HomeMy WebLinkAbout18. 20-225MAY 26, 2020 20-225 ORDINANCE
FIRST READING
(CARRIED
PURPOSE
INITIATED BY
LOST LAID OVER WITHDRAWN )
APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL
DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A
PLANNED DEVELOPMENT OVERLAY (HI-PD) AT 191 W. 28TH
AVENUE
HYDRITE CHEMICAL COMPANY
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 191 W. 281h Avenue from Heavy Industrial
District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD).
LOT 1 OF CSM 7476 DOCUMENT NUMBER 1788858 RECORDED AT THE REGISTER
OF DEEDS PLUS PUBLIC RIGHT OF WAY ADJACENT TO SAID LOT EXTENDING TO
THE CENTERLINE OF OREGON STREET/ W. 28TH AVENUE, BRADLEY STREET AND
W. WAUKAU AVENUE ALL IN THE 14TH 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.
MAY 26, 2020 20-225 ORDINANCE
FIRST READING CONT'D
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #20-xxx APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL
DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED
DEVELOPMENT OVERLAY (HI-PD) 191 W. 28TH AVENUE on June 9, 2020. This
ordinance changes the zoning at 191 W. 281h Avenue from Heavy Industrial District (HI)
to Heavy Industrial District with a Planned Development Overlay (HI-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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Prepared by: City of Oshkosh, WI
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P a a (E�Serl'
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons
Planning Services Manager
DATE: May 21, 2020
RE: Approve Zone Change from Heavy Industrial District (HI) to Heavy Industrial
District with a Planned Development Overlay (HI-PD) at 191 W. 28th Avenue
(Plan Commission Recommends Approval)
BACKGROUND
The subject area consists of an approximately 19 acre parcel with frontage on W. 28th Avenue,
Bradley Street and W. Waukau Avenue. The property is occupied by Hydrite Chemical and
includes an industrial building, storage buildings and paved parking/storage areas as well as a
railroad connection. The surrounding area consists of commercial and industrial uses. The 2040
Comprehensive Land Use Plans recommends industrial use for the subject area.
ANALYSIS
The applicant is proposing to construct a private rail yard that will connect to the Canadian
National area service track that runs along the west side of the subject property. This rail yard
will take the place of the existing unsecured facility located north of Oregon Street. The project
includes five separate spur tracks for railcar storage to be constructed in the initial phase with
space reserved to accommodate two additional spur tracks for future growth.
The applicant is requesting a zone change to add a Planned Development Overlay to the existing
Heavy Industrial (HI) base zoning to allow for the proposed expansion and potential future
improvements, as the site has a unique lot configuration and land use related to the rail
connection, resulting in difficulties meeting zoning requirements. Several Base Standard
Modifications (BSMs) are required to allow for the proposed rail yard. Staff is supportive of
adding the Planned Development Overlay for this purpose as the intent is io accommodate
expansion of an industrial use with hardships related to the lot configuration.
RECOMMENDATION
The Plan Commission recommended approval of the zone change with conditions and findings
at its May 19, 2020 meeting. Please see the attached staff report and meeting minutes for more
information.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://w .ci.oshkosh.wi.us
Respectfully Submitted,
Mark Lyons
Planning Services Manager
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://w .cl.oshkosh.wi.us
ITEM: PUBLIC HEARING: ZONE CHANGE FROM HEAVY INDUSTRIAL
DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED
DEVELOPMENT OVERLAY (HI-PD) AND APPROVAL OF A GENERAL
DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A
RAIL YARD EXPANSION AT 191 W. 28TH AVENUE
Plan Commission meeting of May 19, 2020.
GENERAL INFORMATION
Owner /Applicant: Hydrite Chemical Company - Ron Carrington
Action(s) Requested:
The applicant requests a zone change from the existing Heavy Industrial District (HI) to Heavy
Industrial District with a Planned Development Overlay (HI-PD). The applicant also requests
approval of General Development Plan and Specific Implementation Plan to allow for
expansion of a rail yard.
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 Background Information:
The subject area consists of an approximately 19 acre parcel with frontage on W. 281h Avenue,
Bradley Street and W. Waukau Avenue. The property is occupied by Hydrite Chemical and
includes an industrial building, storage buildings and paved parking/storage areas as well as a
railroad connection. The surrounding area consists of commercial and industrial uses. The
2040 Comprehensive Land Use Plans recommends industrial use for the subject area.
Subject Site
Existing Land Use
Zoning
Industrial
HI
Adiacent Land Use and Zonin
Comprehensive Plan Land Use Recommendation I Land Use
2040 Comprehensive Land Use Recommendation Industrial
ANALYSIS
Use
The applicant is proposing to construct a private rail yard that will connect to the Canadian
National area service track that runs along the west side of the subject property. This rail yard
will take the place of the existing unsecured facility located north of Oregon Street. The project
includes 5 separate spur tracks for railcar storage to be constructed in the initial phase with
space reserved to accommodate 2 additional spur tracks for future growth.
Zone Chance
The applicant is requesting a zone change to add a Planned Development Overlay to the
existing Heavy Industrial (HI) base zoning to allow for the proposed expansion and potential
future improvements, as the site has a unique lot configuration and land use related to the rail
connection, resulting in difficulties meeting zoning requirements.
Several Base Standard Modifications (BSMs) are required to allow for the proposed rail yard.
Staff is supportive of adding the Planned Development Overlay for this purpose as the intent is
to accommodate expansion of an industrial use with hardships related to the lot configuration.
Site Design
The proposed rail yard will branch south from the existing railroad track along the Hydrite
plant and extending into the southeast corner of the site. A stone/gravel "trackmobile " path will
also be constructed on the east side of the property connecting to the rail yard from the existing
storage buildings on -site where the trackmobiles will be housed. The rail yard will be enclosed
with a combination of existing and new 8' tall chain link security fencing with barbed wire
along the property lines.
This request does not include additional parking areas and does not trigger the need for
increased parking. With the additional railroad track areas, the property is still well under the
maximum impervious surface ratio of 70% for the HI district.
Re wired
Provided
Front Setback (south)
30 ft. min.
3.4 ft. (W. Waukau Ave.)
Street Side Setback (east)
30 ft. min.
4.8 ft. (Bradley St.)
Side Setback
20 ft. min.
Same as existing
Rear Setback
25 ft. min.
Same as existing
Impervious Surface
70% max.
52.13%
The applicant is requesting BSMs related to setbacks. The proposed railroad tracks extend into
the front and street side setbacks and the track -mobile path extends into the street side setback.
One of the rail car bumpers will extend into the 30' X 30' vision clearance triangle, which will
also require a BSM. According to the applicant, there are no alternative locations for the rail
ITEM. Rezone, GDP & SIP 191 W. 28f" Ave.
yard that do not extend into the front setback areas. The applicant's narrative notes that the rail
system design was planned out to work within the confines of Hydrite's property and to also
consider the realigned creek, drainage and stormwater management facilities.
Staff is supportive of the requested setback reductions as site constraints related to the
configuration of the lot restrict the ability to meet setback requirements. However, staff is
recommending that the proposed setbacks be increased to 10' along both right-of-ways. The
Department of Public Works has noted that the proposed site plan results in the ballast
foundation entering the public right-of-way, which is not permissible. Therefore, they are
requesting that the end of the track stub including its ballast foundation remain at least 10 ft.
away from the property/right-of-way line to avoid hardships related to the constructability of
the right-of-way. Additionally, this separation from the right-of-way will allow sufficient space
for mature growth of proposed landscape features.
To mitigate the reduced setbacks, staff is recommending a condition that required street
frontage landscaping points along the Bradley St. and W. Waukau Ave. frontages be doubled
and include medium/tall evergreen trees to screen the area from view. Staff is also supportive
a BSM to allow the rail bumper within the 30' X 30' vision triangle as the bumper will be
relative small (3' 4" tall X 7' 8" long) and should not obstruct vision clearance at the intersection.
The Department of Public Works has requested a condition that the final bumper location be
reviewed and approved by the Department of Public Works.
The applicant is also requesting a BSM to allow 8 ft. tall chain link fencing with barbed wire to
be located within the front yard, where code prohibits chain link fencing in front or street yards
and fencing with barbed wire is required to meet principal structure setbacks. The applicant
plans to replace/repair some of the existing fencing and install new fencing so that the entire
property is surrounded by 8 ft. tall chain link fencing with 3 barbs to satisfy Department of
Homeland Security requirements.
According to the applicant, the 8' tall chain link fencing with barbed wire is needed along the
entire perimeter of the property due to the nature of Hydrite's business and operations and
compliance with the Department of Homeland Security safety requirements. Staff is supportive
of this BSM as the fencing is needed to fully secure the site.
The proposed stone/gravel surfacing of the trackmobile path will also require a BSM as code
requires all circulation areas to be of a hard surface (concrete or asphalt). Staff does not have
concerns with the proposed BSM as the surfacing will be consistent with the rail yard and will
only be used for trackmobile access.
Storm Water Management/Utilities
Storm water management plans have been provided and are being reviewed by the Department
of Public Works. To accommodate the track layout, the existing Gallups/Merritt Creek corridor
will be re -aligned to minimize the amount of stream that would be enclosed by pipe. The
applicant has applied for permits through the WDNR and Army Corps of Engineers for the
realignment with approvals pending. Finalized storm water management plans will need to be
submitted and approved as part of the Site Plan Review processes.
ITEM. Rezone, GDP & SIP 191 W. 28r' Ave
Landscaping
Points Required
Points Provided
Building Foundation
Not Required
0
Paved Area
Not Required
0
Street Frontage
StradStreet)
300 (150 medium trees)
1516 (348 medium trees)
Street Frontage (W.
Waukau Ave.)
46.5 (23.25 medium trees)
240 (0 medium trees)
Yards
1,175
1,438.3
Total
1,521.5
3,194.3
Building Foundation
Building foundation landscaping points are not required as no additional building areas are
being constructed.
Paved Area
Paved are landscaping points are not required as no parking areas are being added to the site.
Street Frontage
Code requires 30 points per 100 feet of street frontage. The landscaping ordinance also specifies
that 50% of the required points must be devoted to medium trees. As previously noted in this
report, staff is recommending that the total landscaping points be doubled to mitigate the
reduced setbacks. The applicant has provided more than double the code required landscaping
points on the provided landscaping plan. Medium trees have not been provided along the W.
Waukau Ave. frontage, which will require a BSM. Staff is supportive of a BSM as the provided
tall evergreen trees are appropriate in this case as they will provide screening of the rail yard.
The proposed placement and/or species of the plantings will need to be adjusted so that the
plantings do not encroach into the public right-of-way at maturity. Staff is recommending a
condition that the final landscaping be reviewed and approved by the Department of
Community Development to verify that the plantings are placed accordingly to not extend into
the public right-of-way.
Yards
Code requires 10 landscaping points per 1,000 sq. ft. of gross floor area, which in this case is
applied to the expanded rail yard area. Per the provided plan, yard landscaping is being
provided in conjunction with the rerouting of the stream and exceeds the total yard landscaping
point requirement.
Signage
No signage is being proposed.
Site Lighting
ITEM. Rezone, GDP & SIP 191 W. 2ff Ave
A lighting plan has been provided for the rail yard. As no new parking areas are being
provided, minimum lighting levels are not required but the provided lighting must meet
requirements for setbacks, pole height and fixtures type. The plan is in compliance with
lighting standards with the exception that the eastern -most light pole extends into the street
side setback as it shows a 26' 7/8" setback where a 30' setback is required. Staff is supportive of
the reduced setback is it is necessary to provide lighting for the rail yard and increased
landscaping is being utilized to mitigate the concerns related to setbacks as previously noted in
this report.
Building Facades
No new buildings or exterior modifications to existing buildings are being proposed.
Overall Site
The applicant is requesting several BSMs, primarily related to setback requirements. To offset
the requested setback reductions the applicant has provided roughly 5 times the required points
for street frontage landscaping and more than doubled the total points required overall. The
increased landscaping will serve to mitigate the impacts of the reduced setbacks on the
surrounding area. Staff is comfortable that the applicant has adequately offset the requested
BSMs and the overall site will not be detrimental to the surrounding area.
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.
ITEM. Rezone, GDP & SIP 191 W. 28r' Ave
(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
exceptionsibase standard modifications variation of any standard or regulation of this
Chapter.
0) 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, General Development Plan and Specific
Implementation Plan with the findings listed above with the proposed following conditions:
1. BSM to allow reduced front yard setback to 10' (south).
2. BSM to allow reduced street side setback to 10' (east).
3. BSM to allow reduced street side setback for light pole to 26' 7/8" (east).
4. BSM to allow rail bumper within 30' X 30' vision clearance triangle.
5. Final location of rail bumper shall be reviewed and approved by the Department of
Public Works.
6. BSM to allow 8' tall chain link fencing with barbed wire fencing within front yard areas.
7. BSM to allow stone/gravel surfacing for the trackmobile path.
8. BSM to allow 0 street frontage landscaping points devoted to medium trees on the W.
Waukau Avenue frontage.
9. Final landscaping plan shall be reviewed and approved by the Department of
Community Development.
The Plan Commission approved of the rezone, General Development Plan and Specific
Implementation Plan as requested with findings and conditions noted. The following is the
Plan Commissions discussion on this item.
Site Inspections Report: Ms. Propp reported visiting the site.
Staff report accepted as part of the record.
The applicant requests a zone change from the existing Heavy Industrial District (HI) to Heavy
Industrial District with a Planned Development Overlay (HI-PD). The applicant also requests
approval of General Development Plan and Specific Implementation Plan to allow for
expansion of a rail yard.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The applicant is proposing to construct a private rail
yard that will connect to the Canadian National area service track that runs along the west side
of the subject property. This rail yard will take the place of the existing unsecured facility
located north of Oregon Street. The project includes 5 separate spur tracks for railcar storage to
be constructed in the initial phase with space reserved to accommodate 2 additional spur tracks
for future growth. The applicant is requesting a zone change to add a Planned Development
Overlay due to the several Base Standard Modifications that are required to allow for the
ITEM. Rezone, GDP & SIP 191 W. 28r' Ave.
proposed rail yard. The applicant is requesting several BSMs, primarily related to setback
requirements. To offset the requested setback reductions the applicant has provided roughly 5
times the required points for street frontage landscaping and more than doubled the total points
required overall. The increased landscaping will serve to mitigate the impacts of the reduced
setbacks on the surrounding area. He said staff recommends approval of the rezone, General
Development Plan and Specific Implementation Plan with the findings and conditions listed in
the staff report.
Mr. Fojtik opened technical questions to staff.
There were no technical questions on this item.
Mr. Fojtik opened up the public hearing and asked if the applicant wanted to make any
statements.
There were no statements from the applicant.
There were no 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.
Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Conditions:
1. BSM to allow reduced front yard setback to 10' (south).
2. BSM to allow reduced street side setback to 10' (east).
3. BSM to allow reduced street side setback for light pole to 26' 7l8" (east).
4. BSM to allow rail bumper within 30' X 30' vision clearance triangle.
5. Final location of rail bumper shall be reviewed and approved by the Department of
Public Works.
6. BSM to allow 8' tall chain link fencing with barbed wire fencing within front
yard areas.
7. BSM to allow stonelgravel surfacing for the trackmobile path.
8. BSM to allow 0 street frontage landscaping points devoted to medium trees on the
W. Waukau Avenue frontage.
ITEM. Rezone, GDP & SIP 191 W. 28"' Ave
9. Final landscaping plan shall be reviewed and approved by the Department of
Community Development.
Seconded by Ford.
Mr. Fojtik asked if there was any discussion on the motion.
There was no discussion on the motion.
Motion carried 9-0.
ITEM. Rezone, GDP & SIP 191 W. 2ff Ave
SUBMIT TO:
City of Oshkosh Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, WI 54901
of Planned Development Application PHONE: (920) 236-5059
Oshkosh
For General Development Plan or Specific Implementation Plan
**PLEASE TYPE OR PRINT USING BLACK INK**
APPLICANT INFORMATION
Petitioner: Hydrite Chemical Company - Ron Carrington Date: 4,9i2p
Petitioner's Address;
114 N. Main Street
Telephone #: ( 608 ) 332-1642
City: Cottage Grove State: WI_ Zip: 53527
Email ron.carrington@hydrite.com Contact preference: ❑ Phone Q Email
Status of Petitioner (Please Check): ❑ Owner X Representative ❑ Tenant ❑ Prospective Buyer
Petitioner's Signature (required): l% Date: April 13,2020
OWNER INFORMATION
Owner(s)
Hydrite Chemical Company - Joseph J. Weishar
Owner(s) Address:
300 N. Patrick Blvd
Telephone #: ( 262 ) 792-8727
Date: 4/9/20
City: Brookfield State: WI Zip: 53045
Email: ioe.weishar@ahydrite.com Contact preference: ❑ Phone 0J Email
Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership XCorporation
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:
g General Development Plan (GDP) ❑ General Development Plan (GDP) Amendment
9 Specific Implementation Plan (SIP) ❑ Specific Implementation Plan (SIP) Amendment
SITE INFORMATION
Address/Location of Proposed Project: 191 W. 28th Ave, Oshkosh, WI 54902
Proposed Project Type: Rctahliahmenr and exnnncinn of n secure ra lyard
Current Use of Property: Industrial - Chemical Manufacturing and Distribution Zoning: HI
Land Uses Surrounding Your Site: North: 20th Ave and Industrial
South: Waukau Ave and Industrial
East: Bradley St. and Industrial and Cemetery_
West: Rail and Industrial
➢ 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.ci.oshkosh.wi.us/Community_Development/Planning.htm
Sign Staff Date Rec'd
❑ 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.
Applicant's Signature (required): CJ�� �vc... Date:
SUBMIT TO:
Cityof Oshkosh Application Dept. of Community Development
pp 215 Church Ave., P.O. Box 1 130
Cl%W Zoning Map Amendment (Rezoning) Oshkosh, Wisconsin 54903-1130
Oshkosh PHONE: (920) 236-5059
**PLEASE TYPE OR PRINT USING BLACK INK**
APPLICANT INFORMATION
Petitioner: Hydrite Chemical Company - Ron Carrington Date: 4/9/20
Petitioner's Address: 114 N. Main Street
Telephone #: (608 ) 332-1642
City: Cottage Grove State: WI Zip: 53527
Email: ron.carrington@hydrite.com Contact preference: ❑ Phone 0 Email
Status of Petitioner (Please Check): p Owner XRepresentative ❑ Tenant ❑ Prospective Buyer
Petitioner's Signature (required): Ib14 t3�' L �.�,,_r. Date: April 13, 2020
OWNER INFORMATION
Owner(s): Hydrite Chemical Company - Joseph J. Weishar Date: 4/9/20
Owner(s) Address: 300 N. Patrick Blvd City: Brookfield State: WI Zip: 53045
Telephone #: (262 ) 792-8727 Email: ioe.weishar@hydrite.com Contact preference: ❑ Phone R Email
Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership XCorporation
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 Pl�gn ' S rvice ,Division for incomplete submissions or other administrative reasons.
Property Owner's Signature: j1y az Date: I ZG` 2 U
Address/Location of Rezoning Request:. 191 W. 28th Ave, Oshkosh, WI 54902
Tax Parcel Number(s): 91413300100
Rezone property from: HI to
Purpose for Rezoning: The Planned Development overlay will provide Hydrite with the additional flexibility necessary
I11rMS YI 1. � 1. f i'. 1 L 1 / li . 1 f ■ t i f- 1 1
Describe existing property development and land use: Chemical inanufac_tur_inp and disiribution
Describe proposed development and/or proposed land use: Same as existing; but expanded
Proposed time schedule for development and/or use of the property:
Proposed construction of rail facilities to be substantially completed in 2020
Zoning Adjacent to the Site: North: 28th Ave and HT
South: Waukau Ave and HI
East:
Bradley St. and HI and I
West: Rail and HI
Sign Staff Date Rec'd
Project Narrative for the Proposed Rezone/Overlay
Hydrite Chemical Company — Oshkosh
191 W. 28t' Avenue
Purpose
Hydrite Chemical Company is seeking to obtain a Planned Development Overlay District on
their existing property that is currently zoned Heavy Industrial (HI). Hydrite Chemical is asking
the City of Oshkosh to approve the following requests:
• Approval of the General Development and Specific Implementation Plans concurrently at
the May Planning Commission Meeting.
• Request to remove the second reading requirement prior to City Council approval
• Approval of the General Development and Specific Implementation Plans concurrently at
the May City Council Meeting.
Project Background — Site Information
Hydrite's property is in the heart of the City's Industrial districts and is generally bounded by
West 28th Avenue on the north, Bradley Street on the east, Waukau Avenue on the south, and CN
rail along the west. Hydrite's Oshkosh facility has been in operation at the 191 W. 28th Avenue
location and has secured properties located adjacent to their plant as they have become available.
The most recent purchase included the property to the south of the plant, formerly known as
3033 Bradley Street. Constraints associated with this property include it being bounded on all
sides by manmade and natural features. The Gallups/Merrit Creek corridor, which serves as an
urban/natural drainage, way runs through this property. The property also is trapezoidal in shape
and narrows at the far southern edge where it abuts Waukau Avenue.
Project Background — Planning
Hydrite has been in the planning stages for this project since 2015, with more defined and
focused efforts occurring from 2017 to present. The core of the project team includes Hydrite
Chemical (owner), Design 9 (rail design consultants), and REI Engineering (survey and civil
engineering consultant). A variety of approving authorities are involved with the project as well
and includes the Department of Homeland Security, Canadian National Railroad, Wisconsin
Department of Natural Resources, Army Corps of Engineers, and the City of Oshkosh. Hydrite
has worked in cooperation with each of these approving authorities throughout the design
process, and with the plan now being clearly defined, is seeking the last stage of approvals
through the City. Permits and approvals from the other entities are anticipated to be in hand
prior to, or concurrent with the City's approval schedule.
1
P:\5200-5299\5223B- Hydrite Rai l\Engineer\Permits\Local\Rezone\Project Narrative.docx
Existing and Proposed Operational Summary
Hydrite's Oshkosh facility needs to improve and expand the existing railroad capabilities to
increase the number of rail cars that can be handled onsite to meet and increase growing
consumer demand of product while meet Hydrite's current business model. Additionally, this
facility is under mandate from the Federal Department of Homeland Security to resolve the
unsecured rail storage yard north of Oregon St. Since 1981, Hydrite's Oshkosh facility performs
chemical distribution, bleach distribution, aqua ammonia manufacturing, technical and food
grades for drum & bulk operations, cleaners and sanitizers for food processing, white room
production area, acetic acid, calcium chloride, potassium hydroxide packaging, and food
processing production.
In 2019 Hydrite stopped internal production of bleach and entered into a sourcing agreement
with another supplier. This decision was made to eliminate having bulk chlorine chemical at this
facility to enhance safety. The increase in safety will be realized at the Hydrite facility, the City
of Oshkosh, the CN Railroad, and the environment. Due to the change in Hydrite's business
model of outsourcing bleach production, it increased rail traffic due to bleach now being
delivered via rail, thereby necessitating a rail expansion. The 3033 Bradley Street property
(between Hydrite's facility and Waukau Avenue) was purchased for the purpose of the rail yard
expansion in 2014 and is a key component to Hydrite's operating future as well as compliance
with Department of Homeland Security mandates.
Plan Narrative
The project generally consists of the construction of a private rail spur and yard that will connect
to the Canadian National area service track that runs along the west side of the Hydrite property.
This spur and railyard will take the place of the existing unsecured facility located north of
Oregon Avenue. As a result of this project, all rail movement will be secured as it will be
conducted internally, and it will not necessitate additional road crossing or signalization as other
alternative plans would have. The rail spur project consists of a primary switch off the CN
service line just south of 28th Street. Within the site, 5 separate spur tracks for railcar storage
will be constructed in the initial project phase, with space reserved in the plan to accommodate 2
additional spur tracks for future growth. The spur tracks will resemble traditional rail
construction with steel tracks, wooden ties, and stone ballast. The spur and track system will be
constructed from Hydrite's existing plant and south towards the intersection of Bradley Street
and Waukau Avenue. Additional facilities that are accessory to the rail spur system include
graveled access shoulders along the exterior edges of the track system to provide access and
workspace while managing the railcars. Additionally, an access path will be provided for
Hydrite's "Trackmobile" from their storage buildings along Bradley Street to the rail yard for
Hydrite's railcar switching needs. The trackmobile will be housed/garaged within a converted
portion of the existing storage buildings and the path will facilitate onsite trafficking as
compared to utilizing Bradley Street.
2
P:\5200-5299\5223B- Hydrite Rai l\Engineer\Permits\Local\Rezone\Project Narrative.docx
To work with the spur track layout, the existing Gallups/Merrit Creek corridor will be re -aligned
to minimize the amount of stream that would be enclosed by pipe. The crossing of the creek
corridor and flow conveyance will entail the use of (3) 8'-diameter equivalent culvert pipes.
The proposed realignment, stream crossing (culvert), and wetland impact permits have been
applied for through both the WDNR and Army Corps of Engineers with approvals pending.
Hydrite will also work with City Staff to provide access to the creek corridor for emergency and
maintenance purposes. Stormwater management facilities will also be constructed as a part of
the project to mitigate the increase in hard surface and resulting stormwater runoff. A
stormwater management plan has been submitted to the City and WDNR for review.
Request for the Rezone/Planned Development Overlay
As described through this narrative, there are several features, design constraints, and approving
authorities that have played a role in driving the current plan. Rail system design and
construction to accommodate large tanker cars does not offer many options to work with
constraints. The limitations are not just spatial, but also include elevational constraints and the
desire to minimize track curvature. To put it in perspective, rail system design is even more rigid
and less nimble than highway design. The rail system design was planned out to work within the
confines of Hydrite's property and to also consider the realigned creek, drainage and stormwater
management facilities. Very little unused space will remain within the boundary of Hydrite's
property following build -out of the project.
The City's zoning ordinance contains a 30' building and pavement setback from the adjacent
Waukau Avenue and Bradley Street property lines as well as a 30' vision triangle from the
intersection of the right of way lines. Various proposed features are proposed to expand into the
setback and include a portion of track and railcar bumper, gravel service shoulders, and the
trackmobile access path. One of the railcar bumpers will encroach slightly into the vision
triangle. No other alternatives exist to eliminate these encroachments without significantly
altering and minimizing the plan due to reasons outlined previously.
Hydrite's perimeter security fence was permitted and installed in 2016 and is constructed as an
8'-tall chainlink fence with barbed wire. It currently follows along the Waukau Avenue and
Bradley Street right of way lines and runs within interior portions of the site. Although the plan
is to maintain the perimeter fence, additional (similar) fencing will also be installed to
supplement and replace existing fencing to work with the project improvements. Due to the
nature of Hydrite's business and operations, and compliance with the Department of Homeland
Security safety requirements, Hydrite is requesting the ability to install 8' chainlink security
fencing equipped with barbed wire along their property lines and along the creek corridor.
There is no proposal to pave any of the facilities associated with the railyard, and as explained
earlier, the construction of these facilities will follow along with traditional rail construction
which includes, steel rails, wooden ties, and stone ballast. The exterior access paths along the
rail spur will also be constructed of stone ballast and the path for the trackmobile will be
constructed similarly. Hydrite is asking the City to waive the paved surface requirement due to
3
P:\5200-5299\5223B- Hydrite Rai l\Engineer\Permits\Local\Rezone\Project Narrative.docx
the proposed facilities being associated and auxiliary to the rail system. Stone/gravel surfacing
used will be dust -free and support low -speed (less than 5 mph) traffic.
To help soften the appearance of the proposed railyard from the public right of way, Hydrite will
install and maintain proposed landscaping immediately within the existing perimeter security
fence along Bradley Street and Waukau Avenue.
Conclusion
Hydrite appreciates the support the City has offered to them throughout their time in operation,
and more recently, during the planning of the proposed rail spur. This expansion project will
help to guarantee Hydrite's operational viability within the City, and the specified deviations
from the City's HI zoning regulations will help Hydrite expand and maximize usage of the
developable space within their property, while matching with existing security features and
typical rail facility construction. Rezoning of the property to the Planned Development overlay
district is the last step to facilitate a lengthy planning and approval process that this project has
endured. We respectfully request the city to grant the planned development overlay zoning to
provide the flexible mechanism needed to waive compliance with standard zoning requirements.
Please refer to the permit applications, plans and mapping for additional supporting information.
4
P:\5200-5299\5223B- Hydrite Rai l\Engineer\Permits\Local\Rezone\Project Narrative.docx
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191 W 28TH AVE 2772 OREGON ST 240 W 9TH AVE
PC: 05-19-20 OSHKOSH WI 54902 OSHKOSH WI 54902
PETER PISCHKE
2950 BRADLEY ST
OSHKOSH WI 54902
OTA INVESTMENTS LLC
N2604 COUNTY ROAD SS
PINE RIVER WI 54965
ANTHONY D/SARAH C KIND
7063 MOUNTAIN RD
PICKETT WI 54964
LORENZ L RANGELOFF
3000 OREGON ST
OSHKOSH WI 54902
ROBERT E/SUSAN S GEHRKE REV
TRUST
12121 W WOODLAND AVE
MILWAUKEE WI 53226
HYDRITE CHEMICAL CO
PO BOX 4747
OAK BROOK IL 60522
TOWN OF BLACK WOLF
380 E BLACK WOLF AVE
OSHKOSH WI 54902
WITTMAN REGIONAL AIRPORT
525 W 20TH AVE
OSHKOSH WI 54902
OSHKOSH CORPORATION
PO BOX 2566
OSHKOSH WI 54903
RESOURCE HOLDINGS OSHKOSH LLC
2225 BOHM DR
LITTLE CHUTE WI 54140
ROBERT J/ELAINE A KOSSEL
717 OREGON ST
OSHKOSH WI 54902
ARNOLD F HENKE REV TRUST
1308 MARICOPA DR
OSHKOSH WI 54904
DARRELL/STEVEN THOMA
5254 SAMERS BAY RD
OMRO WI 54963
MFMF LLC
PO BOX 227
GRAFTON WI 53024
HYDRITE CHEMICAL CO
ATTN: RON CARRINGTON
114 N MAIN ST
COTTAGE GROVE WI 53527
KARLS TRANSPORT INC
PO BOX 333
ANTIGO WI 54409
SHIPPERS BUILDING LLC
300 N KOELLER ST
OSHKOSH WI 54902
U A W LOCAL NO 578 BLDG CORP
2920 OREGON ST
OSHKOSH WI 54902
CHARLES W/LINDA M LUEDEKE
LIVING TRUST
1521 PARKVIEW DR
NEW LONDON WI 54961
WISCONSIN CENTRAL LTD
17641 S ASHLAND AVE
HOMEWOOD IL 60430
H & M COMMERCIAL LLC
N69W25986 BRIGHTON DR
SUSSEX WI 53089
HYDRITE CHEMICAL CO
ATTN: JOSEPH WEISHAR
300 N PATRICK BLVD
BROOKFIELD WI 53045
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www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI
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