HomeMy WebLinkAbout23. 18-534 OCTOBER 9, 2018 OCTOBER 23, 2018 18-511 18-534 ORDINANCE
FIRST READING SECOND READING
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE ZONE CHANGE FROM SUBURBAN MIXED USE
DISTRICT (SMU) TO NEIGHBORHOOD MIXED USE DISTRICT
WITH A PLANNED DEVELOPMENT OVERLAY (NMU-PD) AT
3485 LAKE BUTTE DES MORTS DRIVE
INITIATED BY: AAORE, LLC
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 in the attached "EXHIBIT A" from Suburban
Mixed Use District (SMU) to Neighborhood Mixed Use District with a Planned
Development Overlay (NMU-PD).
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #18-534 APPROVE ZONE CHANGE FROM SUBURBAN MIXED
USE DISTRICT (SMU) TO NEIGHBORHOOD MIXED USE DISTRICT WITH A
PLANNED DEVELOPMENT OVERLAY (NMU-PD) AT 3485 LAKE BUTTE DES
MORTS DRIVE on October 23, 2018. This ordinance changes the zoning at 3485 Lake
Butte Des Morts Drive from Suburban Mixed Uses (SMU) to Neighborhood Mixed Use
with a Planned Development (NMU-PD). The full text of the Ordinance may be obtained
at the Office of the City Clerk, 215 Church Ave. and on the City's website at
www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011.
EXHIBIT A
3485 LAKE BUTTE DES MORTS DRIVE
PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4, PART OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4, PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND PART
OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF THE NORTHEAST
1/4 OF THE SOUTHWEST 1/4, ALL IN FRACTIONAL SECTION 3, TOWNSHIP 18
NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY,
WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE SOUTH 1/4 CORNER OF SECTION 34, TOWNSHIP 19
NORTH,RANGE 16 EAST; THENCE S89°26'20"W, 1,465.51 FEET ALONG THE SOUTH
LINE OF SAID SECTION 19 TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF
LAKE BUTTE DES MORTS DRIVE; THENCE S06°18'43"E, 33.16 FEET ALONG SAID
RIGHT-OF-WAY TO THE POINT OF BEGINNING; THENCE CONTINUING
S06018'43"E, 73.71 FEET ALONG SAID RIGHT-OF-WAY; THENCE S16011'29"E, 732.95
FEET ALONG SAID RIGHT-OF-WAY; THENCE S10006'17"E, 364.22 FEET ALONG
SAID RIGHT-OF-WAY TO THE BEGINNING OF A 2,336.83 FOOT RADIUS CURVE TO
THE LEFT; THENCE 167.53 FEET ALONG SAID RIGHT-OF-WAY AND CURVE WITH
A CHORD BEARING S1200929.5"E, 167.49 FEET TO THE BEGINNING OF A 2,336.83
FOOT RADIUS CURVE TO THE LEFT; THENCE 117.17 FEET ALONG SAID RIGHT-
OF-WAY AND CURVE WITH A CHORD BEARING S1503855.0"E, 117.16 FEET;
THENCE S1402945"E, 553.43 FEET ALONG SAID RIGHT-OF-WAY; THENCE
S15021'37"E, 147.34 FEET ALONG SAID RIGHT-OF-WAY TO THE BEGINNING OF A
758.51 FOOT RADIUS CURVE TO THE RIGHT; THENCE 402.67 FEET ALONG SAID
CURVE RIGHT-OF-WAY AND CURVE WITH A CHORD BEARING S09019'08.0"W,
397.96 FEET; THENCE S2904841"W, 257.68 FEET ALONG SAID RIGHT-OF-WAY TO
THE BEGINNING OF A 1,064.93 FOOT CURVE TO THE LEFT; THENCE 30.03 FEET
ALONG SAID RIGHT-OF-WAY AND CURVE WITH A CHORD BEARING
S27026'49.5"W,30.03 FEET; THENCE S8105943W,485.02 FEET; THENCE N26057'12"W,
2,189.31 FEET TO A POINT ON THE WEST LINE OF SECTION 3, TOWNSHIP 18
NORTH, RANGE 16 EAST; THENCE N01015'19"W, 837.80 FEET ALONG SAID WEST
LINE; THENCE N89026'20"E, 1.176.61 FEET TO THE POINT OF BEGINNING.
SAID AREA CONTAINS 3,890,186 SQUARE FEET OR 89.306 ACRES, MORE OR LESS
INCLUDING ALL OF ADJACENT RIGHT-OF-WAY OF LAKE BUTTE DES MORTS
DRIVE AND WEST 1/2 OF RIGHT-OF-WAY OF U.S. HIGHWAY 45, EAST OF
DESCRIBED AREA.
-1
City of Oshkosh maps and data are intended to be used for general identification purposes only, and
the City of Oshkosh assumes no liability for the accuracy of the information. Those using the
information are responsible for verifying accuracy. For full disclaimer please go to
www.ci.oshkosh.wi.usIGISdisclaimer
JAGISRanninq\Plan Commission Site Plan Mao TemolateTlan Commission Site Plan Mao Temdafe.mxd
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Printing Date: 9/2512018 bfi
Prepared by: City of Oshkosh, WI Osh Nki 0.) Sz. hII
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TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: October 3, 2018
RE: Approve Zone Change from Suburban Mixed Use District (SMU) to
Neighborhood Mixed Use District with a Planned Development Overlay (NMU-
PD) at 3485 Lake Butte des Morts Drive (Plan Commission Recommends
Approval)
BACKGROUND
The subject area is currently zoned Suburban Mixed Use (SMU) and consists of three parcels
encompassing approximately 72.5 acres, located on the west side of Lake Butte Des Morts Drive
and south of W. Snell Road. The subject area consist of farm land, single family residence and
signification portions of wetland / flood plain. The 10 and 20 Year Comprehensive Land Use
Plans both recommend commercial use for the subject area.
ANALYSIS
The petitioner is proposing to develop the existing vacant commercial parcel into a private
school campus. The facility would be an Acton Academy franchise, as a multi-age 4k-12 school
segmented into approximately four multi-age groups including early elementary, elementary,
middle and high school. Each group would consist of approximately 30-40 students. The
campus type setting would include approximately five 3,000 sq. ft. buildings. The intended
school use is classified as an Indoor Institutional Use, therefore, requires a Base Standard
Modification (BSM) within the Neighborhood Mixed Use District (NMU). Staff is in support of
the NMU and associated BSM to allow indoor institutional. The proposed development is in
the very early stages and these actions would allow the petitioner to move forward with the
purchase of the property. The proposed use would only occupy a small portion of the site. The
flexibility of the NMU district and BSM to allow indoor institutional use will allow the applicant
and city to work together as the project further develops, as well as possible other developments
on the site in the future.
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
FISCAL IMPACT
Sewer and water will likely have to be extended to service the subject site which would be done
at the developer's cost through development agreement with the city.
RECOMMENDATION
The Plan Commission recommended approval of the zone change at its October 2, 2018 meeting.
Resp.ectfully 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 SUBURBAN MIXED USE DISTRICT (SMU) TO
NEIGHBORHOOD MIXED USE DISTRICT WITH A PLANNED
DEVELOPMENT OVERLAY (NMU-PD) AND GENERAL DEVELOPMENT
PLAN APPROVAL FOR A SCHOOL LOCATED AT 3485 LAKE BUTTE DES
MORTS DRIVE
Plan Commission meeting of October 2, 2018.
GENERAL INFORMATION
Applicant:
Property Owner:
Action(s) Requested:
Aaore LLC
Martha W. Moore Trust
The applicant requests a zone change from the existing Suburban Mixed Use District (SMU) to
Neighborhood Mixed Use District with a Planned Development Overlay (NMU-PD) and
approval for a General Development Plan for 3485 Lake Butte Des Morts Drive.
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 is currently zoned Suburban Mixed Use (SMU) and consists of three parcels
encompassing approximately 72.5 acres, located on the west side of Lake Butte Des Morts Drive
and south of W. Snell Road. The subject area consist of farm land, single family residence and
signification portions of wetland / flood plain. The surrounding area consists of commercial uses
and undeveloped uses. The 10 and 20 Year Comprehensive Land Use Plans both recommend
commercial use for the subject area.
Subiect Site
Existing'Land Use
Zoning
Vacant land
SMU
Adjacent Land Use and Zoning
Existing Uses Zonin
North Vacant Land ( SR -5
. _ -------.............._.._......_......_..................-- _ _ _ _ -
South Lake Butte Des Morts Drive and High 45
East Lake Butte Des Morts Drive and High 45
_...............__..._...._..._..._..._._....._..._...__........_............_..._......_.__......._.__......._.............-- — --
West Lake Butte Des Morts
Comprehensive Plan Land Use Recommendation Land Use
10 Year & 20 Year Land Use Recommendation Commercial
ANALYSIS
Use
The petitioner is proposing to develop the existing vacant commercial parcel into school. The
facility would be an Acton Academy, as a multi-age 4k-12 school segmented into approximately
four multi-age groups including early elementary, elementary, middle and high school. Each
group would consist of approximately 30-40 students. The campus type setting would include
approximately five 3,000 sq. ft. buildings. Each age group would occupy one building with an
additional building for art/mixed use. The building would be 1 to 2 story and designed primarily
as open class room space. The intended school use is classified as an Indoor Institutional Use,
therefore, requires a Base Standard Modification (BSM) within the Neighborhood Mixed Use
District (NMU). Staff is in support of the NMU and associated BSM to allow indoor institutional.
The proposed development is in the very early stages and these actions would allow the
petitioner to move forward with the purchase of the property. The proposed use would only
occupy a small portion of the site and staff feels the flexibility of the NMU district and BSM to
allow indoor institutional use will allow the applicant and city to work together as the project
further develops, as well as possible other developments on the site in the future. At this time
the applicant is providing only a generalized concept plan in order to establish the allowed use,
which would permit the sale of the property to move forward. As the proposed use requires a
BSM, staff will be evaluating the proposed plan during the Specific Implementation Plan process
for opportunities to enhance the project as justification for issuance of a BSM.
Site Design/Access
The conceptual site plan proposes five approximately 3,000 sq. ft. 1- 2 story buildings designed to
fit around a u -shape drive and between several environmental areas. The concept plan indicates
approximately 40 parking spaces. The proposed development is approximately 98% greenspace
and 2% impervious.
Storm Water Management/Utilities
No storm water management plans have been provided at this time. Finalized storm water
management plans will be required as part of the Specific Implementation Plan and Site Plan
Review process.
Landscaping
No landscaping plans have been provided at this time. Finalized landscaping plan will be
required as part of the Specific Implementation Plan and Site Plan Review process.
Signage & Building Facades
ITEM- RersoneGDP 3485 Lake Butte Des Morts Dr
No signage plan or fagade drawings have been provided at this time. Final signage and building
facade approval will be required as part of the Specific Implementation Plan.
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.
(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 rezone and General Development Plan with the findings listed
above and the proposed following conditions:
1. Base Standard Modification to allow indoor institutional uses for a school.
The Plan Commission approved of the zone change and General Development Plan as requested
with conditions noted. The following is the Plan Commission's discussion on this item.
ITEM- RersoneGDP 3485 Lake Butte Des Alorts Dr 3
Mr. Lyons presented the item and reviewed the site and surrounding. The petitioner is proposing
to develop the existing vacant commercial parcel into a school. The facility would be an Acton
Academy, as a multi-age 4k-12 school segmented into approximately four multi-age groups
including early elementary, elementary, middle and high school. The campus type setting would
include five approximately 3,000 sq. ft. 1- 2 story buildings designed to fit around a u -shape drive
and between several environmental areas. The intended school use is classified as an Indoor
Institutional Use, therefore, requires a Base Standard Modification (BSM) within the
Neighborhood Mixed Use District (NMU). Staff is in support of the NMU and associated BSM to
allow indoor institutional. The proposed development is in the very early stages and these
actions would allow the petitioner to move forward with the purchase of the property. The
proposed use would only occupy a small portion of the site as well as possible other
developments in the future.
Mr. Borsuk asked how much of the area would be buildable or not buildable.
Mr. Lyons explained and showed where the wetlands were located on the property.
Mr. Borsuk asked if Mr. Lyons knew what the net area that is left for buildable area after the
school is built.
Mr. Lyons replied he does not.
Mr. Borsuk asked if there were plans for the remaining area.
Mr. Lyons replied the applicant does not have any plans besides the school.
Mr. Perry said the property has been on sale for a very long time.
Mr. Lyons concurred. He added that the property has some access challenges as a commercial
property.
Ben Ganther, 6030 County Road A, pointed out that there is less buildable than the aerial photo is
showing. He explained the south end of the property has a gas line with an easement, therefore,
it is not buildable. Mr. Ganther stated there is less than 20 acres of buildable area out of 72 acres.
He added that besides the area where the school would be located, the only other buildable area
is the area to the north of the property. Mr. Ganther reiterated the proposed school is all that is
planned for the area at this point and the approval from Plan Commission will allow the
purchase of the property.
Mr. Borsuk asked if the buildings would be 50x60 feet.
Mr. Ganther replied they would be. He explained the buildings are part of the Acton school
program and it is a Socratic method of teaching
ITEM- Rerso»eGDP 3485 Lake Butte Des Morts Dr
Mr. Borsuk asked if the building were going to be real buildings or trailers.
Mr. Ganther replied they would be real buildings with foundations. He said the buildings could
potentially be two stories but the plans are not yet finalized.
Mr. Borsuk asked for future meetings, if Mr. Ganther could show examples of similar campuses.
Mr. Ganther replied layouts of other campuses could be found on the internet and he would be
willing to bring images of other campuses during the Specific Implementation Plan.
Ms. Propp questioned how much buildable land was left over after Acton Academy is built.
Mr. Ganther responded eight to 10 acres but he was not sure yet. He added that they have not
started any design plans yet. He said they are trying to show what the initial use is in order to
purchase the property.
Charles Williams, 1416 Menominee Drive, explained background information on the previous
owners. Ms. Moore was and English teacher and Mr. Moore was an attorney. They used the
property as farmland. He said the property has been on sale since the passing of Mr. Moore in
2003. He said the site does have some challenges but it is a beautiful site and would be a great
location for a school. Mr. Williams stated he is confident the buyer will do a great job. The
approval from the Plan Commission will allow to sale of the property.
Mr. Borsuk stated he did not have issues with the school but had issues with the zoning. He is
concerned because he does not know what the vision is for the rest of the property. He also has a
hard time imagining what the buildings and campus would like look without any examples.
Mr. Lyons stated there are other uses for Institutional. He said the purpose of the Planned
Development is to allow Plan Commission to review, approve and modify the final site as
needed.
Mr. Borsuk asked what other uses are allowed in Institutional.
Mr. Lyons replied office related uses.
Mr. Burich reiterated the purpose of the Planned Development.
Mr. Borsuk stated he is still concerned with the flexibility of the zoning because he is not sure
what could be developed at the site in the future.
Carey Sharpe, 5736 I Ah May Tah Road, explained the property will only be used as a school as
long as she is involved. She has no other plans for the rest of the property.
Mr. Burich asked if Ms. Sharpe had any idea of what the appearance of the buildings would look
like.
ITEM- RersoneGDP 3485 Lake Butte Des k torts Dr
Ms. Sharpe replied she does not yet because they have been very busy focusing on The Howard.
She stated they just renovated The Howard and though it is not a similar project, she plans on
doing the same high quality product on the school as she did on The Howard.
Mr. Borsuk asked if staff had any issues if the property was only zoned as Institutional.
Mr. Lyons replied from a zoning standpoint, staff would have to do a Comprehensive Plan
Amendment. He said if it was zoned Institutional, the applicant would still have to request for a
Conditional Use Permit. He explained why staff chose the NMU with the PD and the Base
Standard Modification over other routes.
Mr. Borsuk asked what the Comprehensive Plan recommends for the property.
Mr. Lyons answered that it calls for commercial.
Mr. Burich explained staff chose this route because it would accommodate both the zoning code
and Comprehensive Plan. He stated this route also allows Plan Commission and staff to review
the site and details at a later phase in the development.
Mr. Perry stated he lives in the area. He said the location of the school is the highest point on the
property and it would be difficult to build on the north end. He said he would be fine with the
north end being left as is since it is where the nature is. He believes the layout of the proposed
plan is the best option.
Motion by Ford to approve a zone change from Suburban Mixed Use district (SMU) to Neighborhood
Mixed Use district with a Planned Development overlay (NMU-PD) and general development plan
approval for a school located at 3485 Lake Butte des Morts Drive with the following conditions:
1. Base Standard Modification to allow indoor institutional uses for a school.
Seconded by Cummings. Motion carried 6-0.
ITEM- RersoneGDP 3485 Lake Butte Des Morts Dr
SUBMITTO:
City of Oshkosh Dept. of Community Development
city f 215 Church Ave., P.O. Box 1 130
[/ (, Planned Development Application Oshkosh, WI 54901
Oshkosh PHONE: (920) 236-5059
For General Development Plan or Specific Implementation Plan
"PLEASE TYPE OR PRINT USING BLACK INKk*
APPLICANT INFORMATION
Petitioner: AAORE LLC
Date: 8/20/2018
Petitioner's Address:lIr f `city: State: W Zip: �
Telephone #: P� % ) -W 3 1 g01C Fax: (
Other Contact # or Email:
Status of Petitioner (Please Check): E Owner _ Representative Tenant X Prospective Buyer
Petitioner's Signature (required): -- Date: p�-zlt /1,
OWNER INFORMATION
Owner(s): Martha W. Moore Trust (c/o Charles E. Williams, Attorney)
Owner(s) Address: P.O. Box 1336
Telephone #: ( 920) 233-2500
Fax: ( 920) 233-5252
City: Oshkosh
Date: 8/20/2018
State: WI Zip: 54903
Other Contact # or Email: eharles@oshlaw, net
Ownership Status (Please Check): E Individual -XTrust 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 maybe postponed by th Planning Services Division for incomplete submissions or other
administrative reasons. -5 �
Property Owner's Signature: (, .( it L 1__y1^V _k_1' `'r O r a s -f c° Date: i ZO O'
TYPE OF REQUEST:
® General Development Plan (GDP)
❑ Specific Implementation Plan (SIP)
SITE INFORMATION
❑ General Development Plan (GDP) Amendment
❑ Specific Implementation Plan (SIP) Amendment
Address/Location of Proposed Project: 3485 Lake Butte des Morts Dr. and associated vacant parcels
Proposed Project Type: School
Residence riculture SMU to be rezoned to NMU-PD
Current Use of Property: g Zoning:
Land Uses Surrounding Your Site: North: SR -5 -(Also Town of Oshkosh owned by landowner)
South: Town of Oshkosh (Residential/Highway)
East: Highway 45 (UI-PD/Town of Oshkosh opposite highway)
West: Town of Oshkosh (Rec. Trail/Residential)
➢ It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal.
Y 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.cl.oshkosh.wi.us/Community_Development/Planning.htm
Staff Date Recd
Page 4
Specific treatment and location of recreational and open space areas, including designation of
any such areas to be classified as common open space.
C1 Proposed grading plan.
❑ 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.
Applicants Signature (required): _ Date; ti
Page 5
C& City of Oshkosh Application SUBMIT TO:
CihyDept. of Community Development
of Zoning Map Amendment (Rezoning) 215 Church Ave., P.O. Box 1130
Oshkosh Oshkosh, Wisconsin 54903-1130
PHONE: (920) 236-5059
**PLEASE TYPE OR PRINT USING BLACK INK"*
APPLICANT INFORMATION
Petitioner: AAORE LLC p 7 i't Date: 8/20/�2j0�j18
Petitioner's Address: F_� 5` Tt t ul TV d'- city: M 02) �1-) Stater Zip:
Telephone #: f (��) 0 t ' %� Fax: ( ) Other Contact # or Email:
Status of Petitioner (Please Check): = wner Representative .J Tenant TXProspective Buyer ??
Petitioner's Signature (required): — Date:) 3, 3
OWNER INFORMATION
Owner(s):Martha W. Moore Trust (c/o Charles E. Williams, Attorne)%te: 8/20/2018
Owner(s) Address: P.O. Box 1336
City: Oshkosh
State: WI Zip: 54903
Telephone #: (92q 2332500 Fax: ( 920) 233-5252 Other Contact # or Email: charles@oshlaw. net
Ownership Status (Please Check): :.1 Individual XTrust 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 dotes are tentative
and may be postponed by the Planning Services Division to complete submissions or other administrative reasons.
Property Owner's Signature; / e r / / e zs f^ S4 -,,es Date: Z J z v (Ga
Address/Location of Rezoning Request: 3485 Lake Butte Des Morts Drive and associated vacant parcels
Tax Parcel Number(s): 1276150000, 1276200000, 1276300000, 1276250000, 1276100000
Rezone property from: SMU
to NMU-PD
_ Purpose for Rezoning:_ Request is to rezone to allow for future school use.
Describe existing property development and land use: Residence and agricltural
Describe proposed development and/or proposed land use: School
Proposed time schedule for development and/or use of the property:
Potential development to start late 2019 or 2020
Zoning Adjacent to the Site; North: SR -5 (Town of Oshkosh parcel owned by landowner)
South: Town of Oshkosh (Residential and highway)
East:
West:
Highway 45 (UI -PD and Town of Oshkosh east of HWY 45)
Town of Oshkosh/Lake Butte Des Morts (Rec. Trail and Residential)
Staff 4t- Date Rec'd
Page 6
T. 920.426.4774 1 F: 920.426.4788 1 4825 County Road A, Oshkosh, WI 54901 1 Ganther.com
August 20, 2018
Dept. of Community Development
Attn: Mark Lyons
215 Church Street
Oshkosh, WI 54901
RE: Acton Academy -lake Butte Des Morts Drive
Rezoning and General Development Plan narrative.
This rezoning request is to change the use of the proposed property from SMU to NMU-PD to allow
for the future development of a school.
The proposed school would be based on the Acton Academy, as a multi-age 4K-12 school segmented
into four multi-age groups including early elementary, elementary, middle and high school. Each
age group would consist of 30-40 students, with a total of 120-160 students on the campus.
Learning is individualized and project based.
The campus would consist of five, approximately 3,000 square foot buildings. Each building would
serve an individual age group, with an additional building as an art/mixed use building. The
buildings would be 1 to 2 story buildings designed primarily as open classroom space.
The existing site includes a single-family residence, but is primarily farmland and wetland. The
proposed building site will have minimal impact on the wetlands. The proposed project is also very
low in density. The site is 3,158,250 sf (72.503 acres). Greenspace as currently designed will be
3,094,647 sf (98% of site) with 63,603 sf impervious (2% of site). Much of the site is in wetlands and
underwater, therefore the amount of green space will remain high even if any future development
were to take place. Approximately 20 acres is above the 100 -year flood and not within the
wetlands.
The site is situated between Lake Butte Des Morts and Highway 45 with a small residential area to
the south and the slough to the north. The traffic on Lake Butte Des Marts Drive is light as the site
is not on a major roadway. The proposed project will add traffic load in the morning and at pick up
times, but as the site is somewhat isolated, impact on neighboring properties will be limited.
Approval for rezoning and of the General Development Plan will allow the petitioner to purchase
the property at this time. Continued coordination with the city will occur as the project is further
developed in the future.
July 2, 2018
Page 2 of 2
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Ganther Construction I Architecture, Inc.
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Kenneth J. Koziczkowski, AIA
Director of Architectural Services
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Page 8
GDP & REZONE AAORE LLC
3485 LAKE BUTTE DES MORTS DR 5736 I AH MAY TAH RD
PC: 10-02-18 OSHKOSH WI 54901
MARTHA W MOORE TRUST
1125 ELMWOOD AVE
OSHKOSH WI 54901
Page 10
City of Oshkosh maps and data are intended to be used for general identification purposes only, and
the City of Oshkosh assumes no liability for the accuracy of the information. Those using the
information are responsible for verifying accuracy. For full disclaimer please go to
www.ci.oshkosh.wi.us/GlSdisclaimer
Commission Site Plan Map TemplateTlan Commission Site Plan Mao Temolate.mxd
1in=0.14 mi
1 in= 750ft
Printing Date: 9/25/2018
Prepared by: City of Oshkosh, WI
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Page 11
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City of Oshkosh maps and data are intended to be used for general identification purposes only, and
the City of Oshkosh assumes no liability for the accuracy of the information. Those using the
information are responsible for verifying accuracy. For full disclaimer please go to
www.ci.oshkosh.wi.us/GlSdisclaimer
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1 in=0.07 mi
1 in = 350 ft
Printing Date: 9/25/2018
Prepared by: City of Oshkosh, WI
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Oshkosh