HomeMy WebLinkAboutMarion Rd-Pearl Ave/Redevelopment Plan Modification #5
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Document Number
MARION ROADIPEARL AVENUE
REDEVELOPMENT PLAN
MODIFICATION #5
Document Title
:1355449
REGISTER~S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
05/27/2005 01:45PM
JULIE PAGEL
- REGISTER OF DEEDS
Marion RoadlPearl Avenue Redevelopment Area Plan, Modification #5 as prepared
by the City of Oshkosh, Department of Community Development
RECORllING FEE
fRANSFER FEE
# OF PAGES
79.00
35
Recordin Area
Name and Return Address
Adopted by the Redevelopment Authority of the City of Oshkosh
on December 15,2004
City Attorney's Office
Oshkosh, WI 54902-1130
Adopted by the City of Oshkosh Common Council on January 11, 2005
Parcel Identification No.
CITY OF OSHKOSH, a municipal corporation
~~gcr
REDEVELOPMENT AUTHO
Y OF THE CITY OF OSHKOSH
Community Development
ACKNOWLEDGMENT
STATE OF WISCONSIN )
)ss
WINNEBAGO COUNTY )
Personally came before me this;l.o day of ,2005, the above-named Richard A. Wollangk, City l\'1anager of
the City of Oshkosh and Jackson R. Kinney, Executive Director ft e Redevelopment Authority ofthe City of Oshkosh," t,rineKn6\vri tobe the
person(s) and officer(s) who executed the foregoing instrument an
for the purpose therein contained.
acknowledged that they eMcuta. e same aS2'uchQfficers by its authoritY,
~lo.~ .' r
Notary Public, Winnebago County, Wisc~sin f
My commission i~ P€lRRaflefl.t(e;xpires: I tp /--D &>
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MARION ROAD/PEARL AVENUE PROJECT
REDEVELOPMENT PLAN
MODIFICATION # 5
OfHKOJH
ON THE WATER
CITY OF OSHKOSH
DEPT OF COMMUNITYDEVELOPMENT--"
December 2004
TABLE OF CONTENTS
Introduction 1
Intent 1
Scope 2
Statutory Authority 2
Redevelopment Objectives 2
Consistency with Local Plans 3
Project Area Boundaries and Description 3
Historical Land Use 4
Existing Land Use and Ownership 5
Existing Conditions 5
Existing Zoning 6
Proposed Zoning and Land Use 6
Population Density, Land Coverage, and Building Intensity after Redevelopment 6
Present and Equalized Value 6
Proiect Implementation/Activities
Land Acquisition 6
Relocation 7
Land Disposition 7
Public Improvements 7
~~fu~~ 7
Performance Standards 8
Compliance with Local, State, and Federal Regulations 8
Redevelopment Plan Modification 8
Appendices
Appendix A Maps
Map 1 Central City Planning Area 9
Map 2 Project Plan Existing and Proposed Boundaries 10
Map 3 Existing Land Use 11
Map 4 Parcel Identification 12
Map 5 Parcel Conditions 14
Map 6 Existing Zoning 15
Map 7 Proposed Zoning 16
Map 8 Proposed Land Use 17
Map 9 Design Concept (LDR International) 18
Appendix B Zoning Excerpts
19
MARION ROAD/PEARL AVENUE REDEVELOPMENT PLAN
Modification # 5
INTRODUCTION
The Marion RoadlPearl Avenue Redevelopment Area is located adjacent to the Fox River and between
the Central Business District (CBD) and the University of Wisconsin-Oshkosh. The area encompasses
portions of and is adjacent to what is remaining of the Marion Road Industrial District. The former
industrial district encompassed approximately 44 acres and had been in existence for over 100 years. The
district was primarily characterized by older manufacturing uses along with some older commercial and
residential uses.
The City of Oshkosh Comprehensive Plan, adopted in August 1993, identified the industrial district as a
special planning area ofthe Central City. In this planning area, the Comprehensive Plan calls for:
· Phasing out industrial uses in the area;
· Clearance and redevelopment ofthe Universal Foundry property;
· Targeting the Radford plant site for redevelopment;
· Expansion and improvement ofthe campus oriented commercial district on Wisconsin Street;
· Realignment of Marion Road;
· Development of new housing.
During the late 1990's the City initiated aggressive redevelopment efforts by declaring much of the area
blighted and created a Tax Increment District (TID) to fund the majority of redevelopment activity
within the area. In addition to TIF, the City has been awarded a number of state and federal grants to
supplement redevelopment activity.
Since creation ofthe original redevelopment district and TID, the City has expanded the Redevelopment
Area four times and the TID once. The TID is now valued at approximately $15.6 million with over
$10.6 million being tax increment and more value being added as of January 1,2005 (tax increment is
the district's current value over the value of the district at creation).
This redevelopment district and associated TID have resulted in the following significant achievements:
· Elimination of a number of blighting influences in the area;
· Environmental cleanup and remediation of thousands of cubic yards of dirt in this environmentally
sensitive area along the Fox River corridor;
· Realignment of an important arterial street through the area;
· Development of eight new apartment buildings with 123 living units;
· Development of three new commercial buildings totaling approximately 22,561 square feet of floor
area containing several smaller restaurants, tavern, athletic club, tanning salon, and financial
institution;
· Development of a 5,800 square foot stand alone restaurant (Tumbleweed);
· Making an additional 4 parcels with river frontage (9 .1 acres) available for development.
Intent
It is the intent of this modification of the adopted Redevelopment Plan to identify the geographic area of
the Marion RoadlPearl Avenue Redevelopment Plan area as well as to identify the proposed area for
expansion of the Redevelopment Plan. This modification will also specify the type of redevelopment
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activities appropriate for this area and the methods with which those redevelopment activities will be
carried out. Implementation of this Plan is consistent with past efforts and constitutes a significant step
toward completion of redevelopment activity in the former Marion Road Industrial District area. This
plan is intended to serve as a general framework and guide for redevelopment ofthe properties within
the District.
It is the intent of this modification to add several properties to the Redevelopment District and modify
the District boundaries that will result in the removal of a developed property partially included in the
District. The properties proposed for addition to the project area include a variety of uses including
manufacturing (Mercury Marine), residential, retail (gas station), a public utility property, and multi-
tenant commercial building.
Tax revenues in the district are significantly less than what could be expected if the district were
developed to the densities allowed by the proposed zoning and the land use recommendations identified
in this modification or the Comprehensive Plan. The development of retail, commercial, residential, and
public recreational facilities will eliminate blighting influences of property, and underutilized and/or
deteriorated structures and contribute to the overall improvement of the redevelopment area.
This modification will allow the city to initiate redevelopment activities in these new areas as well as to
build upon past and current redevelopment efforts in the area. Map # 2 shows the proposed new
boundaries of the redevelopment area. This modification will allow for acquisition, clearance,
remediation, rehabilitation, and infrastructure improvements to take place in the new area.
Revitalization of this Redevelopment District is crucial due to its:
. Location within and adjacent to the Fox River Corridor
. Location between the University and Central Business District
. Location along heavily traveled arterial streets through the community
Scope
The Plan provides a framework for acquisition, disposition, and reuse oflands within the proposed
modification area. In addition to addressing planning and related concerns, the document outlines a
process for implementing a partnership between developers and the City of Oshkosh. Provisions for
amendments to the plan are described later in the document. All entities engaged in activities as part of
the plan, or its implementation, are obligated to comply with the conditions contained herein unless
otherwise agreed upon or specified by the Common Council.
Statutory Authority
The preparation and'adoption of this Redevelopment Plan and designation of the district boundaries as
well as plan implementation are enabled pursuant to Section 66.1331 (Blighted Area Law) of Wisconsin
Statutes, as amended.
Redevelopment Obiectives
Recognizing the City's intent as previously discussed and the purpose of Wisconsin Statutes, Section
66.1333, the following redevelopment objectives have been identified:
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I. Eliminate obsolete and deteriorating or deteriorated buildings, blighting influences, and
environmental deficiencies which detract from the functional utility, aesthetic appearance, economic
and environmental welfare, and general health and safety of this section of the City of Oshkosh, and
to aid in the prevention of blight.
2. Provide for the orderly physical and economic growth of the City of Oshkosh through planned and
controlled redevelopment.
3. Encourage coordinated redevelopment of parcels to achieve efficient building design, maximum
utilization of sites, beautified off-street parking and service facilities, and integral pedestrian
connections and open spaces, giving consideration to high standards of design for new development,
rights-of-way, landscaping, and open spaces.
4. Achieve private redevelopment of parcels that will add to the tax base of the City of Oshkosh and are
in keeping with good land use planning principles.
5. Ensure the design of all buildings will be in harmony with adjoining public, and semi-public
developments.
6. Ensure that buildings are designed, located, and oriented to serve the area and to capitalize on
existing views and open spaces.
7. Maximize utilization of Central City property in a manner consistent with the goals of the
Comprehensive Plan.
8. Assemble land into parcels functionally adaptable with respect to shape and size for disposition and
redevelopment in accordance with contemporary redevelopment needs and standards.
Consistency with Local Plans
The goals of the Comprehensive Plan as they relate to this modification of the redevelopment plan are as
follows:
>- Maintain a strong economic base in the central city;
>- Revitalization of the central city;
>- Enhance environmental quality, promote good design, and eliminate or lessen land use
conflicts throughout the community;
>- Gradually phase out existing industries in the Marion Road Area;
>- Redevelop older sections of the City that are underutilized, blighted, obsolete, or otherwise
identified in the Comprehensive Plan as target redevelopment sites;
>- Encourage the efficient utilization of land;
>- Encourage rational land use patterns which will not result in incompatibility between
adjoining land uses;
>- Increase public access to the riverfront;
>- Expansion and improvement of the campus oriented commercial district on Wisconsin Street.
The activities proposed in this plan are consistent with goals of the City's Comprehensive Plan.
Proiect Area Boundaries and Lellal Descriotion (as proposed)
A part of Western Addition Blocks A, C, E, F, G, L, M and N, Libbey's Replat, Warren Road A part of
Western Addition Blocks A, C, D, E, F, G, H, K, L, M, N, and 0, Libbey's Replat, Warren Road and vacated
Warren Road, vacated Bell Place, vacated Jay Street, Radford Place and vacated Radford Place, Dawes
Street and vacated Dawes Street, and vacated Hancock Street, Jackson Street, all in the 1st Ward, City of
Oshkosh, Winnebago County, Wisconsin described as follows:
The area is generally located east of Wisconsin Street, west of Jackson Street, north ofthe Fox River, and
3
south of High Avenue. The parcel commences at the intersection of the extended southwesterly line of High
Avenue and the centerline of Jackson Street, thence south along the centerline line of Jackson Street to the
northerly shoreline of the Fox River; thence northwesterly along the northerly shoreline ofthe Fox River
to the southeasterly line of Wisconsin Street; thence northeasterly along the southeasterly line and extended
southeasterly line of Wisconsin Street to the most northerly comer of Lot 1 ofC.S.M. 1584 ofWinnebago
County Records; thence S. 51033'59" E., 177.27 feet along the northerly line of said Lot 1 to the most
easterly comer of said Lot 1; thence S. 51033'59" E., 179.04 feet along the northerly line of Lots 18, 17,16,
and 15 ofthe Western Addition Block L; thence N. 38050'26" E., 123.75 feet along a line 5 feet westerly
of the easterly line of Lot 6 of said Block L to a point on the southwesterly line of Campus Place; thence
northwesterly along the southwesterly line of Campus Place to the extended southeasterly lines of Lots 2,
19, and 20 of said Block K, Western Addition; thence northeasterly along the extended southeasterly lines
and southeasterly lines of Lots 2, 19 and 20 of said Block K to the southwesterly line of High Avenue;
thence southeasterly along the southwesterly line of High Avenue to a point 3 feet southeasterly of the
northeast comer of Lot 5 of said Block K, Western Addition as measured along the southwesterly line of
High Avenue; thence southwesterly along a line parallel and 3 feet southeasterly of the southeasterly line
of said Lot 5 to the northeasterly line of Lot 15 of said Block K, Western Addition; thence southeasterly
along the northeasterly lines of Lots 11, 13, 14, and 15 of said Block K, Western Addition to the
northwesterly line of Dawes Street; thence southwesterly along the northwesterly line of Dawes Street to
the northerly line of Pearl Avenue; thence easterly along the northerly line of Pearl Avenue to the
northwesterly line of Lot 17, Block H of the Western Addition; thence northeasterly along the northwesterly
line of said Lot 17 to the northeast comer of Lot 18, Block H of the Western Addition; thence northwesterly
along the southwesterly line of Lots 14 and 15, Block H of the Western Addition to the most westerly comer
of said Lot 14; thence northeasterly along the northwest line of said Lot 14 to the southwesterly line of High
Avenue; thence southeasterly along the southwesterly line of High Avenue to the center line of Jackson
Street also being the true point of beginning, except for the following described parcel "A".
Parcel "A" - An area ofland commencing at a point on the northerly line of Marion Road that is 19 feet
southeast of the southwest comer of Lot 19 Western Addition Block E as measured along the northerly
line of Marion Road; thence N. 30059'45" E. to the northerly line of Marion Road; thence N. 30059'45"
E., 132.21 feet to the centerline of vacated Hancock Avenue; thence N. 50003'42" W., 179.79 feet along
the centerline of vacated Hancock Avenue; thence N. 39000'56" E., 149.92 feet to the northwest comer
of Lot 24 Western Addition Block F; thence S. 52004'30" E., 119.97 feet to the southeast comer of Lot
12 Western Addition Block F; thence N. 39003'20" E. along the southeasterly line of said Lot 12 and the
extended southeasterly line of said Lot 12 to the centerline of vacated Warren Road; thence
northwesterly along the centerline of vacated Warren Road to the extended northwesterly line of Lot 11
of the Western Addition Block F; thence southwesterly along the extended northwesterly line of said Lot
11,24.98 feet to the former northerly right-of-way line of Wisconsin Central Limited RR; thence
westerly 704.56 feet along the arc ofa curve concave to the left of radius 618.11 feet and whose chord
bears S. 88025'56.4" W., 667.03 feet and which is also the former northerly right-of-way line of the
Wisconsin Central Limited RR to the southeasterly line of Dawes Street; thence southwesterly along
the southeasterly line of Dawes Street to the northerly line of Marion Road; thence easterly along the
northerly line of Marion Road to the point of beginning.
The parcel contains approximately 46.84 net acres. The excepted (excluded from the redevelopment area)
parcel identified as Parcel "A" encompasses the Lamico properties located 482 and 474 Marion Road.
Historical Land Use
Historically, the Marion Road area has been used for industrial activities with some residential and
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commercial uses located along Pearl Avenue and Wisconsin Street. Land use patterns and parcel
configurations reflect( ed) this characteristic with narrow residential lots and irregularly shaped large
parcels used for manufacturing purposes which have changed over the years due to diversity of
ownership in the area. Parcel configuration was also affected by the former railroad right-of-way that
bisected the district.
Existinf! Land Use and Ownership
Existing land uses are shown on Map # 3. This modification includes 17 parcels containing the
following general land use categories:
· Residential-eightparcels with single to multiple residence units;
· Commercial/Retail-two parcels that includes a multi-tenant building and a gas station;
· Public-three, one parcel that was former railroad right of way and two that are vacated right-of-way;
· Public Utility-one small parcel containing WPS utilities;
· Industrial-two parcels owned by Mercury Marine along the river.
Individual parcels in the project plan area are shown and numbered on Map # 4.
Existinf! Conditions
The majority of structures in the modification/expansion area are functionally obsolete or are in need of
substantial rehabilitation to bring them up to modem day building standards. Also, a number of parcels
exhibit characteristics reflective of poor layout and placement of structures on sites, with those and other
conditions, such as inadequate parking and loading facilities, contributing to the under utilization and
unproductive use of properties in the area.
The residential parcels are generally older on substandard sized lots with the majority of structures
exhibiting signs of deferred maintenance. The multi-tenant commercial building recently experienced a
fire and much of the building is not presently occupied nor occupiable. The gas station has been
developed on an irregularly shaped small lot with a small retail structure and limited space for pumps
that make this development functionally obsolete as compared with other gas stations in the area that are
situated on appropriately sized parcels with adequate room for parking, ingress and egress to and
throughout the site with larger retail structures. The Mercury Marine property is the largest parcel at
over 10 acres and 1,600 feet of river frontage and represents a property that could be considered
functionally obsolete with regard to its size and functional building layout that does not represent the
highest and best use of the property and hinders completion of redevelopment efforts in this area.
Properties were identified as "blighted" per the following selected standards identified in Wisconsin
Statutes, Section 66.1333 (2m)(b )3(bm):
A. Dilapidation, deterioration, age, or obsolescence;
B. Faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe
conditions (includes structures that are nonconforming per zoning district standards);
C. Deterioration of site improvements;
D. Property which is predominately open and which because of obsolete platting, diversity of
ownership, deterioration of structures or of site improvements, or other such factors that substantially
impairs or arrests the sound growth of the community.
Map # 5 shows the conditions of real property in the district.
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Existin2: Zonin2:
The subject properties in the expansion area are zoned M-2 Central Industrial District, C-2 General
Commercial District, R-5 Multiple Dwelling District, C-3 Central Commercial District, C-3 PD Central
Commercial District with a Planned Development Overlay.
Existing zoning is shown on Map # 6.
Proposed Zonin2: and Land Use
All of the properties included in this modification are proposed to be zoned C-3PD Central Commercial
with a Planned Development District Overlay. This zoning classification is consistent with zoning in the
existing redevelopment district and will allow for a variety of commercial, retail and multiple dwelling
units. The planned district overlay will allow more flexibility in development designs while providing
safeguards to ensure orderly and compatible developments through subsequent Redevelopment
Authority (RDA), Plan Commission and Common Council reviews.
Map # 7 shows the proposed zoning. The proposed land uses in the redevelopment plan area are
illustrated in Map # 8. Map # 9 illustrates a design concept for development ofthe area.
Population Density. Land Covera2:e. and HuUdin2: Intensity after Redevelopment
Central Commercial with a Planned Development Overlay (C-3PD) zoning standards will be applied to
all development occurring in the district. This will apply base C-3 district requirements to all new
development including major rehabilitation projects. The Central Commercial District allows zero foot
setbacks and no parking for commercial uses which is similar to existing M-2 requirements.
Theoretically, the Zoning Ordinance could allow up to 100 percent land coverage of a parcel of
commercially used land. The C-3 zoning district allows the most dense residential multiple family
developments to occur. C-3 zoning allows one residential living unit per 1,500 square feet oflot area,
which would allow 29 units per acre.
Present and Equalized Value
As of January 1,2004, the approximate equalized value of the properties in the expansion area is
$3,235,000. The potential equalized value ofthis property will vary greatly depending on the intensity
and type of development to be undertaken along the riverfront which should conservatively increase the
district's value at least $12-25 million based on similar riverfront development in the area. Much of this
increase in the value of the property along the riverfront is due to the fact that the land is not currently
being put to its highest and best use and is underutilized per its size. Equalized value growth in the other
parts of the expansion area will be less significant due to the smaller size of the redevelopment parcels
and should range anywhere from $750,000 - $1,500,000.
Project Implementation/Activities
Land Acquisition
To achieve redevelopment of the project area in keeping with this Redevelopment Plan, assembly of
lands within the district will be required. Acquired lands may be sold or leased for private
6
redevelopment or may be dedicated for public purposes. The RDA may utilize property that has been
acquired for temporary uses as an incidental part ofthe redevelopment process. Temporary uses will
exist until such time as property is scheduled for redevelopment.
Land assembly will be facilitated by the Department of Community Development and City Attorney's
office in coordination with the Redevelopment Authority and Common Council, as applicable.
Relocation
Individuals or business operations may need to be relocated as a result of implementation of this
Redevelopment Plan. Where such relocation occurs by the RDA, it shall be done in compliance with
State and/or Federal regulations as applicable.
Land Disposition
Once assembled, land will be disposed of by sale or lease in accordance with the provisions contained in
Section 66.1331(6), Wis. Stats. As has been done in the initial Redevelopment Project Plan area, the
RDA will likely initiate a "Request for Proposals" process to dispose of the acquired land.
When the project plan area is to be disposed, in addition to terms and conditions as specified by the
RDA and Common Council, the purchasers shall enter into an agreement with the RDA. Said agreement
shall contain all terms and conditions and all assurances necessary to ensure consistency with the
objectives ofthe Project Plan.
Public Improvements
To facilitate support for new land uses and rehabilitation of structures in the area, the City will undertake
public improvements as required and to the extent feasible. Said improvements and public utilities may
include, but are not limited to, the improvement of streets, storm and sanitary sewers, streetscaping,
undergrounding of utilities, path and park construction, signage, traffic signalization, and gateway
improvements. Map # 9 illustrates some proposed public improvements that may be constructed in
coordination with this plan.
Proiect Financin2:
Project costs may be financed through various means such as loans from the State Trust Fund, issuance
of bonds, federal and state grants or any other method of financing approved of by the RDA and
Common Council. It is anticipated that financing to implement redevelopment of this area will be
provided either through an amendment to TID # 13 that will incorporate additional territory into the
district or by the creation of a new TID.
Redevelopment project costs include the total of all reasonable and necessary costs incurred or estimated
to be incurred and any such costs incidental to this Redevelopment Plan. Such costs may include, but
are not limited to, the following:
1. Property assembly costs including, but not limited to, the acquisition of land and other property and
other real or personal rights or interest therein, the demolition of buildings and the clearing and
grading of land;
2. Relocation costs to the extent required by State or Federal law as applicable;
3. Costs of moving structures, rehabilitation, construction, repair or remodeling of existing buildings
7
and fixtures, environmental remediation, organizational costs, impunitive administration costs
included in the plan and loans and/or grants necessary for development;
4. Costs of the construction of public works or improvements;
5. Costs of surveys and studies, plans and specifications, professional service costs, such as
architectural, engineering, legal, marketing, financial, planning and special services;
6. Finance costs including, but not limited to, all necessary and incidental expenses relating to the
issuance of obligations and payment of interest on any obligation issued;
7. Costs related to special assessments;
8. Payments or expenditures necessary or convenient to the implementation of the Plan; and
9. Loans and grants as necessary to implement the Plan objective.
Performance Standards
Throughout the implementation of this project plan and all stages and phases thereof, the participating
developer( s) will be required to comply with requirements of all sections of this plan, as well as
pertinent sections of municipal codes and ordinances referenced herein. Developers will also be
responsible for complying with the requirements ofRDA developed "requests for proposals" (RFPs) as
issued for various phases of redevelopment.
Compliance With Applicable Local. State. and Federal Ref!ulations
Local codes and ordinances applicable to the redevelopment area have been referenced in this plan.
Notwithstanding these references, the participating developer(s) and the RDA shall comply with any and
all local, state, and/or federal codes as applicable.
Redevelopment Plan Modification
This plan may be modified or changed at any time in accordance with Section 66.1333(11), Wisconsin
Statutes, including after sale or lease of property acquired by the RDA. If the plan is modified, a public
hearing will be conducted by the Redevelopment Authority. All proposed changes to this plan are
recommended and approved by the RDA, as well as the Common Council.
Termination of the District
Following implementation and completion of project activities, this redevelopment area and plan will be
terminated by action of the Common Council.
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APPENDIX A
Map 1
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18
Existing Zoning
SECTION 30-29
M-2 CENTRAL INDUSTRIAL DISTRICT
(A) Permitted Uses
(1) Uses permitted in the M-1 Light Industrial District unless otherwise provided in this Chapter.
(2) Conditional Uses
. Any conditional use identified in the M-1 Light Industrial District unless otherwise
provided in this Chapter.
. Any outright permitted use or conditional use allowed in the M-3 General Industrial
District that is not otherwise allowed as an outright permitted use in the M-1
Light Industrial District.
An application for a conditional use permit shall not be approved unless it complies with the
conditions and standards set forth in Section 30-11 Conditional Use Permits.
(B) Standards - All Structures
The following standards shall apply to development undertaken in this district, unless modified by
the application of provisions in Section 30-33 Planned Development District, or unless more
restrictive standards apply per Section 30-35 Additional Standards and Exceptions.
(1) Front Yard Setback: None required, except when parts of a block are in a residential district,
the minimum setback is twenty-five (25) feet.
(2) Side Yard Setback: None required. If provided where not required, a five (5) foot minimum
setback is required.
(3) Rear Yard Setback: None required.
(4) Lot Width: None required for uses permitted in the M-1 Light Industrial District. One hundred
fifty (150) foot minimum for M-3 General Industrial District uses.
(5) Lot Size: None required for uses permitted in the M-1 Light Industrial District. One (1) acre
minimum for M-3 General Industrial District uses.
(6) Corner Lots: A ten (10) foot setback must be provided along all streets where the block
frontage is divided among districts with setback requirements. Otherwise, no setback is
required.
(7) Vision Clearance: None required.
(8) Off-Street Parking: In accordance with Section 30-36 Off-Street Parking and Loading
Facilities.
SECTION 30-22
R-5 MULTIPLE DWELLING DISTRICT
(A) Permitted Uses
(1) Any use permitted in the R-4 Multiple Dwelling District, unless otherwise provided in this
Chapter.
(2) Bed and breakfast inn
19
(3) . Boarding/rooming house and lodging house
(4) College/university, including residence halls
(5) Fraternity or sorority house
(6) Hospital or sanitarium, except a mental or animal hospital
(7) Municipal or governmental structure, except sewage disposal plants, garbage incinerators,
public warehouses, public garages, public shops, and storage yards and prisons.
(8) Nursing home
(9) Public structure including public recreational and community center structure and ground.
(10) Religious, philanthropic, and charitable institution.
(11) Any use similar to the above uses.
(12) Conditional Uses
. Commercial greenhouse and nursery
. Cemetery
. Day care center
. Family day care center for nine (9) or more children
. Funeral home
. Group homes licensed, operated or permitted under authority of Wisconsin Department of Health and
Social Services with sixteen (16) or more persons.
. Homeless shelter/center
. Mental or psychiatric hospital
. Parking lot
. Public utility structure
. Schools, public and private (including nursery, kindergarten, elementary, and high school)
. Substance abuse treatment facility
. Swimming club, private (non-profit)
An application for a conditional use permit shall not be approved unless it complies with the
conditions and standards set forth in Section 30-11 Conditional Use Permits.
(B) Standards
The following standards shall apply to development undertaken in this district, unless modified by
the application of provisions in Section 30-33 Planned Development Districts, or unless more
restrictive standards apply per Section 30-35 Additional Standards and Exceptions.
(1) All Development
(a) Lot Area:
(i) Width: Sixty (60) feet minimum.
(ii) Depth: One hundred (100) feet minimum.
(iii) Area: Seven thousand twQ hundred (7,200) square feet minimum.
(iv) Per Unit: One thousand five hundred (1,500) square feet minimum.
(2) Principal Structure/Non-Residential
20
(a) Height: Forty-five (45) feet maximum.
(b) Side Yard Setback: Ten (10) feet minimum, both sides.
(c) Front Yard Setback: Twenty-five (25) feet minimum.
(d) Rear Yard Setback: Twenty-five (25) feet minimum.
(e) Off-Street Parking: In accordance with Section 30-36 Off-Street Parking and
Loading Facilities.
(3) Principal Structure/SinQle Family DwellinQ: Shall meet all R-1 Single Family Residence
District basic standards.
(4) Principal StructurelTwo Family DwellinQ: Shall meet all R-2 Two Family Residence District
basic standards.
(5) Principal Structure/Multiple Family DwellinQs
(a) Height: Forty-five (45) feet maximum.
(b) Side Yard Setback:
(i) 1 to 4 units: Seven and one-half (7 1/2) feet minimum, both sides.
(ii) Greater than 4 units: Seven (7) feet one (1) story, plus three (3) feet each
additional story, both sides.
(c) Front Yard Setback: Twenty-five (25) feet minimum.
(d) Rear Yard Setback: Twenty-five (25) feet for two (2) stories or less, plus five (5) feet
each additional story.
(e) Dwelling Unit Structure Area: One thousand two hundred (1,200) square feet for two
(2) units, one thousand five hundred (1,500) square feet for three (3) units, four (4)
or more units five hundred (500) square feet per unit minimum. No individual unit
shall be less than four hundred (400) square feet.
(f) Off-Street Parking: In accordance with Section 30-36 Off-Street Parking and
Loading Facilities.
(6) Accessory Structures/Uses
The total allowable area for all accessory structures shall not exceed one thousand two
hundred (1,200) square feet (excluding boathouse) or five hundred (500) square feet per
unit whichever is greater.
(a) Attached GaraQe:
All dimensional requirements (Le. setbacks and height) of an attached garage shall
be the same as the principal structure.
(b) Detached GaraQe in Rear Yard
(i) Height: Eighteen (18) feet and one (1) story maximum.
(ii) Front Yard Setback: Sixty (60) feet minimum, except if all required setbacks
21
of a principal structure are met.
(iii) Yard Setback from an Alley Line: Ten (10) feet minimum.
(iv) Rear Yard Setback: Two and one-half (2 1/2) feet minimum.
(v) Side Yard Setback: Two and one-half (2 1/2) feet minimum.
(vi) Structure Area: Five hundred (500) square feet per unit maximum or a
maximum thirty (3D) percent of the rear yard area, whichever is less.
(vii) Any detached garage closer than five (5) feet to a principal structure shall
adhere to or exceed all required minimum setbacks of the principal structure.
(c) Detached Garaqe in Side Yard
(i) Height: Eighteen (18) feet and one (1) story maximum.
(ii) Front Yard Setback: Twenty-five (25) feet or the same setback as the
principal structure, whichever is greater.
(iii) Rear Yard Setback: Twenty-five (25) feet minimum.
(iv) Side Yard Setback: Seven and one-half (7 1/2) feet minimum.
(v) Structure Area: Five hundred (500) square feet per unit maximum or a
maximum thirty (30) percent of the rear and side yard areas combined,
whichever is less.
(vi) Five (5) foot minimum between principal and accessory structures.
(d) Detached Garaqe on Comer Lots
(i) Front Yard and Side Street (Front Yard) Setbacks: Twenty-five (25) feet
minimum or the same as the existing principal structure.
(ii) Side Yard Setback: Two and one-half (2 1/2) feet minimum setback provided
the accessory structure is a minimum of ten (10) feet from a neighboring
principal structure.
(iii) Rear Yard Setback: Same as side yard setback.
(iv) Structure Area: Five hundred (500) square feet per unit maximum.
(v) Any detached garage closer than five (5) feet to a principal structure shall
adhere to or exceed all minimum required setbacks of the principal structure.
(e) Utility Storaqe Structure
(i) One (1) utility storage structure when located on the same lot as the principal
structure not occupied by nor involving the conduct of a business or home
occupation.
(ii) The location of the structure shall comply with all setback/height
requirements governing a detached garage.
22
(Hi) Structure Area: One Hundred Fifty (150) square feet maximum with said
utility storage structure and all other accessory structures combined not
exceeding thirty (30) percent of the rear yard area.
(f) Boathouse
(i) One (1) boathouse structure when located on the same lot as the principal
structure.
(ii) The location of the boathouse shall comply with all setback/height
requirements governing a detached garage.
(iii) Structure Area: Five hundred (500) square feet maximum.
(g) Accessory Structure/Non-Residentia I
(i) Must be customary and incidental to the allowed principal uses. Accessory
structures may not exceed forty (40) percent of the floor area of the structure
for incidental storage.
(H) Standards
(aa) Same as the principal structure unless noted below.
(bb) Front Yard Setback: Sixty (60) feet minimum and not less than five
(5) feet behind the principal structure.
(cc) Corner Lots: Front yard/side street (front yard) setbacks shall be the
same as the principal structure.
(h) Satellite Television Receivinq Device
(i) Ground Mounted: Must be located in the rear yard and must adhere to the
same required height and setback requirements as an accessory structure
located in the rear yard.
(ii) Roof Mounted: Are permitted.
(aa) Height: No higher than the allowable height of the principal structure.
SECTION 30-25
C-2 GENERAL COMMERCIAL DISTRICT
(A) Permitted Uses
(1) Any use permitted in the C-1 Neighborhood Business District, except residential uses, unless
otherwise provided in this Chapter.
(2) Bank
(3) Bowling alley, dancing school, dance hall, pool and billiard room, skating rink, theater except
drive-in theater.
(4) Motel and hotel
(5) News agency
23
(6) Photography studio and supplies
(7) Printing and engraving establishments, except newspaper and book publishing.
(8) Retail stores: such as but not limited to appliance, book, clothing store, dry goods, dress
shop, electrical supplies, florist shop, furniture, hardware, heating, hosiery shop, jewelry,
monument sales, music, notions, optical, paint, plumbing, radio, stationary, shoe, tailor shop,
television, tobacco and pipe.
(9) Restaurant
(10) Any use similar to the above.
(11) Conditional Uses:
. Animal hospital and pet shop
. Automobile service facility
. Cemetery
. Club and semi-public structure
. College/university including residence halls
. Commercial greenhouse and nursery
. Day care center
. Fish market (wholesale)
. Funeral home
. Hotel/motel directional signs
. Kindergarten school
. Mental or psychiatric hospital
. Mixed commercial/residential
. New and used automobile sales
. Nursery school
. Parking lot
. Public utility structure
. Restaurant with drive-up or drive-thru
. Uses permitted in the M-1 Light Industrial District, Section 30-28(A)
. Vocational school
. Wireless telecommunication tower/antennas
. Wholesale or distributing establishment of electrical supplies or prepackaged
convenience foods.
An application for a conditional use permit shall not be approved unless it complies with the
conditions and standards set forth in Section 30-11 Conditional Use Permits.
(8) Standards
The following standards shall apply to development undertaken in this district, unless modified by
the application of provisions in Section 30-33 Planned Development Districts, or unless more
restrictive standards apply per Section 30-35 Additional Standards and Exceptions.
(1) Mixed Commercial/Residential Structures: Are permitted by conditional use permit and shall
meet all conditions of conditional use permit approval and, shall meet the standards for
principal commercial structures unless otherwise noted below:
(a) Upper Floor Residential Only: Residential uses are limited to upper floor areas. No
separate residential structure is permitted on the same lot with a non-residential or
mixed commercial/ residential structure.
24
(b) Dwelling Unit Area: Four hundred (400) square feet minimum.
(c) Height: Forty-five (45) feet maximum.
(d) Off-Street Parking: In accordance with Section 30-36 Off-Street Parking and
Loading Facilities.
(2) Principal Commercial Structures
(a) Height: Forty-five (45) feet maximum.
(b) Side Yard Setback: Ten (10) feet minimum.
(c) Front Yard Setback: Twenty-five (25) feet minimum.
(d) Rear Yard Setback: Twenty-five (25) feet minimum, however, parking shall be
allowed with a five (5) foot minimum setback, provided a five (5) foot landscaped
buffer is provided.
(e) Off-Street Parking: In accordance with Section 30-36 Off-Street Parking and
Loading Facilities.
(3) Accessory Commercial Structures
(a) Must be customary and incidental to the allowed principal uses including the
processing or treatment of products clearly incidental to the conduct of a retail
business on the premises. Accessory uses may not exceed forty (40) percent of
floor area of the structure.
(b) Standards
(i) Same as the principal commercial structure unless otherwise noted below.
(ii) Front Yard Setback: Sixty (60) feet minimum and not less than five (5) feet
behind the principal commercial structure.
(iii) Corner Lots: Front yard/side street (front yard) setbacks shall be the same
as the principal commercial structure.
SECTION 30-26 C-3 CENTRAL COMMERCIAL DISTRICT (SEE BELOW)
Proposed Zoning
SECTION 30-26
C-3 CENTRAL COMMERCIAL DISTRICT
(A) Permitted Uses
(1) Any use permitted in the R-5 Multiple Dwelling District, unless otherwise provided in this
Chapter.
(2) Any use permitted in the C-2 General Commercial District, unless otherwise provided in this
Chapter.
(3) Automobile storage garage
25
(4) Animal hospital and pet shop excluding open kennel
(5) Bakery, employing not more than five (5) persons
(6) Caterer
(7) Convention and exhibition hall
(8) Funeral home
(9) Laundry and cleaner
(10) Microwave, radio and television relay structure
(11) Newspaper printing, publishing or engraving establishment
(12) Parking lot
(13) Radio and television broadcasting studio
(14) Railroad and bus passenger depot
(15) Any use similar to the above
(16) Conditional Uses:
· Automobile service facility
· Cemetery
· Clubs and semi-public structure
· College/university including residence halls
· Commercial greenhouse and nursery
· Day care center
· Fish market (wholesale)
· Family day care for nine (9) or more children
· Hotel/motel directional signs
· Mental or psychiatric hospital
· Mixed commercial/residential
· New and used automobile sales
· Nursery school
· Public utility structure
· Restaurant with drive-up or drive thru
· Uses permitted in the M-1 Light Industrial District, Section 30-28(A)
· Vocational school
· Wireless telecommunication tower/antennas
An application for a conditional use permit shall not be approved unless it complies with the
conditions and standards set forth in Section 30-11 Conditional Use Permits.
(B) Standards
The following standards shall apply to development undertaken in this district, unless modified by
the application of provisions in Section 30-33 Planned Development Districts and Section 30-27
Downtown Overlay District, or unless more restrictive standards apply per Section 30-35 Additional
Standards and Exceptions.
(1) Residential Structures: Shall meet all standards of the R-5 Multiple Dwelling District
26
(2) Mixed Commercial/Residential Structures: Are permitted by conditional use permit, and
shall meet all conditions of conditional use parmit approval and shall meet the standards for
principal commercial structures, unless otherwise noted below:
(a) Upper Floor Residential Only: Residential uses are limited to upper floor areas. No
separate residential structure is permitted on the same lot with a non-residential or
mixed commercial/residential structure.
(b) Dwelling Unit Area: Four hundred (400) square feet minimum.
(c) Height: Forty-five (45) feet maximum.
(d) Off-Street Parking: In accordance with Section 30-36 Off-Street Parking and
Loading Facilities.
(3) Principal Commercial Structures
(a) Height: Forty-five (45) feet maximum.
(b) Side Yard Setback: None required.
(c) Front Yard Setback: None required. However, if block frontage is shared with a
residential district a twenty-five (25) foot minimum setback is required.
(d) Rear Yard Setback: None required.
(e) Corner Lots: The side street (front yard) setback can be reduced to not less than
twelve (12) feet, as may be necessary to attain a twenty-eight (28) foot buildable
width. The required side yard opposite the side street (front yard) must be
maintained.
(f) Off-Street Parking: In accordance with Section 30-36 Off-Street Parking and
Loading Facilities.
(4) Accessory Commercial Structures
(a) Must be customary and incidental to the allowed principal uses including the
processing or treatment of products clearly incidental to the conduct of a retail
business on the premises. Accessory uses may not exceed forty (40) percent of the
floor area of the structure.
(b) Standards
(i) same as the principal commercial structure unless noted below.
(ii) Front Yard Setback: Sixty (60) feet minimum and not less than five (5) feet
behind the principal commercial structure.
(iii) Corner Lots: Front yard/side street (front yard) setbacks shall be the same
as the principal commercial structure. ~
ARTICLE IX. PLANNED DEVELOPMENT OVERLAY DISTRICT
SECTION 30-33
PLANNED DEVELOPMENT DISTRICTS
27
(A) Purpose and Intent
(1) Purpose
(a) It is the purpose of this Section to provide a method which will facilitate a more
flexible mixture and pattern of development, the grouping of open spaces, and
arrangement of living patterns in accordance with good planning principles while
providing adequate safeguards to protect the community.
(b) It is anticipated that development within this district will offer one (1) or more of the
following advantages:
(i) Designs which reflect the City's development and planning policies
for residential neighborhoods or nonresidential areas in which the
district is to be located, as set forth in the City's Comprehensive Plan.
(ii) Designs which provide substantial buffers and transitions between
areas of different land uses and development densities.
(iii) Designs which enhance the appearance of developments and the
surrounding area by conserving areas of natural beauty and natural
green space.
(iv) Designs which lessen congestion on streets, and contribute to
improvements in pedestrian and vehicular circulation.
(v) Designs which promote architectural compatibility between adjacent
structures.
(vi) Designs which will positively contribute to the physical appearance
and functional arrangement of land uses and buildings in the area.
(vii) Designs which will buffer differing types of land use and intensities of
development from each other so as to minimize any adverse impact
which new development may have on existing development.
( c) Areas that may be deemed appropriate for a Planned Development Overlay
District include:
(i) Transitional Areas: which involve locations with a mix of different land
uses, where new development is proposed in an area of older uses
and buildings, and where the older uses may be allowed with lesser
zoning standards than appropriate for new development.
(ii) Infill areas: which involve parcels bypassed during the normal
course of urbanization in the community.
(iii) Redevelopment Areas: which relate to locations appropriate for
redevelopment, either public or private, where first or subsequent
uses and/or buildings are replaced by new uses and/or structures.
(iv) Large Commercial areas: which include shopping centers with a
number of occupancies and/or structures, together with outlots, or
locations encompassing multiple centers or multiple large scale
commercial developments.
(v) Special Areas: which include locations that were identified as Special
areas in the City's Comprehensive Plan.
(vi) Large Scale and/or Mixed Use Areas: which encompass locations at
lest twenty (20) acres in size, where base zoning standards may not
be appropriate and/or needed, and where the developer and
28
community could benefit from a greater level of flexibility in the
application of land use controls.
(2) Exceptions
The City may permit in any Planned District (PO) even greater flexibility in the type of uses,
the area and yard requirements, the off-street parking and other regulations set forth in this
Section, subject to demonstration of appropriateness for the area under consideration.
(3) Zoninq Classification
The Planned Development (PO) District shall be applied as an overlay zoning district. When
applied to a specific geographic area, the PO shall have the effect of allowing development
to be designed, reviewed, approved, constructed and managed according to the provisions
of this Section, rather than is required by the underlying zoning district. However, the
underlying zoning district shall prevail in determining permitted and conditional uses of land
within the PO as well as the maximum permitted project density or intensity of land use,
except as otherwise provided herein.
(4 ) Benefit
(a) It is not intended that the City will automatically grant exceptions for a Planned
Development Overlay District, but it is expected the City shall grant only such
exceptions which are deemed consistent with benefits accruing to the City as a result
of the planned development. The City may require as a condition of approval any
reasonable condition, limitation, or design factor which will promote development in
the Planned Development Overlay District consistent with the intent of this Section.
(B) Planned Residential District
(1 ) Permitted Uses
(a) Any uses permitted in the underlying residential zone, including the allowed
accessory structures.
(b) Commercial uses permitted in the C-1 Light Commercial District, not to exceed five
(5) percent of the area of the Planned District.
(2) Standards
(a) Each Planned District shall have an area of at least one and one-half (1 2) acres.
(b) Not less than fifteen (15) percent of the total area of the Planned District shall be
devoted to open space.
(C) Planned Commercial District
(1) Permitted Uses
Any uses permitted in the underlying commercial zone, including the allowed accessory
structures.
(2) Standards
(a) Each Planned District shall have an area of at least one and one-half (1 2) acres.
(b) Not less than ten (10) percent of the total area of the District shall be devoted to
landscaped open space.
(c) The commercial units of the Planned District shall not exceed the standard density
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of the underlying zoned area.
(D) Planned Industrial District
(1) Permitted Uses
(a) Any uses permitted in the underlying industrial zone, including the allowed accessory
structures.
(b) Appropriate and compatible commercial uses.
(2) Standards
(a) Each planned district shall have an area of at least one and one-half (1 1/2) acres.
(b) Not less than ten (10) percent of the total area of the district shall be devoted to
landscaped open space.
(E) Administrative Process
(1) Informal review of proposal by the Department of Community Development.
(2) Applications for rezoning to a Planned Development Overlay District shall include at least
one of the advantages as stated in Section 30-30(A))(1 )(b) and identify the characteristics
of the District per Section 30-30(A)(1 ))(c).
(3) Conditional use permit request for development plan review and approval.
(a) The development plan shall include an architect's drawing showing:
(i) The location of all structures or recreational facilities.
(ii) The location of all drives, entrances and sidewalks.
(iii) The location, size, number and screening of all parking spaces.
(iv) Drainage and grading plan.
(v) A detailed proposal including covenants, agreements, or other documents
showing the ownership and method of assuring perpetual maintenance of
land to be used for common purposes.
(b) Review Criteria
In reviewing the development plan, the following criteria shall be used:
(i) Conformance with applicable standards of the base zoning district and the
provisions of this chapter, except as may be modified under Section 30-33
and Section 30-11.
(ii) Suitability of the site for the proposed development.
(iii) Compatibility of the proposed development with adjacent and nearby existing
or planned development in terms of scale, mass, height, bulk, uses,
activities, traffic, design, structure placement, privacy, views and similar
concerns.
(iv) Utilization of site planning principles common to high quality development.
(v) Effective mitigation of any potential negative impacts of the proposed
development either on the site itself or off the site.
(vi) Conformance with the Comprehensive Plan, or other adopted City plans.
(c) The Plan Commission, in making its recommendation to the Common Council, shall
consider said criteria and take into consideration the recommendations of the
Department of Community Development, and comments received at the Plan
Commission meeting at which the item is reviewed.
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(4) Recordinq of Plats
In addition to the requirements of the Subdivision Regulations, plats located in a Planned
District shall include statements indicating:
(a) That the land is a portion of a Planned District.
(b) That no substantive changes may be made without submission of a revised final
plan, with subsequent approval by both the Plan Commission and Common Council.
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