HomeMy WebLinkAbout15. 22-289JULY 12, 2022 22-289 RESOLUTION
CARRIED___6-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE SPECIFIC IMPLEMENTATION PLAN AMENDMENT
FOR A REFUSE ENCLOSURE AT 240 WEST 9TH AVENUE
INITIATED BY: PEACE LUTHERAN CHURCH
PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions
WHEREAS, the applicant would like to amend the previously approved Specific
Implementation Plan allowing for the creation of a new lot for the property located at 240
West 9th Avenue; and
WHEREAS, the Plan Commission finds that the amendment to the Specific
Implementation Plan for a refuse enclosure at 240 West 9th Avenue is consistent with the
criteria established in Section 30-387 of the Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the amendment to the Specific Implementation Plan for a refuse enclosure
at 240 West 9th Avenue is hereby approved, per the attached, with the following findings:
1. The proposed Planned Development project is consistent with the overall
purpose and intent of this Chapter.
2. 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.)
3. 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.
4. 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.
5. The proposed Planned Development project will incorporate appropriate and
adequate buffers and transitions between areas of different land uses and
development densities/intensities.
JULY 12, 2022 22-289 RESOLUTION
CONT’D
6. The proposed architecture and character of the proposed Planned
Development project is compatible with adjacent/nearby development.
7. The proposed Planned Development project will positively contribute to and
not detract from the physical appearance and functional arrangement of
development in the area.
8. 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.
BE IT FURTHER RESOLVED that the following are conditions of approval for the
amendment to the Specific Implementation Plan for a refuse enclosure at 240 West 9th
Avenue:
1. Base Standard Modification to allow a 5 ft. side yard setback for the refuse
enclosure, where code requires a 7.5 ft. side yard setback.
2. Base Standard Modification to allow a refuse enclosure between a building
and a public street.
3. Base Standard Modification to allow simulated stonework solid vinyl privacy
fencing for exterior of refuse enclosure.
4. Base Standard Modification to allow parking reduction to 59 spaces, where
code requires minimum of 60 parking spaces.
5. Minimum 40 evergreen tree landscaping points shall be provided on the
south side of the refuse enclosure.
6. Except as specifically modified by this Specific Implementation Plan
Amendment, the terms and conditions of the original Specific
Implementation Plan dated August 10, 2021 (Resolution 21-406) remains in
full force and effect.
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: July 7, 2022
RE: Approve Specific Implementation Plan Amendment for a Refuse Enclosure at
240 West 9th Avenue
BACKGROUND
The petitioner requests approval of a Specific Implementation Plan (SIP) amendment to allow
for relocation of a refuse enclosure. The subject area consists of a single lot, totaling 1.61 acres in
size, bounded by West 9th Avenue to the south, Minnesota Street to the west, and West 8th
Avenue to the north. The site contains Peace Lutheran Church. The surrounding area consists
primarily of single and two-family residential uses to the north, south, and west and the Oregon
Street commercial corridor to the east. The 2040 Comprehensive Land Use Plan recommends
institutional uses for the subject site.
The subject site was rezoned to Institutional District with a Planned Development Overlay (I-
PD) in 2021. The request also included a General Development Plan (GDP)/SIP for the house
located to the southwest of the church, which was formerly used as the church parsonage, to be
split off the church site to be sold to Clarity Care. The approved GDP/SIP included relocation of
the refuse enclosure from the parsonage site to the alcove at the northwest corner of the church
building.
ANALYSIS
The only proposed change to the site is the relocation of the dumpster enclosure from the
approved location within an alcove at the northwest corner of the church building to the parking
lot west of the building. The applicant has noted that the proposed location is more suitable as
it will provide straight access from West 8th Avenue for truck access to the enclosure.
The applicant is requesting Base Standard Modifications (BSMs) for placement of the dumpster
enclosure within 2’ setback from the side property line, where code requires a 7.5’ setback, and
for placement closer to the street (Minnesota Street) than the principal structure, where code
prohibits exterior trash storage or dumpsters from being located between a building and a
public street. Staff is supportive of a setback reduction along the side property line, however
staff is recommending a minimum 5’ setback to allow for installation of landscaping to buffer
the refuse enclosure from the neighboring property. Staff is also supportive of the BSM for
placement of the enclosure closer to the street than the principal building as the site contains
minimal areas that would meet the code requirement.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
The applicant has also proposed that the refuse enclosure be constructed of 6’ tall “simulated
stonework” solid vinyl privacy fencing. This will require a BSM as code requires refuse
enclosures to be constructed of solid wood or a material used on the main building. Staff does
not have concerns with the proposed material as it will be solid and provide a relatively
compatible appearance with stone on the church facades.
RECOMMENDATION
The Plan Commission recommended approval of the Specific Implementation Plan amendment
with findings and conditions on July 5, 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 V: SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR REFUSE
ENCLOSURE AT 240 W 9th AVENUE
Plan Commission meeting of July 5, 2022.
GENERAL INFORMATION
Owner/Applicant: Peace Lutheran Church
Action(s) Requested:
The petitioner requests approval of a Specific Implementation Plan (SIP) amendment to allow
for relocation of a refuse enclosure.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Background Information Property Location and Type:
The subject area consists of a single lot, totaling 1.61 acres in size, bounded by W. 9th Avenue to
the south, Minnesota Street to the west and W. 8th Avenue to the north. The site contains Peace
Lutheran Church.
The surrounding area consists primarily of single and two-family residential uses to the north,
south and west and Oregon Street commercial corridor to the east. The 2040 Comprehensive
Land Use Plan recommends institutional uses for the subject site.
In 2021, the subject site was rezoned to Institutional District with a Planned Development
Overlay (I-PD). The request also included a GDP/SIP for the house located to the southwest of
the church, which was formerly used as the church parsonage, to be split off the church site to
be sold to Clarity Care. The approved GDP/SIP included relocation of the refuse enclosure from
the parsonage site to the alcove at the northwest corner of the church building.
Subject Site
Existing Land Use Zoning
Institutional I-PD
Recognized Neighborhood Organizations
N/A
Adjacent Land Use and Zoning
Existing Uses Zoning
North Single & Two-Family Residential TR-10
South Single & Two-Family Residential TR-10
East Commercial CMU
West Single & Two-Family Residential TR-10
ITEM V - SIP Amendment – 240 W 9th Ave. 2
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation Institutional
ANALYSIS
Use
There is no change being proposed to the existing use of the site.
Site Design
The only proposed change to the site is relocation of the dumpster enclosure from the approved
location within an alcove at the northwest corner of the church building to the parking lot west
of the building. The applicant is requesting Base Standard Modifications (BSM) for placement
of the dumpster enclosure within 2’ setback from the side property line, where code requires a
7.5’ setback and closer to the street (Minnesota St.) than the principal structure, where code
prohibits exterior trash storage or dumpsters from being located between a building and a
public street.
ITEM V - SIP Amendment – 240 W 9th Ave. 3
Staff is supportive of a setback reduction along the side property line, however staff is
recommending a minimum 5’ setback to allow for installation of landscaping to buffer the
refuse enclosure from the neighboring property. Staff is also supportive of a BSM for placement
of the enclosure closer to the street (Minnesota St.) than the principal building as the site
contains minimal areas that would meet the code requirement. The applicant has noted that the
originally approved location within the alcove at the northwest corner of the building would
result in nuisances related to the enclosure (odors, bees, etc.) near the building entrance.
Proposed Refuse Enclosure Minimum Provided
Front Setback (Minnesota St.)
30 ft. and no
closer than
principal
structure
79 ft. and closer than
principal structure
Street Side Setback (W 8th Ave.)
25 ft. and no
closer than
principal
structure
77.75’ and behind
principal structure
Side Setback 7.5 ft. 2 ft.
Parking stalls 60 stalls 59 stalls
ITEM V - SIP Amendment – 240 W 9th Ave. 4
The applicant has also noted that the proposed location is more suitable as it will provide
straight access from W 8th Avenue for truck access to the enclosure. The proposed enclosure
location will result in the loss of 4 vehicle parking spaces. Increasing the setback from 2’ to 5’
will not result in further loss of parking spaces. The dumpster enclosure placement will result
in a slight reduction in impervious surface area for the site.
The loss of these parking spaces will leave 50 remaining parking stalls with 9 additional
reserved handicap stalls, with the church having a maximum capacity of 300 people. This is
slightly short of the code minimum of one space per 5 seats at maximum capacity for a church.
The applicant has noted that church attendance has not resulted in use of all parking stalls
recently. Staff does not have concerns with the slight parking reduction as it should still meet
the needs of the church and on-street parking is available nearby on W 8th Ave., Minnesota St.,
and Oregon St., if needed.
The applicant is proposing the refuse enclosure be constructed of 6’ tall “simulated stonework”
solid vinyl privacy fencing. This will require a BSM as code requires refuse enclosures to be
constructed of solid wood or a material used on the main building. Staff is does not have
concerns with the proposed material as it will be solid and provide a relatively compatible
appearance with stone on the church facades.
Proposed refuse enclosure fencing
ITEM V - SIP Amendment – 240 W 9th Ave. 5
Google Streetview (2017) of existing church
Lighting
No changes to the exterior lighting have been included with this request.
Signage
This request does not include changes to signage for the site.
Landscaping
A landscaping plan has not been provided. No additional landscaping is required by code as
no new buildings or pavement are being added to the site. Staff is recommending 66 evergreen
tree landscaping points (two arborvitae) be added along the south side of the refuse enclosure
to offset the requested BSMs for the placement of the enclosure.
Storm Water Management
The Department of Public Works has reviewed the request and noted that final plans shall
comply with Chapter 14 Municipal Code Storm water Management requirements.
Building Facades
No changes are being proposed for the building facades.
ITEM V - SIP Amendment – 240 W 9th Ave. 6
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 Specific Implementation Plan amendment as
proposed with the findings listed above and the following conditions:
1. Base Standard Modification to allow a 5 ft. side yard setback for the refuse enclosure,
where code requires a 7.5 ft. side yard setback.
2. Base Standard Modification to allow a refuse enclosure between a building and a public
street.
3. Base Standard Modification to allow simulated stonework solid vinyl privacy fencing
for exterior of refuse enclosure.
4. Base Standard Modification to allow parking reduction to 59 spaces, where code
requires minimum of 60 parking spaces.
5. Minimum 66 evergreen tree landscaping points shall be provided on the south side of
the refuse enclosure.
6. Except as specifically modified by this Specific Implementation Plan Amendment, the
terms and conditions of the original Specific Implementation Plan dated August 10, 2021
(Resolution 21-406) remains in full force and effect.
ITEM V - SIP Amendment – 240 W 9th Ave. 7
The Plan Commission recommended approval of the Specific Implementation Plan amendment
on July 5, 2022. The following is their discussion on the item.
Site Inspections Report: Ms. Propp and Mr. Perry reported visiting the site.
Staff report accepted as part of the record.
The petitioner requests approval of a Specific Implementation Plan (SIP) amendment to allow
for relocation of a refuse enclosure.
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 only proposed change to the site is relocation of
the dumpster enclosure from the approved location within an alcove at the northwest corner of
the church building to the parking lot west of the building. The applicant is requesting Base
Standard Modifications (BSM) for placement of the dumpster enclosure within 2’ setback from
the side property line, where code requires a 7.5’ setback and closer to the street (Minnesota St.)
than the principal structure, where code prohibits exterior trash storage or dumpsters from
being located between a building and a public street. Staff is supportive of a setback reduction
along the side property line, however staff is recommending a minimum 5’ setback to allow for
installation of landscaping to buffer the refuse enclosure from the neighboring property. Staff is
also supportive of a BSM for placement of the enclosure closer to the street (Minnesota St.) than
the principal building as the site contains minimal areas that would meet the code requirement.
The applicant has noted that the originally approved location within the alcove at the northwest
corner of the building would result in nuisances related to the enclosure (odors, bees, etc.) near
the building entrance. Staff recommends approval with the findings and conditions as listed in
the staff report.
Mr. Perry opened up technical questions to staff.
Council Member Ford asked if they have seen the materials for the enclosure.
Mr. Lyons said they have seen examples but not have not seen an in-person structure. It’s a
tricky situation because the stone is great but understanding it’s not financially feasible for a
nonprofit to do a full stone enclosure. This is a decent compromise and adding landscaping will
soften it.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
There was no statement from the applicant.
Mr. Perry closed public comments.
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 Kiefer.
ITEM V - SIP Amendment – 240 W 9th Ave. 8
Mr. Perry asked if there was any discussion on the motion.
Motion carried 6-0.
SIP AMENDMENT
240 W 9TH AVE
PC: 07-05-2022
ROBERT GONZALEZ
256 W 8TH AVE
OSHKOSH, WI 54902
D ANN L MILLER
240 W 8TH AVE
OSHKOSH, WI 54902
JASON BILBREY
442 WADLEIGH ST
STEVENS POINT, WI 54481
DAVEY BARTLETT
N5644 HIGHWAY G
SAINT CLOUD, WI 53079
JENNIFER KETTNER
222 W 8TH AVE
OSHKOSH, WI 54902
CBC PROPERTY MANAGEMENT
LLC
912 WINDWARD CT
OSHKOSH, WI 54901
DIVERSIFIED REAL ESTATE LLC
12900 BLYTHE RD
BROOKFIELD, WI 53005
MTOXINS VENOM LAB LLC
717 OREGON ST
OSHKOSH, WI 54902
COVEY INC
1930 ALGOMA BLVD
OSHKOSH, WI 54901
DANUTA SWIECICKI
225 E DIVISION ST
FOND DU LAC, WI 54935
ROBERT J MAZZA
1558 COUNTY ROAD I
OSHKOSH, WI 54902
GJK PROPERTIES LLC
2934 SHOREWOOD DR
OSHKOSH, WI 54901
FABULOUS FINDS LLC
428 FOREST VIEW RD
OSHKOSH, WI 54904
ANN E ELMER
257 W 9TH AVE
OSHKOSH, WI 54902
CMB HOLDINGS LLC
253 W 9TH AVE
OSHKOSH, WI 54902
JAMES/JUDY L MARTINEZ
247 W 9TH AVE
OSHKOSH, WI 54902
JOSEPH T ERD/ALLISON
CRIVELLO
241 W 9TH AVE
OSHKOSH, WI 54902
ABIGAIL W BASTIAN
237 W 9TH AVE
OSHKOSH, WI 54902
KEVIN J/MARY B GABRIEL
233 W 9TH AVE
OSHKOSH, WI 54902
BURNS OREGON STREET LLC
905 OREGON ST
OSHKOSH, WI 54902
SCOTT A/LORI A BERHOLTZ
1804 N OAKWOOD RD
OSHKOSH, WI 54904
RAYMANN PROPERTIES LLC
823 MOUNT VERNON ST
OSHKOSH, WI 54901
ELMER/ELSIE BRAGG
807 MINNESOTA ST
OSHKOSH, WI 54902
ROBERT/KRISTALEE WILCOX
1009 OTTER AVE
OSHKOSH, WI 54901
PEACE LUTHERAN CHURCH
240 W 9TH AVE
OSHKOSH, WI 54902
W 9TH AVW 9TH AV
OREGON ST
OREGON ST
W 8TH AVW 8TH AV
W 7TH AVW 7TH AV
W 10TH AVW 10TH AV
MINNESOTA ST
MINNESOTA ST
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 6/21/2022
1 in = 120 ft1 in = 0.02 mi¯240 W 9TH AVE240 W 9TH 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
TR-10 I CMU
RMU-PD-RFO
I
HI
I
UMU
I
UMU
CMU-RFO
CMU-PD
UMU
CMU
I
RMU-PD
I-PD
IRMU-PD-RFO
I-PD
I
TR-10
I
I
CMU-PD
I
I
I
UMU-PD
RMU-PD
I
I-PD-RFO
CMU
RMU-PD
RMU-PD
UMU
I-RFO
I-PD-RFO
CMU-PD-RFO
RMU
RMU-PD
RMU-RFO
UMUI-PD-RFO UMU-PD
I-PD
CMU-PD
RMU-PD
W 9TH AVW 9TH AV
OREGON ST
OREGON ST
S MAIN ST
S MAIN ST
W SOUTH PARK AVW SOUTH PARK AV
N MAIN ST
N MAIN ST
JACKSON ST
JACKSON ST
IOWA ST
IOWA ST
W 7TH AVW 7TH AV
W 6TH AVW 6TH AV
W 8TH AVW 8TH AV
W 11TH AVW 11TH AV
W 10TH AVW 10TH AV
W 12TH AVW 12TH AV
W 14TH AVW 14TH AV
MICHIGAN ST
MICHIGAN ST
NEBRASKA ST
NEBRASKA ST
MINNESOTA ST
MINNESOTA ST
W 5TH AVW 5TH AV
W 4TH AVW 4TH AV
COMMERCE ST
COMMERCE ST
E 8TH AVE 8TH AV
E 9TH AVE 9TH AV
E 14TH AVE 14TH AV
EE 1100TTHH AAVV
E 11TH AVE 11TH AV
E 7TH AVE 7TH AV
RMU
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 6/21/2022
1 in = 500 ft1 in = 0.09 mi¯240 W 9TH AVE240 W 9TH 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: 6/21/2022
1 in = 100 ft1 in = 0.02 mi¯240 W 9TH AVE240 W 9TH 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