HomeMy WebLinkAbout20. 22-108FEBRUARY 22, 2022 MARCH 8, 2022 22-84 22-108 ORDINANCE
FIRST READING SECOND READING
(CARRIED___7-0_____LOST______LAID OVER______WITHDRAWN______)
PURPOSE: APPROVE COMPREHENSIVE LAND USE PLAN AMENDMENT
FROM GENERAL COMMERCIAL TO LIGHT DENSITY
RESIDENTIAL FOR PROPERTY LOCATED EAST OF THE EASTERN
END OF FARMINGTON AVENUE
INITIATED BY: WILDFLOWER DEVELOPMENT GROUP, LLC
PLAN COMMISSION RECOMMENDATION: Approved
AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN OF THE CITY OF
OSHKOSH, WISCONSIN
The Common Council of the City of Oshkosh, Wisconsin, do ordain as follows:
SECTION 1. Wildflower Development Group, LLC, Petitioner, requests a map
amendment to the Recommended 10 Year and 20 Year Comprehensive Plan Land Use maps
from general commercial to light density residential designation for the property located
east of the eastern end of Farmington Avenue, City of Oshkosh, Winnebago County,
Wisconsin.
SECTION 2. The Plan Commission recommended approval of said amendment.
SECTION 3. The City has held a public hearing on this Ordinance, in compliance
with the requirements of Section 66.1001(4)(d), Wisconsin Statutes.
SECTION 4. The Common Council of the City of Oshkosh hereby approves
amending the Comprehensive Plan Land Use Maps changing the land use designation on
the property located east of the eastern end of Farmington Avenue from general commercial
to light density residential.
SECTION 5. This Ordinance shall take effect upon passage by a majority vote of the
members elect of the Common Council and publication as required by law.
FEBRUARY 22, 2022 MARCH 8, 2022 22-84 22-108 ORDINANCE
FIRST READING SECOND READING CONT’D
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #22-108 APPROVE COMPREHENSIVE LAND USE PLAN
AMENDMENT FROM GENERAL COMMERCIAL TO LIGHT DENSITY RESIDENTIAL
FOR PROPERTY LOCATED EAST OF THE EASTERN END OF FARMINGTON AVENUE
on March 8, 2022. This ordinance amends the Comprehensive Land Use Maps, changing the
land use designation for the property located east of the eastern end of Farmington Avenue
from General Commercial to Light Density Residential. 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 17, 2022
RE: Approve Comprehensive Land Use Plan Amendment from General Commercial
to Light Density Residential for Property Located East of the Eastern End of
Farmington Avenue
BACKGROUND
The applicant is requesting an amendment to the Recommended Land Use Map in the
Comprehensive Plan. The subject area is designated for general commercial use and the
applicant is requesting a change to a light density residential land use designation. The
petitioner is requesting a comprehensive land use map amendment of a vacant 5.55 acre lot east
of the eastern end of Farmington Avenue, generally located west of Jackson Street and south of
West Snell Road. The petitioner is proposing to subdivide the lot via subdivision plat. The
proposed subdivision will be a higher density single family subdivision with smaller lots
typically not found in new residential subdivisions. The proposed use is not consistent with the
Comprehensive Plan and the proposed density is not permitted in the SR-5 district. The lot will
require a comprehensive land use map amendment and zone change to allow the proposed
development. The surrounding area consists of single family residential uses to the north and
west, vacant land to the east, single family to the west and an automobile service facility to the
south.
ANALYSIS
In October of 2018, the City adopted the Comprehensive Plan Update 2040, an update to the
previous plan from 2005. Part of the update entailed refining the 20-Year Recommended Land
Use Map. The map is a representation of future land uses within the City and in the
extraterritorial three mile buffer. Future land use maps are intended to be used as a general
reference tool for determining appropriate future land use and growth patterns. When creating
the maps, recommended uses were determined on a broader scale rather than a parcel by parcel
basis. Staff realizes that sections of the Comprehensive Plan, including mapping portions, need
to be updated or revised periodically to accommodate logical requests/changes in future land
use. In this case, the general commercial land use designation is already in conflict with the
current SR-5 zoning designation.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
The petitioner approached the City about developing a single family development for the site
which would be considered a light density residential land use. Staff was open to the proposal
and requested that the petitioner conduct a neighborhood meeting to get input from the
surrounding property owners. December 16th, 2021, the petitioner hosted a meeting on-site. The
neighbors were generally supportive of the development and relieved the proposal was not a
more intensive use.
Staff feels that the proposed map amendment will be compatible with surrounding land uses
and will be consistent with development patterns in the surrounding area. It will also correct
the conflict between the current General Commercial use designation and Single Family
Residential-5 zoning designation. If approved, it is anticipated the petitioner will request a zone
change from SR-5 to SR-9 to allow the higher residential density, and proceed with the platting
process. There has also been an increase in demand for single-family development in the area
as there are few nearby options.
RECOMMENDATION
The Plan Commission recommended approval of the Land Use Plan Amendment 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: COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FROM
GENERAL COMMERCIAL TO LIGHT DENSITY RESIDENTIAL FOR
PROPERTY LOCATED EAST OF THE EASTERN END OF FARMINGTON
AVENUE
Plan Commission meeting of January 18, 2022.
GENERAL INFORMATION
Petitioner: Mitch Nordahl, Wildflower Development Group, LLC
Owner: Dennis Metzler, Et al
Actions Requested:
The applicant is requesting an amendment to the Recommended Land Use Map in the
Comprehensive Plan. The subject area is designated for general commercial use; the applicant
is requesting a change to a light density residential land use designation.
Property Location and Background Information:
The petitioner is requesting a
comprehensive land use map
amendment of a vacant 5.55 acre lot
east of the eastern end of Farmington
Avenue, generally located west of
Jackson Street and south of W. Snell
Road (Figure 1). The petitioner is
proposing to subdivide the lot via
subdivision plat. The proposed
subdivision will be a higher density
single family subdivision with smaller
lots typically not found in new
residential subdivisions. The
proposed use is not consistent with
the Comprehensive Plan and the proposed density is not permitted in the SR-5 district. The lot
will require a comprehensive land use map amendment and zone change to allow the proposed
development.
The surrounding area consists of single family residential uses to the north and west, vacant
land to the east, single family to the west and an automobile service facility to the south.
Subject Site
Existing Land Use Zoning
Vacant Single Family Residential – 5 (SR-5)
Figure 1
Item V: Comp Plan Land Use Map Amendment, East of Farmington Avenue
Adjacent Land Use and Zoning
Existing Uses Zoning
North Single Family Residential Single Family Residential – 5 (SR-5)
South Auto Service Facility Suburban Mixed Use (SMU)
East Vacant/Undeveloped Suburban Mixed Use (SMU)
West Single Family Residential
Single Family Residential – 5 (SR-5) &
Single Family Residential – 3 (SR-3)
Recognized Neighborhood Organizations
N/A
Comprehensive Plan
Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation General Commercial
ANALYSIS – COMPREHENSIVE LAND USE MAP AMENDMENT
In October of 2018, the City adopted the Comprehensive Plan Update 2040, an update to the
previous plan from 2005. Part of the update entailed refining the 20-Year Recommended Land
Use Map. The map is a representation of future land uses within the City and in the
extraterritorial three mile buffer. Future land use maps are intended to be used as a general
reference tool for determining appropriate future land use and growth patterns. When creating
the maps, recommended uses were determined on a broader scale rather than a parcel by parcel
basis. Staff realizes that sections of the Comprehensive Plan, including mapping portions, need
to be updated or revised periodically to accommodate logical requests/changes in future land
use. In this case, the general commercial land use designation is already in conflict with the
current SR-5 zoning designation.
The petitioner approached the City about
developing a single family development
for the site which would be considered a
light density residential land use (Figure
2). Staff was open to the proposal and
requested that the petitioner conduct a
neighborhood meeting to get input from
the surrounding property owners.
December 16th, 2021, the petitioner hosted
a meeting on-site. A city staff
representative was unable to attend,
however, the petitioner reported the
neighbors were supportive of the
development and relieved the proposal
was not a more intensive use.
Figure 2
Item V: Comp Plan Land Use Map Amendment, East of Farmington Avenue
The proposed map change area is
approximately 400 feet by 600 feet and
approximately 5.5 acres in area. The lot also
has a 60-foot wide arm connecting to Olson
Avenue to the north to potentially be used as a
street connection or standalone lot. In looking
at the development pattern to the north, south
and west, it is obvious that the subject site was
meant to be a continuation of the adjacent
single family uses. Both Farmington Avenue
and Christian Drive (on separate lot to the
south) dead-end without a cul-de-sac bulb.
This generally means those streets were
planned to continue east. In 2014, a developer
approached the city to do just that. The Common Council approved the official mapping
matching the developer’s plans (Figure 3), where both streets continued east then connected on
a north-south segment. However, the proposed subdivision did not develop.
Staff feels that the proposed map amendment will be compatible with surrounding land uses
and will be consistent with development patterns in the surrounding area. It will also correct
the conflict between the current General Commercial use designation and Single Family
Residential-5 zoning designation. If approved, it is anticipated the petitioner will request a
zone change from SR-5 to SR-9 to allow the higher residential density, and proceed with the
platting process. There has also been an increase in demand for single-family development in
the area as there are few nearby options.
If the map amendment is denied, the owner still has the option to develop the site for SR-5
standard single family use since the underlying zoning dictates how the land can be used.
Upon review of the request, staff supports changing the projected land use from a general
commercial designation to a light density residential designation.
RECOMMENDATION
Comprehensive Land Use Map Amendment:
Staff recommends approval of the Comprehensive Land Use Map amendment from the General
Commercial designation to a Light Density Residential designation for property located east of
Farmington Avenue as requested.
The Plan Commission recommended approval of the Comprehensive Land Use Map
Amendment on January 18, 2022. The following is their discussion on the item.
Site Inspections Report: Ms. Propp reported visiting the site.
Staff report accepted as part of the record.
Figure 3
Item V: Comp Plan Land Use Map Amendment, East of Farmington Avenue
The applicant is requesting an amendment to the Recommended Land Use Map in the
Comprehensive Plan.
Mr. Nau presented the item. The subject area is designated for general commercial use; the
applicant is requesting a change to a light density residential land use designation. The
petitioner is requesting a comprehensive land use map amendment of a vacant 5.55 acre lot east
of the eastern end of Farmington Avenue, generally located west of Jackson Street and south of
West Snell Road. The petitioner is proposing to subdivide the lot via subdivision plat. The
proposed subdivision will be a higher density single family subdivision with smaller lots
typically not found in new residential subdivisions. The proposed use is not consistent with the
Comprehensive Plan and the proposed density is not permitted in the SR-5 district. The lot will
require a comprehensive land use map amendment and zone change to allow the proposed
development. The surrounding area consists of single family residential uses to the north and
west, vacant land to the east, single family to the west and an automobile service facility to the
south. Staff feels that the proposed map amendment will be compatible with surrounding land
uses and will be consistent with development patterns in the surrounding area. It will also
correct the conflict between the current General Commercial use designation and Single Family
Residential-5 zoning designation. If approved, it is anticipated the petitioner will request a
zone change from SR-5 to SR-9 to allow the higher residential density, and proceed with the
platting process. There has also been an increase in demand for single-family development in
the area as there are few nearby options.
Mr. Perry opened up technical questions to staff.
Mr. Mitchell asked if this at one point had been farmland and if so, when that would have
ended. He wants to know if that is the case if it gets added to the log in the maintenance of loss
of farmland.
Mr. Lyons said that this has been vacant land for quite a while but we can try to see when it was
farmland.
Mr. Mitchell said there was another proposal for this general region and one of the things they
had brought up was the absence of an immediate neighborhood park. Across Jackson there is
the county park but has there been any progress related to a park space that would serve an
increase density in this area.
Mr. Lyons said he wasn’t sure but he would follow up with Ray Maurer from the Parks
Department.
Ms. Davey said her question was similar to Mr. Mitchell’s about the parkland or recreation area
for the 28 houses. She likes the smaller cottage idea for that particular area. She is questioning
the pond; is that because it’s a low lying area and needs to be a pond or is there another reason
that it has to be a pond and couldn’t be turned into green space.
Mr. Lyons said they do have storm water requirements to meet.
Item V: Comp Plan Land Use Map Amendment, East of Farmington Avenue
Ms. Davey asked if it could be a 27 house space with a park space.
Mr. Lyons said there are parkland requirements for either dedication of space or payment in
lieu of that. Once we get down the line towards some of those steps, today is really just about
the comp plan, whether we should change it from commercial to low density residential. There
is a lot of issues that need to be worked through before we move forward.
Mr. Nau said he looked through older aerial images and it looks like the area ceased farming
between 1991 and 1994 and that is about the same timeframe the subdivision to the west began
development.
Ms. Propp asked if the smaller width of the lot with the smaller homes would require a change
in the zoning code.
Mr. Lyons said they would need to rezone to SR-9 to meet code.
Mr. Nau said the minimum lot size in SR-9 is 40 feet wide, 4,500 square feet in area, and it does
allow a smaller side yard setbacks, 5 feet versus 7 and a half feet.
Mr. Perry said he would like to know if this project is subject to future planning of sidewalks,
since the neighborhood does not have them.
Mr. Lyons said city code would require sidewalks. That's something we'll have to work through
with the applicant because a lot of that area to the North, and to the West developed prior to it,
being in the city, which is why it does not have, so it may be worth discussing that, especially
with engineering accounts, whether it makes sense to install them at this time, or prefer that to a
later date, but it is something that needs to be discussed as the process would move forward.
Mr. Perry asked if the extension of the road would require urban gutter.
Mr. Lyons said that is correct, it would have to meet city code for the roadway.
Mr. Perry said as the road is proposed currently, it would dead end and there would not be a
way to get through to the adjacent lot. Would there be a required roundabout or something
similar.
Mr. Nau said there will be a temporary cul-de-sac installed until the time if it does expand to
further to the south and connect with Christian. That will come with a regular planning process
to ensure that easement is secured.
Mr. Lyons said they would likely be looking to update the official mapping. If this plat moves
forward, we would amend this official mapping to match up with the new road layout to
reserve that property for future residential development.
Item V: Comp Plan Land Use Map Amendment, East of Farmington Avenue
Mr. Gierach said that Farmington and Christiansen from Anderson west already have
sidewalks. It’s anticipated this development would move forward as public right of way and
would have public sidewalks.
Mr. Nau said there is sidewalk on the north side of Farmington currently.
Mr. Gierach said its both north and south side of Farmington and Christiansen.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Mitch Nordhal, 8701 County Rd M, Larsen, WI, said the intent for this is to get a small
community subdivision in this area. The biggest zoning difference even at SR-9 with the
proposed 60 foot lots is there something within the zoning restrictions between SR-5 and SR-9
that allows a house to be 2 and a half feet closer to the lot lines. It helps with the density.
Looking at the financial numbers of this project and without the urban density that we are
looking at, the affordability factor that we are trying to meet for this project is not feasible
without that zoning change.
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.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Mitchell.
Mr. Mitchell said this is a great idea. There is a need for some middle ground newer owner
occupied housing units. The one thing they would like to see in a future meeting or included
with the information provided is where they are in parks developments. With maybe 100-150
single family homes in this couple block radius here, with another 150-200 rental units that are
currently in existence it ends up being a high consolidation of residential properties void of the
park space that one might expect from a neighborhood that has been planned out. Without
seeing that it’s hard to really know how many more people are going to be in an area serving
families that don’t have access to any sort of recreational space and that would be valuable to
see in the future.
Ms. Propp said she agrees with Mr. Mitchell. South of the Logan Drive area, they have almost
no park space or open area. Also commendation to the developer and the city for doing this.
This is a good location with a smaller lot type of development and it has been pointed out that
the city needs these smaller more affordable homes.
Item V: Comp Plan Land Use Map Amendment, East of Farmington Avenue
Motion carried 7-0.
OLSON AV
FARMINGTON AV ZIONSTHARVEST DRL O G A N DRANDERSON STJACKSON STW SNELL RD
EASEMENT - STORM
Oshkosh City Limit
Oshkosh City Limit
H:\jeffn\Planning Base Map - Jeff 2021.mxd User: jeffn
Subject Area
Co mp P lan M ap Amen dmen tGene ral C ommercial to Lig htDen sity Re sid en tial
City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 12/30/2021
1 in = 200 ft1 in = 0.04 mi¯
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Prepared by: City of Oshkosh, WI
COMP PLAN AMENDMENT
EAST OF FARMINGTON
PC: 01-18-2022
JUSTIN S/ASHLEY A STENERSON
340 OLSON AVE
OSHKOSH, WI 54901
TRACIE ZIFICSAK
535 OLSON AVE
OSHKOSH, WI 54901
CLARITY CARE INC
424 WASHINGTON AVE
OSHKOSH, WI 54901
MICHAEL J/VICKI L LAUX
435 OLSON AVE
OSHKOSH, WI 54901
WA THAI LEE/MAI L VANG
375 OLSON AVE
OSHKOSH, WI 54901
DALE R/SANDRA M POMMERENING
335 OLSON AVE
OSHKOSH, WI 54901
JAMES B/ELIZABETH A BALL REV TRUST
PO BOX 2234
OSHKOSH, WI 54903
RUSS YOUNG PROPERTIES LLC
1025 CHARLES WRIGHT DR
WAUPACA, WI 54981
OA&E PROPERTIES LLC
911 STARBOARD CT
OSHKOSH, WI 54901
LEE/PENG XUE VANG
685 FARMINGTON AVE
OSHKOSH, WI 54901
DONALD L/PATTIE S QUINT JR
575 OLSON AVE
OSHKOSH, WI 54901
MATTHEW W/TARA L NOTZKE
600 FARMINGTON AVE
OSHKOSH, WI 54901
ADAM J STORER
560 FARMINGTON AVE
OSHKOSH, WI 54901
WILDFLOWER DEVELOPMENT GROUP
8701 CTY ROAD M
LARSEN, WI 54947
DENNIS METZLER ETAL
1821 HARRISON ST
OSHKOSH, WI 54901
Oshkosh City LimitOshkosh City Limit
OLSON AVOLSON AV ZION STZION STFARMINGTON AVFARMINGTON AV
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Prepared by: City of Oshkosh, WI
Printing Date: 1/3/2022
1 in = 120 ft1 in = 0.02 mi¯EAST OF FARMINGTON AVEEAST OF FARMINGTON AVE
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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HI
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SMUSR-5
SR-3
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SR-3
MR-20-PD
SMU-PD
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MR-12
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MR-12
DR-6
SMU
DR-6
DR-6
Oshkosh City LimitOshkosh City Limit JACKSON STJACKSON STW SNELL RDW SNELL RD
N MAIN STN MAIN STOLSON AVOLSON AV
FARMINGTON AVFARMINGTON AV
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CHRISTIAN DRCHRISTIAN DR SUMMERSET WAYSUMMERSET WAYFREEDOM AVFREEDOM AV WESTERN DRWESTERN DREICHSTADT RDEICHSTADT RDCHATEAU TERCHATEAU TER
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RREESSTTDDRRZION STZION STHARVEST DRHARVEST DRWESTERN CTWESTERN CTC:\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¯EAST OF FARMINGTON AVEEAST OF FARMINGTON AVE
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 = 100 ft1 in = 0.02 mi¯EAST OF FARMINGTON AVEEAST OF FARMINGTON AVE
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