HomeMy WebLinkAbout33. 20-258 MAY 26, 2020 JUNE 9, 2020 20-224 20-258 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE ZONE CHANGE FROM BUSINESS PARK (BP)
DISTRICT TO BUSINESS PARK WITH A PLANNED
DEVELOPMENT OVERLAY (BP-PD) DISTRICT FOR PROPERTIES
LOCATED AT THE NORTHEAST CORNER OR JACKSON STREET
AND WEST FERNAU AVENUE
INITIATED BY: CITY ADMINISTRATION
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 properties located at the Northeast Corner of Jackson
Street and W. Fernau Avenue from Business Park (BP) District to Business Park with a
Planned Development Overlay (BP-PD) District.
PARCEL NO. 1519601803 —3132 JACKSON ST
NORTH 165 FEET OF SOUTH 660 FEET OF WEST 660 FEET OF THE NORTHWEST 1/4
OF THE SOUTHWEST 1/4 SECTION 1 TOWNSHIP 18 RANGE 16 EXCLUDING RIGHT
OF WAY AND EXTENDING TO THE CENTERLINE OF THE JACKSON STREET ALL
IN THE 15TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN.
MAY 26, 2020 JUNE 9, 2020 20-224 20-258 ORDINANCE
FIRST READING SECOND READING CONT'D
PARCEL NO. 1519601801 —0 JACKSON ST
NORTH 165 FEET OF THE SOUTH 495 FEET OF WEST 264 FEET OF THE NORTHWEST
1/4 OF THE SOUTHWEST 1/4 SECTION 1 TOWNSHIP 18 RANGE 16 EXCLUDING RIGHT
OF WAY AND EXTENDING TO THE CENTERLINE OF THE JACKSON STREET AND
FERNAU AVENUE ALL IN THE 15TH WARD, CITY OF OSHKOSH, WINNEBAGO
COUNTY, WISCONSIN.
PARCEL NO. 1519601802 —0 W. Fernau Avenue
NORTH 165 FEET OF THE SOUTH 495 FEET OF EAST 396 FEET OF WEST 660 FEET
THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 SECTION 1 TOWNSHIP 18 RANGE 16
EXCLUDING RIGHT OF WAY AND EXTENDING TO THE CENTERLINE OF THE
FERNAU AVENUE ALL IN THE 15TH 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.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #20-258 APPROVE ZONE CHANGE FROM BUSINESS PARK (BP)
DISTRICT TO BUSINESS PARK WITH A PLANNED DEVELOPMENT OVERLAY (BP-
PD) DISTRICT FOR PROPERTIES LOCATED AT THE NORTHEAST CORNER OR
JACKSON STREET AND WEST FERNAU AVENUE on June 9, 2020. This ordinance
changes the zoning for the properties located at the northeast corner of Jackson Street and
West Fernau Avenue from Business Park (BP) District to Business Park with a Planned
Development Overlay (BP-PD) District. 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.
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(GISdisclaimer
I in=0.02mi
1 in=120ft
Printing Date: 4/29/2020
Prepared by: City of Oshkosh, WI
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JSG:STIanninp\Plan Commission Site Plan
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TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons
Planning Services Manager
DATE: May 21, 2020
RE: Approve Zone Change from Business Park (BP) District to Business Park with a
Planned Development Overlay (BP-PD) District for Three Properties Located at
the Northeast Corner of Jackson Street and West Fernau Avenue (Plan
Commission Recommends Approval)
BACKGROUND
The subject area included in the zone change request consists of 3 parcels of 28,000 sq. ft., 49,500
sq. ft. and 102,300 sq. ft. that were previously used for residential purposes. The parcels are
located along the Jackson Street corridor on the northeast corner of Jackson Street and W. Fernau
Avenue. One of the parcels has a deteriorating single family home according to the applicant.
The applicant's plans include demolition of this home. The surrounding area consists of mixed
residential, commercial and industrial uses. The 2040 Comprehensive Plan recommends
Industrial land use for the subject property and surrounding properties to the north and east,
and Mixed Use to the west and south. The applicant came before the Plan Commission at
workshops that were held at the December 3, 2019 and January 21, 2020 Plan Commission
meetings. At the workshops, the applicant explained his overall plans for the subject parcels.
ANALYSIS
All 3 parcels are currently zoned Business Park (BP). The applicant requests the zone change
from BP to Business Park with a Planned Development Overlay (BP-PD) to provide uniform zoning
for all three parcels and to have the property zoned appropriately for future redevelopment of
the site. After the zone change, the applicant plans to combine the three parcels into a single
parcel for redevelopment. Staff is supportive of the request as the proposed zone change will
provide consistent zoning for the lot and the proposed BP-PD zoning designation is appropriate
for the site. The proposed zoning designation will be consistent with the zoning along Jackson
Street to the south and serve as a buffer between the heavy industrial uses to the east and the
Jackson Street corridor to the west. The Planned Development overlay will allow the developer
and the Plan Commission some flexibility when considering redevelopment proposals for the
site.
City Hall, 215 Church Avenue P.O. Box l l30 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
The zone change is the first step in the applicant's plans for the site. Once the applicant combines
the three parcels, he intends to seek approval for the construction of a storage facility on the site.
The east end of the combined parcel would house a personal storage component and the west
end would include a building consisting of temperature -controlled storage and
supporting/complimentary office and retail sales. Personal and climate -controlled storage are
not permitted uses in the BP-PD district, so the applicant would have to seek a General
Development Plan/Specific Implementation Plan (GDP/SIP) approval and request a Base
Standard Modification (BSM) to allow the requested land use. The BP-PD zoning would allow
the applicant to request such a base standard while enabling Plan Commission and Common
Council the ability to require further site improvements to offset any BSMs. The current request
is only for the zone change and any GDP/SIP review would occur at a later date. It is important
to note that staff's and the Plan Commission's support of the zone change does not imply
support of the applicant's storage land use proposal as currently designed. Staff has informed
the applicant of concerns related to the proposal's land use and architectural elements.
RECOMMENDATION
The Plan Commission recommended approval of the zone change as requested at its May 19,
2020 meeting. Please see the attached staff report and meeting minutes for more information.
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 .ci.oshkosh.wi.us
ITEM: PUBLIC HEARING: ZONE CHANGE FROM BUSINESS PARK (BP)
DISTRICT TO BUSINESS PARK WITH A PLANNED DEVELOPMENT
OVERLAY (BP-PD) DISTRICT FOR PROPERTIES (3 PARCELS) LOCATED
AT THE NORTHEAST CORNER OF JACKSON STREET AND W. FERNAU
AVENUE
Plan Commission meeting of May 19, 2020
GENERAL INFORMATION
Applicant: Jared Van Lanen
Property Owner: JJG Wisconsin, LLC
Actions Requested:
The applicant requests a zone change from the existing Business Park (BP) District to Business
Park with a Planned Development Overlay (BP-PD) District for 3 parcels (Parcel IDs
91519601801, 91519601802 and 91519601803) located at the northeast corner of Jackson Street
and W. Fernau Avenue.
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 3 parcels of 28,000 sq. ft., 49,500
sq. ft. and 102,300 sq. ft. (0.64 acres, 1.14 acres and 2.35 acres, respectively) that were previously
used for residential purposes. The parcels are located along the Jackson Street corridor on the
northeast corner of Jackson Street and W. Fernau Avenue. One of the parcels has a
deteriorating single family home according to the applicant. The applicant's plans include
demolition of this home. The surrounding area consists of mixed residential, commercial and
industrial uses. The 2040 Comprehensive Plan recommends Industrial land use for the subject
property and surrounding properties to the north and east, and Mixed Use to the west and
south.
The applicant came before the Plan Commission at workshops that were held at the December
3rd, 2019, and January 21st, 2020 Plan Commission meetings. At the workshops, the applicant
explained his overall plans for the subject parcels. Staff has since had a number of discussions
with the applicant and explained that a zone change for the subject parcels would be the first
step in the redevelopment process.
Subiect Site (3 Parcels)
Existing Land Use
Zoning
Vacant
BP
Adjacent Lana use and
:xistinQ Uses
Single family Residential (Town of Oshkosh,
North Institutional (Nova Counseling Services)
....................................................................................................................................................................................................................................................................................................
South Single family Residential, Elks 292, Accu-Tech
....................................................................................................................................................................................................................................................................................................
East Lakeside Packaging Plus Inc.
....................................................................................................................................................................................................................................................................................................
West Residential (Town of Oshkosh)
Comprehensive Plan
County Zoning R-I (residential
properties), SNIU (Nova
BP, HI, HI
......................................................
HI
Comprehensive Plan Land Use Recommendation
Land Use
2040 Land Use Recommendation
Industrial
ANALYSIS
ILI
The subject site consists of 3 contiguous parcels on the northeast corner of Jackson Street and W.
Fernau Avenue. The corner parcel has frontage along Jackson Street and W. Fernau Avenue, while
the parcel immediately east has frontage along W. Fernau Avenue. The parcel to the north has
frontage along Jackson Street. All 3 parcels are currently zoned BP. The applicant requests the
Item - Zone Change — Corner of Jackson and Fernau
zone change from BP to BP-PD to provide uniform zoning for all three parcels and to have the
property zoned appropriately for future redevelopment of the site. After the zone change, the
applicant plans to combine the three parcels into a single parcel for redevelopment.
Staff is supportive of the request as the proposed zone change will provide consistent zoning for
the lot. As the lot no longer contains residential uses and the 2040 Comprehensive Plan
recommends Industrial land use, the proposed BP-PD zoning designation is appropriate for the
site. The proposed zoning designation will be consistent with the zoning along Jackson Street to the
south and serve as a buffer between the heavy industrial uses to the east and the Jackson Street
corridor to the west. The Planned Development overlay will allow staff and the Plan Commission
some flexibility when considering redevelopment proposals for the site.
The zone change is the first step in the applicant's plans for the site. Once the applicant combines
the three parcels, he intends to seek approval for the construction of a storage facility on the site.
The east end of the combined parcel would house a personal storage component and the west end
(fronting Jackson Street) would include a building consisting of temperature -controlled storage and
supporting/complimentary office and retail sales. Personal and climate -controlled storage are not
permitted uses in the BP-PD district, so the applicant would have to come back to the Plan
Commission for a General Development Plan/Specific Implementation Plan (GDP/SIP) approval
and request a Base Standard Modification (BSM) to allow the requested land use. The BP-PD
zoning would allow the applicant to request such a base standard while enabling staff and the Plan
Commission the ability to require further site improvements to offset any BSMs. The current
request is only for the zone change and any GDP/SIP review would occur at a later date. It is
important to note that staff's and the Plan Commission's support of the zone change does not imply
support of the applicant's storage land use proposal as currently designed. Staff has informed the
applicant of concerns related to the proposal's land use and architectural elements. Staff and the
applicant will have to work to address these concerns prior to placing a potential GDP/SIP request
on a Plan Commission agenda.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the zone change from Business Park (BP) District to Business
Park with a Planned Development Overlay (BP-PD) District for the 3 parcels located at Jackson
Street and W. Fernau Avenue.
The Plan Commission approved of the zone change as requested. The following is the Plan
Commissions discussion on this item.
Site Inspections Report: Mr. Hinz, Mr. Perry and Ms. Propp reported visiting the site.
Staff report accepted as part of the record.
The applicant requests a zone change from the existing Business Park (BP) District to Business
Park with a Planned Development Overlay (BP-PD) District for 3 parcels (Parcel IDs
91519601801, 91519601802 and 91519601803) located at the northeast corner of Jackson Street
and W. Fernau Avenue.
Item - Zone Change — Corner of Jackson and Fernau
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 applicant requests the zone change from BP to
BP-PD to provide uniform zoning for all three parcels and to have the property zoned
appropriately for future redevelopment of the site. Staff is supportive of the request as the
proposed zone change will provide consistent zoning for the lot. As the lot no longer contains
residential uses and the 2040 Comprehensive Plan recommends Industrial land use, the
proposed BP-PD zoning designation is appropriate for the site. The proposed zoning
designation will be consistent with the zoning along Jackson Street to the south and serve as a
buffer between the heavy industrial uses to the east and the Jackson Street corridor to the west.
The zone change is the first step in the applicant's plans for the site. Once the applicant
combines the three parcels, he intends to seek approval for the construction of a storage facility
on the site. He said staff recommends approval of the zone change from Business Park (BP)
District to Business Park with a Planned Development Overlay (BP-PD) District for the 3 parcels
located at Jackson Street and W. Fernau Avenue.
Mr. Lyons clarified by approving this request, it is only to approve that the zone change is
consistent with the Comprehensive Plan. He said the Planned Development piece will be dealt
with at a later time.
Mr. Fojtik opened technical questions to staff.
Mr. Perry asked what the zoning was for the property to the east and if it was zoned with a
Planned Development Overlay.
Mr. Lyons and Mr. Wiley replied it is zoned Heavy Industrial with no Planned Development
Overlay.
Mr. Perry said he is aware of a current movement throughout the state in which Heavy
Industrial properties are requesting to be rezoned because the business is no longer recognized
by the original service for what it once served. He questioned if this were to occur in the area,
would rezoning this property create an island.
Mr. Lyons explained that the Business Park (BP) zoning is a hybrid commercial industrial
district with a Planned Development Overlay. He said a zone change to BP should not create
an island. He explained rezoning the Heavy Industrial property to the east could be
challenging because it is in the Industrial Park which has its own covenants and restrictions. He
reiterated he does not see an issue in the zoning code if it needed to be rezoned using the BP
zoning.
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.
Item - Zone Change — Corner of Jackson and Fernau
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 Ford to adopt the findings and recommendation as stated in the staff report.
Seconded by Hinz.
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 — Corner of Jackson and Fernau
SUBMIT TO:
AMCit of Oshkosh A �icq#IC?n Dept. of Community Development
pp 21.5 Church Ave., P.O. Box 1130
c" Zoning Map Amendment (Rezoning os►,kosh.w„54,10
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"PLEASE TYPE OR PRINT USING BLACK INK*"
APPtiCANIINFORMA 1QN
Petitioner: /' 1, Dote: Z0
Petitioner's Address: [ , TM tom' City: ►�+ State:_616tp! -
Telephone t#: ( )B04b —07V7 Email: contact preference: Ct Phone Email
Status of Petitioner (Please Check): Owner re totive Tenant Atrospective Buyer,
Petitioner's Signature (required): Date:
Owner(s) Address a '. , City.
Telephone ##;Yi .) ETTaaii:
Ownership Status (Please Check), individual 'trust Partnership ,-Corporation
Address/Locat on of Rezoning Request:
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Rezone property from-.
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Zoning Adlacernt to the Site:
■
sign Stab �� Date Rec'+d {�
REZONE LAKESIDE PACKAGING PLUS INC NOVA COUNSELING SERVICES INC
NE CNR FERNAU AVE & JACKSON ST 1040 BREEZEWOOD LN 3240 JACKSON ST
PC: 05-19-20 NEENAH WI 54956 OSHKOSH WI 54901
PINE APARTMENTS IV LLC
3389 COUNTY ROAD A
OSHKOSH WI 54901
CARRIE NICHOLSON
3168 JACKSON ST
OSHKOSH WI 54901
JERRY DUGGAN
3141 JACKSON ST
OSHKOSH WI 54901
JARED VAN LANEN
N1127 CRAFTSMEN CT
GREENVILLE WI 54942
B & P ORDER OF ELKS INC
175 W FERNAU AVE
OSHKOSH WI 54901
ROBERT MARTIN
4579 COUNTY RD N
OSHKOSH WI 54904
BRIAN WELKE
3185 JACKSON ST
OSHKOSH WI 54901
JJG WISCONSIN LLC
3305 FUJITA ST
TORRANCE CA 90505
WALTER G ENGLER REV TRUST
6331 COUNTY ROAD M
WINNECONNE WI 54986
LEE KIENAST
2131 LIN WAY CT
OSHKOSH WI 54904
TOWN OF OSHKOSH
1076 COZY LN
OSHKOSH WI 54901
i`JEr' Jl", .,EP,`I U 1E JI r
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.d.oshkosh.wi.us/GlSdisclai mer
N
1 in=0.09mi
1 in=500ft
Printing Date: 4/29/2020
Prepared by: City of Oshkosh, WI
A%
10
Oshkosh
i`JEr' Jl", .,EP,`I U 1E JI r
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
N
1 in=0.02mi
1in=100ft
Printing Date: 4/29/2020
Prepared by: City of Oshkosh, WI
Oshkosh