HomeMy WebLinkAbout09-401OCTOBER 27, 2009 09 -401 ORDINANCE
FIRST READING
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE ZONE CHANGE FROM M -2 CENTRAL INDUSTRIAL
TO C -1 NEIGHBORHOOD BUSINESS / 1000 BLOCK WEST
MURDOCK AVENUE
INITIATED BY: CENTURY OAKS LLC, PETITIONER
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30 -16
(B) 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 -16(B) of the Oshkosh Municipal Code pertaining to
Zoning Districts and the map therein described is hereby amended by changing the
district character of the following described area from M -2 Central Industrial to C -1
Neighborhood Business.
The S 190 ft. of the SW Y4 of the SE Y4 N of Murdock Ave., E of vacated Cedar St. and
W of Beech St., also Lots 3 — 9 and 12 — 14, Block 6, and Lots 3, 4, 7 & 8 of Block T
Also S 285 ft. of vacated Cedar St. N of Murdock Ave. excluding the N 55 ft. of Lot 3 &
12, Block 6 and the N 55 ft. of Lots 3 & 7, Block 7, Eichstadts Subdivision, 12th Ward,
City of Oshkosh, Winnebago County, Wisconsin plus public right -of -way abutting said
lots extending to the centerlines of Walnut St., W. Murdock Ave. and Beech Street.
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 #09 -XXX APPROVE ZONE CHANGE FROM M -2 CENTRAL
INDUSTRIAL TO C -1 NEIGHBORHOOD BUSINESS / 1000 BLOCK WEST MURDOCK
AVENUE on November 10, 2009. The Ordinance changed the zoning classification to
C -1 Neighborhood Business. 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.
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DISCLAIMER
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one.
Rezone
From M-2
City of Oshkosh Wisconsin
Community Development
This drawing is a compilation of records, data
and information located in various city, county
To C-1
N
and state offices and other sources affecting
the area shown and it is to be used for reference
+ 10/1/09
purposes only. The City of Oshkosh is not
sponsible for any inaccuracies herein contained.
re-
1 200'
It'discrepencies are found, please contact the
City of Oshkosh.
Created by - D
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OfHKO H
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn BurichjJ
Director of Pla n ng e ices
DATE: October 22, 2009
RE: Approve Zone Change from M -2 Central Industrial to C -1 Neighborhood
Business / 1000 Block West Murdock Avenue (Plan Commission recommends
approval)
BACKGROUND /SUBJECT PROPERTY
The subject parcel is approximately 3.4 acres and is vacant except for two small fenced -in areas
formerly used for parking and enclosed storage of boats which had been approved by
Conditional Use Permit in 2006. The property is triple fronted and is situated along the north
side of the 1000 block of West Murdock Avenue east of the unimproved Walnut Street and west
of Beech Street. Much of the perimeter of the site is heavily vegetated with a combination of
mature over story trees, under story trees, and shrubbery.
ANALYSIS
The purpose of rezoning is to allow the applicant to apply for a Conditional Use Permit to
develop a community based residential facility for frail elderly and disabled adults. The
Comprehensive Plan Land Use Map identifies this area as appropriate for commercial use and
this parcel is the only property on West Murdock Avenue with an industrial zoning designation
that was retained for the potential use by Mercury Marine who is currently negotiating a sale of
the parcel. The C -1 Neighborhood Business District zoning designation is the appropriate
zoning designation for this property as it permits potential residential uses while also allowing
limited "residentially sensitive" commercial uses such as smaller scale retail and office. This
zoning classification is also consistent with other properties along the north side of West
Murdock Avenue. The petitioner is requesting to waive the second reading of the rezoning
request (see attached letter) due to weather constraints.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved this request at its October 6, 2009 meeting.
Approved,
City Manager
Alk
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COMMUNITY DEVELOPMENT September 16, 2009
Mr. Mark Rohloff, City Manager
City of Oshkosh
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Century Oaks, City of Oshkosh
Dear Mr. Rohloff:
On behalf of the Century Oaks, LLC, I hereby request the City Council take action on the rezoning
request submitted for 1018 W. Murdock Avenue at the same meeting, upon conclusion of the public
hearing. The reason for this request is based on weather, specifically the onset of winter.
It is understood that this project, if approved by the City, will likely be constructed over the winter and
under winter conditions. Although the contractor can deal with most winter conditions, it is critical
that the foundation and concrete slab /floor be poured so the building can be enclosed. They will not
pour concrete if the temperature is below 20° F regardless of the frost protection the contractor may
include on the ground. As such, a winter start could prohibit the pouring of the floor slab for a period
of time. Therefore, the two weeks that could be gained by consolidating the council action,
considering the time of year, may enable this first critical step be completed while the weather is still
favorable. Granting this request could be extremely valuable to the overall project schedule.
Thank you in advance for consideration of this request.
Sincerely,
r
John R. Davel, PE
President
L'_!lM
cc David Buck, City of Oshkosh Planning Department
Jolene Moran, Century Oaks, LLC
1817 2ocine Street • Menasha, WI 54952 • Ph. 920 - 991 -1866 • Fox 920 - 830 -9595 • www, dovelengineering. com
ITEM: ZONE CHANGE FROM M -2 CENTRAL INDUSTRIAL DISTRICT TO C -1
NEIGHBORHOOD BUSINESS DISTRICT FOR PROPERTY LOCATED ON THE
NORTH SIDE OF THE 1000 BLOCK WEST MURDOCK AVENUE
Plan Commission meeting of October 6, 2009
GENERAL INFORMATION
Applicant: John Davel, Davel Engineering, Inc.
Owner: Mercury Marine
Action(s) Requested:
Zone change from M -2 Central Industrial District to C -1 Neighborhood Business District to allow a
Conditional Use request for the development of an assisted living /residential care facility.
Applicable Ordinance Provisions:
The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies on
the Comprehensive Plan, redevelopment plans and modern planning principles.
Property Location and Background Information:
The parcel included within this rezoning request is approximately 500 feet wide by 285 feet deep
(approximately 3.4 acres /145,000 square feet) and is vacant except for two small fenced -in areas formerly
used for parking and enclosed storage of boats, which had been approved by Conditional Use in 2006
(Resolution 06 -279). The property is triple fronted and is situated along the north side of the 1000 block of
West Murdock Avenue east of the unimproved Walnut Street and west of Beech Street. Much of the
perimeter of the site is heavily vegetated with a combination of mature over story trees, under story trees and
shrubbery.
Subiect Site
Vacant former enclosed
M -2
kdiacent Land Use and
North
Single-Family Residences
..... . . ........................ ............................................................................................................ .. ........................................
R -1
. ................................................. ......... ........ ...............................
... .. ................
I. ....._ .....
Single- Family Residences (across West Murdock
R -2
South
Avenue)
...............................
.................................................................................................................................................................................................................................................................................................................................................................
Vacant Commercial formerly Oshkosh Tire (across
C -2
East
Beech Street)
.............................._
......................................................................_......................................................................................._..........................................................................._.........................................................................................................................................................
Single - Family Residences (across unimproved Walnut
C -1
West
Street)
ANALYSIS
The purpose of rezoning is to allow the applicant to apply for a Conditional Use Permit to develop a
community based residential facility for frail elderly and disabled adults, which is also up for action on this
agenda.
The Comprehensive Plan Land Use Map identifies this area as appropriate for commercial use and a zone
change to a commercial zoning is being requested. This parcel is the only property on West Murdock
Avenue with an industrial zoning designation that was retained for the potential use by Mercury Marine. At
this time, they are selling the property and the potential buyer is initiating the rezone and conditional use
request.
The C -1 Neighborhood Business District zoning designation is the appropriate zoning designation for this
property as it permits potential residential uses while also allowing limited "residentially sensitive"
commercial uses such as smaller scale retail and office. Other code requirements such as transitional yards
and screening of higher intensity uses from the residential uses provide further safeguards that any future use
on the lot will not be detrimental to the neighboring residences. Furthermore, the rezoning of this property
to a commercial zoning is consistent with others along West Murdock as the properties on the north side of
West Murdock on both sides of this property are also zoned commercial.
RECOMMENDATION
The Department of Community Development recommends approval of the zone change from M -2 Central
Industrial District to C -1 Neighborhood Business District as requested.
The Plan Commission approved of the zone change as requested. The following is the Plan Commission's
discussion on this item.
Mr. Buck presented the item and reviewed the site and surrounding area as well as the land use in the area.
He commented that it was previously being used for parking and enclosed storage of boats by Mercury
Marine who is currently in the process of selling the property. The Comprehensive Plan recommends
commercial zoning for this area, but the manufacturing zoning had been maintained from Mercury Marine's
previous use of the site.
The Plan Commission decided to review and vote on both the zone change and conditional use permit
request as one item.
IIB. CONDITIONAL USE PERMIT TO DEVELOP AN ASSISTED LIVING AND
RESIDENTIAL CARE FACILITY ON PROPERTY LOCATED ON THE NORTH SIDE OF
THE 1000 BLOCK OF WEST MURDOCK AVENUE
The applicant is requesting a conditional use permit to develop an assisted living and residential care facility
as home for frail elderly and disabled adults with associated site improvements.
Mr. Buck presented the item and reviewed the site plan for the proposed CBRF. He stated that Walnut
Street on the west side of the parcel is not constructed and that the proposed two buildings would be built in
phases with the structure on the east side of the parcel to be completed first. The petitioner is seeking
approval for both buildings at this time. He further stated that the driveway accessing Murdock Avenue
would be shifted to the west so that the centerline of the driveway lines up with the centerline of Cedar
Street and the sidewalk along Beech Street is extended to the north property line. Signage, landscaping, and
stormwater detention plans have not yet been submitted for the development, but will be required to meet
Item - Rezone 1000 Block W Murdock
code at the time of building permit issuance. The petitioner has stated that they would make every effort to
retain the old growth trees on the site and incorporate them into their landscape plans. Mr. Buck also
reviewed the building elevations and building features and displayed photos of the proposed development.
Mr. Borsuk questioned why the staff report showed the owner as Mercury Marine and the applications stated
it was owned by Century Oaks, LLC.
Mr. Buck replied that they were in the process of negotiating a sale of the property, but records show that the
site is still in the name of Mercury Marine.
Mr. Borsuk inquired if the future building on the site would look different than the first structure.
Mr. Buck responded that the petitioner has indicated that the second structure may be re- designed, however
the Plan Commission is reviewing the proposal for the approval of the use on the site only. He further stated
that if circulation is changed on the site, the petitioner would have to come back to the Plan Commission for
further approval.
Mr. Thorns questioned if the driveway access on Beech Street is an acceptable distance from Murdock
Avenue.
Mr. Buck replied that the required distance would be 40 feet and that the driveway access exceeds that
requirement.
Mr. Thorns inquired if the rezoning was contingent on the sale of the property to Century Oaks and if the
sale was not finalized, would the zoning be required to be changed a second time.
Mr. Burich responded that C -1 was the appropriate zoning regardless of whether this development moved
forward or not.
Mr. Hinz questioned why there was no driveway access onto Walnut Street.
Mr. Buck replied that Walnut Street was currently unimproved at this time and even if it would be
constructed at a later date, three drive accesses for this use would be excessive. The property owners would
be required to request the street to be constructed or vacated to initiate any action on the part of the City.
Paul Moran, 2748 Holiday Court, Neenah, stated that he was present on behalf of the petitioner if anyone
had any questions.
Mr. Thorns commented that he was not comfortable with reviewing proposals that do not include
landscaping or stormwater plans.
Mr. Fojtik stated that in this case the Commission was reviewing the site for the appropriateness of the use
not approving a development plan.
Mr. Thorns commented that he felt that the approval of the use should involve reviewing all concepts of the
plan.
Mr. Burich responded that the Zoning Ordinance designates the requirements for minimum landscaping and
stormwater and the development would have to meet the ordinance requirements at the time of building
permit issuance so these types of requests don't typically include the landscape plan. However, if the Plan
Commission wanted to require additional landscaping to mitigate some impact that would be appropriate.
Item - Rezone 1000 Block W Murdock 2
Motion by Monte to approve the zone change from M -2 Central Industrial District to C -1
Neighborhood Business District and to approve the conditional use permit to develop an assisted
living and residential care facility on property located on the north side of the 1000 block of West
Murdock Avenue as requested with the following conditions to be applied to the CUP:
1) Driveway is shifted to the west so that the centerline of the driveway lines up with the centerline of
Cedar Street.
2) Sidewalk is extended along the Beech Street frontage to the north property line.
3) If wet ponds are used, the detention basins are to be designed without rip rap above the water line
and native plants to be planted on the side slopes Hof the basin and emergent plants on the safety
shelf with final design to be approved by the Department of Community Development.
Seconded by Bowen. Motion carried 7 -0.
Item- Rezone 1000 Block W Murdock
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ON THE WATM
AP ICANT IN OR . TIO�V
City of Oshkosh Application
Rezoning
* *PLTASi; TYI'E OR PRINT USING BLACK INK "*
SUBMIT'CO:
Dept. of Community Devclopmcnt
215 Church lAvc., P.O. Box 1130
Oshkosh, Wisconsin 549031130
PHONE: (920) 236 -5059
Date :p 0 9 I z OM
Petitioner: _� DA ELL3GZ1<VEEB3t13C , ,�
Petitioner's Address: SC 5'RE City: �iIE,�I State: W� Zip:9 9�52-
Tcleph.anc #: ( 991 -.. 866 _� Fax: (920) 88 -95 5 OtberContact #orEtnail:�ogtt @nAVEL x1�Ii RING.coM
Status of Petitioner (Please Cbeck):
petitioner's signature (required):
O +R F0 I TI N
Tenant Prospective Buyer
Owner(s): CENTURY OAKS LLC
Date: f
Date: 09/09/200
Owners) Address: PO BOX 421
City NE EN.A.H State: wi Zip: 54956
2 0 )725 -63()4 Other Contact ff or Email: JMORAN C� NEW . RR. COM
Telephone #: (920)527-9910 Fax: (9
ownership Status (Please Check) individual Trust Partnership xCorporation
Property Owner Consent: (required)
By signature hereon, Me acknowledge that City officials and /or employees may, in the performance of their functions, enter upon
the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are
tentative and may be postponed by the Planning Services Division for ineomplete submissions or otter Administrative reasons.
Property Owner's Signature:
Address /Location of Rezoning Request: 10- 1$�S�is" t3Bla�Cx-- �VE ��
Tax Parcel Number(s):
Rczove property from:
�- 2 to
purpose for Rezoning: TO ACCOMODATN CONST WCTION OR AN ASSISTED LIVING/
RESIDENTIAL CARE FACILITY.
Describe existing property development and land use: _p}3, EE&U
Describe proposed development and /or proposed land use: A,SSZSTED LTVSN ktESZDE CARE FACILIT
.ILL -�$� l- A
CFE SA9N_..A�—
Proposed time schedule for development and /or use of the property: ��;�tELOF E1`1T
AL.L REOVTRE Z,OCAL AND TA 2" AP ROVALS ARE RECEIVED. 1 �y
Staff Date Ree Q ) d / tk
3
Zoning Adjacent to the Site: North: R -1
South: R -2
East:
West:
SUBMITTAL REQUIREMENTS — Must accompany the application to be complete.
Map of the immediate area showing property involved. Area to be rezoned must be outlined in color
® A site plan drawn to readable scale showing present status of property and proposed development
® Street address, adjacent streets, intersections and any other information or landmarks to help identify the property
to Location of existing uses, structures, fences and signs and location of proposed uses, structures, fences and signs
® A narrative statement explaining the zone change and discussion of the project
➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh.
➢ Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE
SUMMARY OF PROCESS
The City of Oshkosh Plan Commission and Common Council act on all zone changes. The petitioner or owner
should be ores ent at both the Plan Commission and Common Council meetings to discuss and answer
questions regarding the request.
Neighborhood opinion is an important factor in the decision - making process. For complex or controversial
proposals, it is recommended that the petitioner conduct a neighborhood meeting to solicit public input prior to
action by the Plan Commission and City Council. Planning Services staff is available to offer assistance in
compiling a mailing list for the neighborhood meeting. Please note that a meeting notice will be mailed to all
abutting property owners regarding your request.
The application package is reviewed by Planning Services staff to determine conformance with adopted city
plans, zoning requirements and development standards. A staff recommendation is prepared for consideration
by the Plan Commission and Common Council. The petitioner will be provided with a copy of the staff report
and meeting notice several days prior to the Plan Commission meeting. No notice is sent to the petitioner or
owner regarding the Common Council's consideration of the request. Petitioners and owners are encouraged
to contact Planning Services staff to fmd out when the request will be sent to the Common Council for review.
The Plan Commission's decision is advisory only. The Common Council will make the final decision
regarding all zone change requests. The Plan Commission may lay over requests to subsequent meetings if
incomplete information is provided or additional questions or concerns are raised at the meeting.
After the Plan Commission makes its recommendation, the request will be forwarded to the Common Council
for consideration. This generally occurs three weeks after the Plan Commission meeting depending on the date
the Council meeting is scheduled (the Council meets on the 2 nd and 4 Tuesday of every month) and on the
availability of a legal description for the zone change. Wisconsin State Statutes require a zone change to be
published as Class II notice in the local newspaper, the City takes care of this publication requirement prior to
the Council meeting.
If Council approves the rezoning, the Ordinance is published in the newspaper on the following Saturday and
will be effective on Sunday. City administrative offices are notified of the effective date of the Ordinance and
will make changes to the official zoning map accordingly.
For more information please visit the City's website at www.ci.oshkosh.wi.us/ Community _Development /Planning.htm
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CUP /REZONING
CBRF`S -1000 BLK W MURDOCK
PC: 10 -06 -09
GARBE GARY R
1841 BEECH ST
OSHKOSH WI 54901,2228
RE 1841 -1844 BEECH ST
SAMMONS ETAL B MICHAEL
522 W MURDOCK AVE
OSHKOSH WI 54901 2298
RE VACANT LOT WALNUT ST
MERCURY MARINE
PO BOX 1939
FOND DU LAC WI 54936 1939
RE VACANT LOT W MURDOCK AV
HARPER CAROL L
1717 BEECH ST
OSHKOSH WI 54901
BECKER STEFAN /ANGELA
1720 WALNUT ST
OSHKOSH WI 54901 2850
910 MURDOCK LLC
3483 JACKSON ST
OSHKOSH WI 54901 1296
RE 910 W �4URDOCK AV
SWANKE DOUGLAS E
1045 CUMBERLAND TRL
OSHKOSH WI 54904 8023
RE 1205 W MURDOCK AV
KRYZANIAK SR LARRY J
1720 CEDAR ST
OSHKOSH WI 54901 2826
CENTURY OAKS LLC
PO BOX 421
NEENAH WI 54956
MURRAY TIMOTHY
1840 WALNUT ST
OSHKOSH WI 54901 2261
EICHSTADT REV TRUST
HAROLD /MARCELLA
1820 VINLAND ST
OSHKOSH WI 54901 2245
RE 1804 -1820 VINLAND ST
REHM CHRISTOPHER A /KE
905 W MURDOCK ST
OSHKOSH WI 54901
RE VACANT LOT BEECH ST
LEMBERGER KENNETH G
1455 VALLEY RD
OSHKOSH WI 54904 9307
RE 1721 CEDAR ST
DAVEL ENGINEERING INC
ATTN JOHN DAVEL
1811 RACINE ST
MENASHA WI 54952
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DISCLAIMER
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and information located in various ffi city, county
affecting
1000 BLOCK W M U R DOC K AV
- 'r warFfl
and state offices and other sources
the area shown and it is to be used for reference
LQ
City of Oshkosh
purposes only. The City of Oshkosh is not re-
Department of
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
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REZONING PETITION
DISCLAIMER
COMMUNITY BASED
This map is neither a legally recorded map nor
su rvey nd It Is This a compi ndedtobe iation of record
is drawing is comptords, data
RESIDENTIAL FACILITIES N
Of HKO-f H
and information located in various ffi city, county
affecting
1000 BLOCK W M U R DOC K AV
- 'r warFfl
and state offices and other sources
the area shown and it is to be used for reference
City of Oshkosh
purposes only. The City of Oshkosh is not re-
Department of
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
Community Development
City of Osh kosh.
Scale: 1" = 150'
09117/09
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REZONING PETITION
DISCLAIMER COMMUNITY BASED
This map is neither a legally recorded map nor
a survey and It Is not intended to be used as one. RESIDENTIAL FACILITIES N
This drawing is a compilation of records, data O✓ HKOlH
and Information located In various city, county R
and state offices and other sources affecting 1000 BLOCK W M. U R D O C K AV
the area shown and it is to be used for reference City ON THE WATE
of Oshkosh
purposes only. The City of Oshkosh is not re- Department of
sponslble for any Inaccuracies herein contained.
If discrepancies are found, please contact the Community Development
City of Oshkosh. Scale: 1 150
Created by - dff 09/17/09 1
9