HomeMy WebLinkAbout19. 18-132 FEBRUARY 27, 2018 MARCH 13, 2018 18-114 18-132 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE ZONE CHANGE FROM CENTRAL MIXED USE
DISTRICT (CMU) TO CENTRAL MIXED USE DISTRICT WITH
PLANNED DEVELOPMENT OVERLAY (CMU-PD); 566 N. MAIN
STREET
INITIATED BY: CITY OF OSHKOSH
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-32
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 30-32 of the Oshkosh Municipal Code pertaining to
Zoning Districts and the map therein described is hereby amended by changing the
district character of the described property located at 566 N. Main Street from Central
Mixed Use District (CMU) to Central Mixed Use District with Planned Development
Overlay (CMU-PD).
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
ALL OF LOT 7 AND ALL OF LOT 2 OF BLOCK A MERRITT'S 2ND ADDITION AND
THE NORTH 20.75 FEET OF LOT 3 BLOCK 88 OF LEACH'S MAP AND ALL OF LOT 8
AND ALL OF LOT 1 OF BLOCK A OF MERRIT'S 2ND ADDITION AND THE NORTH 62
FEET OF LOT 4 OF BLOCK 88 OF LEACH'S MAP PLUS PUBLIC RIGHT OF WAY
ADJACENT TO SAID LOT EXTENDING TO THE CENTERLINE OF MAIN STREET
AND JEFFERSON STREET ALL IN THE 4TH WARD, CITY OF OSHKOSH,
WINNEBAGO COUNTY, WISCONSIN.
FEBRUARY 27, 2018 MARCH 13, 2018 18-114 18-132 ORDINANCE
FIRST READING SECOND READING CONT'D
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #18-132 APPROVE ZONE CHANGE FROM CENTRAL MIXED USE
DISTRICT (CMU) TO CENTRAL MIXED USE DISTRICT WITH PLANNED
DEVELOPMENT OVERLAY (CMU-PD); 566 N. MAIN STREET on March 13, 2018. This
ordinance changes the zoning at 566 N. Main Street from Central Mixed Use District to
Central Mixed Use District with Planned Development Overlay. 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.
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: February 21, 2018
RE: Approve of the Zone Change from Central Mixed Use District (CMU) to Central
Mixed Use District with Planned Development Overlay (CMU-PD);566 N. Main
Street (PC recommends approval)
BACKGROUND
The subject area consists of one parcel, approximately 0.88 acres in size, located on the east side
of N. Main Street and south of W. Parkway Avenue. The subject area currently contains Fletch's
Local Tap House, an under construction outdoor patio and associated surface parking. The
surrounding area consists of a mix of one and two family residential to the east and commercial
uses to the north, west and south. The 10 and 20 Year Comprehensive Land Use Plans both
recommend mixed use for the subject area.
ANALYSIS
The proposed development consists of fence around a previously approved outdoor patio at
Fletch's Local Tap House. The applicant is requesting a base standard modification to be allowed
to exceed the maximum allowed 8' fence. The applicant wishes to install a 10' fence surrounding
the outdoor patio. The proposed fence height would have been allowed prior to the 2017 zoning
code update. The applicant states several reasons for requesting the taller fence. The applicant
believes the additional 2 feet of fence will help deter someone from attempting to throw glasses
or bottles over the fence and on to the adjacent property. The applicant believes the additional
height will also give patrons a better sense of enclosure within the patio area. Last, the applicant
believes the taller fence will help shield patron's views of the loading dock / storage area of the
building to the south. Staff is in support of a base standard modification to allow the 10' fence
for the applicant's stated reasons.
It is the staff's opinion however that the proposed front facade of the cedar fence is not
architecturally compatible with the design and materials of the principal building that is of
masonry construction. A base standard modification would need to be granted for the proposed
fence. Staff does not support a base standard modification for the design of the fence that
directly faces Main Street. The Plan Commission recommended a condition that the applicant
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
work with Community Development to come up with a design that is more architecturally
compatible with the design and materials of the principal building.
FISCAL IMPACT
No fiscal impact is anticipated other than potentially some nominal assessed value increase
resulting from construction of the new fence.
RECOMMENDATION
The Plan Commission recommended approval of the zone change at its February 20, 2018
meeting.
Submitted,
Darryn Burich
Director of Planning Services
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
ITEM: ZONE CHANGE FROM CENTRAL MIXED USE DISTRICT (CMU) TO
CENTRAL MIXED USE DISTRICT WITH PLANNED DEVELOPMENT
OVERLAY(CMU-PD) AND APPROVAL OF A GENERAL DEVELOPMENT
PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR PROPERTY
LOCATED AT 566 N. MAIN STREET
Plan Commission meeting of February 20, 2018.
GENERAL INFORMATION
Applicant / Property Owner: Jeremy West
Action(s) Requested:
The applicant requests a zone change from the existing Central Mixed Use District (CMU) to
Central Mixed Use District with a Planned Development Overlay (CMU -PD). The applicant also
requests approval of General Development Plan and Specific Implementation Plan to allow for
construction of a ten (10) foot high fence surrounding an outdoor patio.
Applicable Ordinance Provisions:
The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning
from one classification to another but relies on the Comprehensive Plan and good planning
principles. Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Type:
The subject area consists of one parcel, approximately 0.88 acres in size, located on the east side of
N. Main Street and south of W. Parkway Avenue. The subject area currently contains Fletch's
Local Tap House, an under construction outdoor patio and associated surface parking. The
surrounding area consists of a mix of one and two family residential to the east and commercial
uses to the north, west and south. The 10 and 20 Year Comprehensive Land Use Plans both
recommend mixed use for the subject area.
Subject Site
Existing Land Use
Zoning
Commercial
SMU-PD
Adjacent Land Use and Zoning
Existing Uses
Zoning
North
-------
Commercial Uses
------------------------------------------
CMU and TR -10 -PD
----------------------------
South
-------
Commercial and Multiple _Family Residential
CMU and TR -10 -PD
----------------------------
East
-------
Commercial and Multiple _Family Residential
---------------
TR -10 -PD
----------------------------
West
Commercial Uses
CMU
Comprehensive Plan Land Use Recommendation Land Use
10 Year & 20 Year Land Use Recommendation Mixed Use
ANALYSIS
Use
The proposed development consists of fence around a previously approved outdoor patio at
Fletch's Local Tap House. The applicant is requesting a base standard modification to be
allowed to exceed the maximum allowed 8' fence. The applicant wishes to install a 10' fence
surrounding the outdoor patio. The proposed fence height would have been allowed prior to the
2017 zoning code update. The applicant states several reasons for requesting the taller fence. The
applicant believes the additional 2 feet of fence will help deter someone from attempting to throw
glasses or bottles over the fence and on to the adjacent property. The applicant believes the
additional height will also give patrons a better sense of enclosure within the patio area. Last, the
applicant believes the taller fence will help shield patron's views of the loading dock / storage
area of the building to the south. Staff is in support of a base standard modification to allow the
10' fence.
Site Design/Access
The applicant was previously approved to construct an outdoor patio space. The additional site
design change at this time is to construct a 10' fence surrounding the outdoor patio. The
proposed fence would have a customer entrance off of N. Main Street. No change would be made
the existing building or parking area.
Storm Water Management/Utilities
No Storm water management plans have been provided for this project as it only relates to fence
height. Staff does want to remind the applicant of a previous comment made by the Department
of Public Works regarding the outdoor patio / fence:
"The fence shall be constructed with a gap between the bottom and existing pavement such that
existing surface water drainage is allowed to freely flow to the catch basin"
Landscaping
The applicant has provided a rendering of the project, which indicates landscaping planters in
front of the fence. The applicant has also discussed using hanging baskets and other landscaping
treatments inside the fence. The zoning ordinance would not require any landscaping, but staff
would suggest the final landscaping plan be approved by the Department of Community
Development.
Signage
The petitioner's plans included an approximate 4' x 2' sign above the entrance. The size of the
proposed sign would be in compliance with the zoning ordinance. It is the staff's opinion that the
placement of the sign above the entrance gives the effect of the 10' fence wrapping around and
into the front yard. The applicant has stated they only want the 10' fence heights on the sides and
ITEM. Rezone, GDP/SIP 566 N. Main
rear. Staff recommends the sign be attach / integrated into front fence fagade and not placed on
top of the fence.
FPnrP FaradPs
The petitioner is proposing to construct an 8' fence along the front of the outdoor patio and a 10'
around the remaining sections of the outdoor patio. The first 8' of the fence appear to be a cedar
style plank fence. On top of that the applicant is proposing 2' of cedar lattice. Staff is in support
of abase standard modification to allow a 10' fence.
Section 30-192(E)(2)(c) of the zoning ordinance states —
(a) Fences shall be architecturally compatible with the design and materials of the principal
building. Design details shall be substantially the same (but need not be identical) as
those of the principal building. Industrial uses shall be exempt from this requirement.
It is the staff's opinion that proposed cedar fence is not architecturally compatible with the design
and materials of the principal building. A base standard modification would need to be granted
for the proposed fence. Staff does not support a base standard modification for the design of the
fence. Staff recommends the applicant work with staff and the Plan Commission to come up with
a design that is architecturally compatible with the design and materials of the principal building.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends the Plan Commission make the following findings based
on the criteria established by Chapter 30-387 (C)(6):
(a) The proposed Planned Development project is consistent with the overall purpose and
intent of this Chapter.
(b) The proposed Planned Development project is consistent with the City's
Comprehensive Plan and other area plans. (It is the responsibility of the City to determine
such consistency.)
(c) The proposed Planned Development project would maintain the desired relationships
between land uses, land use densities and intensities, and land use impacts in the environs
of the subject site.
(d) Adequate public infrastructure is or will be available to accommodate the range of
uses being proposed for the Planned Development project, including but not limited to
public sewer and water and public roads.
(e) The proposed Planned Development project will incorporate appropriate and adequate
buffers and transitions between areas of different land uses and development
densities/intensities.
(f) The proposed Planned Development project design does not detract from areas of
natural beauty surrounding the site.
(g) The proposed architecture and character of the proposed Planned Development project
is compatible with adjacent/nearby development.
ITEM. Rezone, GDP/SIP 566 N. Main
(h) The proposed Planned Development project will positively contribute to and not
detract from the physical appearance and functional arrangement of development in the
area.
(i) The proposed Planned Development project will produce significant benefits in terms
of environmental design and significant alternative approaches to addressing
development performance that relate to and more than compensate for any requested
exceptions/base standard modifications variation of any standard or regulation of this
Chapter.
(j) For Planned Development projects that are proposed to be developed in phases, the
applicant can provide a timeline for development and can demonstrate that the project
would be successful even if all phases were not or could not be completed.
Staff recommends approval of the zone change request and approval of the General Development
Plan and Specific Implementation Plan, the findings listed above and the proposed following
conditions:
Final landscaping plan approval by the Department of Community Development.
Sign shall be attached / integrated into front fence fagade and not placed on top of the
fence.
3. Base standard modification to allow a 10' fence in the side and rear.
4. Plan Commission to approve final fence design that is architecturally compatible with the
design and materials of the principal building.
5. Full removal existing driveway and replace curb and gutter to City of Oshkosh standards.
The Plan Commission approved of the zone change request and approval of the General
Development Plan and Specific Implementation Plan as requested with conditions noted. The
following is the Plan Commission's discussion on this item.
Mr. Lyons presented the item and reviewed the site and surrounding area consisting of one and two
family residential to the east and commercial uses to the north, west and south. The proposed
development consists of a fence around a previously approved outdoor patio at Fletch's Local Tap
House. The applicant is requesting a base standard modification to exceed the maximum allowed 8'
fence and install a 10' fence surrounding the outdoor patio. Mr. Lyons reviewed the landscaping,
proposed signage and fence facades. The cedar fence is not architecturally compatible with the design
and materials of the principal building and a base standard modification would need to be granted for
the proposed fence.
Staff recommends approval of the zone change request and approval of the General Development
Plan and Specific Implementation Plan, the findings listed above and the proposed following
conditions:
ITEM. Rezone, GDP/SIP 566 N. Main
1. Final landscaping plan approval by the Department of Community Development.
2. Sign shall be attached / integrated into front fence fagade and not placed on top of the fence.
3. Base standard modification to allow a 10' fence in the side and rear.
4. Plan Commission to approve final fence design that is architecturally compatible with the
design and materials of the principal building.
5. Full removal of existing driveway and replace curb and gutter to City of Oshkosh standards.
Mr. Lyons noted Peabody's Ale House, a nearby bar with outdoor patio, is an example of a fence not
compatible with the design and materials of the principal building. It was approved prior to the
existing code which did not require the fence materials to be compatible with the building.
Jeremy West, owner of 566 N. Main St. stated he was willing to integrate the proposed signage into the
fence. He questioned why the condition was needed for removal of the existing driveway and
replacing it with curb and gutter.
Mr. Gohde stated code requires that once a driveway is closed, it is no longer considered a vehicular
access point. It would need to be closed off to restrict access to the area where there is no longer legal
parking. He stated in order to receive a permit for the fence, the driveway would need to be closed.
Mr. West stated the fence height on the Main Street side may be shorter than 8 feet and discussed
matching materials to the building on the Main Street fence side.
Mr. Burich stated if Plan Commission approves the fence as proposed, a base standard modification
would need to be added to the conditions to allow the fence materials to differ from the principal
building materials. He stated this patio in particular, as some extenuating circumstances because the
patio is enclosed on three sides by a fence. Other patios in the area are enclosed by buildings on at
least two sides. Staff's main concern is the front fagade of the fence.
Mr. Fojtik inquired if Plan Commission would approved the request as proposed, would the applicant
use fence materials that are compatible with the building.
Mr. West stated he was unsure and would like to get started on the project as soon as possible.
Mr. Kiefer inquired if the front fagade could be separate from the east and south fence facades.
Mr. Burich stated separating out the fence facades would be allowed. He stated staff's main concern
was the interaction at the front and the south and east side of the fence were not as much of a concern
from a materials stand point. It would be impractical to put in 90 feet of wrought iron and concrete
fence and a large investment for the applicant.
Mr. Ford stated he was in favor of having the front fence fagade compatible with the building
materials. He inquired if the condition for removing the existing driveway was needed or if staff
would work with the applicant.
Mr. Burich stated the condition was not needed on the planned development and can be handled by
staff.
ITEM. Rezone, GDP/SIP 566 N. Main
Mr. Borsuk stated if the driveway removal needs to be done, this would be the opportunity to include
the condition as part of the development of the property.
Mr. West inquired if the Plan Commission would consider giving him two years to complete
removing the driveway. Two years would give him time to recoup some of his investment.
Mr. Mott inquired why the applicant proposed an 8 foot fence on the front fagade.
Mr. West responded the fence is to control people going in and out of the patio. He stated he may
shorten the fence to 7 feet and have approximately two inch gaps between the boards so the patio is
visible from Main Street. The proposed 10 foot fence on the south and west sides would prevent
people from climbing over the fence.
Plan Commission came to the consensus to amend the following conditions and add a base standard
modification:
4. Department of Community Development to approve final west side fence design that is
architecturally compatible with the design and materials of the principal building.
5. Full removal of existing driveway and replace curb and gutter to City of Oshkosh standards
within 2 years.
6. Base standard modification for south and east fence materials as proposed.
Motion by Kiefer to approve the Zone Change From Central Mixed Use District (CMU) To Central Mixed
Use District With Planned Development Overlay(CMU-PD) And Approval Of A General Development
Plan And Specific Implementation Plan For Property Located At 566 N. Main Street
1) Final landscaping plan approval by the Department of Community Development.
2) Sign shall be attached / integrated into front fence fagade and not placed on top of the fence.
3) Base standard modification to allow a 10' fence in the side and rear.
4) Department of Community Development approve final west side fence design that is architecturally
compatible with the design and materials of the principal building.
5) Full removal of existing driveway and replace curb and gutter to City of Oshkosh standards within 2
years.
6) Base standard modification for south and east fence materials as proposed.
Seconded by Perry. Motion carried 6-0.
ITEM. Rezone, GDP/SIP 566 N. Main
SUBMIT TO:
City of Oshkosh Dept. of Community Development
City 215 Church Ave., P.O. Box 1 130
o= Planned Devshkosh, W1 54901
elopment Application POH
Oshkosh Planned (920) 236-5659
For General Development Plan or Specific Implementation Plan
APPLICANT INFORMATION
Petitioner:
t AJ
*PLEASE TYPE OR PRINT USING BLACK INK**
Petitioner's Address:bb
?/) , A e" � �� City:
Telephone # {��) ��� 7-� Fax: [ ]
Date: (/.? -17
S��ksbt State: Zip: +'
Other Contact # or Email: �F , 1 �. �a
Status of Petitioner (Please Check): XI Owner ❑ Representative i Tenant 1 :: Prospective Buyer `
Petitioner's Signature (required): 11.4 Date: f /` *� t7/
OWNER INFORMATION (-7
Owner(s): �y f 1•y (/a l 5 r Date://—,? 7
Owner(s) Address: 5� 7 D ,,1 INi.G�i✓t City:
Telephone #: [ ) 7 5 Fax: ( ]
State:��Zip: 5 ? D/
Other Contact # or Email: a),S
Ownership Status (Please Check): (I,ndividual r_ crust _ Partnership C! Corporation
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City otficials and/or employees may, in the performance of their functions, enter
upon the property to inspect or gather other information necessary to process this application. I also understand that all
meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other
administrative reasons. / �?
Property Owner's Signature: �� Date: 'r ( r
TYPE OF REQUEST:
• General Development Plan [GDP) ❑ General Development Plan (GDP) Amendment
• Specific Implementation Plan (SIP) 0 Specific Implementation Plan {SIP) Amendment
SITE INFORMATION
Address/Location of Proposed Project: (O /J • &k C. -;,l 3 � _+10
Proposed Project Type: '( Q "-Lo A R ` �a cJ ► x- C�Vo V_ °0 V- cm U - � � � -'
U
Current Use of Property: P—etv'r AV, 114 f _ ning: G
Land Uses Surrounding Your Site: North:
South:
East:
West:
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➢ It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal.
r Application fees are due at time of submittal. Make check payable to City of Oshkosh.
)> Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE
For more information please visit the City's website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm
Staff �A�— Date Rec'd
Page 5
Specific treatment and location of recreational and open space areas, including designation of
any such areas to be classified as common open space.
❑ Proposed grading plan.
a Specific landscaping plan for the subject site, specifying the location, species, and installation size of
plantings. The landscaping plans shall include a table summarizing all proposed species.
❑ Architectural plans for any nonresidential buildings, multi -family structures, or building clusters, other than
conventional single-family or two-family homes on individual lots, in sufficient detail to indicate the floor
area, bulk, and visual character of such buildings.
❑ Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas, and
walkways.
❑ Signage plan for the project, including all project identification signs, concepts for public fixtures and signs,
and group development signage themes that may or may not vary from City standards or common
practices.
❑ Specific written description of the proposed SIP including:
• Specific project themes and images.
• Specific mix of dwelling unit types and/or land uses.
• Specific residential densities and nonresidential intensities as described by dwelling units per acre,
and landscaping surface area ratio and/or other appropriate measures of density and intensity.
• Specific treatment of natural features, including parkland.
• Specific relationship to nearby properties and public streets.
• Statistical data on minimum lot sizes in the development, the precise areas of all development lots
and pads; density/intensity of various parts of the development; building coverage, and
landscaping surface area ratio of all land uses: proposed staging; and any other plans required by
Plan Commission.
• A statement of rationale as to why PD zoning is proposed. This statement shall list the standard
zoning requirements that, in the applicant's opinion, would inhibit the development project and the
opportunities for community betterment that are available through the proposed PD project.
• A complete list of zoning standards that would not be met by the proposed SIP and the location(s)
in which such exceptions/base standard modifications would occur.
• Phasing schedule, if more than one development phase is intended.
❑ Agreements, bylaws, covenants, and other documents relative to the operational regulations of the
development and particularly providing for the permanent preservation and maintenance of common
open areas and amenities.
❑ A written description that demonstrates how the SIP is consistent with the approved GDP and any and all
differences between the requirements of the approved GDP and the proposed SIP.
I hereby certify that to the best of my knowledge all required application materials are included with this
application. I am aware that failure to submit the required completed application materials may result in denial or
delay of the application request. /�
Applicant's Signature (required):
Date: 1 /r a' �
Page 6
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REZONE.GDP.SIP 576 578 582 N MAIN STREET LLC ABEL PROPERTIES LLC
566 N MAIN ST 4471 DEAN MAR'T'IN DR UNIT 3801 1402 W SOUTH PARK AVE
PC: 02-20-18 LAS VEGAS NV 89103-4230 OSHKOSH WI 54902-6677
ALFRED JIBONNIE M/JEFFREY J VERNER
1102 N UNION ST
APPLETON WI 54911-4850
FOX RIVER DEVELOPMENT CO LLC
404 N MAIN ST 104
OSHKOSH WI 54901-4982
JEFFREY O KROHN
527 MOUNT VERNON ST
OSHKOSH WI 54901-4917
SPARK INVESTMENTS LLC
103 HIGH AVE
OSHKOSH WI 54901-4808
D & M RENTALS LLC
55 KNAPP ST
OSHKOSH WI 54902-3448
GENE R WALKER
568 JEFFERSON ST
OSHKOSH WI 54901-4923
JRD INVESTMENTS LLC
571 N MAIN ST
OSHKOSH WI 54901-4908
WAYNE R LAGER
434 BOYD ST
OSHKOSH WI 54901-5136
DAVID D PETERSON
1217 WINNEBAGO AVE
OSHKOSH WI 54901-5332
J WEST RENTALS LLC
570 N MAIN ST
OSHKOSH WI 54901-4925
R & M ENTERPRISES
527 MOUNT VERNON ST
OSHKOSH WI 54901-4917
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