HomeMy WebLinkAbout16. 22-348JULY 26, 2022 AUGUST 10, 2022 22-332 22-348 ORDINANCE
FIRST READING SECOND READING
(CARRIED___6-0_____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
PROPERTIES LOCATED WEST OF SOUTH WASHBURN STREET
INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT
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 properties located west of South Washburn Street from Suburban
Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development
Overlay (SMU-PD).
A PART OF THE EAST ½ OF THE SOUTHEAST ¼ OF SECTION 33, TOWNSHIP 18
NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY,
WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE EAST QUARTER CORNER OF SAID SECTION 33;
THENCE S00°35’14”W, 861.90 FEET ALONG THE EAST LINE OF SAID SECTION;
THENCE N89°10’50”W, 753.84 FEET ALONG A LINE PARALLEL WITH THE NORTH
LINE OF THE SOUTHEAST ¼ OF SAID SECTION TO THE POINT OF BEGINNING;
THENCE S00°35’21”W, 580.00 FEET ALONG A LINE PARALLEL WITH THE WEST
LINE OF THE EAST ½ OF THE SOUTHEAST ¼; THENCE N89°10’50”W, 583.00 FEET
ALONG A LINE PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST ¼ OF
SAID SECTION TO A POINT ON THE WEST LINE OF THE EAST ½ OF THE
JULY 26, 2022 AUGUST 10, 2022 22-332 22-348 ORDINANCE
FIRST READING SECOND READING CONT’D
SOUTHEAST ¼; THENCE N00°38’21”E, 580.00 FEET ALONG SAID WEST LINE;
THENCE S89°10’50”E, 583.00 FEET ALONG A LINE PARALLEL WITH THE NORTH
LINE OF THE SOUTHEAST ¼ OF SAID SECTION TO THE POINT OF BEGINNING.
SAID AREA CONTAINS 337,845 SQUARE FEET OR 7.756 ACRES, MORE OR LESS.
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 #22-348 APPROVE ZONE CHANGE FROM SUBURBAN MIXED
USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED
DEVELOPMENT OVERLAY (SMU-PD) FOR PROPERTIES LOCATED WEST OF
SOUTH WASHBURN STREET on August 10, 2022. This ordinance changes the zoning of
the properties located west of South Washburn Street 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
Avenue 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: July 21, 2022
RE: Approve Zone Change from Suburban Mixed Use District (SMU) to
Suburban Mixed Use District with a Planned Development Overlay
(SMU-PD) for Properties Located West of South Washburn Street
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)
for two properties located on the west side of South Washburn Street. The subject area
consists of two parcels to the west and southwest of 2625 South Washburn Street. Both
parcels are zoned Suburban Mixed Use District (SMU) and neither has access to public
right-of-way. The northern parcel is a vacant 3.72 acre parcel and the southern parcel
(2675 South Washburn Street) is 4.04 acres and has a 17,460 sq. ft. industrial/warehouse
building, according to City Assessor records. The surrounding area consists primarily of
commercial land uses. The 2040 Comprehensive Land Use Plans recommends Interstate
Commercial uses for the subject area.
ANALYSIS
This request is intended to provide consistent zoning with the Aquire Restoration
contractor property located at 2625 South Washburn Street with frontage along South
Washburn Street. The applicant intends to expand the existing contractor site to include
storage buildings to the west of the existing building and parking lot. As planned, the site
expansion will include an additional storm water detention area extending into the
subject vacant property to the west of the contractor site. The subject vacant lot will need
to have consistent SMU-PD zoning with the contractor site to allow for the detention
pond extending over the property line.
Staff is supportive of the proposed rezone as it will assist with the proposed expansion
of the contractor site. The proposed zoning will be consistent with the neighboring sites
to the south and east (Aquire Restoration and Outlet Mall). The Planned Development
Overlay will also serve to accommodate future development of the subject sites as base
standard modifications will likely be required due to the sites not having street frontage.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
RECOMMENDATION
The Plan Commission recommended approval of the rezone on July 19, 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 IV: ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO
SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT
OVERLAY (SMU-PD) FOR PROPERTIES LOCATED WEST OF S WASHBURN
STREET
Plan Commission meeting of July 19, 2022.
GENERAL INFORMATION
Owner/Applicant: Aquire Properties LLC: Jeff Edmunds
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) for two properties
located on the west side of S Washburn St.
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 two parcels to the west and southwest of 2625 S. Washburn St. Both
parcels are zoned Suburban Mixed Use District (SMU) and neither has access to public right-of-
way. The northern parcel is a vacant 3.72 acre parcel and the southern parcel (2675 S Washburn
St.) is 4.04 acres and has a 17,460 sq. ft. industrial/warehouse building, according to City Assessor
records. The surrounding area consists primarily of commercial land uses. The 2040
Comprehensive Land Use Plans recommends Interstate Commercial uses for the subject area.
Subject Site
Existing Land Use Zoning
Warehouse/storage SMU
Recognized Neighborhood Organizations
None
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial SMU
South Commercial SMU-PD
East Commercial SMU-PD
West Commercial & vacant SMU & BP
ITEM IV: Rezone parcels west of S Washburn St. 2
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation Interstate Commercial
ANALYSIS
Zone Change
The applicant is requesting a zone change to add a Planned Development Overlay for both
subject properties. This request is intended to provide consistent zoning with the Aquire
Restoration contractor property (2625 S Washburn St.), which has frontage along S. Washburn
Street.
The applicant intends to expand the existing contractor site to include storage buildings to the
west of the existing building and parking lot, which will be addressed under the following item.
As planned, the site expansion will include additional storm water detention area extending into
the subject vacant property to the west of the contractor site. The subject vacant lot will need to
have consistent (SMU-PD) zoning with the contractor site to allow for the detention pond
extending over the property line.
Staff is supportive of the proposed rezone as it will assist proposed expansion of the contractor
site. The proposed zoning (SMU-PD) will also be consistent with the neighboring sites to the
south and east (Aquire Restoration and Outlet Mall). Also, the Planned Development Overlay
will serve to accommodate future development of the subject sites as base standard
modification(s) will likely be require due to the sites not having street frontage.
Rezone to
SMU-PD
ITEM IV: Rezone parcels west of S Washburn St. 3
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.
The Plan Commission recommended approval of the zone change on July 19, 2022. The following
is their discussion on the item.
Site Inspections Report: No Commissioners 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) for two properties
located on the west side of S Washburn St.
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 both subject properties. This request is intended to provide
consistent zoning with the Aquire Restoration contractor property (2625 S Washburn St.), which
has frontage along S. Washburn Street.
The applicant intends to expand the existing contractor site to include storage buildings to the
west of the existing building and parking lot, which will be addressed under the following item.
As planned, the site expansion will include additional storm water detention area extending into
the subject vacant property to the west of the contractor site. The subject vacant lot will need to
have consistent (SMU-PD) zoning with the contractor site to allow for the detention pond
ITEM IV: Rezone parcels west of S Washburn St. 4
extending over the property line. Staff is supportive of the proposed rezone as it will assist
proposed expansion of the contractor site. The proposed zoning (SMU-PD) will also be consistent
with the neighboring sites to the south and east (Aquire Restoration and Outlet Mall). Also, the
Planned Development Overlay will serve to accommodate future development of the subject sites
as base standard modification(s) will likely be required due to the sites not having street frontage.
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.
Jeff Edmunds, 2625 S Washburn St, said they purchased the parcel in question in 2019 prior to
purchasing the property located at 2625 S Washburn St. They went through the rezone and
planned overlay process in 2019 for them to occupy main building. At that point, they did convey
the intention to build storage units however it wasn’t documented. The only reason the retention
pond needs to cross the lot line is because there is a ditch. The water travels down the back of the
property into the ditch. Future development includes more storage units but no one can see them
from the road.
Mr. Perry closed public comments and asked if the applicant wanted to make any closing
statements.
There were no other public comments on this item.
There were no closing statements from the applicant.
Motion by Coulibaly to adopt the findings and recommendation as stated in the staff report.
Seconded by Kiefer.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 9-0.
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Location Map
REZONE/SIP AMENDMENT
2625 S WASHBURN ST
PC: 7-19-2022
JPMBB 2015 C28 IN WA WI
PROPERTIES LLC
1601 WASHINGTON AVE STE 700
MIAMI, FL 33139
KALHAGEN PROPERTIES LLC
4349 ACKER RD
MADISON, WI 53704
QUENTIN/MARY GERLACH
2167 STATE ROAD 44
OSHKOSH, WI 54904
AQUIRE PROPERTIES LLC
2625 S WASHBURN ST
OSHKOSH, WI 54904
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