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Home My WebLink About21. 22-240JUNE 14, 2022 22-240 ORDINANCE FIRST 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) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF WEST PACKER AVENUE INITIATED BY: OSHKOSH KIDS FOUNDATION 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 on the south side of West Packer Avenue from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (SMU-PD) FOR PROPERTY LOCATED AT 125 W. PACKER AVENUE (TINY HOME VILLAGE). BEING ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 7908 RECORDED AS DOCUMENT NUMBER 1880650, WINNEBAGO COUNTY REGISTER OF DEEDS AND THE SOUTH ½ OF ADJACENT W. PACKER AVENUE, ALL LOCATED IN THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 12, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY WISCONSIN SECTION 2. This Ordinance shall be in full force and effect from and after its JUNE 14, 2022 22-240 ORDINANCE FIRST READING CONT’D passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #22-240 APPROVE ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (SMU-PD) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF WEST PACKER AVENUE on June 14, 2022. This ordinance changes the zoning of the property located on the south side of West Packer Avenue 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: June 9, 2022 RE: Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) for Property Located on the South Side of West Packer Avenue 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 3.5 acre vacant parcel located on the south side of Packer Avenue west of North Main Street and east of Jackson Street. The property is zoned Suburban Mixed Use District and the surrounding area consists primarily of commercial and vacant land uses. The 2040 Comprehensive Land Use Plan recommends General Commercial use for the subject area. ANALYSIS The applicant submitted plans for a multi-family use “tiny home village” which is not permitted in the Suburban Mixed Use District. The zone change is intended to allow the applicant to apply for base standard modifications (BSMs) for the proposed use and site design. Staff is supportive of the proposed rezone as it will assist with development of the site and allow for further review of development plans. RECOMMENDATION The Plan Commission recommended approval of the zone change with findings on June 7, 2022. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons John Fitzpatrick Planning Services Manager Assistant City Manager / Director of Administrative Services ITEM: PUBLIC HEARING: ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (SMU-PD) FOR PROPERTY LOCATED ON SOUTH SIDE OF W PACKER AVENUE Plan Commission meeting of June 7, 2022. GENERAL INFORMATION Owner/Applicant: Oshkosh Kids Foundation 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). Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Property Location and Background Information: The subject area consists of a 3.5 acre vacant parcel located on the south side of Packer Ave, west of N. Main Street, east of Jackson Street. The property is zoned Suburban Mixed Use District (SMU) and the surrounding area consists predominantly of commercial and vacant land uses. The 2040 Comprehensive Land Use Plan recommends General Commercial use for the subject area. Subject Site Existing Land Use Zoning Vacant SMU Recognized Neighborhood Organizations None Adjacent Land Use and Zoning Existing Uses Zoning North Commercial UI South Industrial HI East Commercial SMU West Commercial SMU Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation General Commercial ITEM II A: Rezone S Packer Ave. 2 ANALYSIS Zone Change The applicant is requesting a zone change to add a Planned Development Overlay for the subject property. Plans have been submitted plans for a “tiny home village”, which is a multi-family use and not permitted in the Suburban Mixed Use District (SMU). This request is intended to allow the applicant to apply for base standard modifications (BSMs) for the proposed use and site design. The finalized plans for the site will be addressed as a General Development Plan (GDP) and Specific Implementation Plan (SIP) at a future meeting date. ITEM II A: Rezone S Packer Ave. 3 Submitted Site Plan Staff is supportive of the proposed rezone as it will also assist development of the site and provide further review of development plans. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Zoning Map amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-381 (D)(2): (a) Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency. (b) Is in harmony with the Comprehensive Plan. (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (d) Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: (ii) Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. Staff recommends approval of the Rezone with the findings listed above. ITEM II A: Rezone S Packer Ave. 4 The Plan Commission recommended approval of the zone change on June 7, 2022. The following is their discussion on the item. Site Inspections Report: Mr. Mitchell, Ms. Davey, Mr. Bowen, Ms. Propp, and Ms. Scheuermann all 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 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 add a Planned Development Overlay for the subject property. Plans have been submitted plans for a “tiny home village”, which is a multi-family use and not permitted in the Suburban Mixed Use District (SMU). This request is intended to allow the applicant to apply for base standard modifications (BSMs) for the proposed use and site design. The finalized plans for the site will be addressed as a General Development Plan (GDP) and Specific Implementation Plan (SIP) at a future meeting date. Staff is supportive of the proposed rezone as it will also assist development of the site and provide further review of development plans. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Will Deppiesse, 4521 Ravine Way; Board President of the Oshkosh Kids Foundation, made himself available for questions. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Cindy Pischke, 1287 Valley Rd, said she is a representative of the Oshkosh Kennel Club. She said she has belonged to the club since 1981 and is a 43 year veteran social worker from Winnebago County so she is aware of the types of situations the families who are in need are in. In 1985 they started looking at lots to build the Oshkosh Kennel Club. A lot of the lots they looked at were surrounded by residential areas and they felt that did not want to be surrounded by residents when they have a lot of events with a lot of people. They wanted an area where they could be in a commercial or industrial type area. This property was purchased in 1986 but they would’ve never purchased it had they known there were going to be residents around it. They do have some neighbors now but they have a good relationship with them. She is urging the Plan Commission to not approve this because it is not conducive with the area. ITEM II A: Rezone S Packer Ave. 5 Cindy Bohnert, 3422 Bell Line Rd, Omro, is also representing the Oshkosh Kennel Club. They have done everything they can to always be compatible with the zoning around them and the commercial neighbors. They have on average 9000 exhibitors who come through their doors each year and many of them have to leave their dogs in the car. They are concerned with having 31 residents across the street and what it would do to their finances. She is also unsure of what kind of picture that is going to paint with security that people are going to feel coming to our events. They have been told first that the police were going to be there for security, but then they were told that there was just going to be a room just for the police to let the children know the police are good and to have a presence. The current plan reads that the police are going to be there for added safety. She wants to know what is going to be anticipated there that will warrant added safety. In the proposal it says the site will be close to local services, and one of them is Nova Counseling Center. They were told at the last meeting that the families that would be chosen to be here would be checked and they wouldn’t have any addictions or history of any criminal record. Being close to the Nova Counseling Center, as it is a drug and alcohol abuse center, concerns them. In the past they had an incident where someone drove through their garage door. There was no traffic study done that was shown in the proposal. During the week on Packer Ave, there is a lot of traffic on the road. The biggest concern is that this project will hinder the future success of the Oshkosh Kennel Club. There were no other public comments on this item. There were no closing statements from the applicant. Motion by Mitchell to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Mr. Perry asked if there was any discussion on the motion. Mr. Coulibaly said he would like to hear the applicant’s feedback on the concerns of the neighbors. Mr. Deppiesse said the discussion with the police department has been fluid and has been an evolving conversation over the last 8 months. Originally the police department offered to have someone occasionally come on site during the evening hours doing paperwork in the community center building. It wouldn’t be all day or every day. Part of the point is having a good relationship with the police before the residents need them. Mr. Perry reminded the Planning Commission this item is just for a zone change and more discussion can happen with the next item which involves a general development plan. Motion carried 9-0. To whom it may concern: The 0 Packer Avenue property is currently zoned as SMU, suburban mixed use. This property has been purchased by Oshkosh Kids Foundation for the future site of the Tiny House Village Community. This site will hold 32 tiny houses, a community center, and common public gathering spaces that consist of, but are not limited to, gazebos, grilling patios, lawn playing field, and gardens. The purpose of this project is to provide homeless families in the community with a safe, transitional environment to teach them important life skills to help them evolve into a stable living environment. We have been working closely with the planning and zoning department to determine the best category that will fit this project for zone change. The planning and zoning department has determined the best category to rezone this property as is SMU-PD. Thank you, Kelsie Lally, Ameena Design Proposed PD Town of Oshkosh M-1 HI North REZONE/GDP/SIP 0 W. PACKER AVE PC: 6-07-2022 EA PROPERTIES LLC 6057 COCOS DR FORT MYERS, FL 33908 VERVE A CREDIT UNION PO BOX 3046 OSHKOSH, WI 54903 JOHN ZELLMER PO BOX 126 WINNEBAGO, WI 54985 LYNN C/RUTH E RETZLAFF LIVING TRUST 1891 SCARLET OAK TRL OSHKOSH, WI 54904 OSHKOSH KENNEL CLUB INC PO BOX 2841 OSHKOSH, WI 54903 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH, WI 54901 457 W 12TH AVE LLC 1505 MARQUETTE AVE OSHKOSH, WI 54901 HIS CHURCH WORLD OUTREACH INC 1704 JACKSON ST OSHKOSH, WI 54901 NELS H NASLUND 2465 WESTHAVEN CT OSHKOSH, WI 54904 CHET WESENBERG ARCHITECT LLC 240 AGLOMA BLVD SUITE A OSHKOSH, WI 54901 OSHKOSH KIDS FOUNDATION INC PO BOX 1433 OSHKOSH, WI 54903 Oshkosh City LimitOshkosh City Limit W PACKER AVW PACKER AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 3/30/2022 1 in = 120 ft1 in = 0.02 mi¯0 W PACKER AVE0 W PACKER 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 HI SR-9 I I UI HI SMU SMU SMU SR-3 DR-6 MR-20-PD SR-3 UI SMU UI MR-20 MR-20 MR-12 UI MR-12 DR-6 MR-20-PD SMU SMU-PDSR-5 SR-2 Oshkosh City LimitOshkosh City Limit N MAIN ST N MAIN ST JACKSON ST JACKSON ST HARRISON ST HARRISON ST W SMITH AVW SMITH AV W PACKER AVW PACKER AV WISCONSIN ST WISCONSIN ST ALLEN AVALLEN AV LIBBEY AVLIBBEY AV E SMITH AVE SMITH AV E PACKER AVE PACKER AV ASHLAND ST ASHLAND ST JEFFERSON ST JEFFERSON STBACON AVBACON AV COMET ST COMET ST GENEVA ST GENEVA ST HEARTHSTONE DR HEARTHSTONE DR C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 3/30/2022 1 in = 500 ft1 in = 0.09 mi¯0 W PACKER AVE0 W PACKER 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: 3/30/2022 1 in = 100 ft1 in = 0.02 mi¯0 W PACKER AVE0 W PACKER 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