquired if the current site design meets current fire codes.
Mr. Buck replied that it does not.
Mr. Thorns asked how many of the conditions from the original CUP in 2007 were met.
Mr. Buck responded that most of the conditions will be met in the current plans submitted within
the three -year period.
Mr. Thorns suggested that the Commission consider approving the CUP/PD request for one year
only at this time to monitor the progress that has been made and asked Mr. Buck to review the
previous conditions and determine which ones were met thus far.
Mr. Buck reviewed the original CUP /PD's 15 conditions and determined that 3 have been met.
Mr. Bowen questioned if the condition relating to citations being issued if conditions were not met
was to be considered annually or only at the proposed completion of the project in the end of 2012.
Mr. Buck replied that the condition would only be enforced at the end of 2012.
Stuart Schrottky, Fire Department Battalion Chief of Inspections, stated that he discussed
completion of the fire lane with the owner and what the code requires for said lane. The Fire
Department wanted this access lane constructed prior to opening the park 3 years ago because if a.
fire occurs on the site, it could be a potentially dangerous situation if a truck could not gain
sufficient access to extinguish it before it spread to multiple RV units. After reviewing the site, it
was determined that though difficult, a fire could be reached by using the existing outside lane
until the fire access lane could be constructed in 2011.
Mr. Bowen inquired if the Commission had approved any CUP /PD Developments in phases in the
past.
ITEM -3911 S Washburn CUP PD- RVPark
Mr. Burich responded that he did not recall any such approvals offhand. Mr. Buck stated that the
Lakeview Park subdivision was approved in phases. Mr. Bowen commented that the subdivision
was approved in phases; however each phase was completed before proceeding to the next phase
of the development.
Martin Schibbelhut, 1077 Meadow Lane, Fond du Lac, owner /petitioner for the project, stated that
he wished to thank City staff for working with him on this project as it was somewhat challenging
being the only campground located in the city limits. He further commented that the Commission
needed to look at what this site used to be when considering this project and what a unique
destination in Oshkosh it will become in the future. He has had some setbacks regarding
development due to the fact that Ford Festival Park did not produce the events originally scheduled
and other events such as Ducks Unlimited and EAA did not work out as planned either. He
wished to make the site a useable property. He met with Mr. Schrottky from the Fire Department
on the fire lane issue and stated that the outside lane should be adequate to support a fire truck as it
supports RV's which are substantial in size and weight. He also commented that this would be the
only RV campground between Green Bay and Milwaukee.
Mr. Borsuk questioned why the parking stalls for the RV's were not being paved to provide a dust: -
free surface.
Mr. Schibbelhut replied that the current surface was compacted gravel and dust -free now as the
pads were comprised of rock and screening with grass in between and that no pavement is usually
found in camping areas of most campgrounds. He also stated that asphalt surfaces are not
conducive to supporting RV's particularly in hot weather.
Mr. Borsuk commented on the previous uses discussed and stated that any approvals were granted
in increments with the approval being only for a temporary use not a long term plan. He felt that a
campground was not the best use of the property and he did not feel that approving the item as
proposed was holding this development to the same standards as other developments and it should
be no different. He did not feel this project was sustainable and if it cannot be completed in a
timely fashion, it was not approvable.
Mr. Thorns stated that he can deal with the project being completed in phases as he understands
that there may be cash flow issues in a startup business however since conditions have not been
met in previous years, he did not want to wait three years for a review of the development. He felt
the CUP should be pulled if required improvements are not met and proposed an addition to the
conditions to review the development on an annual basis.
Mr. Burich suggested that the condition state that "The conditional use permit be valid for a period
of 1 year from its initial date of Common Council approval in January 2010."
Mr. Vajgrt departed at 5:10 pm.
Mr. Fojtik questioned the development phases as to what items would be required to be done in
2010 that would be reviewed in one year.
ITEM -3911 S Washburn CUP PD -RV Park
Mr. Buck replied that the only improvements required in Phase I for 2010 was installation of some
landscaping.
Mr. Thoms then suggested that the Commission may want to consider a two year period for review
instead of one.
Mr. Bowen stated that he had a difference in opinion on the matter and felt that the owner was
financing the project on good will and that the Commission would be setting a dangerous
precedent by approving such a development in phases. He stated that he would not support this
request even with a one year review.
Mr. Hinz stated that he had sympathy for the owner and felt he was looking to the future however
his track record was not good in the past. He further stated that he would like to give him another
year but he did not feel it was a business that is marketable in the current economy.
Mr. Borsuk commented that he had issues with the nonconformance to the parking code as he felt
it still should be considered a parking area.
Mr. Buck stated that the development contains two parking lots and one area of RV camping spots
and the two parking lots, with proposed phased improvements, would meet the parking code
requirements. He did not consider the RV camping spots to be a parking lot.
Mr. Thoms commented that a storage area and a parking lot were very similar and he believes in
trying to promote small business.
Mr. Bowen stated that by approving this project to be allowed to be developed in phases was not
applying standards equally to all parties as this would not be the same standards as applied to other
developments in the past. He did not feel it was acceptable to pay for the improvements as it
develops.
Mr. Hinz inquired if the existing parking lots on the site currently conform to the parking code
requirements.
Mr. Buck replied that they do not.
Mr. Thoms questioned if the Plan Commission had allowed CUP's to be approved with
improvements done in phases in the past.
Mr. Buck responded no that most developments are required to meet code at the time of permit
issuance. CUP's and PD's must pull permits for and construct improvements within a 12 month
period.
Mr. Fojtik commented that two years could be a long time.
Mr. Borsuk stated that approving this request was entering dangerous territory by making new
policy by allowing developments to occur in phases. Plantings or paving have been allowed to be
delayed until weather permits but this concept could initiate a non - ending pattern for the future.
ITEM -3911 S Washburn CUP PD -RV Park
Mr. Bowen stated that he could be supportive of the request if it was proposed to be completed in
2010 but not in three years.
Mr. Thorns withdrew his suggestion to add the condition to review the development after a one
year period.
Motion by Thoms to approve a conditional use permit /development plan for establishment
of a recreational vehicle park and camp store at 3911 S. Washburn Street as requested
with the following conditions:
1) All improvements as described and depicted on the plans are completed in phases as
proposed with full development of the site completed no later than December
2012 1Phase III. If not completed, the owner of the property will be subject to citation
or the use of the property will be discontinued voluntarily or by act of the City of
Oshkosh.
2) No outdoor storage of unoccupied recreational vehicles or other equipment /vehicles
not associated with an active RV Park/camping use.
3) The center RV parking drive aisle must be constructed to support fire apparatus in
2011 /Phase II.
4) Three -lane drive rumble strip and markings on South Washburn Street be adjusted to
be located on private property.
S) Prior to the installation of the culvert in 2011 /Phase II, the stormwater collected near
the western driveway on Ripple Avenue be conveyed onto private property.
Seconded by Bowen. Motion denied 0 -5.
ITEM -3911 S Washburn CUP PD -RV Park
MARCH 10, 2009 09-69 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAW
PURPOSE: APPROVE AMENDMENT TO PREVIOUSLY APPROVED
CONDITIONAL USE PERMIT TO ALLOW YEAR ROUND USE OF
A RV PARK AND CAMP STORE AT 3911 SOUTH WASHBURN
STREET
INITIATED BY: OSHVEGAS PALMS RESORT LLC, OWNER
PLAN COMMISSION RECOMMENDATION: Approved w /conditions
WHEREAS, the Common Council previously approved a conditional use permit
for a RV park and camp store at 3911 South Washburn Street with one of the conditions
being that the use be permitted between the months of April and October; and
WHEREAS, the owner desires to amend the development plan to permit year
round use of the property as a RV park and camp store, per the attached.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the conditional use permit at 3911 South Washburn Street is hereby
amended to permit year round use of the property as a RV park and camp store, per the
attached, with the following conditions:
1 } All. conditions of Resolution #07 -357 remain in effect with the modification that
the maximum stay of 14 days apply to RV's being on- site /property, not on a
parking stall.
2) Improvements contained within the approved development plan are completed in
2009.
3) No outdoor storage of unoccupied recreational vehicles or other equipment/
vehicles not associated with an active RV park/camping use.
4) The conditional use permit be valid for a period of 2 years from its initial date of
Common Council approval in December 2007.
VW
DECEMBER 11, 2007
07 -357
RESOLUTION
CONTD
A) 2005 Oregon Street (cont'd)
8) Sidewalks be completed along the north property line.
9) Car wash operation hours be limited from 7:00 am to 10:00 pm.
B) 2231 Westowne Avenue; Oshkosh Westowne,, LLC
A conditional- use permit for'the planned development of a retail and restaurant building
with a drive thru, per the attached "Exhibit B ", with the following conditions:
1) . Base standard modification to allow a 24 stall parking lot.
2) Access to the site is adjusted to either a single full access drive or the two one -
way drives be reduced to 12 ft. in width and appropriately identified as one -way.
3) Whole panel replacement for any right -of -way pavement removal.
4) Cross access easements are established prior to construction of internal drives
to the west or east:
C) 3596 Steams Drive; Dan Dowling
A conditional use permit to amend a previously approved planned development for base
standard modifications -to the rear (south) and side (west) yard setbacks on Lot 1 of a
proposed certified survey map, per the. -attached "Exhibit C ", with the following
conditions:
q Depiction of all existing utility easements on the certified survey map (CSM).
2) Drainage easement identified on - the, proposed CSM, includes the word
"detention'.
3) Clarification and possible correctiori on the location of detention and drainage
easement as they relate to property.lines, as approved by the Department of
Public Works.
4) • Maintenance agreements between the two lots are established for the detention
and drainage easement.
5) + A building permit be obtained for the parking lot previously constructed on
proposed Lot 1.
6) Bate standard modification to allow a 0 foot west side yard setback and to allow
• a 20 foot south side rear yard setback.
7) A new stbrmwater, drainage and grading plan be reviewed and approved by the
Department of Public Works.
rl4
A !!Tc
onal • use permit for the planned development of a recreational vehicle (R1)
1 park and camp.store, per the attached "Exhibit D ", with the following conditions:
FAMA
DECEMBER 11, 2007 07 -357 RESOLUTION
CON ID
D) 'S. Was hbum Street (cont'd)
`•
1) Maximum length of stay is 14 days.
2) Remove additional asphalt at the northeast comer of the site to meet the 25 ft.
setback along West Ripple Avenue and the greatest setback along South
Washburn Street.
3) increase setback along South Washburn Street to 5 ft. and provide a base
standard modification to allow said 5 ft. setback.
4) Remove asphalt on southern drive aisle that encroaches into setback.
5) Eliminate the sanitary waste dump 'station or receive approval from the
Department of Public Works. '
.6) Reduce western drive on West Ripple Avenue. to a standard Class II Drive.
h the
7) Adjust placement of the eastern drive drive to a R ipple darAd Class �I l drive ine
western drive aisle. Reduce eas tr
and permit the driveway 140 ft. from the intersection.
8) Eliminate the northern drive on South Washburn Street.
9) Adjust southern drive on South Washburn Street 'to have one 12 foot ingress
lane, a 4 -foot painted median and two i 0 -foot egress lanes and provide a base
standard modification to allow the drive to be 36 ft. wide.
1 d) Provide an internal access drive from the parking lot on the east of the store to
the parking lot on the west of the store.
11) The center RV parking drive aisle must be designed to support fire apparatus.
12) Add a drive lane.to the north of the RV parking area and south of the ca
mperltent
area unless camper use Is eliminated
13) Intensify landscaping (trees and shrubs) along the two street right- of�vays.
14) Building remodeling must meet design standards of the Highway 41 Corridor.
Overlay District
15) Grading, drainage and stormwater plan must be reviewed and approved by the
Department of Public Works.
FIRE PREVENTION BUREAU
p City of Oshkosh Fire Department
Battalion Chief Stuart Schrottky
~ 101 Court Street
ism = 2006 Oshkosh, Wisconsin 54901
OF SERVICE (920) 236 -5241
January 7, 2010
Mr. David Buck
C/o City of Oshkosh Planning Department
215 Church Ave,
Oshkosh, WI 54901
RE: OshVegas
Dear David,
These are the concerns about the Fire Lane for OshVegas.
From the initial plan submittal, it was determined that a 20 foot fire lane with
all season capability that could support the weight of a fire truck was needed
for adequate emergency access to satisfy the adopted fire code. Gravel is not
an acceptable all season surface.
Although two lanes could have been required, it was determined that one
lane down the center of the RV area would be acceptable. Fire lanes are
required by code for all long drive areas on private property that cannot be
reached adequately from the road. This requirement should have been
completed before the business was opened.
From the start of the business to the present time, no improved fire lane has
been installed. The new three year plan does not call for any improvement in
the fire lane. I urge that any continued operating permits be denied.
Sincerely,
Stua►�Schro*
Stuart Schrottky
98
City f Oshkosh Ap Dept. of T o:
ty pp Dept. of Community Development
Planned Development Review 215 Church Ave., P.O.. Box 1130
p Oshkosh, Wisconsin 54903 -1130
QIHKQfH - Conditional Use Permit Review PHONE: (920) 236 -5059
ON THE WATER
* *PLEASE TYPE OR PRINT USING BLACK INK **
APPLICANT INFORMATION /
Petitioner: 0 5NV�gAS fti-*S hS6�� LL` C fi+ /w Date:
Petitioner's Address: City: t" °nio 04 4v- State: A&' Zip: SW O
Telephone #: (f k, ) 1 1 3 - 9 118 Fax: (Z08) 91- - 85'36 Other Contact # or Email: f z- - qp -0s —
Status of Petitioner (Please Check): AOwner ❑ Representat've ant ❑ Prospective Buyer
Petitioner's Signature (required): /yw��f- Date:
OWNER INFORMATION
Owner's): M-4 f ll j S. S c ftw &:ALUr Date: a - ZJV Y
Owner(s) Address: 1 677 11 tA&z+ 4-14� City: flk 44c State: 4h Zip: DTs
Telephone #: (1Za 3 - f778 Fax: (kg) 10 (. -96 7 34 Other Contact # or Email: q ` g33- 05-3
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 Servjcel Division for incomplete 'missions or other administrative reasons.
Property Owner's Signature:
SITE INFORMATION
Date: /t Z8l 3l r
Address/Location of Proposed Project: 9f if S. 11 , 4.f .Y61ck Jr. Parcel No.
Proposed Project Type:
Current Use of Property: _ E � g4 16[W49 n ft/lo # Zoning: _
Land Uses Surrounding Site: North: A4-1 f & (. —
South: M- PD
East: AWE/ 5A —
West: Ah "f & 6 " or 600. - Vl, —
"Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
➢ 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
fA";
For more information please the City's website at www.ci.oshkosh.wi.us/ Community_Development /Planning.htm
Staff i � Date Rec'd 1 4_ 215 __
9tE
Briefly explain how the proposed conditional use/development plan will not have a negative effect on the issues below.
1. Health, safety, and general welfare of occupants of surrounding lands. p
ft 7F /uE6ts,� ff�xvls� S��,r �S" A ✓1fCA .«o� W 11 A49
2. Pedestrian and vehicular circulation and safety.
GJ6 f,tv6 /,:n.:�,�(reQ /f /! ��t�ch24�r f.*ft�/.�GS�% �: �O.Oir� A D�.i�6r�L �•+
Si ��•�'�� R�r �u6y,'ty t �.v�2�ir�or��aror f�rtG'1 -tom' (c•� -S�� �S AW
�&
3. Noise, air, water, or other forms of environmental pollution. A�ae S 7a 7; s� Na�
Ode& eIL•�•�/sl �lt..� G✓.t f �65.�,.It �a �f OD f
G�; o�� mot[ ytz.e Ge•�o�e o4,e ��r, Fes! w E N 41&/ xweG AI s
4. The demand for and availability of public services and facilities. U6 �t'..+Pw 4 e;4 Ar .QO4i..ao
(.ds r .t fay¢ -f� -. — c.►!otf wG 449 1:4 f �
ou GJi[S { � WB Z- vet4ehofW of .fM�c•�
6 o ,c /a .Jf -f JV14 c' frwdics. 6u Xeca+ Y ~A cer/ V Z - .v. •c ,;,r b
!� h w ` r;✓Ae -- l 'l 4f 6' r- A
5. Character and future development of the area. dot, /p�,if _ fjr red Y%dr /,t / Odko / h.4 r
/Jk is exr �E- �fa�.� ox t , et �,c�ccr £fz. .fi r sA!'�,� �/As,:,i¢ /
SUBMITTAL REQUIREMENTS — Must accompany the application to be complete.
➢ A NARRATIVE of the proposed conditional use/Development Plan including:
❑ Existing and proposed use of the property
❑ Identification of all structures (including paving, signage, etc.) 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.
• Compatibility of the proposed use with adjacent and other properties in the area.
• Traffic generation (anticipated number of customers, deliveries, employee shift changes, etc.)
❑ Any other pertinent information to properly understand the intended use/plan and its relation to nearby properties and the;
community as a whole
24.r rk-
➢ A complete SITE PLAN and BUILDING ELEVATIONS must include:
❑ Two (2) full size (minimum 24" x 36 ") scaled and dimensioned prints of site plan and building elevations
❑ Two (2) 8 '/2" x 11 (minimum) to I I" x 17" (maximum) reduction of the site plan and building elevations
❑ 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 and contact information of petitioner's
engineers /surveyors /architects, or other design professionals used in the preparation of the plans
• The date of the original plan and revision dates, if applicable
• A north arrow and graphic scale.
❑ All property lines and existing and proposed right -of -way lines with dimensions clearly labeled
❑ All required setback and offset lines
❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, signs, decks, patios,
fences, walls, etc.
❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for screening
❑ 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
❑ Location and dimension of all loading and service areas
❑ 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, etc.
10
4
W,E L t J 0A E
!Y
io 7nAa& .
OSH VEG
PALMS PE SDRi
920 - 230 -2267 (office) 920 - 933 -0537 (cell)
December 22, 2009
TO: David Buck c/o City of Oshkosh
FROM: Marry Schibbelhut c/o Oshvegas Palms Resort
Here is the requested "narrative" regarding Oshvegas Palms Resort, looking back at the first full
year of operation and looking ahead to the long -term plan of 3911 S. Washburn.
First off, I want to talk about the current status of Oshvegas, relative to where we thought it
would be after the first full year of operation. While this year proved to be a decent year, with a
full house for Country USA and EAA, it still has a ways to go relative to attracting the overnight
camper on a regular basis. So many people have commented that "we didn't know there was a
campground right off the highway "; while I expected that to be the case for the first few years
while we grow, I'd like to see that change sooner rather than later. If you recall, we did NOT
open for full time camping business until Country USA of 2008. That came on the heels of the
massive rains we had, and while we weathered that downpour, we were virtually empty for EAA,
Great Outdoors Fest, etc. I still believe that the long -term viability of Oshvegas will come from
increased overnight campers, long -term vacationers, and at least a aid "Event" similar to
EAA/Country USA or an event we have to create on site. It appears there is NO plan to add any
more events to the Country USA grounds, which is unfortunate since that was part of their plan
when they moved onto the grounds there. But we will find other events to take that place. More
Packer Tailgate Parties on weekends; look into "drive in theater" rites, Sunday Farmer's
Markets, etc.
The first real hurdle I believe that needs to be discussed is the "long term" campers, or lack of. I
know there are a few on the plan commission that may not like having a campground in the city
limits. But our original plan was to make "something from nothing" and take a blighted piece of
property and turn it into something we can all be proud of. There was NO real discussion when it
came to allowing long -term campers, but I can tell you that I had at LEAST 14 customers
looking to book stays LONGER than 2 weeks at Oshvegas. At approx. $100 per week, that
equates to roughly $14,000 in revenue that I did NOT have a chance to go after. I have
included some shots from Country USA and EAA, showing the QUALITY of campers we
attract, and also the QUALITY of RV /Camper they bring in; we are talking in some cases units
worth $250,000 and more. These are folks that given the chance, would park their camper here
for the summer, drive back and forth in their H -3 Hummer, and call Oshkosh and Oshvegas
home for the summer. But right now we don't even have that opportunity.
#1 Some common agreement between City and Oshvegas on what potentially
could be viewed as a LEGITIMATE long -term stay ... (see pictures
attached). Things like NO CLOTHESLINES, No structures put up on
grounds, ALL the things that make OTHER LONG -TERM facilities look
like crap in my opinion.
11
Typical Oshvegas rig... driven by
older retired couple... the Adens pi
a one -night stay, and ended up sta3
4 nights. They bring out a picnic to
Chairs, etc. And they LOVED the
the town... even stayed here so the;
head to Door County to grab cherr
(Again, just another view showing
HOW Oshvegas looks, when we
have the RIGHT clientele in place)
(Just a shot of SOME of the
units that COULD make up
Long Term Stay parking ... as
you can see, these are NOT
Mobile Homes. These are
RV's..worth TONS of money!
1z
JA
T
� Y
And this crowd, almost to a PERSON,
was not upset about the parking lot or
the lack of it NOT being new...they
wanted LONGER STAYS and MORE
trees...I don't blame them on the trees.
NEED to have even MORE landscaping
put in than what EITHER of us thought.
What we saw this past year was a
crowd that was WELL- BEHAVED,
and just looking to hang out...
This crowd is SERIOUS about their
camping ... AND their campers! And I think
we need to work together to ensure we keep
crowds like this coming in!
13
CHALLENGE #2: DRIVE/LANDSCAPING
W C
BOSH VEGAS
I- . PALMS RESORT
I realize we ALL want to see as nice a complex as possible. But there was not a SINGLE
complaint this year relative to the condition of the driveways. MOST were actually surprised we
had a solid surface at all. NONE thought it necessary to upgrade the drive conditions while ALL
made a comment, to one extent or the other, as to having WAY MORE trees/shrubs etc on the
grounds.
I realize the original plan had us finishing the drive/landscaping this year, but that plan did NOT
figure in the economic instability; it also did NOT figure in the fact that 2 of the 3 partners on
board at the time of submission, would pull out of their financial obligations to the project. It
would have been VERY EASY to just throw in the towel ... but I believe in what the finished
product will look like. I believe, based on the meetings I have had with landscapers, that we can
create a MUCH BETTER look, visually, with more landscaping. But also have the revised plan
for Oshvegas include the drive being finished within the next 3 years, with the full Landscaping
done in 2010. I also feel that, with one full year of heavy traffic for at least 2 events, the desire
by the City to have the 2 fire lanes at the Campground be paved is overkill. We put in a double -
layer of rock when the original lanes were put in, SPECIFICALLY to be molded into a very
solid surface. With proper leveling every few years, this surface will be MORE than adequate to
handle ANY necessary Service Vehicle activity that needs to be on site. Also, with a solid paved
driveway running around the perimeter, and the north exposure being bordered by Ripple road,
and ALL sites having water access, should a Fire Truck be needed on site, they would have
access to a hard surface enough to cover the entire property.
I also feel that Resurfacing of the Parking Lot is FAR BETTER use of finances and makes
better use of what is already in place. I think we can ALL agree we want the best - looking
property we can. Resurfacing makes it look better, while using a great many of the resources
already in place. Resurfacing, if done properly, will hold the look and integrity for AT LEAST 8
....,... «.�:...� +- + nmm�aniPQ onntnotP.( 1T1 7009_
14
A
t
xt
tn
m
p � ry
_ � y st' �.M • 'S
r
`� i,^
W J E L C, 0 M J
OSH VEGAS
PALMSRESORT
CHALLENGE #4: How do we make Oshvegas an even GREATER destination
While the long -term viability for Oshvegas STILL is going to be a campground, I have seen an
even GREATER need to do more with the existing Hwy 41 exposure, and the use of the
building. With the crowd we had in for Country USA and EAA, we saw a great need to offer
more "business services" that were available for them And I have been in discussions with a
number of businesses that are interested in operating Coffee Shops/Quick Service Food/etc from
the front of the property.
But I see more here. When you see the 43,000 cars that are traveling the Oshkosh corridor
every day, you see a great need for a `Business Center' where they can stop, grab a coffee, a
quick sandwich, have access to High Speed Internet service, receive faxes, send faxes, hold a
short business meeting (not in a "convenience center" atmosphere), or stop after a long day on
the road and return e- mails, phone calls, etc, while enjoying a "park like" atmosphere. I liken it
to having a "Concierge" service similar to the hotels you experience in Vegas, and giving the
Business Traveler a one -stop shop unlike ANYTHING on the road between Milwaukee and
Green Bay.
Take advantage of the Hwy 41 exposure for the release of the Oshvegas Palms Business
Park... complete with all the services mentioned above. My concern comes in the form of
a.) Changes that would be need to made to the bathrooms
b.) Could we merge the 2 bathrooms into one Full service bathroom?
c.) Making sure it fits the overall plan of the Hwy 41 corridor (which we believe
it does)
d.) Ability to add Volleyball Court(shown on revised plans), backyard "patio
area ".
e.) Approval to add, possibly, a "Coffee Shop" or "Hot Dog" structure in the area
by the Volley Ball courts, keeping all Food/Beverage challenges, relative to
Health Department, contained in one free - standing building (long term).
f.) If we are to move on this, what other hurdles would need to be addressed, or
are we ok on this.
g.) I would also see the Radio Station(WBJZ) taking a more physical presence
there as well, offering even MORE opportunities to market the city on a
regular basis, and take advantage of all the activities going on, in the corridor.
There would be SOME broadcasting done out of the building, but in
conversations with David Buck, we would need to get approval of City
Electrical to ensure all is being adhered to in the way of proper wiring, etc.
16
W *EC C M E -
/ ro a'r6apavvs
,OH VEGAS
PAL
MSRESORT -
The idea for this "addition" to the Oshvegas site comes from talking to business people that
travel through Oshkosh and the area on a regular basis. All too often, they leave the office and
forgot a file, or an e-mail with an attachment that they forgot to print out. They can NOW call
the office, have it e- mailed or faxed to Oshvegas, get it printed out, and they are back on their
way. Or they need to meet for a quick "pow wow" with another business contact, but neither
have time for a long lunch. And while we have been blessed with some great convenience
centers along the corridor, they are not EXACLTY ideal for getting business done.
The Oshvegas Palms Business center takes care of their needs, keeps them in Oshkosh for a
longer period of time, makes a GREAT impression on them, from a City stand point, and might
just be the kind of "impression" that gets them to think about relocating their business here.
As you can see, my goal all along has been to make this a complex that ALL can be proud of.
While we have made major in- roads, this WAS our first FULL season of camping. And we have
learned a great deal. And there is still MUCH to do. And I am only one man, with no partners. I
am doing it on my own, and while it's monumental task, it's also one that we will win at.
But am going to need help from the City to get it done. I am NOT asking that we DON'T do the
things that were originally requested, but I feel that time is going to be needed for it to be done. I
believe tackling the landscape in 2010, to get the property looking as nice as it can visually, is
still Step One. And then we tackle the other projects from there.
I think the parking lot resurfacing would be another step, rather than a complete Or we'll be back
to having an empty parking lot that sits in an undesirable state for some time to come! And I
don't want to see that happen.
Sincerely,
Marty Schibbelhut
Oshvegas Palms Resort
920 - 230 -22367 920- 933 -0537 (cell)
17
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CUP /PD -RV PARK /CAMPSTORE OSHVEGAS PALMS RESORT LLC RUSCH THOMAS
3 911 S WASHBURN ST 1077 MEADOW LN GABERT RICHARD
PC: 01 -19 -10 FOND DU LAC WI 54935 6311 PO BOX 3808
OSHKOSH WI 54903 3808
RE VACANT LOT S WASHBURN S'.
RUSCH ETAL THOMAS N
3807 STATE ROAD 21 A
OSHKOSH WI 54904 9323
RE VACANT LOT S WASHBURN ST
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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 drewing 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
RV PARK/CAMPSTORE
3911 S WASHBURN ST
Scale: 1" = 300'
N .f HK 1H
oa THE WATM,
City of Oshkosh
Department of
Community Development
01/06/10
9 S
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 discrepancies are found, please contact the
City of Oshkosh.
Created by - dff
RV PARK/CAMPSTORE
3911 S WASHBURN ST
Scale: 1" = 2000'
r
N Of HK lH
ors the w�TEa
City of Oshkosh
Department of
Community Development
01/06/10
26
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 discrepancies are found, please contact the
City of Oshkosh.
RV PARK/CAMPSTORE
3911 S WASHBURN ST
Scale: 1" = 300'
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N Of
ON THE WATER
City of Oshkosh
Department of
Community Development
01/06/101
Created by - dff