HomeMy WebLinkAbout10. 20-346
AUGUST 12, 2020 20-346 RESOLUTION
(CARRIED__6-0___LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE INDUSTRIAL PARK COVENANT UPDATES TO
ELIMINATE CONFLICT WITH UPDATED CITY ZONING CODE
INITIATED BY: COMMUNITY DEVELOPMENT DEPARMENT
GOEDC RECOMMENDATION: APPROVED
WHEREAS, the City of Oshkosh created Covenants for Industrial Parks in 1991
enforceable by CHAMCO and now Greater Oshkosh EDC (GOEDC); and
WHEREAS, the City of Oshkosh updated the Zoning Code in 2018, thereby
exceeding the requirements of Industrial Park Covenants; and
BE IT RESOLVED by the Common Council of the City of Oshkosh that the various
updates to the City of Oshkosh Industrial Park Covenants, per the attached, is hereby
approved.
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Allen Davis, Community Development Director
DATE: August 6, 2020
RE: Approve Industrial Park Covenant Updates to eliminate conflict with Updated City
Zoning Code
BACKGROUND
In 1991, the City created Covenants for the Industrial Parks, and the requirements of the Covenants for
elements such as landscaping, setbacks, off-street parking, and outdoor storage were stricter than the
City Zoning Code at the time. These Covenants were enforced by CHAMCO, and now Greater
Oshkosh EDC (GOEDC). The City updated the Zoning Code in 2018, and the new,updated Zoning
Code exceeds the requirements of the Covenants. GOEDC has suggested that the Covenants be
updated to eliminate the conflict and confusion two sets of codes would present for the property
owner. GOEDC Industrial Development Committee recommends approving the updates. As a current
property owner, the City can approve or deny the proposed changes.
ANALYSIS
The first change is to directly reference GOEDC instead of CHAMCO for Covenant administration.
The second change is to remove the old Aviation Industrial Park since the park is built out. The other
changes relate to the Zoning Code conflicts. The GOEDC staff worked with City staff to make the
covenants as uniform with the Zoning Code as possible. The proposed updates would still need to be
approved by a majority of the property owners in the Industrial Parks. GOEDC is planning a meeting
for all the property owners to take action on these proposed updates in 2020.
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDATION
The Council approves the Industrial Park Covenant Updates as proposed.
Submitted, Approved:
ul!
Allen Davis John Fitzpatrick
Community Development Director Assistant City Manager
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1 130 920.236.5000 htip://www.ci,oshkosh.wi.us
COVENANTS AND RESTRICTIONS
REGARDING
CITY OFOSHKOSH INDUSTRIAL PARKS
These covenants apply to all lots created and/or sold
after July 1, 1991. Lots sold prior to July 1, 1991 are
subject to Covenants in force at the time of such sales.
COVENANTS AND RESTRICTIONS REGARDING
CITY OF OSHKOSH INDUSTRIAL PARKS
L GENERAL PURPOSES AND CONDITIONS
The real property conveyed hereby, being a part of the North, Northwest, South, and Southwest
Industrial Parks, and Oshkosh Aviation Industrial Park, is subject to the conditions, covenants,
restrictions, easements and protections hereby declared to ensure proper use and appropriate
development and improvement of each building site thereof; to protect the environment in this
planned industrial park; to guard against the erection thereon of structures built of improper or
unsuitable materials; to ensure reasonable development of said property and locations thereon of
buildings;to control the development of said property as an industrial park including, but not
limited to,proper setbacks from the street, adequate free space between structures, adequate
parking, and in general, to provide for a high quality of improvement on said property,to ensure
that each building site will not adversely affect the general plan for physical development of the
industrial park nor adversely affect the health or safety of residents or workers in the area nor be
detrimental to the use or development of other properties in the industrial parks.
Il. LAND USE
Properties located within the North,Northwest, South and Southwest, and Oshkosh n.vibe,.
Industrial Parks shall be in conformance with the following standards.
A. NORTH INDUSTRIAL PARK
(1) Permitted Uses:
(a) Manufacturing, warehousing and distribution activities in general
compliance with the City of Oshkosh Zoning Ordinance.
(b) Said property may be occupied and used by firms engaged in the
construction business classification; provided, however, that no
outdoor storage of construction materials or equipment will be
permitted for such use notwithstanding provision of Section VIII of
these Protective Covenants. The construction contracting business
shall not include any use which involves the wholesale or retail sale
of construction materials or equipment.
(2) Prohibited Uses:
(a) Abattoirs
(b) Acid manufacture
(c) Cement, lime, gypsum, plaster of paris manufacture
(d) Drop forge
(e) Explosive manufacture or storage
(f) Fat rendering
(g) Fertilizer manufacturing
2
(h) Garbage, rubbish, offal or dead animal reduction or manufacture
(i) Glue manufacture
0) Junk yards
(k) Petroleum refining
(1) Smelting of ferrous and non-ferrous metals
(m) Stockyards
(n) Tannery
(o) Commercial
(p) Service
B. NORTHWEST INDUSTRIAL PARK
(1) Permitted Uses:
(a) Manufacturing, processing, warehousing, and distribution
activities in general compliance with the City of Oshkosh Zoning
Ordinance.
(b) Other land uses may be considered for approval bye
Iw—.Greater Oshkosh EDC if a determination is made that the project
fits the development objectives of the City and r+h.,,,.ee, ine Greater
Oshkosh EDC.
(2) Prohibited Uses:
(a) Commercial and service related uses unless approved per
paragraph B(l)(b) above.
C. SOUTH INDUSTRIAL PARK
(1) Permitted Uses:
(a) Manufacturing, warehousing and distribution activities in general
compliance with the City of Oshkosh Zoning Ordinance.
(b) Said property may be occupied and used by firms engaged in the
construction business classification; provided, however,that no
outdoor storage of construction materials or equipment will be
permitted for such use notwithstanding provision of Section VIII of
these Protective Covenants. The construction contracting business
shall not include any use which involves the wholesale or retail sale
of construction materials or equipment.
(2) Prohibited Uses:
(a) Commercial and service related uses.
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;1. S ►v�rrr;;rE ST- IND ST17 I A r PARK 1?TI Areas Fronting en_U.S.C rs,,,,, 44
Street,Between Washbum Street and Unive*Vsa-]
and between Univer-sal Street-
!i l Denni+te d r ses�
er-eiin� rn' srac��fEE?real estate,
v
(2) Pr-ehib ite Uses
(a) Abatteifs
(e) Cement, lime, gypsum, plastef ef par-is manufaetufe
Cal
Drop f4ge
(e) Explosive or starage
rf1 Fat r n dering
Fertilizer-ertil:zar mar„ £etufing
(h) Garbage, rubbish, offal or-dead animal r-edttefien er- manufaettife
junk yards
0)
rlr\ Doty-Ite11 A; rof4ning
m smeiting Of feffe ,r and „el, fofreus mauls
Steekyafds
(a) Tanner-y
E I). _SOUTHWEST INDUSTRIAL PARK Pr-e ,art. not Othei-, ise identified
Abev
(1) Permitted Uses:
(a) Manufacturing, warehousing and distribution activities in general
compliance with the City of Oshkosh Zoning Ordinance.
(2) Prohibited Uses:
(a) Abattoirs
(b) Acid manufacture
(c) Cement, lime, gypsum, plaster of paris manufacture
(d) Drop forge
(e) Explosive manufacture or storage
(f) Fat rendering
(g) Fertilizer manufacturing
(h) Garbage, rubbish, offal or dead animal reduction or manufacture
(i) Glue manufacture
0) Junk yards
(k) Petroleum refining
(1) Smelting of ferrous and non-ferrous metals
(m) Stockyards
(n) Tannery
(1) Per- :tted T se&.
rt, w AV HU'„L., and distribution aefivifies in b
eneFal
eamplianee with the City of Oshkosh Zoning Ordinance.-
(1 ) Said property may be eeeepied ,.) used b firs, v g gee in the
eenstrue4ieft business On
e n
however-, that tie
„t, oer- sterage ,.f,enstfuetio materials „t will be o �
shall t : lede n use „high ; lyes the wholesale ., ret.,il Yale
t l,r�Gtill JR1�i
of e str et,.'A materials or-equipment.
q ip Sent
f '
(a) n:.�nd ser-Fiee-rested uses.
III. ARCHITECTURAL AND DESIGN CONTROLS
A. BUILDING MATERIALS
(1) Any building constructed on the site within the Oshkosh Industrial Parks
shall be of a masonry construction, enameled steel, steel frame or the
equivalent thereof or better.
(2) "Pole Building" construction is prohibited in all Industrial Parks, otherthan
the Northwest Industrial Park.
(3) The color and design of buildings located within each Industrial Park should
be consistent with adjacent structures. The use of colors which emphasize
earth tones, such as brown, tan or similar colors, are suggested.
(4) Fronts of buildings may be required to be improved with decorative masonry,
glass, metal panels, etc. The "front" of the building shall be determined by
Ch;4 0-,f4 Ine7Greater Oshkosh EDC, and be based, in part, on the location of
the primary entrance into the site.
B. T A NDSC A T]TAT9
(1) All epen areas of any Wt not used for-pafk nn driveways or stet:age, ..hall l�
1 ,l . ped with trees 1, b b ,1 plaRle l ground cover.
, , vriir�»aAu N,ui,wu Srvu,au v.�,....
5
0
eamI•.' r' F trees, shrubs,_ber-ms d planted ground
!3\ TAT b of-Plant Materials Re quFrtlu
site, +h fell number- of plant materials shall_be provided .,
luny AF c=s�y
indieated below.
uuy ly,. for ..,..a j i.,.,.i .,a.,..>a,»....
000)
asq. A. of total building floof area.
boil
5
btiildiW.
/ \ With Ch ' approval, tl mbinn4ion ofplant materials 1wJ be
proposed that varies the type and quantity of plant matefials listed in
(3)( Lt !d\ .,1, , l,ding th + + 1 4 f lnn.dnnanlnh
\=7CAT)� e, '� vuldc V1 u.14.,4ur1L15
.bieyo the level required 1., this noc.4'
(-J j Mznmumz-or-rzcrrdsxiiga
\ O +ery d d . 1 1 17 ' 1, ,..,t i�,,,r
1LTRVAiJ. i ;,� 11Ly.a..K.al.,,..a.
1 Cl,r,.l .18 i r"
\ Ornamental trees• 1 1 I'7 inch no Lper
.
I21 A,lr.i...+tl.,r nee Dr.linrr
it is the respensibility the pr-opefty awner-to ensure AA F1.41 the
t4. 4 tl,
y
r-eplaeean), damaged o. . . .d trees, . ,.»b,, groundoever-s and
soddifig within twelve (12) months, n cav tif:nti by�'h
j
T���, e yn
1['tom
T3\ All I d , g trtln+ + , Il be fully implemented within twelve
(12) months of o6eupanoy.
i & industrial Park_lets 1 r d mod' ,+4 4, ido ri.,l ,,,d
avyuayu u J...vviLa av residential »aa...
6
(1 A. ,-tin of industrial al Aafk let leeaterl adja
� u.,....�,,.�GGvvxi G
l..ndseane t..e..tment ; t ,tha,ir areas
aeeer-danee with the density provisions setfet4h in the
&ttaehed "Sehedule
(a) Faf industrial Park Lots Leeated in the Nai4hwest industrial
pftrlE
Fe..the ,.the,. industrial Dafks eewr-ed by these
cCovenmirrChamee, ine more intensive
lnrerlc.oape +r a4.v, n4 than that aetf..rh in this Seel r.,-.
ramT4: ON CTT7~ T TTI TTiEs
Eleetrieal extension and sefviee shall be installed as aH underground faceilit), from the
street fight E)f way, or Wiseensin Publie Serviee Cor-pefation easement, to the
Wilding.
TTT SETBACK AND LOT AREA T]EQ TTT?L'AifRNTC'
Ti T7TTTT TING SETBACK(DTI REQUIREMENTS
TTC'
(3) Fr-of,t VaFA
(a) No building shall he a .,strueted on a site „ ,-than f fly (0)
the tight of way of any publie stfeet er-highvh-ty-.
(a) EXCEPTION 1 ; TAT.-. building shall be .... »..`.te Hearer.
than seventy (70) fl.ef the right of way of W.
,•..Tnk ,K") within the C',�.,.thwest_l ,�nds+,.;al Da.•L
z
(a) EXCEPTION ! No building shall be-eanstr-eeted ea-A ss:.e in the
TG i....tt,. st T....,1. at.. a1 Par-k ,.h;ah is nearer-than t., 4y (20) # of the
,ht of, of any ...,hlie st„eet in the ease of eor-IIC�I ne,. lots,is
I , AV
building shall be eanstrueted within the designated setbaek of both-
1. tting ,. hl streets in the .,t that a site ,.1,1 ah.,4 .,
iiv'TicL'IiC�7R'OZIC.�ITGGT.T.'1T1rCtCb event �i.u� uii�r ..,...v ..v.a.,.. .sva..4...
residential of eemmer-eial use, no btiilding shall be eloser-than twenty—
(25) A. f:•om the ,-,,.hl:e .• ..ht of way.
7
( �r 3) Side vd
�7
( ) Minimum side yards shall be twenty five (25) ff i the event that
+ adliaining sites shall be owned by the grantee and iieam tl,e
ifflproyefnent of Slir ']A;
be ereeted on these
b,' dsites, then the side rd r .+t� the nt r lineL.
ZJAA 4A14 iLik4i1ivL LLLLyJ
wed
(a) EV!-`E'DTT(IN 1 Minimum n:rle yu;'ds ::the Northwest industrial
Park shall be t (1 0) A. i h event that . site would abut Auc uiLy JLk4 .,�....L..L ...�,�+� ...
residential or eommefeial use, no building shall be eanstrueted less
th twenty (20) n f«em the prepert„ line oft the r.dinneL,r site
Varianees to this requifefnent shall only be pefmitted when the
gran+n implements a more nteni,iye lnrrse G1a 1g plan al vig the Jade
(3) Dmnr Yard
(a) Nfiiiifattm reaf yards shall be twee:y (20)#
!n\ MCEDTION L. Min r yards in the Northwest industrial
Park shall be fifteen f 1 G\ f+ in the event tb,nt n site , ,1,1 be„t
,y vYV k,Lµ LiVµ4 µ
fesid2aiiiuz vrE@ er-eial use,no building_shall be eonstrurated less
tb,.,.,, twenty fiVe (25) ff fr-Of the P-nnerty line of the djae._.r.t site.
rn4 uu�uyyaak uF c4.
Varianees t thisrequirement shall n!), be pefmitted when*h
grantee implements a mare intensive landseaping plan aleng the rear
yard rG`a?n TL, and the City of Oshkosh ro o sure n
r.' CVJaa approve Y 4 JUVaa U
request'
B. LOT SIZE MINIMUM
B. MAXIMUM LOT COVERAGE
r7i• OT
f?1 Cic.ty (60) r o„t for- 11 b,,.ildings
�7 zc avA uLL L.caLLc..aaa�J.
TTT OFF STREET DA7?KIi\T!'`REGULATIONS
B. Suffieient f street rlr ng shall be ,.idled- f`..r ear le east-offier-S "d visiters.
!2\ Total par-king cy�a _ b+s ll b b,,, � �a
f one dfe n . hly r1 80) r..
z
CST
r-e
l..,t :t iim,�m t e anywhere i, the i,t in the minimum
(3) Parking shall be provided along the sides and rear of the building wherever-
... , • 1.1�riaiai�v� v=^Nc.•a. a..� .aia
front yaf d.
(3) All par-king areas and drives leeated to the sides, r-eat:and front of any
building shall be improvedTwith eenefete, asphalt
sphIt or-equivalent, , l,;ti t t„ elye
f:•,-.w,(l 2) manths the time of eeettpaney f the building improvement
ail.e t
li i�i v v viii�ia�.
een trueted , the site.
(a) Pafking areas in the Nafthwest industrial Park shall be maintained
a dust free mamer and must be properly drained. Sea! eeating, ehip
and tar-, and ethef low eest methods of ebtaining a hard sur-f-aee may
be. used ;f in eempliance with the C=4y of Oshkesh '7.,i,ing !1«,l;i,.,ne
y
the minimum ftent yafd shall be defifled as
i right—
of way 6f T . in�t, n 3{vnue (County Runk + ") iTrthC-Southwest�inn cist,r.r;a��tr
Park; or
(3) N than f;,Ay film f+ of right of.. of tl,ef pub lie sti-eeter
�� 'vY uaa� vc v t.
highway.
M. OFF cTrv>~>~T LOAD-,IN
9. A designa4ed maneuver-ing area shall be es4ablished within the diffiensions of the site,
and in abser-vaftee of tl+e o l lv,.l iiirvnivi,t.,.
B. All leading and maneuvering afeas shall be entifely eon4ained on site and behind the
propefty line. No vehiele shall be allewed to proirade beyend the prepei4y line while-
leading or-unleading.
IV. SIGNS
A. Billboards are not permitted.
B. Advertising signs identifying the name, business and products of the person orfirms
occupying in the remises traffic directional signs, sales and identification signs for
premises, g g
each Industrial Park shall be permitted in accordance with the City of Oshkosh
Zoning Ordinance.
C. Signs shall not be larger than seventy-two (72) sq. ft., nor maintain a height higher
than six (6) ft.
9
„L.:f..,.f.. .l ,l:fs: `.�fti.Q mnin nfrxnfi irn_
W. OUT-POOR STORAGE A-�4D DISPLAY
C. No ouideer storage of any kind shall be permiRed unless stieh storage ffiffter-i
(0) Sereening shall be a4raeti mee and in keeping with
ra..
V. APPROVAL OF PLANS
Before commencing the construction or alteration of any buildings, additions, enclosures,
fences, loading docks, parking facilities, storage yards, or any other structures or permanent
improvements on or to the real estate conveyed hereby, the Grantee shall first submit its
building plans, specifications, site and landscape plans, utility easements, and an elevation
sketch of all improvements to be placed thereon to Chat eo, T~e.Greater Oshkosh EDC for its
written approval.
Ct,a mee lar.Greater Oshkosh EDC shall approve or disapprove, in writing, such building
plans, specifications, site and landscape plans, utility easements and elevation sketch within
thirty (30) days after they have been submitted to Chatnee, T~.Greater Oshkosh EDC At
such time as ChaY,.ee, ine-.Greater Oshkosh EDC desires to relinquish its authority under
these Covenants, said authority shall inure to its successors or assigns. Chat ee, ine.Greater
Oshkosh EDC, or the Lessor, reserves the right to construct utility lines overhead and utility
lines, pipes and conduits underground through an area of not more then ten (10) ft. in width
across the real estate covered by this instrument and the Grantee or Lessee agrees to execute
any and all instruments necessary and reasonable for the further development of these Parks,
including the granting of easements of not more than thirty (30) ft. in width for future
railroad tracks and sidings, gas, water, sewerage,telephone, entrance and access roads and
electrical lines, provided that no such area or easement shall interfere with any building
planned for or constructed on the said real estate bythe Grantee or Lessee.
VI. COMMENCEMENT AND COMPLETION OF CONSTRUCTION AND
REPURCHASE OPTIONS
These Protective Covenants are in addition to City of Oshkosh Zoning Ordinance and
Building Code requirements. Any project must comply with all applicable City Zoning and
Building requirements. Grantee agrees to commence in good faith the construction of the
building and site improvements, duly approved in accordance with Section IX hereof,_
twelve 12 months from the date of the deed to which these Protective Covenants are
attached or incorporated in by reference and substantially complete same within a
reasonable time thereafter. If, after the expiration of said twelve (12) months, the Grantee
shall not have begun in good faith the construction of an acceptable building upon said
property, Chamee, T~".Greater Oshkosh EDC shall have the option to refund the purchase
price and enter into possession of said property. In the event any owner of land lying within
any Oshkosh Industrial Park shall desire to sell all or any part of the land which at the time
is unimproved, owned in such Park separate and apart from the improved portion of the tract
owned, then Chamea, i~^.Greater Oshkosh EDC shall have the prior right and option to
purchase the unimproved premises
10
proposed to be sold, at the same price per acre paid by the owner of said land when
originally acquired from Ch mee, lac—.Greater Oshkosh EDC and prior to any sale of such
premises, the owner of such tract, his successors or assigns shall notify Chat nee, hie Greater
Oshkosh EDC in writing of his intention to sell, describing the premises to be sold, and
rhamee T"^.Greater Oshkosh EDC shall have sixty (60) days from the date of receipt of
such notice to exercise its option.. In the event of acceptance of such offer liens or
encumbrances created by act or default of purchaser. In the absence of written notification
sent by Chamee, lne.Greater Oshkosh EDC of its election to exercise said option, such
owner shall be free to sell such premises to any person, firm, or corporation and at any price
deemed desirable by such owners. Any subsequent use of said land must be in full
compliance with applicable Zoning Ordinances, restrictions and regulations of the City of
Oshkosh, and these Protective Covenants.
VII. ENFORCEMENT AND INVALIDATION
In the event Grantee violates any of the terms or conditions hereof and fails to cure same
within thirty (30) days after the receipt of written notice from Cha..,.,ee, rr^.Greater Oshkosh
EDC to do so, then'-Cameo, !ne Greater Oshkosh EDC hereby expressly reserves the right,
privilege and license to enter upon the premises and take any action to cure such violation
and all reasonable cost thereof shall be at the expense of the violator. In addition, Chamee,
Greater Oshkosh EDC may pursue any other legal remedies available to it to enforce the
Covenants and restrictions setforth herein. With the exception of the time limit for action by
Chamee, 1"^:Greater Oshkosh EDC, the failure of Chamee, 1ne.Greater Oshkosh EDC or
any property owner to enforce any restriction herein contained, shall in no event be deemed
to be awaiver of the right to do so thereafter nor of the right to enforce any other restriction.
The invalidation of any one of the Covenants or Restrictions herein setforth or in failure to
enforce any of said restrictions at the time of its violation, shall in no way affect any of the
other restrictions nor be deemed a waiver of the right to enforce the same thereafter.
VIII. VARIANCES
Notwithstanding anything herein contained to the contrary, Chameo, 1ne.Greater Oshkosh
EDC expressly reserves the right at any time and from time to time authorize variances from
the strict application of these Protective Covenants and Restrictions or any or one or more of
them where the circumstances, in its sole and exclusive judgment,justifies the granting of
same. Any variances hereunder shall be in writing and executed by an authorized officer of
wee 1 Greater Oshkosh EDC No variance which allows a prohibitive use under
Section 1I shall be effective until said variance has been submitted to the Common Council
who shall have the right at its next succeeding meeting following said submission, to veto
the variance granted by '' hamee, l .Greater Oshkosh EDC.
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IX. TERMS AND AMENDMENTS
These Protective Covenants shall continue in full force and effect until January 1, 2000 and shall be
thereafter renewed for successive ten (10) year terms unless the Protective Covenants and
Restrictions are terminated by the Common Council, City of Oshkosh,prior to the expiration of the
initial or renewal terms of the Protective Covenants and Restrictions; provided, however,that these
Protective Covenants and Restrictions may be altered or amended by Cr,.,,,ee, lne.Greater Oshkosh
EDC or its successors in interest and the Grantees owning a majority of land in the North,
Northwest, South and Southwest Industrial Parks (determined by ownership of land revisions
thereof and adjacent land owned by the City of Oshkosh which is held for industrial development or
industrial parkpu>poses), by written declaration, signed and acknowledged and recorded in the
Register of Deeds Office, Winnebago County, Wisconsin, or such other place as shall be
appropriate from time to time to accomplish the purpose thereof.
:indus park covenants
1/1991;revised 6/91�
revised 8118
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