Loading...
HomeMy WebLinkAbout25. 22-451OCTOBER 11, 2022 22-412 ORDINANCE FIRST READING OCTOBER 25, 2022 22-451 ORDINANCE SECOND READING (CARRIED LOST 7-0 LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENT TO COMPREHENSIVE LAND USE PLAN MAPS CHANGING THE LAND USE DESIGNATION OF PROPERTIES LOCATED AT 1529-1539 OSHKOSH AVENUE FROM LIGHT DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL INITIATED BY: NORM BOCK, PETITIONER PLAN COMMISSION RECOMMENDATION: Denied AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN OF THE CITY OF OSHKOSH, WISCONSIN The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. Norm Bock, Petitioner, requests an amendment to the Comprehensive Land Use Plan maps changing the land use designation of the properties located at 1529-1539 Oshkosh Avenue from light density residential to neighborhood commercial. SECTION 2. The Plan Commission recommended denial 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. OCTOBER 11, 2022 22-412 ORDINANCE FIRST READING OCTOBER 25, 2022 22-451 ORDINANCE SECOND READING CONT’D SECTION 4. The Common Council of the City of Oshkosh that an amendment to the Comprehensive Land Use Plan maps changing the land use designation of the properties located at 1529-1539 Oshkosh Avenue from light density residential to neighborhood commercial is hereby approved, with the following finding: 1. The proposed amendment will be detrimental to the property in the immediate vicinity or to the community as a whole 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. SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #22-451 APPROVE AMENDMENT TO COMPREHENSIVE LAND USE PLAN MAPS CHANGING THE LAND USE DESIGNATION OF PROPERTIES LOCATED AT 1529-1539 OSHKOSH AVENUE FROM LIGHT DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL on October 25, 2022. 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. ITEM: COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FROM LIGHT DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL FOR PROPERTIES LOCATED AT 1529-1539 OSHKOSH AVENUE Plan Commission meeting of September 6, 2022. GENERAL INFORMATION Owner/Petitioner: Norm Bock Actions Requested: The applicant is requesting an amendment to the Recommended Land Use Map in the Comprehensive Plan. The subject area is designated for light density residential land use and the applicant is requesting a change to a neighborhood commercial land use designation. Property Location and Background Information: The petitioner is requesting a comprehensive land use map amendment of two existing single family residential properties at the southeast corner of Oshkosh Avenue and North Eagle Street totaling 0.69 acres. The petitioner is proposing to combine the lots and redevelop the site for a commercial office use. The proposed use is not consistent with the Comprehensive Plan and is not permitted in the SR-9 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 and two family residential uses to the north, south, and east, and commercial and parkland uses to the west. Subject Sites Item III: Comp Plan Land Use Map Amendment, 1529-1539 Oshkosh Ave. Subject Site Existing Land Use Zoning Single Family Residential SR-9 Adjacent Land Use and Zoning Existing Uses Zoning North Single & Two Family Residential MR-12 South Single Family Residential SR-9 East Single Family Residential SR-9 West Commercial NMU Recognized Neighborhood Organizations N/A Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Light Density Residential 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 on 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 and changes in future land use. The petitioner approached the City about developing a commercial office building at the subject site and the proposal was brought to a Plan Commission workshop on July 5, 2022. Plan Commission was generally supportive of the proposal, provided the exterior of the building is compatible with the surrounding buildings and the site is only accessed from North Eagle Street. A neighborhood meeting was held on August 2, 2022. Neighbors in attendance were not supportive of the proposal, voicing multiple concerns related to traffic, parking, proximity of the development to residential properties, change of the character of the neighborhood, and storm water runoff on adjacent properties. Item III: Comp Plan Land Use Map Amendment, 1529-1539 Oshkosh Ave. Proposed concept plan. FINDINGS/RECOMMENDATION/CONDITIONS Comprehensive Land Use Map Amendment: Based on the information presented during the Plan Commission workshop and neighborhood meeting, staff is recommending that Plan Commission make a determination if the proposed Neighborhood Commercial future land use designation is appropriate for properties located at 1529-1539 Oshkosh Avenue. In its review and recommendation to the Common Council on an application for a Planned Development district, the Plan Commission has recommended the following finding: (a) The proposed amendment will be detrimental to the property in the immediate vicinity or to the community as a whole. The Plan Commission recommended denial of an amendment to the Comprehensive Land Use Plan map on September 6, 2022. The following is their discussion on the item. Site Inspections Report: Ms. Propp, Mr. Bowen, Ms. Davey, Mr. Kiefer, and Mr. Perry all reported visiting the site. Staff report accepted as part of the record. Item III: Comp Plan Land Use Map Amendment, 1529-1539 Oshkosh Ave. The applicant is requesting an amendment to the Recommended Land Use Map in the Comprehensive Plan. The subject area is designated for light density residential land use; the applicant is requesting a change to a neighborhood commercial land use designation. 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 petitioner is requesting a comprehensive land use map amendment of two existing single family residential properties at the southeast corner of Oshkosh Ave. and N. Eagle St., totaling 0.69 acres. The petitioner is proposing to combine the lots and redevelop the site for a commercial office use. The proposed use is not consistent with the Comprehensive Plan and is not permitted in the SR-9 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 and two family residential uses to the north, south, and east, and commercial and parkland uses to the west. 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. The petitioner approached the City about developing a commercial office building at the subject site. The proposal was brought to a Plan Commission workshop on July 5, 2022. Plan Commission was generally supportive of the proposal, provided the exterior of the building is compatible with the surround buildings and the site is only accessed from N. Eagle Street. A neighborhood meeting was held on August 2, 2022. All neighbors in attendance were not supportive of the proposal, voicing multiple concerns related to traffic, parking, proximity of the development to residential properties, change of the character of the neighborhood, and storm water runoff onto adjacent properties. Based on the information presented during the Plan Commission workshop and neighborhood meeting, staff is recommending that Plan Commission make a determination if the proposed Neighborhood Commercial future land use designation is appropriate for properties located at 1529-1539 Oshkosh Avenue. Mr. Perry opened up technical questions to staff. Mr. Bowen asked if there was any development planned in the next two to three years near the entrance to Rainbow Park by Sawyer St and Oshkosh Ave. Item III: Comp Plan Land Use Map Amendment, 1529-1539 Oshkosh Ave. Mr. Lyons said he doesn’t believe the final determination has been made on when the construction would take place. Mr. Mitchell asked if all storm water impact would have to be self-contained on their own site. Mr. Slusarek said that is correct and it would be a part of the site plan review process. Council Member Ford asked staff to expand what this could do to the number of vehicles parking there and the impact of traffic. Mr. Slusarek said that based on the land use being converted from residential to commercial, any future land use would need to be within the maximum parking requirements which typically for office is 1.25 spaces per 300 sq. feet. Ms. Davey asked if this site was on a bus route. Mr. Lyons said it’s on GO Transit route 5. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Norm Bock, 2242 White Swan Dr, said he received a letter from a tenant requesting additional space and they were looking for something with a high traffic volume. The City did a plan a few years ago that indicates that Oshkosh Ave was going to be a main corridor. This location works for the tenant but because it’s residential, it’s necessary to go through this process. At the last meeting, there was some opposition which included storm water. The architect said that based on City codes, the building was too small to require a retention pond. At 1529 Oshkosh Ave, there is a water basin that’s approximately 2-2.5 feet. Mr. Bock says he has never seen any standing water on the lot. Philip Carpenter, 1518 Maple St, said that when it rains heavily, there are several yards that do get standing water for days. He’s been a resident for 72 years and would like the neighborhood to remain residential. Eric Heid, 1321 Punhoqua St, said that the proposed site plan that was shown to the neighbors didn’t hold up to the ordinances as stated in Chapter 30 of the Oshkosh Municipal codes. Mr. Bock’s plan does not have the required space for the NMU or UMU districts. The neighbors all agree that this application should be denied. There are commercial vacant buildings available in the city for the tenants Mr. Bock has. The city ordinance says that no application which has been denied shall be resubmitted for a period of 365 days. While Mr. Bock may have resources to go through this process again, it provides undue burden on the people in the neighborhood. Brandon Hella, 1538 Maple Ave, said that he has concerns about snow removal. The nursing home residents will have issues seeing past the building once it’s up which could make driving difficult. The loss of the housing in the neighborhood is an issue as well as the damage to the Item III: Comp Plan Land Use Map Amendment, 1529-1539 Oshkosh Ave. tree on the property. Patricia Karlgaard, 1503 Oshkosh Ave, said the limited plan that Mr. Bock showed the neighbors has the new building roof being 6 times the size of the current two houses there plus the new parking lot which means a lot of extra runoff. Nobody wants the flooding to happen again, and if the building goes up, all the neighbors will have flooding when it rains. This project will not make the neighborhood better. Matt Thomas, 1519 Oshkosh Ave, is the neighbor next to the subject site. There is a lot of water runoff especially with the drainage system. He hopes the right decision will be made. Sativa Larson, 1538 Maple Ave, said the yards have bad flooding in the springtime but the basements stay dry. If the water problem gets worse, they are worried the basements won’t stay dry. 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. Mr. Lyons said that the Plan Commission will have to decide on a recommendation and support it with their own findings. This is specific to the Comp Plan only has nothing to do with zone change, or building. The state statutes says that in order to move forward with a zone change, you must have consistency with the comprehensive plan. Mr. Mitchell asked to return to technical questions. Mr. Perry said that it was appropriate in this instance in order to make a motion or action. Mr. Mitchell asked what the future land use map shows for this area. Mr. Lyons said that the lot and going to the east is all still slated for low density residential. On the north side, it does call for commercial. Mr. Loewenstein asked for clarification on the process that the applicant would have to go through. Mr. Lyons said that the first step in the process is the comprehensive plan amendment. This is narrowly defined in the state statutes as the body would make a recommendation, a notice would go in the paper; they wait 30 days and council has a hearing to determine whether or not they want to amend the comp plan. Should that take place and be successful, the applicant would have to come back with a zone change request from SR-9 to UMU or NMU zoning district. They would have to have a successful rezone to one of those commercial designations with a potential planned development overlay. If they cannot meet all base code requirements, they could potentially use a planned development overlay. They would have to come back Item III: Comp Plan Land Use Map Amendment, 1529-1539 Oshkosh Ave. again, to seek approval of that planned development. To go forward, it has to meet all base code requirements. If they can’t meet that or won’t, that’s when the planned development comes in and this body and council would have to choose whether to grant the planned development overlay district and approve both a general development plan and specific implementation plan that potentially grants base standard modifications. Mr. Mitchell said there was a concern about setbacks from the neighbors, but there would be setback requirements if this was changed to commercial. Mr. Lyons said that is correct. If a rezone takes place, then the setback standards for that district would be required. Mr. Mitchell said there was talk about snow and water, but any change to storm water would require to be up to storm water code and be self-contained on that lot. Mr. Lyons said they would need to meet the current storm water requirements of the city of Oshkosh. If a building disturbs more than 20,000 sq. feet of impervious surface there are some additional quantity and quality requirements that have to take place. If they are less, they would have to collect and convey. Mr. Mitchell said that there is currently a house close to the intersection. With the new setbacks, that could help with the visibility of the intersection of incoming traffic. Mr. Lyons said there are some zoning setbacks that come into play, and there are clear site requirements for safety and seeing around a corner. It does have to meet the visibility standards. Mr. Mitchell asked if this moves forward, is there an option that allows Plan Commission to better conform a future development to the neighborhood. Mr. Lyons said that for today’s request, no. This is just for a comp plan amendment. Any additional requests could take place during the zone change and potential planned development. Ms. Davey asked if they are limited to the two properties. Mr. Lyons said yes because that was all that was legally noticed. Mr. Loewenstein asked when the whole area will be reviewed. Mr. Lyons said there was some discussion if Oshkosh Ave was an appropriate place to do a corridor study like they did with South Park, Jackson and 9th. There are no current plans to do a corridor study. Mr. Perry asked if the alleyway was only improved by paved alley and no gutter or water Item III: Comp Plan Land Use Map Amendment, 1529-1539 Oshkosh Ave. runoff. Mr. Lyons said there are water lines only on Oshkosh Ave, sanitary is on Oshkosh Ave, and there is a mixture of storm sewers on Oshkosh Ave, N. Eagle and some in the alley. Mr. Perry asked if there was a failure to pass the comprehensive plan amendment, what happens with the project. Mr. Lyons said if the comp plan amendment would not be passed by council, then it would stay single family low residential. Mr. Mitchell asked if they could approve the comp plan amendment but come back later with findings. Mr. Lyons said it would have to be tabled at that point. In order to make a recommendation, there has to be findings to substantiate that recommendation. Mr. Mitchell asked Mr. Bock if he would be okay if Plan Commission tabled this for two weeks. Mr. Bock said he wouldn’t mind. Ms. Propp said she was not in support of the comp plan amendment because the traffic is already unsafe to navigate. It will not improve the area. Mr. Bowen said that he is not supportive of a limited amendment to the comp plan. It doesn’t make sense to do it for such a small part of a larger area. There is significant development activity to the west of this parcel and eventually to the east. If Plan Commission is going to do anything with a comp plan amendment, they need to look at the larger picture. Ed Bowen left at 4:45pm. Mr. Mitchell said that after listening to the neighbor concerns, it seems like all of the issues that were raised would be addressed with the rezoning and site plan approval process. Mr. Lyons said that state statutes for what should be considered when reviewing a possible comp plan amendment: 1) The amendment would correct an error that exists in the comp plan. 2) The proposed amendment is generally consistent with the visions, goals, objectives and policies contained within the comprehensive plan or there has been change in the community characteristics that justify a change. 3) The proposed amendment will not be detrimental to the property in the immediate vicinity or to the community as a whole. 4) The proposed amendment will not have a significant adverse impact on the ability to provide adequate public facilities or services or will improve public facilities for the community. Ms. Davey said she’s uncomfortable making a small change to the comp plan. If Plan Commission was going to do this for the whole block or the side of the street, that would make more sense. She said she is not supportive of this project. Item III: Comp Plan Land Use Map Amendment, 1529-1539 Oshkosh Ave. Mr. Lyons said that this comp plan amendment come to them because of a property owner request. Motion by Council Member Ford to approve the comp plan amendment as requested. Seconded by Propp. Mr. Perry asked if there was any discussion on the motion. Ms. Propp agrees with Ms. Davey and suggested that maybe this could be a workshop. Motion denied 6-1 (nay, Propp, Loewenstein, Davey, Council Member Ford, Kiefer, Perry) Findings: The proposed amendment will be detrimental to the property in the immediate vicinity or to the community as a whole. OSHKOSH AVOSHKOSH AV N EAGLE STN EAGLE STC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 8/17/2022 1 in = 40 ft1 in = 0.01 mi¯1529-1539 OSHKOSH AVE1529-1539 OSHKOSH 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 COMP PLAN AMENDMENT 1529-1539 OSHKOSH AVE PC: 9/6/2022 PHILIP G CARPENTER 1518 MAPLE AVE OSHKOSH, WI 54902 MARK G SCHWERTFEGER 1522 MAPLE AVE OSHKOSH, WI 54902 DONALD J FELKER 1528 MAPLE AVE OSHKOSH, WI 54902 ELIE F/DANIELLE K SAAD 1532 MAPLE AVE OSHKOSH, WI 54902 BRANDON G HELLA 1538 MAPLE AVE OSHKOSH, WI 54902 MATTHEW M/MEGAN L THOMAS 1519 OSHKOSH AVE OSHKOSH, WI 54902 XEE LOR/KASEY DERENDINGER 1513 OSHKOSH AVE OSHKOSH, WI 54902 PINE APARTMENTS III LLC 3389 COUNTY ROAD A OSHKOSH, WI 54901 RONALD J/KATHY C PAULICK 808 W 10TH AVE OSHKOSH, WI 54902 ROBERT POEHLMAN 2012 CLAIRVILLE RD OSHKOSH, WI 54904 ELIZ B DAVIS CHILDRENS HOME PO BOX 2448 OSHKOSH, WI 54903 NORMAN R/DONNA M BOCK REV TRUST 2242 WHITE SWAN DR OSHKOSH, WI 54901 Lakeshore ParkMary Jewell Park West Algoma ParkOOSSHHKKOOSSHH AAVV N EAGLE STN EAGLE STPUNHOQUA STPUNHOQUA STGRAHAM AVGRAHAM AV MAPLE AVMAPLE AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 8/17/2022 1 in = 120 ft1 in = 0.02 mi¯1529-1539 OSHKOSH AVE1529-1539 OSHKOSH 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 I SR-9 I I-PD I SR-5 MR-12 I CBP-PD I-PD CBP-PD I MR-20 I NMU IRMU UMU SR-5 SR-9 SR-5 SMU-PD SR-3 SMU-PD SR-3-PD Lakeshore Park Rainbow Memorial Park Red Arrow Park Abe Rochlin Park OSHKOSH AVOSHKOSH AV N SAWYER STN SAWYER STDOVE STDOVE STPPUUNNHHOOQQUUAASSTTN EAGLE STN EAGLE STNN WW EE SS TT FF II EE LL DD SS TT COOLIDGE AVCOOLIDGE AV JOSSLYN STJOSSLYN STVV EE TT EE RR A A NN SS TT RRRR AA II NN BB OO WWDD RR FOX STFOX STHAWK STHAWK STN LARK STN LARK STTYLER AVTYLER AVLOCUST STLOCUST STNNKK OO EE LL LL EE RR SS TT ARTHUR AVARTHUR AVSAWTELL CTSAWTELL CTBUCHANAN AVBUCHANAN AV ROBIN AVROBIN AV VAN BUREN AVVAN BUREN AV REPP AVREPP AV FILLMORE AVFILLMORE AV MAPLE AVMAPLE AV NIMROD CTNIMROD CTFF OO UU RR WW H H EEEELLDDRRC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 8/17/2022 1 in = 500 ft1 in = 0.09 mi¯1529-1539 OSHKOSH AVE1529-1539 OSHKOSH 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: 8/17/2022 1 in = 100 ft1 in = 0.02 mi¯1529-1539 OSHKOSH AVE1529-1539 OSHKOSH 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