HomeMy WebLinkAboutItem I- Joint MeetingNOVEMBER 14, 2017 17-536 ORDINANCE
FIRST READING
CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AMENDMENT TO COMPREHENSIVE LAND USE MAPS
CHANGING THE LAND USE DESIGNATION FOR PROPERTIES
LOCATED ON THE SOUTH SIDE OF STATE HIGHWAY 91
BETWEEN CLAIRVILLE ROAD AND STATE HIGHWAY 44 FROM
INDUSTRIAL TO COMMERCIAL
INITIATED BY: CITY ADMINISTRATION, 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. City Administration, Petitioner, request a map amendment to the
Recommended 10 Year and 20 Year Comprehensive Plan Land Use maps from an industrial
land use designation to a commercial land use designation for property located on the south
side of State Highway 91 between Clairville Road and State Highway 44, 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 located on the south side of State Highway 91 between Clairville Road and
State Highway 44 from industrial to commercial.
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.
NOVEMBER 14, 2017 17-536 ORDINANCE
FIRST READING CONT'D
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted
Ordinance #17 -XX APPROVE AMENDMENT TO COMPREHENSIVE LAND USE MAPS
CHANGING THE LAND USE DESIGNATION FOR PROPERTIES LOCATED ON THE
SOUTH SIDE OF STATE HIGHWAY 91 BETWEEN CLAIRVILLE ROAD AND STATE
HIGHWAY 44 FROM INDUSTRIAL TO COMMERCIAL on November 28, 2017. This
ordinance amends the Comprehensive Land Use Maps, changing the land use designation
located on the south side of State Highway 91 between Clairville Road and State Highway
44 from industrial to commercial. 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.
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: November 9, 2017
RE: Approve Amendment to Comprehensive Land Use Maps Changing the Land
Use Designation for Properties Located on the South Side of State Highway 91
Between Clairville Road and State Highway 44 from Industrial to Commercial
Plan Commission recommends approval)
BACKGROUND
The City has received a request (Swiderski) to amend its Comprehensive Plan Land Use Map
from Industrial to Residential to permit the development of multiple family homes on a 17
acre parcel of undeveloped land located on the south side of STH 91 between 4159 and 4097
STH 91. Due to the broader implications that a land use change to residential only would have
for a "spot" area as proposed, Planning staff has proposed a broader land use amendment for
the area from Industrial to Commercial which also includes the applicant's property.
The subject area for the land use amendment is approximately 125 acres of generally
undeveloped and agricultural lands located on the city's southwest side directly south of the
Southwest Industrial Park. The subject area contains a small scattered number (7) of single
family residential parcels with the largest concentration of 4 homes on the eastern end of the
subject area and directly east of the applicant's subject property. There are some commercial
businesses at the far eastern end of the subject area near the intersection of STH 91 and STH 44
that are zoned as Business Park and also included in the Universal Business Park and
protected with covenants. Additionally, there are approximately 8 acres of undeveloped lands
zoned as Business Park in this area where the future land use will be more commercial in
nature due to the zoning and covenant restrictions.
The entire subject area is shown on the City's Comprehensive Land Use Maps as being
appropriate for future industrial development. The subject area is considered a future growth
area of the community with past plans showing the Southwest Industrial Park expanding into
the area.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
The applicant (Swiderski) desires to construct a development of 144 apartment units located in
a combination of ten 12 and 16 unit buildings with detached garages (see attached development
concept map). The development will not proceed unless it is "attached" to the city with the
proper zoning, which can be accomplished with either the Suburban Mixed Use (SMU) or
Multiple Family Residential (MR 12) zoning districts. Given the mixed use nature of the subject
area (residential, commercial) staff is recommending a land use change to Commercial with
SMU zoning to accomplish this instead of an outright residential land use classification. The
SMU district provides a bit more city and public review of any actual future development on
the applicant's property through the Conditional Use Permit (CUP) process. Additionally, staff
would recommend the property is attached with a Planned Development Overlay to ensure
appropriate landscaping, buffering and building placement to mitigate impacts on the adjacent
residential uses as well as concerns over heavy traffic volumes on STH 91 and STH 44.
ANAVYSTS
The subject area has good commercial and mixed-use possibilities due to its proximity and
visibility to the highways and the employment centers which is also advantageous for multiple
family thus a change to Commercial would permit a good mix of land uses while preserving the
ability of the city to conditionally permit any multiple family developments wanting to locate
in the area. This would also give the neighbors opportunity for input on any multiple family
development.
Staff is proposing the change to Commercial for the area as shown on the attached maps from
what would be Global Parkway extended south to STH 44 east all the way to the intersection of
STH 91 and 44. The western boundary would permit Global Parkway to extend south and be a
natural buffer between what could potentially be industrial to the west and commercial mixed
use to the east. The mixed use could be accomplished through a Suburban Mixed Use (SMU)
zone that wouldn't permit multiple family residential by right but through Conditional Use
Permit.
The amendment as proposed by staff is changing approximately 125 acres from Industrial to
Commercial. This is in part due to a change in market demand in the area to include additional
uses into the quadrant. Staff does not believe that this will hinder future industrial growth for
the area because there are approximately 300 acres available of industrial lands available in the
SW Industrial Park and another 1200 acres mapped in the area for industrial use. That being
said there is concern that increased traffic coming into the industrial park or increased industrial
activity could have an impact on residential uses in this area and any CUP brought forward in
that regard will be evaluated and potentially conditioned to mitigate those impacts or denied
altogether due to the concerns.
Please see the Plan Commission staff report for a more detailed discussion on the land use
situation in the area.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
FISCAL IMPACT
There is no fiscal impact from changing the recommended land use on a Comprehensive Plan
map. However, implementation of the final land use recommendation via future attachment,
zoning, and development may have future fiscal implications that will be evaluated during
those actions.
RECOMMENDATION
The Plan Commission recommended approval of the Comprehensive Land Use Map
amendment at its September 19, 2017 meeting.
Submitted,
Darryn Burich
Director of Planning Services
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
ITEM: COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FOR PROPERTY
LOCATED ON THE SOUTH SIDE OF STH 91 BETWEEN CLAIRVILLE ROAD AND
STH 44
Plan Commission meeting of September 19, 2017
GENERAL INFORMATION
Applicant: S.C. Swiderski LLC
Owner: Michael Akins
Action(s) Requested:
The City has received a request from the applicant to amend its Comprehensive Plan Land Use Map
from Industrial to Residential to permit the development of multiple family homes on a 17 acre parcel
of undeveloped land located on the south side of STH 91 between 4159 and 4097 STH 91. Due to the
broader implications that a land use change to residential only would have for a "spot" area as
proposed, Planning staff is proposing a broader land use amendment for the area from Industrial to
Commercial which includes the appl'icant's property. The attached maps illustrate the applicant
request and the staff initiated proposal for context.
Property Location and Background Information:
The subject area for the land use amendment is approximately 125 acres of generally undeveloped
and agricultural lands located on the city's southwest side directly south of the Southwest Industrial
Park. The subject area contains a small scattered number (7) of single family residential parcels with
the largest concentration of 4 homes on the eastern end of the subject area and directly east of the
applicant's subject property. There are some commercial businesses at the far east end of the subject
area near the intersection of STH 91 and STH 44 that are zoned as Business Park and also included in
the Universal Business Park and protected with covenants. Additionally, there are approximately 8
acres of undeveloped lands zoned as Business Park in this area where the future land use will be
more commercial in nature due to the zoning and covenant restrictions.
The entire subject area is shown on the City's Comprehensive Land Use Maps as being appropriate
for future industrial development. The subject area is considered a future growth area of the
community with past plans showing the Southwest Industrial Park expanding into the area.
The applicant (Swiderski) desires to construct a development of 144 apartment units located in a
combination of ten 12 and 16 unit buildings with detached garages (see attached development
concept map). The development will not proceed unless it is "attached" to the city with the proper
zoning, which can be accomplished with either the Suburban Mixed Use (SMU) or Multiple Family
Residential (MR 12) zoning districts. Given the mixed use nature of the subject area (residential,
commercial) staff is recommending a land use change to Commercial with SMU zoning to accomplish
this. The SMU district provides a bit more city and public review of any actual future development
on the applicant's property through the Conditional Use Permit (CUP) process. Additionally, staff
would recommend the property is attached with a Planned Development Overlay to ensure
appropriate landscaping, buffering and building placement to mitigate impacts on the adjacent
residential uses as well as concerns over heavy traffic volumes on STH 91 and STH 44.
CoHIP rehensive Plan Land Use Recommendation Land Ilse
10 Year Land Use Recommendation Industrial
20 Year Land Use Recommendation Industrial
ANALYSIS
An analysis of any change to a Land Use Map needs to start with a discussion of why an area was
classified for a particular purpose. In this case the Southwest Industrial Park had been experiencing a
tremendous amount of growth and there was a concern that demand would exceed supply and
Oshkosh would lose industrial growth opportunities and in 2001 the city had Foth and Van Dyke
prepare an expansion study (see attached map titled Map 3 Development Area, Street, and Trail
Layout). That Plan included the subject area and showed a potential street and parcel layout, which in
part can be retained with the proposed land use amendment. Subsequently, in 2004 Foth prepared a
report called the South Industrial Park Study Area Plan from which the current Comprehensive Plan
Land Use map boundaries for the area were designated and is now the subject of this land use
amendment request and staff proposal.
In this quadrant of the city, there are approximately 2,447 acres of land designated for industrial land
use. Of this 596 acres are developed lots within the SW Industrial Park with another 341.6 acres of
undeveloped city owned land in the industrial park with approximately 260 acres being
development ready". For the mapped areas outside of the city, there are approximately 1,350 acres
designated for industrial use that are located generally to the south and southwest of the industrial
park (see attached map identified as Southwest Industrial Area). It should be noted that there are
likely many acres of this total that are not developable due to wetland limitations so the actual
developable acreage will be somewhat less. It should also be noted that overall within the city there
are approximately 747 acres of vacant industrial lands encompassed in 84 parcels (see map titled
Industrial -Zoned Land Inventory).
Industrial Park Demand
Over the period from 1992-2003 the average annual absorption rate of industrial park land was
approximately 28.5 acres per year. At the time the Comprehensive Plan was being developed there
were about 264 acres of city owned industrial park lands that would have been absorbed in 8 years at
the 92-03 absorption rate and thus the city mapped out broadly on its Comprehensive Plan Land Use
Maps areas of industrial growth. Additionally, per the Comprehensive Plan, the City should try and
stay 5 years ahead of the market for industrial park land so there needs to be a "surplus" amount of
land mapped for such purposes and in other areas of the community to respond to regional demands
so as you look at various areas of the city's land use map you will see undeveloped areas mapped for
industrial.
The City has been selling industrial park lands since at least 1982 in four different industrial parks;
Aviation, North, Southwest, and Northwest. The city has just recently created the Aviation Business
Park that will have an industrial component but has not sold any land yet in that park. From the
period of 1982 through 2016 the annual average acreage sold was 5.88 acres per year. From 2010
through 2016 no land was sold in the SW Industrial Park, however there is currently some interest in
developing a transload facility in the newest expansion area that will result in some lands being
developed for that purpose and likely will result in some other ancillary growth opportunities.
Industrial Park Land Sales Takeaways
1. No city owned industrial park land sold 2011-2015. Sold 1.7 acres in NW Ind. Park in 2016
2. Have sold a total of 676.23 acres of city industrial park land since 1982
3. Average annual sales of parkland has been 5.88 acres.
4. 7 of 33 years have had no land sales including the last 6 years.
5. Largest amount of land sales was 90 acres in 1999
6. 313 acres of total land were sold in 1990s, 200 acres of which were sold in the SW Ind. Park
7. 201 acres of total land were sold in 2000s,121 acres of which were sold in the SW Ind. Park
Industrial lob Growth
The following information relates to the history of industrial employment growth:
Historical Industrial Job Growth
The takeaway here is that you have more employees working in a lesser number of establishments so
one factor could be that the manufacturers are accommodating their growth on their existing sites or
buying other facilities and utilizing existing infrastructure.
From a land use perspective, based on the available supply of lands within the city, at the absorption
rate there is about a 60 year supply of lands within the SW Industrial Park available for development
and about 127 year supply citywide. For lands currently mapped industrial within the SW Industrial
Park area there is an approximate 229 year supply of industrial park lands and that includes the
subject land use amendment area, which if adjusted out due to the proposed Amendment would
drop the supply to 208 years. Again these are raw numbers and not accounting for wetlands, future
roads, and regional detention which will drop this number by at least 1/3. From an industrial growth
standpoint it appears that there is an adequate supply of existing and future industrial lands to meet
the city's growth needs for the foreseeable future. What is a reasonable amount of lands to protect for
future growth for a particular use? There is not a lot of planning industry research on that subject but
the City's Comprehensive Plan typically guides out two decades.
Year Change
NAICS 1980 1990 2000 2002 2012
Manufacturing
Jobs 6454 7313 7162 8176 11025 70.82
Number of Establishments Change
2002 2012
180 115 35.11%
The takeaway here is that you have more employees working in a lesser number of establishments so
one factor could be that the manufacturers are accommodating their growth on their existing sites or
buying other facilities and utilizing existing infrastructure.
From a land use perspective, based on the available supply of lands within the city, at the absorption
rate there is about a 60 year supply of lands within the SW Industrial Park available for development
and about 127 year supply citywide. For lands currently mapped industrial within the SW Industrial
Park area there is an approximate 229 year supply of industrial park lands and that includes the
subject land use amendment area, which if adjusted out due to the proposed Amendment would
drop the supply to 208 years. Again these are raw numbers and not accounting for wetlands, future
roads, and regional detention which will drop this number by at least 1/3. From an industrial growth
standpoint it appears that there is an adequate supply of existing and future industrial lands to meet
the city's growth needs for the foreseeable future. What is a reasonable amount of lands to protect for
future growth for a particular use? There is not a lot of planning industry research on that subject but
the City's Comprehensive Plan typically guides out two decades.
Residential Land Use
The land use amendment request was initiated by the applicant to facilitate development of their
subject site for a multiple family development. In looking at the multiple family residential land
inventory there are lands available just north of the SW Industrial Park along W. 201h Avenue and
down just south of Waukau Avenue as shown on the attached map titled Multi -Family Residential.
The majority of these multiple family zoned lands are owned by two parties (Midwest Properties and
Gabert and Rusch) that generally develop their own properties. Looking at the Multi -Family
Residential Land Inventory Map the parcels identified in green are vacant properties and per staff
analysis comprise about 241 acres on 72 parcels in virtually all areas of the city which could be
interpreted as having the capacity to meet the city's population growth needs. Additionally with the
City's new SMU (Suburban Mixed Use) zoning, areas that weren't previously permissible for multiple
family uses are now permitted via conditional use permit. While there appears to be enough land to
develop within the existing city boundaries, this doesn't mean that these properties are available to
develop and on the market or in the right location per consumer demand. During the Plan
Commission workshop on this issue the applicant stated that they prefer to develop in locations such
as the subject area that are near transportation routes, employment, and retail and commercial
services which is in close proximity. In looking at land use and future development the city needs to
have growth capacities to meet regional market demands to be able to respond to and capture those
markets. In this case, staff is proposing to change the land use plan from Industrial to Commercial
that could permit the development of multiple family uses through Conditional Use Permit. It would
also permit other commercial and retail uses to develop in the area.
From a population and growth standpoint the city is not reaching its 05 projection for 2016 of 70,080
persons. The city's 2016 population estimate was 66,717 persons which is 3,300 off the 05 estimate. A
significant factor causing this was a recession that deadened the market especially for single family
use that we are now emerging from.
From the period from 2005 through 2016 a total of 1,719 dwelling units were developed in the city.
This broke down as follows:
Single Family 347 units 832 Persons
Two -Family 84 units 189 Persons
Multi -Family 1078 units 2263 Persons
Conversions 210 units 441 Persons
Using the census averages of 2.40 person per unit for owner occupied and 2.10 for renter occupied
this translates to about 3,725 persons. However, looking at the 2016 population estimate of 66,717 just
adding these units has not had an appreciable impact on population growth which indicates other
things are going on in the residential market and whether that is less people per unit (there are a lot of
single bedroom units being developed), higher vacancies, and gravitation towards the newer units.
The most recent Department of Administration population forecasts show Oshkosh at:
2020 69,250
2025 71,250
2030 72,900
2035 73,650
2040 73,800
The existing housing supply cannot absorb that capacity, especially given the fact that households are
getting smaller and areas must be redeveloped, infilled, or areas will be added to the community to
accommodate this growth.
Proposal and Recommendation
In looking at the land use situation in this quadrant staff is recommending against a simple land use
change to residential for the applicant (Swiderski) subject property to an outright residential land use
due to the mixture of uses already in the area and the potential for the area to be a diverse mix of
commercial and housing adjacent to a major employment area. It also would essentially be a "spot"
land use change that ignores the manufacturing land use designation to the west in favor of creating a
small area of residential that will include different land use categories to the west, east, and north.
The subject area has good commercial possibilities due to its proximity and visibility to the highways
and the employment centers which is also advantageous for multiple family thus a change to
Commercial would permit a good mix of land uses while preserving the ability of the city to
conditionally permit any multiple family developments wanting to locate in the area. This would
also give the neighbors opportunity for input on any multiple family development.
Staff is proposing the change to Commercial for the area as shown on the attached maps from what
would be Global Parkway extended south to STH 44 east all the way to the intersection of STH 91 and
44. The western boundary would permit Global Parkway to extend south and be a natural buffer
between what could potentially be industrial to the west and commercial mixed use to the east. The
mixed use could be accomplished through a Suburban Mixed Use (SMU) zone that wouldn't permit
multiple family residential by right but through Conditional Use Permit.
The amendment as proposed by staff is changing approximately 125 acres from Industrial to
Commercial. This is in part due to a change in market demand in the area to include additional uses
into the quadrant. Staff does not believe that this will hinder future industrial growth for the area (1)
because there are approximately 300 acres available of industrial lands available in the SW Industrial
Park and another 1200 acres mapped in the area for industrial use. That being said there is concern
that increased traffic coming into the industrial park or increased industrial activity could have an
impact on residential uses in this area and any CUP brought forward in that regard will be evaluated
and potentially conditioned to mitigate those impacts or denied altogether due to the concerns.
Communications
The City has received several communications on this issue which include a letter (attached) from the
Wisconsin & Southern Railroad Co. supporting the specific request to amend the land use for the
applicant's (Swiderski) subject property but opposing any other land use amendment to the west.
Planning staff also received an email from an adjacent residential property owner to the east opposing
change to permit residential. Lastly, staff took a phone call from the owners of United Cooperative
opposing a change to residential due to noise concerns about their operations with all the rail activity.
United Cooperative is approximately 4,000 feet to the west of the applicant property and 1/2 mile to
west of the extent of the staff initiated amendment area at the intersection of Clairville Road and STH
91.
RECOMMENDATIONS
Staff recommends denial of the applicant's (Swiderski) request to amend the subject property land
use designation from manufacturing to residential due to the residential only designation conflicting
with land use recommendations to the west, east, and north.
Staff recommends approval to amend the land use map from industrial to Commercial for the area as
proposed due to the mixed use nature of the area.
At its September 19, 2017 meeting the Plan Commission approved of changing the land use map
designation from Industrial to Commercial as recommended by staff.
Mr. Burich reviewed the background of the Comprehensive Plan Land Use Map and how it was
designated and explained the purpose for it. He discussed the zoning ordinance and how it coincides
with the land use map and explained the process of amending the Comprehensive Plan and why it is
done. He discussed the request received from the petitioner and the City request to initiate a broader
land use change. He displayed on the map the area of the petitioner's request and the area of the
City's proposal and that the petitioner was requesting a change from Industrial to Residential use
whereas the City's proposal was to amend the larger area from Industrial to Commercial Mixed -Use.
He discussed the current land uses in this area and that the Commercial Mixed -Use designation was a
better land use classification for this area based on the current and potential future uses. He reviewed
the map from the 2004 study completed by Doth and Van Dyke when the area was designated for
industrial use. He reviewed the Southwest Industrial Park expansion plan map and discussed
retaining the area on the western portion for industrial use. He also discussed the benefits of the
Suburban Mixed Use District that is a new designation in the City's zoning ordinance and that
residential use will be allowed in the Commercial Mixed -Use land use district with a conditional use
permit. He reviewed the land inventory map for industrial -zoned property which reflects that the
city has 747 acres of vacant industrial land available. He also reviewed the land inventory map for
multi -family residential property which reflects that the city has 241 acres of vacant residential land
available and stated that there is more residential development near industrial facilities. He also
reviewed a map of the residential land inventory depicting the zoning, number of lots and acres as
well as a map of the City recommendation for the Commercial Mixed -Use area and the existing land
use designations in the current Comprehensive Plan. He explained that this land use amendment
would allow for the set up for future annexations by creating a land use designation that would be
conforming to potential uses and would also allow developments to be reviewed by the Commission.
Mr. Borsuk questioned if the Ripple Avenue site that was recently approved for a residential multi-
family development was already zoned for residential use.
Mr. Burich responded that it was already residentially zoned and did not require a land use
amendment.
Mr. Borsuk then questioned the amount of wetlands in this area and how much was developable
land.
Mr. Burich replied that a lot of wetlands indicator soils are prevalent in this area and will impact the
future development on these properties.
Mr. Borsuk inquired if we approve a land use amendment, would we have to also approve the
development plan.
Mr. Burich responded negatively and stated that the development would require approval of a
conditional use permit and the land use amendment was the only action being considered at this
time.
Mr. Borsuk stated that he was concerned with protecting the Industrial Park area and particularly the
transload facility. He questioned if the hours of operation could be obtained and discussed noise
issues in off hours and if someone could provide more details on what could be expected with this
facility. He voiced his concerns with complaints from less intensive uses and negative impacts on
residential properties if allowed to develop in this vicinity as the transload facility is a unique
opportunity for the community.
Mr. Burich indicated that the city still has a noise ordinance in effect and that the distance between the
transload facility site and residential property uses is about a half mile.
Allen Davis, Director of Community Development, stated that the amount of distance from the
transload site to the area potentially to be affected by the land use amendment should not have a
major impact on multi -family dwelling units. He felt that single-family residential uses would be
more of a concern regarding noise issues created by industrial uses.
Mr. Thorns commented that when the transload facility was approved, none of these issues were in
play at that time and that he had concerns with the change in land use that would allow commercial
and residential uses considering the products that may be transported by the railroad and may be
dangerous.
Mr. Davis indicated that he could follow-up with the railroad on details of what would be handled at
this facility.
Mr. Burich commented that established land uses to the north and west of the transload facility site
are in the same proximity as the potential development site.
Mr. Thorns stated that he would still like answers regarding the products that would be transported
by the railroad.
Mr. Borsuk questioned if time was of the essence for this request.
Mr. Burich responded that it may be for the developer.
Mr. Borsuk discussed the residential encroachment on the industrial area in this vicinity that was due
to an agreement with previous city staff and questioned why the city would be less concerned with
noise complaints from multi -family residential uses than with single-family uses.
Mr. Davis replied that single-family occupants are more concerned with their neighborhood
environment and the city does not receive as many complaints from occupants of multi -family
residential uses.
Ms. Propp discussed the new zoning designations included in the zoning ordinance such as the
Commercial Mixed -Use District and what type of impact it may have on the area. She was mainly
concerned with any negative impacts that would result from a mixed-use area.
Mr. Burich indicated that the mixed-use designation would result in more activity and people in the
area however the negative impacts could be more intense from industrial uses than commercial and
residential.
Ms. Propp questioned what other uses could potentially be there other than the proposed residential
development.
Mr. Burich listed off allowable uses in this district such as retail or office uses and stated that it would
be similar to uses found along Highway 41 other than the added capability of allowing multi -family
residential uses.
Ms. Propp, requested to see on the map the location of the transload facility.
Mr. Burich displayed on the map its location.
Mr. Thoms questioned if with the Commercial Mixed -Use land designation, would a conditional use
permit not be required if it was an approved use for this district.
Mr. Burich responded affirmatively.
Mr. Thoms then questioned if a multi -family residential development would require a conditional use
permit.
Mr. Burich responded affirmatively however commercial uses would not all need a conditional use
permit.
Mr. Thorns inquired if the land use amendment would create nonconforming uses.
Mr. Burich responded negatively and stated that nonconforming uses will not exist at this time as this
area is not within the city limits and any use would not be nonconforming until such a time that the
land would be annexed into the city.
Mr. Thoms then inquired if we would be creating issues for the existing uses already established in
this area.
Mr. Burich responded negatively and stated that this action would make the land use plan consistent
with the current uses in this area.
Mr. Lyons added that since this area is not in the city, any property would have to be rezoned at such
a time that it is annexed into the city.
Mr. Thoms also inquired if the area designated as Business Park zoning would change due to this
action.
Mr. Burich responded negatively and indicated that we would be lining up underlying zoning
districts with the current uses.
Mr. Thoms then asked if the multi -family development will have to be annexed with a zoning
designation of SMU-PD.
Mr. Burich responded affirmatively unless the development would be done within the town in which
case it would be under town zoning designation however this will not happen as the development
will not occur without the provisions of city services.
Mr. Borsuk discussed the location of the transload facility and the effects of residential and
commercial development in this area that could be negatively impacted.
Jason White, Greater Oshkosh Economic Development Corporation, stated that the industrial
development committee was asked to weigh in on the petitioner's request for support and concerns
were expressed by the committee but no vote was taken on the matter. They discussed the
possibilities of the industrial park land and had no objections to the residential use of that portion of
land proposed by the petitioner but did not discuss the larger area proposed by the city. He further
stated that this project does not impede anything in the industrial park and there was a need to
expand the quality of life in the community by providing more multi -family and single-family
housing units so people working in Oshkosh could also live in the community. He supported the
petitioner's request for the land use amendment of the area they requested but will not weigh in on
the larger area proposed by the city.
Mr. Borsuk again questioned if the transload facility will have any negative impact on the mixed uses
that could develop in this area if the land use designation was changed from industrial.
Mr. White responded that he had concerns with the land use amendment going further to the west
and discussed the wetlands in this vicinity that would hinder development in some areas and the
wetlands that were located directly to the west of the proposed development site creating a barrier for
Iand use of this portion of property.
Mr. Thorns discussed the letter submitted by the Wisconsin & Southern Railroad Company as he felt
it was confusing however it appeared that they did not support any zone changes of land to the west.
Mr. White indicated that he cannot speak for the railroad however it was his understanding that they
desired to protect the industrial land without impacting the residential use.
Andy Janke, 1031 W. 10th Avenue, stated that he was neutral on this issue as he did not see any
problem with the proposed residential development however he was on the fence due to the residents
in the vicinity that may be opposed to the change. He continued to discuss past developments in this
area that had not had any negative impacts on the vicinity in the long term.
Jacqui Miller, S.C. Swiderski, 407. Ranger Street, Mosinee, representing the petitioner for the request,
stated that they supported the recommendation in the staff report for a broader land use amendment
as it protects the area and land use and creates a good buffer area between the industrial use and the
single-family uses.
Mr. Borsuk questioned what the time line was for the proposed development.
Ms. Miller responded that she has been in contact with the city and the real estate developer and
discussed their company's development of multi -family housing projects in other communities that
are located in close proximity to industrial uses. She continued the discussion regarding their
methods of buffering noise issues that have been successful.
Mr. Borsuk inquired if their intent was to be in the ground this season or next year.
Ms. Miller replied that they were looking at spring of 2018 or by the end of that year however they
cannot start the process of finalizing any development plans until the land use amendment issue has
been resolved.
Mr. Borsuk questioned if they would be able to provide additional sound proofing to prevent issues
with the railroad use.
Ms. Miller responded that they can work with the city on this matter.
Mr. Hinz discussed the concerns regarding the sound proofing issues and that he lived in the city
near the railroad yard as a child and the noise issues are not as bad as perceived.
Mr. Thorns commented that the land use amendment is the only issue being considered at this time
and he had no concerns with it and details related to future development projects will be reviewed at
the time of submission. He did not see a down side to changing the land use in this area to
commercial mixed-use as the city seems to have a surplus of industrial land. He discussed the
statistics of residential and retail uses in this area and felt that it made sense and he would support
the broader land use amendment proposed by the city.
Mr. Borsuk stated that instead of using Global Parkway as delineation for the land use that we should
use another line further to the east and reduce the proposed commercial mixed-use area that is
currently proposed. He felt the land use to the west could be amended to commercial at a later date
after we see what kind of potential development occurs.
Mr. Thorns disagreed and stated that he does not see any reason to protect more area for industrial
use as the city has an excessive amount of industrial land now.
Board discussion continued on where the line should be drawn for the land use amendment and that
the buffer area would be larger with the proposed city request. They further discussed the land to the
west of the proposed development site which did not appear to be developable due to the presence of
wetlands and how the barrier line was chosen. It was the consensus of the Commission that the road
10
created a natural barrier dividing the industrial designation from the commercial mixed-use
designation.
Motion by Kiefer to approve a Comprehensive Land Use Plan map amendment from industrial to
commercial mixed -arse far property located on the south side of STH 91 between Clairville Road and
STH 44.
Seconded by Hinz. Motion carried 7-1. (Nay-Borsuk)
11
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September 5, 2017
Kelly Nieforth
Economic Development Services Manager, Economic Development Division
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54903-1130
Dear Kelly,
I am writing this letter to you to offer our corporate opinion on the multi -plea residence known as
Comprehensive Plan Amendment STH 91 (Swiderski) that is proposed for development nearby the
Wisconsin and Southern Railroad corridor, Our position regarding the proposed rezoning of industrial
land to residential land is neutral.
This letter is in no way to be used or construed as global support for any other potential residential
development or rezoning either adjacent or nearby the rail corridor that today is currently zoned as
Industrial. Wisconsin & Southern Railroad is not in support of further potential rezoning of any kind
west ofthe currently proposed development which is identified as the LAND USE AMENDMENT
REQUEST AREA. (PETITIONER REQUEST) set forth within the LAND USE AMENDMENT
prepared by the City of Oshkosh, WI with a print date of 712712017. To clarify we do not suppos.-t any
rezoning of the area identified as die AREA. OF POTENTIAL LAND USE AMENDMENT (STAFF
INITIATED) set .forth within before mentioned document, The document is attached for reference.
We ask that the City of Oshkosh continue to preserve ALL remaining land zoned' as industrial along or
nearby the railroad corridor for future industrial use only.
Sincerely,
t
1
Kathleen M. Sackett
Dircctor of Commercial
71
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The Qty of Qshkash crivaw and mainidm GIs maps Ud data V M own use I" may ft?i the
epp)(mato jetAt tcaW of property, Wmdades and Aa Wuf a tram a voety of sources.
These KXsYdaWeiS are PMVEed for hkYm6an pUlMes cfky end may not bo sur,,CWI or Printing Dale: 7/2712017
af$ropMe fer legal vViteaft of survwjMg purposes. They are pfmidnd W-Vwnw Oshkosh
viarmnifes of arl/ kAd Mil the Cay of 0shkwh assumM no labfity for use Of nosuse. Prepared by: City of OshkoA Wl
A "tilFt L, ce P.91 an I a I I I r---- z -Lm S k, Nz a ),4 r.^j rq O -AWlai CA i w isKv i t 1,N bl F%*A W9 ic ni dala fl I q d lVr.
IxBurich,
Darryn
na ne000ionn omm n ioimm
From: Peggy Glebel <peggy_giebel@yahoo.com>
Sent: Monday, August 28, 2017 4:06 PM
To: BudGh, Darryn
Subject: nekimi land rezoning
Hi,
I am touching base regarding rezoning of a parcel of land between Hwy 44 and Hwy 91, We currently live
right next to the land in discussion and we would not be in favor of having multi -family housing next
door. We chose to live whexe we live because we don't want a lot of neighbors. In ow little group of houses,
we all keep to ourselves and respect the space and privacy of each other. There would also be concern about
what something like this does to our land value. Assessing the quality of housing going in, where the
driveways are, which direction the buildings are facing, etc. Then of course if this does happen it would
become city property, and i am understanding we sit in the annex zone, so that leads me to ask when the city
would make our land city as well. Our Iand would become a suburb instead of a couple houses out of town.
We like where we live and don't look forward to change that would effect our land and home values in a
negative manner.
Thank you for your time,
The Nozars
4097 State Rd 91
LAND USE AMENDMENT ABRAHAM LIV TST ABRAHAM LIV TST
4100 BLOCK OF STATE RD 91 2393 N CLAY RD 2389 CLAY RD
PC; 09.19-17 OSHKOSH WI 54904 0000 OSHKOSH WI 54904 0000
ABRAHAM, ROBERT C AKINS-PARSONS-WELCH ATLAS AVENUE LLC
2386 N CLAY RD 2220 KEOTA LN 230 OHIO ST STE 200
OSHKOSH WI 54904 0000 SUPERIOR CO 80027 0000 OSHKOSH WI 54902-5825
AVERKAMP, JOSEPH A AV ERKAMP, JOSEPH A BARBER ENTERPRISES INC
2875 PRAIRIE WOOD DR 4102 STATE RD 91 480 N PIONEER RD
OSHKOSH WI 54904 0000 OSHKOSH WI 54904 9213 FOND DU LAC WI 54937-9789
BCG PROPERTIES LLC BEEZ PROPERTIES LLC BINDER, NORMAN
3076 ROSEWOOD LN PO BOX 2332. 4246 STATE RD 44
OSHKOSH WI 54904-7613 OSHKOSH WI 54903-2332 OSHKOSH WI 54904 0000
BLUE ROCK PROPERTIES LLC BOHN FARMS INC BRADLEY J/TAMMY J THOMAS
PO BOX 18520 PO BOX 136 2590 OLD ALEX CT
ERLANGER KY 41018-0520 WAUKAU WI 54980 0000 OSHKOSH WI 54904-8737
GREY, CLYDE A BRIESE, JEFFREY C & C NELSON PROPERTIES LLC
2665 YORKTON PL 4243 STATE RD 91 6610 STATE RD 44
OSHKOSH WI 54904 0000 OSHKOSH WI 54904 0000 PICKETT WI 54964 0000
CAYMAN INVESTMENTS LLP CENTRAL STORAGE LLC CITY OF OSHKOSH
1720 RIVER MILL RD 2500 W WAUKAU AVE PO BOX 1130
OSHKOSH WI 54901-2769 OSHKOSH WI 54904-8988 OSHKOSH WI 54903-1130
CLOUD CITY LIMITED
COOK, MARK D COWAN, PATSY APARTNERSHIP
4159 STATE RD 91 1018 W LUCK ST12238NEWBURGHRD
OSHKOSH WI 54904 0000 SILVER CITY NM 880610000LIVONIAMI48150-1046
DCR INVESTMENTS LLC DEMLER JR, HAROLD E DLJ HOLDINGS LLC
2277 CLAIRVILLE RD 4397 STATE RD 91 PO BOX 3064
OSI4KOSH WI 54904 0000 OSHKOSH WI 54904 0000 OSHKOSH WI 54903-3064
FIFTH AVENUE LLC FOLSKE, RICK A GAMBRINUS ENTERPRISES INC
2515 GASLIGHT CT 4521 STATE RD 44 2850 S OAKWOOD RD
OSHKOSH WI 54904-7309 OSHKOSH WI 54904 0000 OSHKOSH WI 54904-6378
17.
HAYDOCK, JAMES J HIGHWAY 44 RENTALS LLC JAMES F JR NOZAR LIV TST
2005 WHITE SWAN DR 2912 SHOREWOOD DR 4097 STATE RD 91
OSHKOSH WI 54901 0000 OSHKOSH WI 54901 0000 OSHKOSH WI 54904 0000
JANKE FARM LLC KIENBAUM PROPER OF OSHKOSH
1031 W 10TH AVE
LLC
OSHKOSH WI 54902 0000 3446 WITZEL AVE
OSHKOSH WI 549010000
KIENBAUM PROPERTIES LLC
3660 HICKORY RIDGE RD
OSHKOSH WI 54904 0000
KING, CHRISTINA C LA AIMAI T LOR LENN N/ELIZABETH J ROHDE
2235 CLAIRVILLE RD 2527 W WAUKAU AVE N8098 DUCK CREEK AVE
OSHKOSH WI 54904 0000 OSHKOSH WI 54904-8904 NESHKORO WI 54960-8745
LYNCH, THOMAS A MARX, TERESA J MCMAHON, MICHAEL W
2415 CLAIRVILLE RD 4531 STATE RD 91 6374 BONNIE VIEW RD
OSHKOSH WI 54904 0000 OSHKOSH WI 54904 0000 PICKETT WI 54964 0000
NEAL H/ROXANNE C DOBBERSTEIN PHILLIPS, GERALD G
2575 OLD ALEX CT 4712 STATE RD 44
OSHKOSH WI 54904-8737 OSHKOSH WI 54904 0000
POTRATZ, GAYLE N
152 W 19TH AVE
OSHKOSH WI 54902 0000
RHYNER TST
4417 STATE RD 91
OSHKOSH WI 54904 0000
SCHNEIDER, THOMAS R
4545 STATE RD 44
OSI-IKOSFT WI 54904 0000
TAFFEL, NATHAN
210 E CROWNING CROSS ST
THIENSVILLR WI 53092 0000
UNITED COOPERATIVE
N7160 RACEWAY RD
BEAVER DAM WI 53916
PREY, DALE R
4094 STATE RD 44
OSHKOSH WI 54904 0000
RUEDINGER, DAVID A
2255 CLAIRVILLE RD
OSHKOSH WI 54904 0000
SCHOENING, BRADLEY J
4165 STATE RD 44
OSHKOSH WI 54904 0000
THOMAS D GANTHER REV TST
4860 US HIGHWAY 45
OSHKOSH WI 54902 0000
VANDEN HEUVEL, JEFFREY
4081 STATE RD 91
OSHKOSH WI 54904 0000
POINTE TAX & FINANCIAL LLC
2515 GASLIGHT CT
OSHKOSH WI 54904-7309
RADLOFF, WESLEY A
2061 JAMES RD
OSHKOSH WI 54904 0000
SCHATZKE, TROY A
4429 STATE RD 91
OSHKOSH WI 54904 0000
SCHUTZBANK, STEPHEN L
4523 STATE RD 91
OSHKOSH WI 54904 0000
TOWN OF NEKIMI
3790 PICKFrr RD
OSHKOSH WI 54904 0000
WESTRIDGE I LLC
3807 STATE ROAD 21 A
OSHKOSH WI 54904-9323
I /
WEYMONT VENTURES LLC WI HWY 44 TRUST WINNEBAGO HOME BUILDERS
N7255 32ND CT 8501 ASTRONAUT BLVD STE 5-147 ASSOCIATION INC
WEYAUWEGA WI 54983-5663 CAPE CANAVERAL FL 32920 0000 4041 STATE ROAD 911
OSHKOSH WI 54904-9218
ABRAHAM LIV TST
2389 N CLAY RD
OSHKOSH WI 54904 0000
S.C. SWIDERSKI LLC
401 RANGER ST
MOSINEE WI 54455
14
Caty of Oshkosh maps and data are intended to be used for general identikafon purposes only, and
the City of Oshkosh assumes no RaWty for the acalracy of the Information. Those using the
inforrnatlon are responsible for verityq acatracy. For NO diseldrner please go to
vAwi.cJ.osbkoshA.us/GlWsarner
JAGISIPrannind.Plan Commission Sita Pian Man
I In = 4,15 mi
1 in= 800 ft
Printing Date; 917/2017
Prepared by: City of Oshkosh, Wi
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c:ifyr
Oshkosh
I le an AM, h
I
City of Oshkosh maps and data are intended to be used for general identification pu"ses only, and
the Cily of Oshkosh assumes no Uabiiily W the Kwracy of fhe h1ommatlon. Those using the
kmfommDon aro respooslbte for veafyng accuracy. For full disdalmer please go to
vn,w.d.%hkosh.vd.uslGWisdaimer
COt MM.*On Sire Plan Map TemMeVan Commssan Sire Flan Mao
I in = 0.23 mi
1 in =1,200 it
Ptiltting Date: WNW
Prepared by: City of Oshkosh, WI
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A 1 in= 800 ft
City of Oshkosh maps and data are intended to be used for general identification purposes only, and
the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date: 9/7/2017informationareresponsibleforverifyingaccuracy. For full disclaimer please go to Oshkoshwww.d.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI
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