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HomeMy WebLinkAbout01. 14-40 JANUARY 28, 2014 14-40 ORDINANCE FIRST READING (CARRIED__7-0______LOST_______LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AMENDMENT TO CITY OF OSHKOSH COMPREHENSIVE PLAN LAND USE MAPS CHANGING THE LAND USE DESIGNATION OF PROPERTY AT 2490 JACKSON STREET FROM COMMERCIAL TO RESIDENTIAL INITIATED BY: HERMAN & KITTLE PROPERTIES INC., PETITIONER PLAN COMMISSION RECOMMENDATION: Approved AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN OF THE CITY OF OSHKOSH, WISCONSIN The Common Council of the City of Oshkosh, Wisconsin, do ordain as follows: SECTION 1. Herman & Kittle Properties Inc., petitioners, request a map amendment to the City of Oshkosh 10 Year and 20 Year Comprehensive Plan Land Use maps from a commercial land use designation to a residential land use designation for property located at 2490 Jackson Street, City of Oshkosh, Winnebago County, Wisconsin. SECTION 2. The Plan Commission recommended approval 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. SECTION 4. The Common Council of the City of Oshkosh hereby approves amending the Comprehensive Plan Land Use Maps changing the land use designation on the property at 2490 Jackson Street from commercial to residential. 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 #14-XX APPROVE AMENDMENT TO CITY OF OSHKOSH COMPREHENSIVE PLAN LAND USE MAPS CHANGING THE LAND USE DESIGNATION OF PROPERTY AT 2490 JACKSON STREET FROM COMMERCIAL TO RESIDENTIAL on January 28, 2014. 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. HERMAN 6z KITTLE PROPERTIES, INC. Real Estate Development . General Contracting • Property 1Nanagement January 7, 2014 Mayor Burk Tower City of Oshkosh 215 Church Avenue, PO Box 1130 Oshkosh, Wisconsin, 54903 -1130 RE: Waiver of 2"d Reading Request — Comprehensive Plan Land -Use Amendment -- 2490 Jackson St, Dear Mayor Tower: I am writing to request a waiver of the second reading for the Comprehensive Plan Land -Use Amendment for the property at 2490 Jackson Street. My company is proposing a 54 -unit development for veterans housing on the subject parcel that requires an amendment to the Comprehensive Plan Land -Use Map. In order to develop the project, we will need to apply for tax credits which are allocated by the Wisconsin Housing and Economic Development Authority (WHEDA), Tax credits are competitive and can only be applied for one time per year — the deadline for application is January 31, 2014. This development has a very good chance of receiving an award of tax credits this year based on the selection criteria that WHEDA has chosen; however, the program changes every year and this project may not have an opportunity next year. In order to apply for the credits, the zoning process for the project needs to be complete. I understand that the amendment to the Comprehensive Plan is part of that process and hence, we respectfully request that the second reading for the amendment to the Comprehensive Plan be waived so that all necessary City approvals for the project (zone change, Comprehensive Plan Amendment and Planned Development approval) can be completed at the January 28, 2014 Common Council meeting and the application for the tax credits can be submitted to WHEDA before the January 31, 2014 deadline. Should you have any questions, please feel free to contact me at 317 -964 -1928 or kpeterson @hermankittle.com. Thank you, K J. Peterson 500 East 96 "' Street, Suite 300 Indianapolis, IN 46240 317.846,3111 hermankittle.com O.fHKOfH ON CWAIER TO: Honorable Mayor and Members of the Common Council FROM. Darryn Burich Director of Planning Services r, DATE: January 23, 2014 RE: Approve Amendment to City of Oshkosh Comprehensive Land Use Plan Maps Changing the Land Use Designation of Property at 2490 Jackson Street From Commercial to Residential (Plan Commission recommends approval) BACKGROUND The subject property is a 3.40 acre parcel of land located along the east side of Jackson Street approximately 275 feet north of Bacon Avenue and is surrounded on the north, south and west by the Town of Oshkosh. The subject area is bordered on the north and south by low density residential and agricultural use, west across Jackson Street by commercial retail and service and east by multiple - family residential. The owner is proposing to develop the parcel for multiple - family residential use. The Comprehensive Plan has designated this area as suitable for commercial development and introducing residential uses onto this lot is not consistent with the Comprehensive Plan's Land -Use recommendation so an amendment to the land use plan is being requested to permit residential land use. ANALYSIS In March of 2005, the City adopted an updated 2005 -2025 Comprehensive Plan refining the 20 -year and 10 -year recommended land use maps. These maps are intended to be used as a general reference tool for determining appropriate future land use and growth patterns and sections of the Comprehensive Plan need to be updated or revised periodically to conform to changes in land use patterns or to accommodate requests that reflect more modern development trends. A commercial designation was placed on the Jackson Street corridor with the anticipation of it developing into higher intensity uses. The Plan Commission conducted a workshop recently to discuss the viability of a multiple - family land use on the parcel and it was determined that the residential and commercial uses could exist harmoniously in this area and the Plan Commission was comfortable supporting residential uses within,it on a case by case basis. The proposed change will allow development of a multiple - family apartment community which is consistent with the land use pattern on the east side and future development of storm water management facilities to the south, east and north of the subject site prohibit the consolidation of parcels for a large scale commercial development. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its December 17, 2013 meeting. Approved, City Manager ITEM: COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FOR PROPERTY LOCATED AT 2490 JACKSON STREET Plan Commission meeting of December 17, 2013 GENERAL INFORMATION Applicant: Herman & Kittle Properties, Inc. Owner: Andrew B. Ujazdowski Action(s) Requested: The applicant is requesting an amendment to the Recommended Land Use Map in the Comprehensive Plan. The subject property is designated for commercial use; the applicant is requesting a change to a residential land use designation. Property Location and Background Information: The subject property is a 3.45 acre parcel located along the east side of Jackson Street approximately 275 feet north of Bacon Avenue and is surrounded on the north, south and west by the Town of Oshkosh. The subject area is bordered on the north and south by low density residential and agricultural use, west across Jackson Street by commercial retail and service and east by multiple- family residential. The owner is proposing to develop the parcel for multiple- family residential use. The Comprehensive Plan has designated this area suitable for commercial development and introducing residential uses onto this lot is not consistent with the Comprehensive Plan's Land -Use recommendation. Subject Site Existing Land Use - Zoning -Single-Family Residential and Contractor Yard M -3 Adjacent Land Use and zoning Existin Uses Zoning Town of Oshkosh Zoning North Single Family Residential and Agricultural Single and Two - Family Residential and Town of Oshkosh Zoning South Agricultural R -3 East Multiple- Family Residential Commercial Retail and Service C -2 West (across Jackson Street) Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS In March of 2005, the City adopted the 2005 -2025 Comprehensive Plan, an update to the previous plan from 1993. Part of the update entailed refining the 20 -Year Recommended Land Use Map and the creation of a 10 -Year Land Use Map. The Land Use section of the plan states that, the maps are used to give the community a better idea of how land in the city will be used in the fixture. The future land use maps were created using a variety of resources. These resources include the existing land use map and special area plans, aerial photography, land use maps of adjoining communities, soils and environmentally sensitive areas map (which help to understand development limitations), utility and facility service area maps, and existing and future transportation corridors. The maps show the general location and type of land uses within the city and on the city's periphery. The maps are to be used as a basis for making general land use decisions relative to the City's land use control regulations. Land use designations will be evaluated in terms of their consistency with these maps and other applicable elements of this Plan and all other applicable Ordinances. The land use maps are intended to be used as a general reference tool for determining appropriate future land use and growth patterns. When creating these 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 conform to changes in land use patterns, or in this case, to accommodate requests that reflect more modern development trends. Looking at the 10 and 20 year Land Use Maps, a commercial designation was placed on the subject site based on the desire to see the Jackson Street corridor develop with higher intensity use and development. On October 15, 2013, the Plan Commission conducted a workshop to discuss the viability of a multiple- family land -use on the parcel and along the Jackson Street corridor in general. Discussion took place regarding the compatibility of residential and commercial uses coexisting along Jackson Street and it was determined that the two Iand -uses could exist harmoniously. Additionally, discussion on the practice of allowing a mix of uses within areas historically designated for only a single type of land -use generated consensus that it is not realistic to expect a Euclidean style development pattern along such a long stretch of roadway, especially considering the mixed residential and commercial retail and service elements of existing uses and that the Plan Commission was comfortable supporting residential uses within it on a case by case basis. Upon review of a request to rezone the property for an apartment community, staff supports changing the projected land use from commercial to residential. The proposed change will allow development of a multiple- family apartment community which is consistent with the land use pattern in the area, particularly on the east side. Additionally, the future development of area wide storm water management facilities to the south, east and north of the subject property prohibit the consolidation of parcels for large scale commercial development that might otherwise take place in other areas of the Jackson Street corridor. Taking these factors into account, staff believes this map change request is warranted. RECOMMENDATION /CONDITIONS Staff recommends approving the amendment to the Comprehensive Land Use Map as requested. The Plan Commission approved of the Comprehensive Land Use Map amendment as requested. The following is the Plan Commission's discussion on this item. Item —2190 Jackson_ Comp Land Use Map Anidmi Mr. Buck presented the items and reviewed the site and surrounding area as well as the zoning classifications and land use in said area. He reviewed the site as it currently exists and discussed the storm water management plans for several of the properties in the vicinity of the subject site. He also reviewed the 10 and 20 year Comprehensive Plan Land Use Map for the area and for the overall city. He discussed revisions to the Comprehensive Plan and why they are necessary and explained the reasoning why most of the area along Jackson Street was mapped for commercial uses. He discussed the workshop that the PIan Commission had in October to discuss this development and the potential to request a land use amendment and zone change for the site. He reviewed the site plan for the proposed residential structure and reviewed renderings of other developments constructed by the same developer in other communities. Ms. Lohry questioned if there was industrial use on the site in the past, if the site could possibly be contaminated. Mr. Buck responded negatively and stated that the site had already been cleared as far as contamination and that it appeared to currently be used as a contractor's yard. Mr. Thoms inquired if this proposed development would have any impact on the storm water detention plans for the surrounding sites. Steve Gohde, Assistant Director of Public Works, replied that the City was not planning to acquire any portions of this site so the development should not impact any of the storm water management plans the City had for the other parcels. Mr. Thoms then inquired if the development would hinder the City's ability to construct the detention basins. Mr. Gohde responded that the City's plans were for a large swale style pond in one area with a dry basin to the south and a wet basin to the north but the development would not create any issues with the storm water detention plans. Kyle Peterson, representing Herman & Kittle Properties, 112 E. North Avenue, Lake Bluff, Illinois, stated that he was present for the workshop in October with the Plan Commission. He further stated that the proposed development was for housing veterans which was defined as any individual who was honorably discharged from military service. He further commented that the renderings displayed earlier in the presentation by staff were developed in New Richmond and this proposed apartment development would be the same style of product but would be three stories rather than four. Ms. Lohry questioned how many bedrooms the units were proposed to have. Mr. Peterson responded that the units were planned for both individuals and families and would be constructed with one to four bedroom units. Mr. Thoms commented that this type of project is something he usually would be supportive of as he feels it addresses the needs of veterans and the mixed use in the Jackson Street corridor is also something he finds favorable, Motion by Thoms to approve the Comprehensive Land Use Map amendment and a zone change from M -3 General Industrial District to R -3 Multiple Dwelling Distract for property located at 2490 Jackson Street. Item —2490 Jackson_ Camp Land Use Map Anidmt Mr. Hinz commented that he is a veteran himself and is happy to see this type of development and would also be supportive of the proposal. Seconded by Hinz. Mr. Buck stated that David Borsuk could not be present today but wanted his comments shared with the Commission. Mr. Buck read email correspondence from Mr. Borsuk stating that he was opposed to both the land use amendment and zone change as he felt the Commission should hold off on any approvals for development in this area until a Jackson Street corridor plan was developed and the zoning ordinance re -write was complete. Mr. Bowen commented that he also supports projects that benefit veterans however he has an issue with this very specific site plan and concept and felt that it was spot zoning a parcel in an important commercial corridor for residential use. He also commented about the City's current zoning code ordinance and its lack of ability to address architectural design standards and although the City is currently undergoing a re -write of this ordinance to address this, it is not complete at this time. He further commented about the Family Dollar development recently completed on Jackson Street and the unattractive structure as it was located in an area of straight commercial zoning which required no input from the Plan Commission on design. He felt that a change to R -3 zoning without a planned development overlay would allow for this project to move forward without any review from the Plan Commission on design standards or the site plan layout. He felt that the safest thing to do in this case would be to change the zoning classification to R3 -PD rather than just R -3 as the planned development overlay would give the City more control on the review and approval of the development prior to it moving forward. He further commented that he did not have issues with the proposed development but the zoning ordinance as it currently exists is blind to architectural design and he would like assurance that what is presented is what is going to be developed on the site. Mr. Thorns stated that the R -3 zoning district allows multiple dwelling units without review in other areas of the city regardless of the proposed plans providing the zoning district is consistent with the use and he felt it would be over burdensome to expect this developer to have his project approved through the Plan Commission and Common Council when it is not required for other developments. Mr. Bowen indicated that he felt those circumstances were different as the property was zoned R -3 at the time the developer purchased it and they were well aware of what could be done with it. In this case, the developer is requesting a change in the zoning designation from M -3 to R -3 to allow the development and there are no assurances of what will end up on the site. Mr. Thorns also commented that he did not feel it was spot zoning the parcel as there were parcels with R -3 zoning designations right behind this site and he felt the M -3 zoning classification was inappropriate for the property. He added that he would not have an issue with adding a planned development overlay to the zoning classification proposed. Mr. Bowen stated that he is trying to deal with the reality of the City's zoning ordinance code which does not address design standards and once the zoning is changed to R -3, the City will have no control over the development and he felt the City has to protect itself. He also had concerns if the project did not reach the stage of development, it would leave the property with a straight R -3 zoning classification that would allow another multiple- family housing project on the site without any requirements for approval of the design of the development. Item —2490 Jackson_ Comp Land Use Map Aind+nt I Mr. Hinz commented that it was discussed at the workshop in October and the development plans were reviewed at that time however he agreed that the new zoning code re -write will rectify some of the issues the City is currently dealing with as far as design standards on property without a planned development overlay. Mr. Burich agreed that architectural design standards have been an issue in the community and hopefully the zoning code re -write will address the concerns. He further stated that this was a tax credit project and questioned Mr. Peterson regarding if this land use amendment and zone change were approved, if he was 100% sure that the project would be developed. Mr. Peterson responded that he was fairly confident about the project however since it was depending on tax credits; there was a chance that it could not get the necessary funding as there were no guarantees that their application would be approved. Mr. Bowen questioned when the deadline was for the tax credit submission. Mr. Peterson responded that the deadline was January 31, 2014. Mr. Bowen commented that the planned development could be processed on a fast track and still leave the developer adequate time to meet this deadline. Ms. Lohry stated that she liked the proposed project and was supportive of it but would also support adding the planned development overlay to the zone change to allow for further review. Mr. Thorns inquired if the planned development overlay is placed on the zoning classification, how it affects the tax credit status of the project. Mr. Peterson replied that as long as the R -3 zoning designation is in place, the project could move forward with the application; however he was not 100% sure if it would be looked at less favorably and the planned development overlay would require another necessary approval before the development could move forward. Mr. Thorns questioned how much of the design plans would have to be completed for the tax credit application to be submitted. Mr. Peterson responded that the site plan and general concepts for the development had to be complete for the application. Mr. Thorns suggested that if the developer worked with the planning staff on the details of the project, it should lessen the amount of issues that the Plan Commission may have with approval of the project as a planned development. Mr. Buck commented that due to the timing for the Plan Commission meetings, the planned development could go to both the Plan Commission and Common Council in January and still be completed in time for the application deadline. Mr. Thorns stated that with the change to R -3PD zoning classification, the conceptual designs could still be prepared for the application and the design criteria would be the only thing the Plan Commission would need to review to allow it to be forwarded to the Common Council for approval. Vern 2490 Jackson Conip Land Use Map Anidnit Mr. Buck indicated that staff would try to run the planned development, the zone change, and the Comprehensive Plan land use revision all at the same Common Council meeting. Mr. Burich added that the other option would be to ask the Common Council to approve the zone change now without the planned development overlay and it could be added at a later date or add the planned development overlay to the zoning now and review the planned development at the January 21" Plan Commission meeting which would go to the Common Council on January 28'h. This would still allow the developer time to submit his application for the tax credits prior to the January 31St deadline. Mr. Peterson questioned what the probability was of the Common Council either tabling the request or laying it over at the January 28'h meeting. Mr. Burich responded that it should not be an issue. Mr. Thorns stated that he would amend his motion for approval of the zone change to include a planned development overlay. Motion by Thoms to approve the Comprehensive Land Use Map amendment and a zone change from M -3 General Industrial District to R -3PD Multiple Dwelling District with a planned development overlay for property located at 2990 Jackson Street. Seconded by Hinz. Motion carried 5-0. Mr. Burich commented that the planned development would come back to the Plan Commission on January 21St for review for this project. Llenr 2490 Jackson_ Comp Land Use Map Anidnd to 0. Qf W0_ H ON THE WATER APPLICANT INFORMATION City of Oshkosh General Application "PLEASE TYPE OR PRINT USING BLACK INK ** Petitioner: Herman & Kittle Properties, Inc. Petitioner's Address: 112 E. North Avenue Telephone #: (317) 964 -1928 Status of Petitioner (Please Check): Petitioner's Signature (required): city: Lake Bluff SUBMIT TO: Dept, of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236.5059 Date: 11/22/13 State: IL zip: 60044 Fax: ( 317) 428 -1925 Other Contact # or Email: kpeterson @hermankittle.com QTenant Z Prospective Buyer Date: J Owner(s): v{S Owner(s) Address:P L-K City: ,[ State: Zp Telephone #F:� -� - K ax: ( } Other Contact# or Email: Ownership Status (Please Check):g ndividual ®Trust []Partnership QCoiporation Property Owner Consent: (required) By signature hereon, I/We 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 Divisiong fo7incomplete submission"- other administrative reasons. Property Owner's Signature: r Date: TYPE OF REQUEST: Access Control Variance Easement Privilege in Street (identify) Other (identify) Amendment to the Comprehensive Plan SITE INFORIIIATION Address/Location of Proposed Project: 2490 Jackson Street Oshkosh, Wl 54901 Proposed Project Type: Multifamily Current Use of Property: Commercial rental property Zonin g: M-3 Land Uses Surrounding Your Site: North: Residential South: Vacant Land /Commercial and Multifamily Residential Fast: Multifamil West: Jackson Street/Commerical ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. 9 Please refer to the fee schedule for appropriate fee. FEE IS NON- REFUNTDABL,1 For more information please visit the City's website atwww.ci.oshkosh.wi.us/ Community _Development /Planning.h(m Staff Date Rec'd J), .)3 I REZONE /LAND USE AMENDMENT 2490 JACKSON ST PC: 12-- 17--13 CAPITAL CREDIT UNION 1010 PROSPECT ST - KIMBERLY WI 54136 1625 LAVERNE KOMOROWSKI 3952 APPLE LN OSHKOSH WI 54902 HERMAN & KITTLE PROPERTIES KYLE PETERSON 112 E NORTH AV LAKE BLUFF IL 60044 THOMAS A WRIGHT /SHANNON ANDREW B UJAZDOWSKI FINGER 318 12TH ST 19105 W CAPITOL DR STE 200 NEENAH WI 54956 2821 BROOKFIELD WI 53045 2708 BOBS RAIL REAL ESTATE LLC 5711 GREEN VALLEY RD OSHKOSH WI 54904 9700 JAMES WILLIAMS 2447 JACKSON ST OSHKOSH WI 54901 LOIS LUEBKE MARITAL TRST 870 HONEY CREEK RD OSHKOSH WI 54904 SAINT VINCENT DE PAUL SOCIETY OF OSHKOSH 2551 JACKSON ST OSHKOSH WI 54901 1509 NY CD 10 Cl r- to in Cq 0 Cq Lf, 0 V) M MED 304 300 228 222 0 62" z z ca �111' XMI, n = 0.02 mi 0: I in= 115 ft The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the appro�dmate relative location of property, boundaries and other feature from a variety of sources' printing Date: 12/412013 These map(sydatasets are provided for Information purposes only and may not be sufficient or O-fHKO-(H appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS' without prepared by: City of Oshkosh, W1 014 THE WATER warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. JAGISTlartningOaa Commission Site Plan Map TemplalekPlart Commission Site Ran MapTempla(o.mxd User. deborahf 0 R, M MED 304 300 228 222 0 62" z z ca �111' XMI, n = 0.02 mi 0: I in= 115 ft The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the appro�dmate relative location of property, boundaries and other feature from a variety of sources' printing Date: 12/412013 These map(sydatasets are provided for Information purposes only and may not be sufficient or O-fHKO-(H appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS' without prepared by: City of Oshkosh, W1 014 THE WATER warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. JAGISTlartningOaa Commission Site Plan Map TemplalekPlart Commission Site Ran MapTempla(o.mxd User. deborahf The City of Oshkosh creates and maintains GIS maps and data for Its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map(sydalasels are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS' without warranties of any kind and the City of Oshkosh assumes no Ifabilty for use or misuse. JAGIS1PlanninoTlan Commission Site Plan Map Template.mid N 1 in = 0.19 mi 1 in = 1,000 ft Printing Date: 12/412013 Prepared by: City of Oshkosh, WI ! O.fHKOfH oa rye wATER it m Commission Site Plan Mae TemvlaleTlan Commission Silo Plan MaoTemolale.wd N tin= 0.02mi 1in =105 ft Printing Date: 92141201.3 Prepared by: City of Oshkosh, WI O.IHKOIH ON THE WATER I lsar rlahAN,ah y�r CL Hig 'F c 936 X31 z `1 i ■ �„�.� • �°.� eri i"�' Via'' -.i� i3� ■ r dl Cl Pill M21 5 im • � MHA IRA wul ram r ■ t e i i 1 ■ rai aaaAAm rr �pawa ilYa j 'E� i • �'