HomeMy WebLinkAbout32. 19-499 AUGUST 27, 2019 19-499 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE ZONE CHANGE FROM SUBURBAN MIXED USE
DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A
PLANNED DEVELOPMENT OVERLAY(SMU-PD)AT 237 NORTH
WASHBURN STREET
INITIATED BY: SHORELAND DEVELOPMENT CORPORATION
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 at 237 Washburn Street from Suburban Mixed
Use District(SMU) to Suburban Mixed Use District with a Planned Development Overlay
(SMU-PD).
NORTH 335.8 FEET OF EAST 775.8 FEET OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 SECTION 21 TOWNSHIP 18 RANGE 16 LYING WEST OF NORTH
WASHBURN STREET PLUS PUBLIC RIGHT OF WAY ADJACENT TO SAID LOT
EXTENDING TO THE CENTERLINE OF NORTH WASHBURN STREET, ALL IN THE
6TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN.
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
AUGUST 13, 2019 19-499 ORDINANCE
FIRST READING CONT'D
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #19-xxx APPROVE ZONE CHANGE FROM SUBURBAN MIXED
USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED
DEVELOPMENT OVERLAY (SMU-PD) AT 237 NORTH WASHBURN STREET on
August 27, 2019. This ordinance changes the zoning at 237 N. Washburn Street from
Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned
Development Overlay (SMU-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.
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information are responsible for verifying accuracy, For full disclaimer please go to Printing Date:7123/2019 Oshkosh
Prepared by:City of Oshkosh,WI
:' ISTlanning�Plan Commission.:Site Plar..MapTemplate',Plan Commission Site Plan MapTemplate,mxd Pag ::r;1 J
ITEM: PUBLIC HEARING: ZONE CHANGE FROM SUBURBAN MIXED USE
(SMU) DISTRICT TO SUBURBAN MIXED USE-PLANNED
DEVELOPMENT (SMU-PD) DISTRICT FOR PROPERTY LOCATED AT 237
N.WASHBURN STREET
Plan Commission meeting of August 20,2019.
GENERAL INFORMATION
Applicant: Attorney Russell J. Reff
Property Owner: Shoreland Development Corp.
Actions Requested:
The applicant requests a zone change from the existing Suburban Mixed Use (SMU)District to
Suburban Mixed Use-Planned Development(SMU-PD)District for the property located at 237
N. Washburn Street.
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.
Background Information,Property Location and Type:
The subject area included in the zone change request consists of a 231,688 square foot(5.32 acre)
commercial parcel that was previously used as an automotive service center for Pornmerening
Auto Village,which closed its location at this site. The property is now used by Franklin
Equipment for commercial and equipment rental and storage. The surrounding area consists
predominately of commercial uses with Interstate 41 to the east. The immediate properties on
the south,north and across I-41 to the east are commercial properties. The adjacent property on
the west is a vacant property. The 2040 Comprehensive Plan recommends Interstate
Commercial land use for the subject property and immediately adjacent properties.
Subject Site
Existing Land Use zoning
Commercial/Equipment rental and storage SMU
Adjacent Land Use and Zoning
Existing Uses Zoning
NorthCommercial ........ ...... .__.- _...__................................_.............._............................
South Commercial SMU
—-..........-__.........................................................._......_........._...__........................._.........._..._..................__.._._......_............—..._..................._.._._..........._............._.__............_. -..._._................._..............---.......
East Interstate 41 SMU
................_...___..__._....__........_...._.._.................................__........._.........__..__..................._....__._....__..................................._._.........._................................................_._..._.................................................................................................---..............._..__
West Agricultural SMU-PD
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Interstate Commercial
ANALYSIS
The petitioner is requesting this zone change to allow for the combination of the subject parcel and
a portion of the adjacent parcel to the west. The property to the west was recently rezoned to SMU-
PD and a Planned Development approved for a senior living community on that parcel. Currently
the property at 237 N.Washburn Street is used by Franklin Equipment for commercial and
equipment rental and storage. The owner intends to combine the adjoining parking area. No
physical site alterations are proposed for the subject property at this time.
Staff is supportive of the rezone as the Planned Development overlay is necessary for a"clean up"
of the property lines for the site at 237 N.Washburn Street to include the rear parking area. The
Planned Development will also provide the ability to accommodate future needs for the site.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the zone change from Suburban Mixed Use (SMU) District to
Suburban Mixed Use—Planned Development(SMU-PD) District as requested.
The Plan Commission approved of the zone change as requested. The following is the Plan
Commission's discussion on this item.
Site Inspections: Report: Mr. Hinz and Ms. Propp reported visiting the site.
Staff report accepted as part of the record.
The applicant requests a zone change from the existing Suburban Mixed Use (SMU)District to
Suburban Mixed Use-Planned Development(SMU-PD) District for the property located at 237
N. Washburn Street.
Mr. Wiley presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The petitioner is requesting this zone change to
allow for the combination of the subject parcel and a portion of the adjacent parcel to the west.
The property to the west was recently rezoned to SMU-PD and a Planned Development
approved for a senior living community on that parcel. Currently the property at 237 N.
Washburn Street is used by Franklin Equipment for commercial and equipment rental and
storage. The owner intends to combine the adjoining parking area. No physical site alterations
are proposed for the subject property at this time. The Planned Development overlay is
necessary for a "clean up" of the property lines for the site at 237 N. Washburn Street to include
the rear parking area. The Planned Development will also provide the ability to accommodate
future needs for the site. He said staff recommends approval of the zone change from Suburban
Mixed Use (SMU)District to Suburban Mixed Use—Planned Development(SMU-PD) District
as requested.
Item-Zone Change—237 N.Washburn St.
j Mr. Fojtik opened up technical questions to staff.
Ms. Palmeri asked if there were any plans for changing the use.
i
Mr. Wiley said he believes they just want access to the paved area. He explained the paved area
is nonconforming because the way it is divided. He said the property to the west does not have
a use for the paved area.
Ms. Nieforth commented it is more about circulation of the site and to have access around the
building.
Mr. Fojtik opened up the public hearing and asked if the applicant wanted to make any
statements.
Russel Reff(applicant), 217 Ceape Avenue, stated he is here on behalf of Shoreland
Development. He said Chris Pommerening,whose family owns the property,is also present.
He explained his client has an easement that runs from north Witzel Avenue to the edge of the
paved property. He said they have had that for many years and have used the easement. He
stated the easement ended short of the paved piece of property. He said Art Pommerening
paved that area many years ago assuming it was part of the easement. He said they have an
adverse possession claim to that parcel and that is one of the reasons the paved area is being
deeded to them. He said in addition to that,they had an easement that essentially goes from
Witzel Avenue through part of the Wertsch property and then goes east to the back of the Fleet
Farm property. He said they are eliminating that easement on the Wertsch property so they
will be able to develop it better and also exchange it for the piece of land in the back. He said
the paved area has been used for many years and they did not realize the issue until the
proposal of the senior living facility. He explained there was discussion with staff and rezoning
was staff's recommendation. He commented it is a win-win for all parties.
There were no other public comments on this item.
Mr. Fojtik closed the public hearing and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant
Motion by Perry to adopt the findings and recommendation as stated in the staff report.
Seconded by Mitchell.
Mr. Fojtik asked if there was any discussion on the motion.
There was no discussion on the motion.
Motion carried 9-0.
Item-Zone Change—237 N.Washburn St.
City of Oshkosh Application SUBMIT TO:
City Dept.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: Attirimy Russell. J. Reff Date: 7 22 19
Petitioner's Address: P.O. Box 1190 City: Oshkosh State: WI Zip: 5M-1190
Telephone#:(920) 231-5.380 Fox:( 92q 231--0035 Other Contact#or Email: riff MaW•C0M
Status of Petitioner(Please Ze ner Xj Represe t tiA�'It—o
Prospective BuyerPetitioner`s Signature(requ Date:_7/22/19
OWNER INFORMATION
J
Owner(s): ShMeland DeVel4XIlant Corp. Date: 7/22/19
E
owner(s)Address: 459 N. WashbL.a.7T St. City; Oshkosh state: WI Zip: 54904 7812
Telephone#:$l2O )--539=5551— Fox;( j Other Contact#or Email:hW41oshkosh4biz@�g�il.can
Ownership Status(Please Check): D Individual ❑Trust D Portnership gCorporaiion
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 thee�Planning e ices piston for incomplete submissions or other administrative reasons.
DE
r#rPpe'rlyOwnee N LIgnof l��i` ' f Dater 1
ZONING AND DEVELOPMENT INFORMATION
Address/Location of Rezoning Request: 237 N. Washburn St., Oshkosh, WI 54904-7810
Tax Parcel Number(s): 0614030070
Rezone property from: S to W-PD
Purpose for Rezoning: +tea-UtW-adjar=* nnnr-ol with diff'rr P . znnj% to he addad
Describe existing property development and land use:CaiiiX:rVial and gljjjpW1 t xental and storage
Describe proposed development and/or proposed land use: no change
Proposed time schedule for development and/or use of the property:
as soon as possible
Zoning Adjacent to the Site: North:
1
South:
NJ
East:
West: W4)D
Staff Date Rec'd 7 �
Page 3
Oshkosh WI Page 1 of 1
CONTACTUS
Home Property RecordsY FAQ Forms File Downloads City Website
Parcel info PARID:061,1030080
SHORELAND DEVELOPMENT CORP
Assessment/sales a
Main9ulldhig(s)
Commercial
OBY
Photos
Map
Real Estate Tax
Personal Prop Tax
Wnnebag
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https:Hopa.ci.oshkosh.wi.us/pt/maps/Map.aspx?sIndex=0&idx=l&LMparent=20 7/22/2019.ge 4
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REZONE JACQUELINE AND HEGGFSTAD WERTSCH TR MFF MORTGAGE BORROWER 23 LLC
237 N WASHBURN ST 4221 VENETIAN LN 512 LAUREL ST
PC:08-20-19 MADISON WI 53718 BRAINERD MN 56401
MUSTAIN INVESTMENTS II LLC SHORELAND DEVELOPMENT CORP ATTORNEY RUSSELL J REFF
275 N WASHBURN ST 459 N WASHBURN ST PO BOX 1190
OSHKOSH WI 54904 OSHKOSH WI 54904 OSHKOSH WI 54903
Page 6
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information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:7(23l2019 � �� j ,w
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the City of Oshkosh assumes no liability for the accuracy of the information. loose using the
information are responsible for verifying accuracy. For full disclaimer please go to Punting Date:7/23/2019 Oshkosh
wvrw.ci.oshkosh,wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI
.i:iGIS,FIann ng'Plan Commission Site Plan viap TemplateFlan Commission Site Plan Map Template.mxd Pace,rrg')n