HomeMy WebLinkAbout22. 22-60JANUARY 25, 2022 FEBRUARY 8, 2022 22-37 22-60 ORDINANCE
FIRST READING SECOND READING
(CARRIED________LOST________LAID OVER________WITHDRAWN___X_____)
WITHDRAWN BY PETITIONER
PURPOSE: APPROVE ZONE CHANGE FROM SUBURBAN MIXED USE
DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A
PLANNED DEVELOPMENT OVERLAY (SMU-PD) FOR
PROPERTY LOCATED AT 2885 ALGOMA BOULEVARD
INITIATED BY: GC OSHKOSH HOLDINGS, LLC
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-
387 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 30-387 of the Oshkosh Municipal Code pertaining to
Zoning Districts and the map therein described is hereby amended by changing the
district character of the property located at 2885 Algoma Boulevard from Suburban
Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development
Overlay (SMU-PD).
BEING ALL OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 2817 RECORDED AS
DOCUMENT NUMBER 856761, WINNEBAGO COUNTY REGISTER OF DEEDS,
LOCATED IN THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 10,
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO
COUNTY, WISCONSIN. ALSO INCLUDES ADJACENT ½ OF RIGHT-OF-WAY OF
ALGOMA BOULEVARD.
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 #22-60 ZONE CHANGE FROM SUBURBAN MIXED USE
JANUARY 25, 2022 FEBRUARY 8, 2022 22-37 22-60 ORDINANCE
FIRST READING SECOND READING CONT’D
DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED
DEVELOPMENT OVERLAY (SMU-PD) FOR PROPERTY LOCATED AT 2885 ALGOMA
BOULEVARD on February 8, 2022. This ordinance changes the zoning of the property
located at 2885 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 Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons, Planning Services Manager
DATE: February 3, 2022
RE: Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban
Mixed Use District with a Planned Development Overlay for Property Located at
2885 Algoma Boulevard
WITHDRAWN
On February 2, 2022 Planning Division staff received a formal request from the applicant to
withdraw pending ordinance 22-60. Please see the attached letter.
Respectfully Submitted, Approved:
Mark Lyons Mark A. Rohloff
Planning Services Manager City Manager
Terry Abraham
1720 River Mill Road
Oshkosh, Wl 54901
February 2,2022
Re: Property located at 2885 Algoma Blvd
To: Planning Commission and Common Council
I want to start by thanking you all for the work that you have done related to my request for zoning
change for the above mentioned property.
I have to request that my application be withdrawn as the Oshkosh Area Humane Society has decided to
sell the property to another party.
Thank you again and hopefully I can find another suitable property to my proposed project.
Regards,
,/O e/,
Terry A. Abraham
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons, Planning Services Manager
DATE: January 20, 2022
RE: Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed
Use District with a Planned Development Overlay for Property Located at 2885 Algoma
Boulevard
BACKGROUND
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 subject area consists of a
predominantly vacant lot, with an existing cell tower near the southwest corner of the lot. The site is
approximately 2.4 acres in size and zoned Suburban Mixed Use District (SMU). The surrounding area
consists of vacant/undeveloped land as well as industrial uses to the north and Lake View Cemetery to
the east. The 2040 Comprehensive Land Use Plans recommends mixed use for the subject area.
ANALYSIS
The applicant is requesting a zone change from the existing Suburban Mixed Use District (SMU) to
Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). This request is intended
to allow for a proposed light industrial/storage use as well as provide some flexibility to the zoning
ordinance to accommodate the proposed development. The applicant has submitted preliminary plans
for development of the property, which will be addressed as General Development Plan (GDP) review
to follow.
A Plan Commission workshop was held on December 7, 2021, with Plan Commission voicing support
for the proposed rezone and land use. Staff recommends approval of the proposed rezone as it will assist
redevelopment of the site and provide further review to mitigate potential impacts on neighboring
properties.
RECOMMENDATION
The Plan Commission recommended approval of the zone change on January 18, 2022. Please see the
attached staff report and meeting minutes for more information.
Respectfully Submitted, Approved:
Mark Lyons Mark A. Rohloff
Planning Services Manager City Manager
ITEM: PUBLIC HEARING: ZONE CHANGE FROM SUBURBAN MIXED USE
DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A
PLANNED DEVELOPMENT OVERLAY (SMU-PD) AND APPROVAL OF A
GENERAL DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 2885
ALGOMA BOULEVARD
Plan Commission meeting of January 18, 2022.
GENERAL INFORMATION
Applicant: Terry Abraham
Property Owner: Oshkosh Humane Society
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 General Development Plan for a light industrial/storage development.
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 a predominantly vacant lot, with an existing cell tower near the
southwest corner of the lot. The site is approximately 2.4 acres in size and zoned Suburban Mixed
Use District (SMU). The surrounding area consists of vacant/undeveloped land as well as
industrial uses to the north and Lake View Cemetery to the east. The 2040 Comprehensive Land
Use Plans recommends mixed use for the subject area.
Subject Site
Existing Land Use Zoning
Vacant SMU
Recognized Neighborhood Organizations
None
ITEM III: Rezone & GDP 2885 Algoma Blvd 2
Adjacent Land Use and Zoning
Existing Uses Zoning
North Industrial SMU
South Vacant SMU
East Cemetery I
West Vacant SMU
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation Mixed Use
ANALYSIS
Zone Change
The applicant is requesting a zone change from the existing Suburban Mixed Use District (SMU)
to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). This request is
intended to allow for a proposed light industrial/storage use as well as provide some flexibility to
the zoning ordinance to accommodate the proposed development. The applicant has submitted
preliminary plans for development of the property, which will be addressed as General
Development Plan (GDP) review to follow.
ITEM III: Rezone & GDP 2885 Algoma Blvd 3
A Plan Commission workshop was held on December 7, 2021, with Plan Commission voicing
support for the proposed rezone and land use. Staff recommends approval of the proposed
rezone as it will assist redevelopment of the site and provide further review to mitigate potential
impacts on neighboring properties.
Use
The applicant is proposing a light industrial/storage building and associated parking for the site.
According to the applicant, the 12,000 sq. ft. building will be split into a maximum of four
sections. One section will be utilized by the applicant for a storage/maintenance shop. The
remainder of the building will be for long term lease of light industrial or contractor units. Light
industrial and indoor storage land uses are not permitted within the SMU district. With approval
of the rezone, the applicant is requesting a base standard modification (BSM) to allow the
proposed light industrial/indoor storage land use.
Staff is supportive of the proposed BSM as it will be compatible with surrounding land uses.
Specifically, the neighboring property to the north has a light industrial use (Cal-Ray Inc.) and the
land uses further to the north are predominantly industrial uses. There is also an existing
personal storage facility approximately 500’ to the south of the subject property. The proposed
use is consistent with the 2040 Comprehensive Land Use Plan of mixed use for the area. Staff is
recommending a condition that the BSM be offset by exceeding code requirements for
landscaping and/or architectural standards. This will be addressed as part of the SIP request.
Site Design
The site plan shows 21 parking stalls. The proposed number of parking spaces meets the code
minimum of 1 space per each employee on the largest shift and is under the maximum of 25
spaces. The proposed building and parking lot meet setback requirements for the SMU district.
Signage
ITEM III: Rezone & GDP 2885 Algoma Blvd 4
Sign renderings were not included with this request and will be addresses as part of SIP review.
Landscaping
A landscape plan was not included with the submittal. The SIP submittal will need to include a
final landscaping plan providing points for building foundation, paved areas, street frontages,
and yards. The applicant will need to meet all landscaping requirements or apply for base
standard modifications. Staff is recommending that the applicant exceed landscaping point
requirements to offset the requested BSM for the light industrial/storage land use.
Storm Water Management/Utilities
The Department of Public Works has reviewed the plans and noted that storm water treatment
requirements from Chapter 14 of the Municipal Code shall be met onsite. This will be addressed
during the SIP and Site Plan Review processes.
Site Lighting
A lighting plan has not been submitted. Final lighting plans will be required to be submitted as
part of the SIP request.
Building Facades
Building elevation plans were submitted with this request. The plans show a combination of
metal panels, brick veneer, and split-face CMU for the building exterior. The applicant will need
to increase the class I material allotment to 15% for the front (east) façade and include at least 15%
class I or class II materials for all other facades. The applicant will need to enhance the elevations
to meet or exceed requirements. This will be address addressed during the SIP phase.
ITEM III: Rezone & GDP 2885 Algoma Blvd 5
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.
(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.
(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
exceptions/base standard modifications variation of any standard or regulation of this
Chapter.
Staff recommends approval of the Rezone and General Development Plan with the findings listed
above and the following conditions:
1. BSM to allow a light industrial/storage use in the Suburban Mixed Use District (SMU).
ITEM III: Rezone & GDP 2885 Algoma Blvd 6
2. Final landscaping plan shall exceed minimum point requirements and/or final building
elevations shall exceed minimum class I material percentage, and be addressed as part of
the SIP request.
The Plan Commission recommended approval of the rezone and general development plan on
January 18, 2022. The following is their discussion on the item.
Site Inspections Report: 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 Suburban Mixed Use District (SMU) to
Suburban Mixed Use District with a Planned Development Overlay (SMU-PD).
Mr. Slusarek presented the item. The subject area consists of a predominantly vacant lot, with an
existing cell tower near the southwest corner of the lot. The site is approximately 2.4 acres in size
and zoned Suburban Mixed Use District (SMU). The surrounding area consists of
vacant/undeveloped land as well as industrial uses to the north and Lake View Cemetery to the
east. The 2040 Comprehensive Land Use Plans recommends mixed use for the subject area. This
request is intended to allow for a proposed light industrial/storage use as well as provide some
flexibility to the zoning ordinance to accommodate the proposed development. The applicant has
submitted preliminary plans for development of the property, which will be addressed as
General Development Plan (GDP) review to follow. A Plan Commission workshop was held on
December 7, 2021, with Plan Commission voicing support for the proposed rezone and land use.
Staff recommends approval of the proposed rezone as it will assist redevelopment of the site and
provide further review to mitigate potential impacts on neighboring properties.
Kyle Frye, Architect representing CR Meyer, and Terry Abraham, 1720 River Mill Rd, made
themselves available. Mr. Frye said the landscaping will be worked on and they will make sure to
add points. He asked Plan Commission if they were able to discuss the SIP and what expectations
they would have or if that would be an offline discussion.
Mr. Lyons said that he could ask that of Plan Commission now or work it through with staff.
Mr. Frye asked if the landscaping and the class 1 materials were the main focus so far.
Mr. Lyons said that is correct.
There were no public comments on this item.
Mr. Perry closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
ITEM III: Rezone & GDP 2885 Algoma Blvd 7
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Mitchell.
Ms. Propp stated that she hoped the landscaping element will be along the east elevation because
it looks sparse.
Mr. Frye said that is the plan and it will be handled by a separate organization, Martenson and
Eisele.
Motion carried 7-0.
Planned Development/Rezoning Narrative
The development on Parcel ID 1200010800 Plan Number 2817 Lot 2, just south of the address
2895 Algoma Boulevard, is currently zoned as Suburban Mixed-Use (SMU) and a Planned Development
overlay is being requested, along with a rezone to Urban Industrial. The project’s structure will be split
into a maximum of four sections with one being reserved for Mr. Abraham as a storage/maintenance
shop. The intent for the remainder of the building would be for long term lease of light industrial or
contractor units. The main need for a Planned Development overlay is to allow for the light industrial for
the tenants and the personal storage use by Mr. Abraham. Another reasoning for the Planned
Development overlay is to request an approval of presented parking layout. With the possible different
occupancies, there is a planning challenge in parking layout. The ideal situation and maximum parking
requirements, would leave one storage/maintenance shop occupied by Mr. Abraham, used as a non-
commercial space. Along with a light industrial occupancy with effectively one employee. The other two
usages would operate under a commercial usage requiring one parking space per 300 square feet. The
gross floor area of these two spaces would be 6,000 square feet, requiring 20 total parking slots. The
parking design accommodates these occupancies.
The plot has dozens of trees that lay north and west of the existing cell tower on the western
portion of the property that would be left untouched. While landscape elements will be incorporated
into foundation and parking drip lines per Oshkosh ordinances. The façade and entrance exteriors will
be developed with split face CMU. The Class II material will be used as a design element within the
structure’s façade system. The rest of the exterior will consist of an energy save metal panel system.
The goal is to expand economic activity, while still accommodating for Mr. Abraham’s uses of
the property and continue to align with the city of Oshkosh’s future development goals. The
comprehensive plan calls for continued mixed use within the general area. The rezone will allow for Mr.
Abraham’s light industrial usage for his future tenants. The Urban Industrial zoning will blend the
comprehensive plan from Heavy Industrial use, in the Business Park to the Northeast, into the Suburban
Mixed Use that starts to dominate the area to the south.
REZONE/GDP
2885 ALGOMA BLVD
PC: 01/18/2022
GOLDEN HERITAGE LAND
DEVELOPMENT LLC
N9477 OAK RD
PICKETT, WI 54964
JOHN SNYDER LLC
2895 ALGOMA BLVD
OSHKOSH, WI 54901
LAKE VIEW MEMORIAL PARK
2786 ALGOMA BLVD
OSHKOSH, WI 54901
TERRY ABRAHAM
1720 RIVER MILL RD
OSHKOSH, WI 54901
OSHKOSH AREA HUMANE SOCIETY INC
1925 SHELTER CT
OSHKOSH, WI 54901
Oshkosh City LimitOshkosh City Limit
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GOMA BL
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DC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 1/3/2022
1 in = 120 ft1 in = 0.02 mi¯2885 ALGOMA BLVD2885 ALGOMA BLVD
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
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C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 1/3/2022
1 in = 500 ft1 in = 0.09 mi¯2885 ALGOMA BLVD2885 ALGOMA BLVD
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 1/3/2022
1 in = 120 ft1 in = 0.02 mi¯2885 ALGOMA BLVD2885 ALGOMA BLVD
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer