HomeMy WebLinkAbout12. 19-330 JUNE 11, 2019 19-330 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE SPECIFIC IMPLEMENTATION PLAN AMENDMENT
FOR REDUCED SIDE YARD SETBACKS FOR LOTS WITHIN
NORTHSHORE PRESERVE PLAT FIRST ADDITION
INITIATED BY: NORTH SHORE REAL ESTATE DEVELOPMENT LLC
PLAN COMMISSION RECOMMENDATION: Approved w/condition
WHEREAS, the applicant would like to amend the previously approved Specific
Implementation Plan for the Northshore Preserve plat first addition; and
WHEREAS, the Plan Commission finds that the planned development
amendment to reduce side yard setbacks for lots within the Northshore Preserve Plat
First Addition is consistent with the criteria established in Section 30-387(C)(6) of the
Oshkosh Zoning Ordinance; and
NOW THEREFORE BE IT FURTHER RESOLVED by the Common Council of the
City of Oshkosh that the amendment to the specific implementation plan to reduce side
yard setbacks for lots within the Northshore Preserve Plat First Addition, per the
attached, is hereby approved with the following condition:
1. Base standard modification to allow principal structure side yard setback
reduction to 7 1/2 feet where code requires 10 feet.
Lf
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons
Planning Services Manager
DATE: June 6, 2019
RE: Approve Specific Implementation Plan Amendment for Reduced Side Yard
Setbacks for Lots within Northshore Preserve Plat First Addition (Plan
Commission Recommends Approval)
BACKGROUND
The subject site is zoned Single Family 3 with a Planned Development Overlay (SR-3 PD) and
consists of a plat including 10 parcels developed with single family homes and 7 vacant
parcels. The subject area is located on the north side of Lake Butte Des Morts, east of
Edgewood Road and south of Shore Preserve Drive. The surrounding area consists primarily
of single family residential land uses and vacant land. The 2040 Comprehensive Land Use
Plan recommends Light Density Residential uses for the subject area.
On May 11, 2004, Common Council approved a Planned Development for construction of
single family dwellings within the 1st Addition to Northshore Preserve. The approval
included a condition that no further review of residential development within the final plat is
required if in compliance with base zoning standards.
ANALYSIS
When the Planned Development was approved for this plat (2004), the area was designated as
R-1 PD under the previous zoning ordinance. This zoning designation allowed for 71/2 foot side
yard setbacks and the existing homes within the plat were developed as such. The current
zoning designation of the properties within this plat is SR-3 PD, which has a principal structure
side yard setback of 10 feet.
The applicant is requesting a Base Standard Modification (BSM) to allow a reduction of the side
yard setback for principal structures to 7 V2 feet where code requires 10 feet. Staff does not have
concerns with this request as the plat was originally intended to accommodate 7 1/2 foot side
yard setbacks. The proposed setback reduction will provide consistency with homes that have
already been built within the plat.
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
FISCAL IMPACT
Approval of the planned development amendment will make developing the remaining vacant
residential properties easier and those improvements should result in increased assessed values
for the included properties.
RECOMMENDATION
The Plan Commission recommended approval of the Specific Implementation Plan amendment
with a condition at its June 4, 2019 meeting.
Respectfully Submitted, Approved:
Mark Lyons Mark A. Rohloff
Planning Services Manager City Manager
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
ITEM: APPROVAL OF A SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR
REDUCED SIDE YARD SETBACKS FOR LOTS WITHIN NORTHSHORE
PRESERVE PLAT FIRST ADDITION
Plan Commission meeting of June 4, 2019
GENERAL INFORMATION
Applicant/Owner: Northshore Real Estate Development LLC
Actions Requested:
The applicant requests approval of a Specific Implementation Plan amendment to allow reduced
yard setbacks for lots within the Northshore Preserve Plat First Addition.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance. The
original Planned Development did not address setbacks, and therefore base code (SR-3) setbacks
apply.
Code Reference Regulation
30-37(G) Minimum Side Setback: 10 feet
Property Location and Background Information:
The subject site is zoned Single Family 3 with a Planned Development Overlay(SR-3 PD) and
consists of a plat including 10 parcels developed with single family homes and 7 vacant parcels.
The subject area is located on the north side of Lake Butte Des Morts,east of Edgewood Road and
south of Shore Preserve Drive. The surrounding area consists primarily of single family
residential land uses and vacant land. The 2040 Comprehensive Land Use Plan recommends
Light Density Residential uses for the subject area.
On May 11, 2004, Common Council approved a Planned Development for construction of single
family dwellings within the 1st Addition to Northshore Preserve. The approval included a
condition that no further review of residential development within the final plat is required if in
compliance with base zoning standards.
Subject Site
Existing Land Use Zonis
Residential and Vacant SR-3(PD)
1
Adjacent Land Use and Zoning
Existing Uses Zoning
North Vacant SR-3 (PD)
West Vacant SR-3 (PD)
South Vacant SR-3(PD)
East Vacant and Agriculture SR-3(PD)
Comprehensive Plan
Com rehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Light Density Residential
ANALYSIS
When the Planned Development was approved for this plat(2004),the area was designated as R-1
PD under the previous zoning ordinance. This zoning designation allowed for 71/2 foot side yard
setbacks and the existing homes within the plat were developed as such. The current zoning
designation of the properties within this plat is SR-3 PD, which has a principal structure side yard
setback of 10 feet.
The applicant is requesting a Base Standard Modification(BSM) to allow a reduction of the side
yard setback for principal structures to 71/2 feet where code requires 10 feet. Staff does not have
concerns with this request as the plat was originally intended to accommodate 71/2 foot side yard
setbacks. The proposed setback reduction will provide consistency with homes that have already
been built within the plat.
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—SIP Amendment—Northshore Preserve 2
(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 believes that the development meets the standards set forth in Section 30-387 of the Zoning
Ordinance and has a positive impact on surrounding lands,will be harmonious with the intended
character of the general vicinity, and will not be detrimental to neighboring properties or the
community as a whole. Staff also feels that the proposal reflects the city's development and
planning policies,enhances the appearance of the area and is architecturally compatible with
nearby and adjacent structures lending a positive contribution to the physical appearance of land
uses and buildings in the community.
Staff recommends approval of the Specific Implementation Plan amendment with the findings
listed above and the following condition:
1. Base standard modification to allow principal structure side yard setback reduction to 71/2
feet where code requires 10 feet.
The Plan Commission approved of the Specific Implementation Plan amendment as requested
with findings and a condition noted. The following is the Plan Commission's discussion on this
item.
Site Inspections: Report:Mr.Perry reported visiting the site.
Staff report accepted as part of the record.
The applicant requests approval of a Specific Implementation Plan amendment to allow reduced
yard setbacks for lots within the Northshore Preserve Plat First Addition.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. On May 11,2004, Common Council approved a
Planned Development for construction of single family dwellings within the 1st Addition to
Northshore Preserve. The approval included a condition that no further review of residential
development within the final plat is required if in compliance with base zoning standards. When
the Planned Development was approved for this plat(2004), the area was designated as R-1 PD
under the previous zoning ordinance. This zoning designation allowed for 71/2 foot side yard
setbacks and the existing homes within the plat were developed as such. The current zoning
designation of the properties within this plat is SR-3 PD,which has a principal structure side yard
Item—SIP Amendment—Northshore Preserve 3
setback of 10 feet. The applicant is requesting a Base Standard Modification(BSM) to allow a
reduction of the side yard setback for principal structures to 71/2 feet where code requires 10 feet.
Staff does not have concerns with this request as the plat was originally intended to accommodate
71/2 foot side yard setbacks. The proposed setback reduction will provide consistency with homes
that have already been built within the plat.
Mr. Fojtik opened up technical questions to staff.
Mr.Perry asked if there is an ability to look at each individual parcel as opposed to all the lots as
a whole.
Mr.Lyons replied staff did evaluate that and staff chose the subdivision as a whole. He explained
they considered new builds as well as existing homes that may want to add an addition in the
future. He said when reviewing the original plat and Planned Development, the original intent
was a 71/2 feet side yard setback. He explained the reasoning for the zoning code change. He said
staff felt that the best way to remedy the situation was to apply a Base Standard Modification to
the entire subdivision and have the same standard for all the lots.
Ms.Palmeri asked how many lots were developed and undeveloped.
Mr. Slusarek replied there are ten developed lots and seven vacant lots.
Mr.Mitchell asked from a planning perspective,what are the benefits of having a larger setback.
Mr. Lyons explained the larger setbacks are usually for wider/larger lots to make sure there is a
sufficient amount of green space between the homes. He said there is usually a correlation of lot
size to setback.
Mr.Fojtik asked for any public comments.
John Petek, 3845 Shorebird Court, said he does not have an issue with the request but wants to
ensure the rest of the covenants are adhered to. He said he put in a substantial home and paid for
the lot. He explained the other lots are narrower and are only 85 feet wide whereas the lots on the
other side are wider and 125 feet wide. He said ideally,the lots should have been divided into
three lots instead of four which would make them very similar to the other lots. He explained
that in the past the architecture committee has changed the requirements of the covenants to
allow for smaller homes to be built. He is concerned that the 10 feet setback would force homes
to go higher in order to meet the covenants. He stated the covenants require a 2,500 sq. ft.home.
He said he wants to ensure the covenant requirements do not change.
Mr. Lyons explained the city has nothing to do with the covenants and restrictions. He said this
is strictly just a zoning requirement and the covenant requirements would stay as is and enforced
privately by the owners in the community. He stated the city does not get involved with
covenant restrictions.
Itent—SIP Amendment—Northshore Preserve 4
Mr. Petek asked what his recourse would be if an 1,800 sq. ft.home was built because it has
happened in another area.
Mr. Lyons replied his recourse would be the same no matter what decision the Plan Commission
recommends.
Mr. Petek asked if there was any way to change the lots to make them wider.
Mr. Lyons replied if the owner wants to re-plat the lots,they could.
David Omachinski(applicant), 1605 Maricopa Drive, said he is one of the three developers of the
plat first addition. He said the lots across from Mr. Petek are larger in total square footage and
the lot sizes are very consistent overall. He stated he is one of the members of the architecture
committee and to his knowledge, there has not been a single exception granted on the first
addition.
James Stevenson,3825 Shorebird Court, said the sizes of the lots are not bigger in square footage
as Mr. Omachirtski stated. He said he had a plat of the lots and read the square footages of some
of the lots. He said he built his house with a 10 foot yard side setback and he feels it looks nicer,
provides more greenspace and provides better access. He feels there are more options such as
subdividing the existing four lots to three lots.
Mr. Mitchell asked what specifically the concern is for the reduced side yard setback.
Mr. Stevenson replied he feels the larger setback keeps the values of all the properties. He said
part of the covenants states, "through the benefit of all land owners/future land owners" and he
feels this does not benefit land owners/future land owners. He feels the only benefit is to the
developers. He said some of the lots have not sold in over ten years. Mr. Stevenson asked what
the staff recommendation was.
Mr. Lyons replied it is to apply the original 71/2 feet side yard setback to all the properties.
Mr. Stevenson pointed out Lot 65. He said it has a 50 foot shore yard setback and explained the
other homes built with a 75 foot shore yard setback. He said essentially someone could build a
house 25 feet in front of his house. He reiterated there are other options such as subdividing the
four lots into three lots.
There were no other public comments on this item.
Mr. Fojtik closed public comments.
Motion by Palmeri to adopt the findings and recommendation as stated in the staff report.
Item—SIP Amendment—Northshore Preserve S
Condition:
1. Base standard modification to allow principal structure side yard setback reduction to 71/2
feet where code requires 10 feet.
Seconded by Mitchell.
Mr. Fojtik asked if there was any discussion about the motion.
Mr. Perry asked if each lot could be looked at individually.
Mr. Lyons replied yes they can. He said there would be a PD amendment for each lot but there
would be some legal nonconforming lots.
Mr. Perry said he can't imagine any house being built on the small corner lot. He said he would
prefer that lot to be used as a park space. He said one of his concerns about going to 10 foot side
yard setbacks is that it might encourage a small house. He stated the developer has gone against
the covenants in other parts of the larger subdivision. He said there is precedents that it could be
done again. He would be more comfortable approving the setback on an individual basis because
he does not see the developer changing the lots from four to three.
Mr.Mitchell asked if the four lots were originally part of the plat.
Mr. Lyons said they are and the plat has not changed. He said the only change is the underline
zoning code.
Ms. Propp said she understands staff's recommendation and she supports it. She said the
original plat was the 71/2 foot side yard setbacks and everyone built knowing it was a 71/2 foot
yard setback. She feels the plat should go back to the original 71/z foot yard setback. She stated
that her daughter lives in Middleton Hills, an upscale subdivision,which has narrow side yard
setbacks. She said the homes there are elegant and beautiful. She stated people love that area
and the smaller side yard setbacks should not be an issue.
Mr. Fojtik agreed with Ms. Propp.
Motion carried 7-1 (Ayes:Erickson,Fojtik, Groth,Hinz,Mitchell, Palmeri, Propp. Nays: Perry.).
Item—SIP Amendment—Northshore Preserve 6
SUBMITTO:
ment
Dept,of Community Development
City of Oshkosh p
city 215 Church Ave.,P.O.Box 1130
Ole
I Planned Development Application POHth(92Ui 53 5059 6
Oshkosh ONE
For General Development Plan or Specific Implementation Plan
"PLEASE TYPE OR PRINT USING BLACK INK" �
APPLICANT IIN��FF�ORMATION (� �^ (� i � j f ^�
Petitioner:�`R% t�IYA + fa k��t'. f J�V?1(}lily(' }� 1.-t t Date,-
Petitioner's Address; � ,n' I(��1�t�i/ l)� . City: ` 51) U4 State:).Zip:5 J '
Telephone#: %0) yJ 347106 Fax: ( ) Other Contact#or Email: �� l�CW\ 1,, t
Status of Petitioner(Please Check): ,Owner 0 Representative 0 Tenant 0 Prospective Buyer
Petitioner's Signature(required): Date: _
OWNER INFORMATION
Owner(s):��'��11L31��?'�L �\t.>�� �"�I�� _t �t� ' f�1� Date:
Owner(s) Address: '�t+'"� r'K((7l)) �� � 1 � City: Do State:' U I Zip:
Telephone#: (14) �J 6� Fax:{ ) Other Contact#or Email:6 41(.5{�t
Ownership Status(Please Check): ❑Individual 0 Trust ❑Partnership ❑Corporation L L C
Property Owner Consent:(required)
By signature hereon,I/We acknowledge that City officials and/or employees may,in the performance of their functions,enter
upon the property to inspect or gather other information necessary to process this application. I also understand that all
meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other
administrative reasons.
Property Owner's Signature: Date:
TYPE OF REQUEST:
❑General Development Plan(GDP) General Development Plan(GDP)Amendment
0 Specific Implementation Plan(SIP) 'tppecific Implementation Plan(SIP)Amendment
SITE INFORMATION
Address/location of Pro used Project.
Proposed Project Type: Si Y' Ck c' r
Current Use of Property:
Land Uses Surrounding Your Sitez'North:
South:
East:
West:
i
(
It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal,
➢ 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,wl,us/Community_Development/Planning,htm
fC�i �UJ1 kSGrI�,'C,��f 5e.� e/P✓ �I '1 Ff�Y5`�
Staff Date Rec'd
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.
❑ 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/intensify 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.
t
I hereby certify that to the best of my knowledge all required application materials are included with this
application. I am aware that failure t mit the requt pleted application materials may result In denial or
delay of the application request.
Applicant's Signature (required): Date: '
i
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Page 5
MAY 11,2004 04.147 RESOLUTION
i
CARRIED 7-0 LOST LAID OVER WITHDRAWN )
i
PURPOSE: GRANT CONDITIONAL USE PERMIT;APPROVE FINAL
PLANNED DEVELOPMENT I ST ADDITION TO NORTHSHORE
PRESERVE
INITIATED BY: NORTHSHORE REAL ESTATE DEVELOPMENT LLC,OWNER
I
PLAN COMMISSION RECOMMENDATION. Approved wlcondiiions
BE IT RESOLVED by the Common Council of the City of Oshkosh that a
conditional use permit for a planned residential development for construction of single
family dwellings within the 1st Addition to Norihshore Preserve Is hereby approvers with
the following onditions:
1) A 15 ft,wide pedestrian trait easement be provided along the north property lines
of Lois 55-57 and developed with an B ft. wide asphalt trail in conjunction with
improvements to the final plat or development of the existing pedestrian easement
along the northern boundary of the proposed plat. The trail is to be developed per Dspi.
of Public W(rks spacifisations. Access is subject to approval by the Winnebago County
Parks Department.
2) No further review of residential development within the final plat is required it In
compliance with base zoning standards.
BE IT FURTHER RESOLVED that the Common Couml of the City of Oshkosh
hereby approves of the Planned District Overlay and final development pion as noted
above.
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Page 6
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SIP AMENDMT ALBERT J/KATHLEEN M LUTZKE BENJAMIN/ANNELISE KOTENBERG
NORTHSHORE PRESERVE 2315 SHORE PRESERVE DR 3820 SHOREBIRD CT
PC:06-04-19 OSHKOSH WI 54904 OSHKOSH WI 54904
BRENDA M CARMAN BRUCE/DONNA STEVENSON REV TRUST COMMUNITY CHURCH INC
3875 SHOREBIRD CT 3879 SHOREBIRD CT 2351 RYF RD
OSHKOSH WI 54904 OSHKOSH WI 54904 OSHKOSH WI 54904
DEAN W KOECHEL JASON D/STEPHANIE G RAHN JESTEN D/BRIANNA W NEILL
2325 SHORE PRESERVE DR 2305 SHORE PRESERVE DR 2321 SHORE PRESERVE DR
OSHKOSH WI 54904 OSHKOSH WI 54904 OSHKOSH WI 54904
JOHN S/LINDA J PETEK KEITH ZIEBELL/LUANN DEBRUIN-ZIEBELL MICHAEL J/DANICA M LEWIS
3845 SHOREBIRD CT 3880 SHOREBIRD CT 3865 SHOREBIRD CT
OSHKOSH WI 54904 OSHKOSH WI 54904 OSHKOSH WI 54904
MICHAEL L/LISA A SCOTT MVT LLC NORTHSHORE PROP OWNERS ASSOC INC
3805 SHOREBIRD CT 2247 RYF RD 3880 SHOREBIRD CT
OSHKOSH WI 54904 OSHKOSH WI 54904 OSHKOSH WI 54904
STEVENSON REV TRUST THOMAS L ZILLGES REV TRUST WAYNE F/HEATHER MEIER
3825 SHOREBIRD CT 3815 SHOREBIRD CT 3870 SHOREBIRD CT
OSHKOSH WI 54904 OSHKOSH WI 54904 OSHKOSH WI 54904
WINNEBAGO COUNTY ZAHID N/ASMA K DAR TOWN OF OSHKOSH
PO BOX 2808 2331 SHORE PRESERVE DR 1076 COZY LN
OSHKOSH WI 54903 OSHKOSH WI 54904 OSHKOSH WI 54901
NORTHSHORE REAL ESTATE DEV LLC
1605 MARICOPA DR
OSHKOSH WI 54904
Page 9
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