HomeMy WebLinkAbout11. 20-389 AUGUST 25, 2020 SEPTEMBER 8, 2020 20-373 20-389 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )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 2755
ALGOMA BOULEVARD
INITIATED BY: FOX STORAGE LLC
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 2755 Algoma Boulevard from Suburban
Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development
Overlay (SMU-PD).
PARCEL NO. 1200010500 -2755 ALGOMA BOULEVARD
LOTS 1 AND 2 OF CERTIFIED SURVEY MAP NUMBER 2555 RECORDED AS
DOCUMENT 804671, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 18
NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY,
WISCONSIN, PLUS PUBLIC RIGHT-OF-WAY ADJACENT TO SAID LOT TO THE
CENTERLINE OF ALGOMA BOULEVARD.
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
AUGUST 25, 2020 SEPTEMBER 8, 2020 20-373 20-389 ORDINANCE
FIRST READING SECOND READING CONT’D
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #20-389 APPROVE ZONE CHANGE FROM SUBURBAN MIXED
USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED
DEVELOPMENT OVERLAY (SMU-PD) AT 2755 ALGOMA BOULEVARD on August 25,
2020. This ordinance changes the zoning at 2755 Algoma Boulevard 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.
City
of
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons
Planning Services Manager
DATE: August 20, 2020
RE: Approve Zone Change from Suburban Mixed Used District to Suburban Mixed
Used District with a Planned Development Overlay for Property Located at 2755
Algoma Boulevard (Plan Commission Recommends Approval)
BACKGROUND
The subject site consists of one 2.55 acre parcel located on the west side of Algoma Boulevard,
north of W.Packer Avenue. The property currently has four existing personal storage buildings
and a retail building that is currently under raze orders as the roof is partially collapsed. The
surrounding area consists primarily of institutional and vacant land, including cemeteries to the
south and east.
ANALYSIS
The applicant plans to expand the existing personal storage facility use by adding a fifth (20
unit) personal storage building on the north side of the site along with additional pavement for
access to the storage units. The plans also include renovation of the damaged retail building for
office use in the front (east) portion of the building and three commercial
(sales/service/showroom) units in the rear portion of the building. The applicant is requesting
a zone change to add a Planned Development Overlay to the existing Suburban Mixed Use
(SMU) base zoning to allow for expansion/modifications to the legal nonconforming personal
storage facility use. Staff is supportive of adding the Planned Development Overlay as it will
allow flexibility of zoning ordinance standards for additions and improvements to the site.
RECOMMENDATION
The Plan Commission recommended approval of the zone change as requested at its August 18,
2020 meeting. Please see the attached staff report and meeting minutes for more information.
Respectfully Submitted, Ap oved:
Mark Lyon J41 Fitzpa 'ck
Planning Services Manager Assistant City Manager/
Director of Administrative Services
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1 130 920.236.5000 http://www.cl.oshkosh.wi.us
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ITEM: PUBLIC HEARING: ZONE CHANGE FROM SUBURBAN MIXED USE
DISTRICT(SMU) TO SUBURBAN MIXED USE DISTRICT WITH A
PLANNED DEVELOPMENT OVERLAY(SMU-PD) &APPROVAL OF A
GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION
PLAN FOR COMMERCIAL AND STORAGE USES AT 2755 ALGOMA
BOULEVARD
Plan Commission meeting of August 18, 2020.
GENERAL INFORMATION
Applicant: Fox Storage LLC
Owner: Tim and Anne Zillges
Action(s) Requested:
The applicant requests a zone change from the existing Suburban Mixed Use District(SMU)to
Suburban Mixed Use District with a Planned Development Overlay(SMU-PD). The applicant
also requests approval of a General Development Plan and Specific Implementation Plan for
reconstruction of a commercial building and expansion of a legal nonconforming personal
storage facility use.
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 site consists of one 2.55 acre parcel located on the west side of Algoma Boulevard.,
north of W.Packer Avenue. The property currently has four existing personal storage buildings
and a retail building that is currently under raze orders as the roof is partially collapsed. The
surrounding area consists primarily of institutional and vacant land,including cemeteries to the
south and east.
Subject Site
Existing Land Use Zoning
Retail&Storage SMU
Adjacent Land Use and Zoning
Existing Uses Zoning
North Vacant SMU
.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
South Institutional(cemetery) I
.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
East Institutional(cemetery) I
West I Vacant SMU
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Mixed Use
ANALYSIS
Zone Change
The applicant is requesting a zone change to add a Planned Development Overlay to the
existing Suburban Mixed Use (SMU)base zoning to allow for expansion/modifications to the
legal nonconforming personal storage facility use. Staff is supportive of adding the Planned
Development Overlay as it will allow flexibility of zoning ordinance standards for additions
and improvements to the site.
Use/Site Design
The applicant plans to expand the existing personal storage facility use by adding a fifth(20
unit) personal storage building on the north side of the site along with additional pavement for
access to the storage units. The plans also include renovation of the damaged retail building for
office use in the front(east) portion of the building and three commercial
(sales/service/showroom)units in the rear portion of the building.A Base Standard
Modification(BSM) is required for expansion of the personal storage facility use as it is not a
permitted use within the SMU District.
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PROPOSED SITE PLAN �Ip
Proposed site plan.
ITEM. Rezone&GDP/SIP 2755 Algoma Blvd 2
Staff is supportive of the BSM to allow for expansion of the legal nonconforming personal
storage facility use. The proposed use/site design was discussed at a Plan Commission
workshop on 6/11/20. Plan Commission voiced general support for the use and concept plan at
the workshop.
Parking&Access/Circulation
The site will continue to be accessed via a single driveway entrance from Algoma Boulevard.
The proposed site plan includes additional pavement on both the north and south ends of the
existing pavement for access to the new storage building and overhead doors on the back(west)
side of the commercial building.
According to the site plan, the existing parking/drive areas on the site extend into the front
(east), side (north/south) and rear (west) setback areas. Staff does not have concerns with the
proposed parking lot layout as the new and repaved areas will extend no further into existing
setback areas than existing. The total impervious surface ratio for the site is 66%,which is
under the maximum of 70%for the SMU district.
Siege
No new signage is being proposed.
Landscal2ing
The applicant has submitted a landscape plan that includes a combination of tall deciduous and
evergreen trees along the street frontage and deciduous shrubs along the front of the
commercial building. The proposed new storage building triggers the need for additional
building foundation and yard landscaping points for the site.
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ITEM. Rezone&GDP/SIP 2755 Algoma Blvd 3
Additional Points Required Additional PointsProvided
Building Foundation 179 12
Street Frontage 501 781
Yards 240 113
Total 920 793
Building Foundation
Code requires 40 landscaping points per 100 linear feet of building foundation. The provided
landscape plan shows 12 points along the front of the commercial building. With 448 linear feet
of building foundation shown for the new storage building, 179 building foundation
landscaping points are required. As the existing commercial building has minimal building
foundation landscaping,staff is recommending that the applicant have the option of providing
the points around the new storage building or existing commercial building or combination of
both.
Street Frontage
As the site is not being dimensionally expanded to the north or south, additional street frontage
landscaping points are not required by code. However, staff is recommending a condition that
street frontage landscaping be provided to meet current code requirement point totals to offset
the BSM to expand the legal nonconforming use.
Code requires 100 landscaping points per 100 linear feet of street frontage. The site has 501
linear feet of street frontage for a point requirement of 501 street frontage landscaping points.
The provided landscape plan shows a combination of(4)Black Spruce and (11) Red Maple trees
along the street frontage for a total of 781 points.
At the 6/11/20 workshop, the applicant provided a concept plan showing predominantly
evergreen trees along the street frontage. Plan Commission voiced support of the street
frontage evergreen trees as they would "break up" the view of the storage buildings. Staff is
recommending a condition that the required 501 street frontage landscape points be devoted to
medium/tall evergreen trees.
Yards
Code requires 20 yard landscaping points per 1,000 sq. ft. of gross floor area. The proposed new
storage building will be 4,800 sq. ft., requiring 240 yard landscaping points. The proposed
street frontage and building foundation landscaping points exceed the minimum by 113 points,
which can be contributed to yard landscaping points. The required additional building
foundation landscaping points will result in the 240 yard landscaping points being met,
provided 920 total points are provided for the site.
Storm Water Management
The plans for the site include a storm water pond on the north side of the property. The
Department of Public Works reviewed the plans and noted that the pond size may need to be
ITEM. Rezone&GDP/SIP 2755 Algoma Blvd 4
increased depending on modeling. This will be addressed and reviewed during the Site Plan
Review process.
Site Lighting
A photometric lighting plan has been included,which shows new wall pack light fixtures on the
commercial building and new storage building to meet the 0.4 fc lighting requirement for the
expanded pavement areas. The plan does not show lighting levels at the property lines,which
may not exceed 0.5 fc. Staff will verify this requirement is being met as part of the Site Plan
Review process.
Building Facades
According to the applicant, the renovated commercial building will consist of partial height
stone veneer (as existing) on the street-facing facade. The existing wood siding on the
remainder of the building will be replaced with vinyl siding with prefinished metal trim.
Roofing will be asphalt shingles or possible metal roofing similar to the storage buildings.
Alterations to existing buildings that do not impact the existing floor area are not required to
comply with current commercial building design standards, provided the materials match or
are substantially similar to the existing building design and materials. Staff does not have
concerns with the proposed building materials/design as the proposed materials will be
comparable to that of the existing building.
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PROPOSED BUILDING PERSPECTIVE
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PROPOSED BUILDING PERSPECTIVE
Renderings of renovated commercial building.
The exterior of the proposed new storage building will consist of vinyl siding, metal roof panels
and painted steel overhead doors which will match the materials of the existing storage
buildings on the site. Code requires 15%of street facing facades of storage buildings to be
devoted to Class I building materials. In this case, staff does not feel that it is necessary to
require Class I materials as the view of the street facing(east)facade of the new building will be
ITEM. Rezone&GDP/SIP 2755 Algoma Blvd 5
obstructed by an existing storage building and evergreen trees. Also, the new storage building
will be situated toward the rear of the site and will be consistent in appearance with the existing
storage buildings which do not provide Class I materials. Staff is supportive this BSM with a
condition that the new building shall match the materials and colors of the existing storage
buildings on site.
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.
Staff recommends approval of the rezone, General Development Plan and Specific
Implementation Plan with the findings listed above and the following conditions:
1. BSM to allow expansion of a legal nonconforming use (personal storage facility).
2. Minimum of 179 building foundation landscaping points shall be provided around the
new personal storage facility building and/or existing commercial building.
3. Minimum of 501 medium/tall evergreen tree landscaping points shall be provided along
the street frontage.
4. BSM to allow new personal storage facility building with less than 15%of street facing
facade devoted to Class I building materials.
5. New personal storage facility building shall match the materials and colors of the
existing storage buildings on the site.
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.Davey and Mr.Hinz reported visiting the site.
Staff report accepted as part of the record.
ITEM. Rezone&GDP/SIP 2755 Algoma Blvd 6
The applicant requests a zone change from the existing Suburban Mixed Use District(SMU) to
Suburban Mixed Use District with a Planned Development Overlay(SMU-PD). The applicant
also requests approval of a General Development Plan and Specific Implementation Plan for
reconstruction of a commercial building and expansion of a legal nonconforming personal
storage facility use.
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 requesting a zone change to allow
for expansion/modifications to the legal nonconforming personal storage facility use. The
applicant plans to expand the existing personal storage facility use by adding a fifth personal
storage building on the north side of the site along with additional pavement for access to the
storage units. The plans also include renovation of the damaged retail building for office use in
the front portion of the building and three commercial units in the rear portion of the building.
The site will continue to be accessed via a single driveway entrance from Algoma Boulevard.
The applicant has submitted a landscape plan. The proposed new storage building triggers the
need for additional building foundation and yard landscaping points for the site. According to
the applicant, the renovated commercial building will consist of partial height stone veneer(as
existing) on the street-facing facade. The existing wood siding on the remainder of the building
will be replaced with vinyl siding with prefinished metal trim. Roofing will be asphalt shingles
or possible metal roofing similar to the storage buildings. The exterior of the proposed new
storage building will consist of vinyl siding,metal roof panels and painted steel overhead doors
which will match the materials of the existing storage buildings on the site. 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.
Ms. Davey left at 5:45 pm.
Ms. Propp opened technical questions to staff.
There were no technical questions on this item.
Ms. Propp opened up the public hearing and asked if the applicant wanted to make any
statements.
Tim Zillges, 8699 Neuman Lane in Larsen, said there have been workshops related to this
request and he is available to answer any questions.
Ms. Propp asked if Mr. Zillges was satisfied with the conditions.
Mr. Zillges replied he was. He said he was a bit confused about the evergreens but if that is
what staff is recommending,he does not have a problem with it.
There were no other public comments on this item.
Ms. Propp closed the public hearing and asked if the applicant wanted to make any closing
statements.
ITEM. Rezone&GDP/SIP 2755 Algoma Blvd 7
There were no closing statements from the applicant.
Motion by Hinz to adopt the findings and recommendation as stated in the staff report.
Conditions:
1. BSM to allow expansion of a legal nonconforming use(personal storage facility).
2. Minimum of 179 building foundation landscaping points shall be provided around the
new personal storage facility building and/or existing commercial building.
3. Minimum of 501 medium/tall evergreen tree landscaping points shall be provided along
the street frontage.
4. BSM to allow new personal storage facility building with less than 15% of street facing
facade devoted to Class I building materials.
5. New personal storage facility building shall match the materials and colors of the existing
storage buildings on the site.
Seconded by Perry.
Ms. Propp asked if there was any discussion on the motion.
Mr. Ford thanked the applicant for working with Plan Commission through the workshops
because it has come a long way and it is a good project.
Ms. Propp agreed and said she appreciates the applicant and staff working together.
Mr.Hinz agreed with Mr. Ford. He said this was a great example of applicants working with
the city in order to move a project forward.
Ms. Davey returned at 5:48 pm.
Motion carried 8-0.
ITEM. Rezone&GDP/SIP 2755 Algoma Blvd 8