HomeMy WebLinkAbout40. 18-61 JANUARY 23, 2018 18-61 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE COVENANTS FOR THE OSHKOSH AVIATION
BUSINESS PARK
INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT
PLAN COMMISSION RECOMMENDATION: APPROVED
WHEREAS, the City of Oshkosh and Winnebago County created an Aviation
Business park adjacent to Wittman Regional Airport, off Ripple Avenue, West of Oregon
Street to implement a vision for an industrial park for economic development and
aviation related uses; and
WHEREAS, to provide an additional layer of protection over and above the
Zoning Ordinance and to implement the original vision for the park to be that of an
economic development cluster devoted to aviation related commercial and industrial
uses, the City proposes to create protective covenants and restrictions for said park, per
the attached; and
WHEREAS, meetings were held with Greater Oshkosh Economic Development
Corporation, Wittman Regional Airport Director, Industrial Development Committee
and City staff to obtain input on uses and restrictions within the Aviation Business Park;
and
WHEREAS, the Covenants and Restrictions as proposed were approved by the
Industrial Development Committee and the Oshkosh Plan Commission.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the Covenants and Restrictions for the Oshkosh Aviation Business Park,
per that attached, is hereby approved.
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: January 18, 2018
RE: Approve Covenants for the Oshkosh Aviation Business Park (Plan Commission
recommends approval)
BACKGROUND
Staff and the Greater Oshkosh Economic Development Corporation (GO EDC) request approval
of the private covenants for the Oshkosh Aviation Business Park. The purpose of the covenants
is to provide an additional layer of protection over and above the restrictions in the Zoning
Ordinance and help to implement the original vision for the park to be that of an economic
development cluster devoted to aviation related commercial and industrial uses.
The Aviation Industrial Park is comprised of approximately 80 acres on the City's southeast side
adjacent to the Wittman Regional Airport, south of Ripple Avenue, west of Oregon Street. The
City created Tax Increment District No. 26 in 2013 to implement infrastructure improvements in
the park.
The proposed covenants are the product of many meetings between the Department of
Community Development and GOEDC staff as well as input from the Industrial Development
Committee and County staff including the Airport Director. The covenants as proposed were
approved by the Industrial Development Committee on July 12, 2016.
The proposed covenants govern how lands can be used and/or maintained within the park
and are a layer on top of the zoning. As covenants, they cannot be less restrictive than the
underlying zoning code and are generally more restrictive in some areas to implement the
aviation related economic development vision for the area.
In this case, the covenants generally defer to the City's zoning ordinance with regard to
setbacks, landscaping, parking, etc. Where they deviate, however, are relative to land uses
that can be in the park and signage that may be erected.
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
With respect to uses, Section II A 1 states that "uses on the west side of the park shall be
related to aviation or aerospace and require direct access to airport facilities. Uses on the east
side of the park shall be aviation or aerospace related, or supportive of aviation or aerospace
uses, but do not require direct access to airport facilities." The determination of what is
"supportive of aviation or aerospace" will be made by the Industrial Park Committee. Section
II A 3, Permitted Uses, and Section II A 4 identify the Permitted and Conditional Uses. Section
II A 5 states that all other uses that are not identified as permitted or conditional are
prohibited, unless an exception is made by the Industrial Park Development Committee per
Section XII of the covenants.
The other more restrictive aspect of the covenants pertains to signage. Signs are limited to one
sign per property, as either wall or monument type signs. Monument signs are limited to 100
square feet in area (per side) and limited to a maximum height of six (6) feet above the center
line of the street centerline. Wall signs are limited to 32 square feet total. Monument signs are
required to be landscaped.
Other provisions of the covenants discuss outdoor storage and display, maintenance,
repurchase, enforcement, and special exceptions.
FISCAL IMPACT
The covenants as proposed shouldn't have any more fiscal impact on a particular development
than any other similarly zoned industrial property within the city. As the covenants more
narrowly restrict land uses in the park to aviation related industry, it may take more time for
the park to fill up and will take longer to recoup the city's initial investment.
RECOMMENDATION
The Plan Commission recommended approval of the zone change at its January 2, 2018 meeting.
Respectfully Submitted,
Darryn Burich
Director of Planning Services
Approved:
r
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
ITEM: APPROVAL OF COVENANTS FOR THE OSHKOSH AVIATION BUSINESS PARK
ACTION REQUESTED/BACKGROUND
Staff requests approval of the private covenants for the Oshkosh Aviation Business Park. The purpose
of the covenants are to provide an additional layer of protection over and above the restrictions in the
Zoning Ordinance and also help to implement the original vision for the park to be that of an
economic development cluster devoted to aviation related commercial and industrial uses.
The Aviation Industrial Park is comprised of approximately 80 acres on the City's southeast side
adjacent to the Wittman Regional Airport south of Ripple Avenue west of Oregon Street. The City
created Tax Increment District No. 26 in 2013 to implement infrastructure improvements in the park.
The proposed covenants that staff is requesting approval of are the product of many meetings
between the Department of Community Development and GOEDC staff as well as input from the
Industrial Development Committee and County staff including the Airport Director. The covenants
as proposed were approved by the Industrial Development Committed on July 12, 2016.
ANALYSIS
The proposed covenants govern how lands can be used and/or maintained within the park and are a
layer on top of the zoning. As covenants they cannot be less restrictive than the underlying zoning
code and as covenants they generally are more restrictive that implements the vision for the area.
In this case, the covenants generally defer to the City's zoning ordinance with respect to setbacks,
landscaping, parking, etc. Where they deviate however are with respect to land uses that can be in the
park and signage that may be erected.
With respect to uses, Section II A 1 states that "uses on the west side of the park shall be related to
aviation or aerospace and require direct access to airport facilities. Uses on the east side of the park
shall be either aviation or aerospace related or supportive of aviation or aerospace uses but do not
require direct access to airport facilities." The determination of what is "supportive of aviation or
aerospace" will be made by the Industrial Park Committee. Section II A 3 Permitted Uses and Section
4 identify the Permitted and Conditional Uses, Section 5 states that all other uses that are not
identified as permitted or conditional unless an exception is made by the Industrial Park Development
Committee per Section XII of the covenants.
The other more restrictive aspect of the covenants pertains to signage. Signs are limited to one sign
per property as either wall or monument types of signs. Monument signs are limited to 100 square
feet in area (per side) and limited to a maximum height of six (6) feet above the center line of the street
centerline. Wall signs are limited to 32 square feet total. Monument signs are required to be
landscaped.
Other provisions of the covenants discuss outdoor storage and display, maintenance, repurchase,
enforcement, and special exceptions.
RECOMMENDATION
Staff request the Plan Commission recommend adoption of the Covenants and Restrictions Regarding
the Oshkosh Aviation Business Park as proposed.
The Plan Commission approved the covenants for the Oshkosh Aviation Business Park. The
following is the Plan Commission's discussion on this item.
Mr. Burich presented an overview of the Aviation Business Park Covenants. He stated the covenants
generally mirror the zoning ordinance but are more restrictive on the use, which must be aviation or
aerospace related or supportive of aviation or aerospace uses. Mr. Burich discussed the sign
requirements in the Business Park as well as outdoor storage and display, maintenance, repurchase,
enforcement and special exceptions.
Mr. Fojtik questioned who initiates covenants in the business parks.
Mr. Davis responded that the City and the Industrial Development Committee initiated the covenants.
He stated the City has adopted covenants for the Southwest Industrial Park, however the Aviation
Business Park covenants is being adopted separately because of the focus on aviation.
Mr. Burich stated without having the Aviation Business Park covenants it would be difficult to enforce
the desire to target aviation related uses.
Ms. Propp questioned how a commercial kitchen could be an aviation related use.
Mr. Davis responded that if the business caters to a specific aviation business it would be allowed.
Mr. Burich stated the business would need to make their case that they are an aviation related
business, or catering to an aviation related business which would need to be approved through a
conditional use permit.
Mr. Bowen questioned under what circumstances a communications tower would be permitted and
how a communications tower is defined.
Mr. Burich stated the permitted uses mirrored what is written in the zoning ordinance for heavy
industrial.
Mr. Lyons read the definition of the communications tower from the City of Oshkosh Zoning
Ordinance.
Mr. Burich stated a communications tower would likely not meet the height regulations with it
adjacent to the airport and the tower would need to be aviation related for it to be permitted in the
business park.
Motion by Vajgrt to approve the covenants for the Oshkosh Aviation Business Park.
Seconded by Borsuk. Motion carried 8-0.
ITEM II- Covenants for the Oshkosh Aviation Business Park
-Pending approval from the City of Oshkosh"
COVENANTS AND RESTRICTIONS REGARDING
OSHKOSH AVIATION BUSINESS PARK at Wittman Regional Airport
1. GENERAL
A. Purposes and Conditions. The real property conveyed hereby, being a part of
the Oshkosh Aviation Business Park at Wittman Regional Airport (the "Park"), is
subject to the conditions, covenants, restrictions, easements, and protections
hereby declared (the "Protective Covenants") by the City of Oshkosh,
Wisconsin ("City") and Winnebago County, Wisconsin ("County"), collectively
the "Declarant" for the following general purposes:
1. to ensure proper use and appropriate development and improvement of each
building site;
2. to protect the environment in the Park;
3. to guard against the erection of structures built of improper or unsuitable
materials;
4. to ensure reasonable development of the property in the Park;
5. to ensure proper setbacks from the street, adequate free space between
structures, adequate parking, and in general, to provide for a high quality of
improvements in the Park;
6. to ensure that each building site will not adversely affect the general plan for
physical development of the Park nor adversely affect the health or safety of
residents or workers in the area nor be detrimental to the use or development of
other properties in the Park;
7. to ensure development and use of the Park is consistent with Airport Zoning
and grant assurances made by Wittman Regional Airport ("Airport") to the
Federal Aviation Administration ("FAA");
8. to ensure the interest of current Airport tenant, the Experimental Aircraft
Association ("EM"), in protecting the aerobatic restriction areas during the
annual AirVenture fly -in is provided for; and
9. to ensure development is consistent with the objective to build an aerospace
related business cluster in Oshkosh and the surrounding region.
B. Park Ownership. The Park is a joint project of the City and County and is
located as depicted on the map attached and incorporated as Exhibit A to these
Protective Covenants. All land east of the street Aerolnnovate Way is owned
by the City ("East Side") and all land west of Aerolnnovate Way is owned by the
County ("West Side"). City owned Park property may be purchased. County
owned Park property may only be leased. The property on the West Side of the
Park has direct access to Airport facilities, including taxiways. The property on
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the East Side of the Park does not have direct access to Airport facilities,
including taxiways. These Covenants shall govern both the East and West Side
of the Park and be subject to approval by the City and County.
C. Relation to City and Airport Zoning, Codes. These Protective Covenants are in
addition to City Zoning Ordinance and Building Code requirements ("City
Zoning") and County Zoning Ordinance, Airport Zoning District Area Overlay
("Airport Zoning"), unless otherwise specified. Where appropriate these
Covenants adopt the underlying City or Airport Zoning. In some instances it
was appropriate to provide for particular additional restrictions due to the Park's
purpose to support aviation related businesses. The Park is located in the City
Zoning Hl Heavy Industrial, as amended and in Aerial/Approach/Departure
Zone Air -3 of Airport Zoning (Airport Zoning attached and incorporated herein
by reference as Exhibit B), as amended.' All projects in the Park must comply
with all applicable City Zoning and Airport Zoning.
D. The Greater Oshkosh Economic Development Corporation Industrial Park
Development Committee. The Greater Oshkosh Economic Development
Corporation's Industrial Park Development Committee ("Industrial Park
Committee")'s purpose is to ensure proper development in the Oshkosh area
industrial and business parks. The City and County designate the Industrial
Park Committee to have certain discretion and powers as described in these
Protective Covenants,
E. Approval of Use, Plans and• Subdivision,. The City's Site Plan Review
Committee, with the addition of the Wittman Regional Airport Director ("Airport
Director") shall review and approve use or reuse of the Property prior to sale,
lease or occupancy of Property. Before commencing construction or alteration
of any building, enclosure, fence, loading dock, parking facilities or any other
structures or permanent improvements on or to any site within the Park, the
owner, lessee or occupant shall first submit complete plans and specifications
to the City in accordance with the City's site plan review process; provided,
however, the City shall ensure that the Airport Director shall be included on the
Site Plan Review Committee. No improvement shall be erected, placed,
altered, maintained or permitted in the Park until such plans and specifications
have been submitted and approved by the Site Plan Review Committee,
including the Airport Director. No lots shall be subdivided without the prior
written consent of the City or County, whichever is owner of the lot.
F. FAA Grant Assurances. The Airport has made certain assurances to the FAA
in connection with the receipt of grant funding. These assurances are a
necessary condition for federal funding which permits the Airport to operate.
These assurances from time to time may impose requirements on lessees and
owners of property in the Park. Such requirements will be addressed in a
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written lease agreement between the County and the respective tenant or, if
applicable, in a written land purchase agreement between the City and
respective purchaser.
G. Compliance with Law. Owners and lessees of property in the Park shall comply
with all applicable laws, ordinances, rules and regulations promulgated by any
governmental unit having jurisdiction over the owner, lessee or property.
IL LAND USE
Properties located within the Park shall be in conformance with the following
standards.
A. Use:
1. Uses on the West Side of the Park shall be related to aviation or aerospace and
require direct access to Airport facilities. Uses on the East Side of the Park
shall be either aviation or aerospace related or supportive of aviation or
aerospace uses but do not require direct access to Airport facilities. What is
"supportive of aviation or aerospace" shall be subject to the discretion of the
Industrial Park Committee and be consistent with the "Purposes" set forth
above in Section LA.
2. The uses listed below in Section II.A.3 and 4 are as defined by City Zoning and
must also comply with Section II.A.1, above.
3. Permitted Uses
a. Outdoor open space
b. Passive outdoor recreation, as an accessory use
c. Essential services
d. Office
e. Indoor maintenance
f. Light industrial
g. Heavy industrial
h. Indoor storage and wholesaling
i. Communications tower
j. Recreational facility, as an accessory use
k. Landscape features
I. Non-residential accessory use
m. On-site parking
n. Company cafeteria
o. Distribution center
p. Freight terminal
q. Airport operations
r. Heliport
s. Incidental light industrial
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t. Incidental outdoor storage
u. Satellite dish
v. Personal antennae
w. Communications antennae
x. Temporary moving container
y. Temporary outdoor storage
z. Temporary on site construction storage
aa. Temporary contractor's project office
4. Conditional Uses; The following uses are conditional and a special exception
must be made in accordance with Section XII of these Protective Covenants
a. Personal and professional services
b. Artisan production shop
c. Commercial kitchen
d. Incidental outdoor display.
e. Incidental indoor sales
f. Vehicle storage and maintenance
g. Aircraft storage and maintenance
h. Indoor institutional
i. Indoor food production
j. Outdoor storage and wholesaling
k. Outdoor maintenance
1. Transit center
m. Off site parking
n. Off site structured parking
o. Small wind generation
p. Small solar generation
q. Large wind generation
r. Large solar generation
s. On site structured parking
t. Temporary on site real estate sales office
u. Temporary relocatable building
v. Temporary outdoor assembly
w. T -hangars as accessory use
5. Prohibited Uses: All other uses not identified as permitted or conditional are
prohibited, unless a special exception is made by the Industrial Park
Development Committee in accordance with Section XII of these Protective
Covenants.
6. Accessory Uses: An accessory use is one that is accessory to the primary
structure on the property and is subject to the following requirements, (in
addition to any requirements imposed if it is an accessory and also conditional
use)
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a. No accessory structure or use shall be constructed on any lot prior to the
establishment of an allowable principal use or remain on the lot if the
principal use or structure is removed.
b. Accessory land uses and structures shall not be located within the
required front or street yard setback. This applies to corner, single -
frontage, and double -frontage lots.
B. Height Restrictions. The property in the Park is located in a Height Limitation Zone of
the Airport Zoning and subject to the requirements provided therein (Exhibit B).
C. Evacuation of the Aerobatic Restriction Zone During AirVenture. Current Airport
tenant EAA operates an annual fly -in convention called "AirVenture", which attracts
hundreds of thousands of visitors, aviation enthusiasts, pilots and aircraft to the Airport
for one week during the year. AirVenture conducts daily or sometimes twice daily
airshows featuring aircraft conducting various operations ("Airshows"). During these
Airshows, certain areas at and around the Airport must be unoccupied ("Aerobatic
Restriction Areas"). The Park is located in the Aerobatic Restriction Area.
Accordingly, for the duration of each Airshow, all persons in the Park must be
evacuated.
Owner and Lessee Obligations. These Protective Covenants impose on each
owner or lessee of property in the Park the obligation to ensure their facilities
are evacuated during each and every Airshow. In addition, owners and lessees
are required to participate in training about proper procedures for aircraft and
traffic movement on the Airport during AirVenture.
2. Airport Obligations, The Airport will provide fifteen (15) days advance notice to
all owners and lessees in the Park of the dates and times of Airshow
evacuation. The Airport will also work with owners and lessees in the Park to
arrange for training in AirVenture procedures.
3. Enforcement and Penalties. In the event it was determined that the Aerobatic
Restriction Area was not evacuated during an Airshow, the Airshow would be
required to discontinue until the area was evacuated, resulting in significant
damages to. EAA and the Airport. Accordingly, each owner and lessee in the
Park agrees to permit police to escort off the Airport anyone on their property
failing to evacuate during an Airshow and agrees to compensate EAA and the
Airport for their actual damages associated with such failure to evacuate, in
addition to any other remedies to which EAA and/or the Airport may be entitled.
D. Additional Restrictions Associated with Light/Glare, Noise, Vibrations, Hazards and
Nuisances
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1. Please refer to "Airport Zoning, Special Airport Provisions"
Ill. EXTERIOR BUILDING DESIGN STANDARDS, UTILITIES AND LIGHTING
STANDARDS
A. All structures in the Park shall comply with the City Zoning — Exterior Building
Design Standards for industrial or commercial use, whichever is applicable.
B. Utilities. Electrical extension and service shall be installed as an underground
facility from the street right-of-way, or utility easement, to the building.
C. Exterior Lighting Standards.
1. Lighting shall be designed to provide safety and security for occupants of
the development and supply reasonable illumination for on-site areas such
as parking, loading, shipping and pathways.
2. Lighting shall be designed to minimize glare or objectionable effects to
motorists, aircraft and adjacent properties.
3. Building lighting shall be recessed soffit lighting, sconce lighting or
landscape uplighting.
4. Full cut off fixtures are required at each entrance.
5. Buildings shall be illuminated in such a way as to illuminate the building at
night and provide adequate illumination for a safe night time environment.
6. Site lighting poles shall not exceed 20 feet in height and shall direct the light
downward.
7. Site lighting shall provide sufficient illumination so as to provide for minimum
0.5 foot candle -level at the lot line and 1 foot-candle level on site.
8. Lighting sources shall be shielded from adjacent properties and from
automobile traffic on the serving roadway.
IV. LANDSCAPING REQUIREMENTS
Landscaping shall be in accordance with City Zoning -- Landscaping Requirements, with the
exception that all landscaping shall be done in a way to discourage rodents and waterfowl to
locate in the Park, in accordance with the current FAA Advisory Circular on this topic (current
Circular Section 2-7(b), attached and incorporated as Exhibit D).
V. SETBACK AND LOT AREA REQUIREMENTS
A. Building setback requirements shall be in accordance with City Zoning.
B. Lot sizes and lot coverage shall be subject to review by the Site Plan Review
Committee.
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VI. OFF-STREET PARKING AND LOADING REGULATIONS
A. Offstreet parking for employees, customers, and visitors shall be in accordance
with City Zoning.
B. Offstreet loading shall be in accordance with City Zoning.
VII. SIGNS
A. Purpose. In addition to the purposes set forth in Section I.A, the purpose of these
sign standards is to aid in eliminating excessive and confusing sign displays in the
Park.
B. Definitions.
1. Business Identification Sign. Business identification signs are signs that
name buildings, owners or tenants, bay or suite numbers and may identify
the type of business or products.
2. Directional Signs. Directional signs relate to pedestrian and vehicular
flows within the Park and may contain related safety information.
C. Permitted Siqns.
1. Business Identification Signs. One business identification sign is permitted
at each street or airport frontage and may be a monument or wall sign.
2. Directional Signs. One directional sign is permitted at each driveway or
building entrance and may be a monument or wall sign shall conform, as
nearly as possible, to the international symbols.
3. Temporary signs. Signs advertising the sale of land, a business and/or a
building or availability of employment are permitted on a temporary basis.
Temporary basis shall mean not to exceed ninety (90) days, unless
otherwise approved the Industrial Park Committee.
D. All other signs are prohibited unless a Special Exception in accordance with
Section XII is made by the Industrial Park Development Committee,
E. Sign Requirements and Limitations.
1. Monument signs.
a. Shall not penetrate the imaginary surface line as established by FAA Part
77 standards of building heights near airspace.
b. Are limited to a maximum size of 100 square feet total on each face.
c. Are limited to a maximum height of six (6) feet above the center line of
the street grade and
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d. Shall not obstruct the driver's view when entering or exiting driveways.
2. Wall Signs.
a. May be placed directly on building fagade.
b. Are limited to a maximum size of 32 square feet total.
G. No sign face shall be perpendicular to the face of the building or
project above the top horizontal line of the wall or roof adjacent to the
sign.
3. Muiti-tenant buildings. For buildings occupied by more than one tenant.
a. One multiple tenant monument business identification sign is permitted.
b. Each tenant shall be permitted one business identification wall sign.
F. Sign Design Standards.
1. Signs shall be of good design and integrated with and harmonious to the
structures and sites they occupy.
2. Signs shall be constructed of materials suitable for outdoor use and consistent
with material content and architectural style of the building.
3. No exposed conduit, tubing, or raceways will be allowed.
4. No exposed neon lighting shall be used on signs, symbols, or decorative
elements.
5. All conductors, transformers, and other equipment must be concealed.
6. Signs shall be illuminated and attractively landscaped.
VIII. OUTDOOR STORAGE AND DISPLAY STANDARDS
A. Screening. Outdoor storage shall be permitted so long as such storage is visually
screened from all streets
B. Screening Requirements. Screens shall be at least six (6) feet in height with 90%
opacity. Screens shall be made of wood or interwoven vinyl, unless another
material has been approved by the Industrial Park Committee. Screening shall be
attractive in appearance and in keeping with the architectural quality and design of
the main structure. In certain instances landscaping may provide adequate
screening,
C. Exception for Aircraft and Aircraft Work in Process. Aircraft or Aircraft part of work-
in -process may be stored outside without complying with Section VIII. A.
D. Fuel. Tanks for storage of fuel shall be underground unless impracticable or not
permitted by law. Any above ground storage tank must be approved by the
Industrial Park Committee and double walled, screened and maintained in
accordance with state and federal law requirements.
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IX. MAINTENANCE GENERAL. PROVISIONS
A. Parcel Maintenance. The following standards are provisions intended to encourage
maintenance practices that will result in property that is attractive to the community
and owners and lessees of properties in the Park. Generally, the maintenance
provisions listed below are common management practices.
B. Property.
1. Each owner or lessee shall be responsible for the maintenance of its grounds
including driveways, walkways, parking areas, storm water facilities, fences and other
components within the property boundaries.
2. Repairs and rehabilitation will be done with the type of material originally installed
thereon or such substitute that is, in all respects, equal in quality, appearance and
durability.
3. Snow and ice removal, the removal of debris and waste material and the washing
and sweeping of paved areas is required when needed.
4. All property, grounds and improvements shall be maintained to be clean and safe
and function as originally designed.
C. Buildings.
1. Owners or lessees shall keep the buildings, improvements and appurtenances
thereon in a neat, clean and safe condition compatible with the Park, and comply in all
respects with applicable local, state and federal governmental ordinances, laws,
regulations, requirements or directives.
2. Buildings, structures and appurtenances shall be painted or refinished when
appearance dictates.
D. Utilities
1. External utility lines for electrical, telephone or telecommunications services shall be
properly maintained such that wiring is not exposed to introduce safety hazards or to
threaten service interruptions due to shorting, grounding or other causes due to
negligent maintenance.
2. Other utility infrastructure systems shall be maintained in such a manner as not to
create property damage or health hazards to occupants or neighboring owners or
tenants.
E. Parking Lots
1. Parking lots, including the landscaping within the general area, shall be maintained
on a regular basis to provide safe and efficient vehicle and pedestrian usage and to
ensure a satisfactory visual appearance.
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2. Activities shall include periodic sweeping and washing of the surface; refuse
removal, and painting of parking stall markers; and crack sealing, repairing pitted or
damaged concrete or asphalt surfaces, and repaving when needed.
F. Exterior Lighting. tin -g. All external lighting systems on buildings or structures or on
lighting poles will be kept clean and re-lamped to promote efficiency of systems
and safety. This includes lighted signs.
G. Landscaping
1'. All landscaped areas shall be routinely maintained including the trimming,
watering and fertilization of all grass, groundcover, shrubs or trees, removal of
dead or waste materials and rapid replacement of any dead or diseased grass,
groundcover, shrubs or trees.
2.Trash will be collected and removed as necessary to provide a visually
acceptable appearance.
3. All landscaped areas and plants required by these standards must be
permanently maintained in a healthy growing condition.
4. Dead or diseased plants must be replaced within thirty (30) days of
notification or as soon as practical in freezing weather or complex situations
involving removal/replacement of large trees.
5. All plantings must be fertilized, irrigated and pruned at such intervals
necessary to promote optimum growth.
6. All landscaped areas must be kept free of debris and weeds.
7. Plant material must not interfere with public utilities, restrict pedestrian or
vehicular access or constitute a traffic hazard.
H. Signs
1. All signs shall be maintained to be visually pleasing and readable.
2. Maintenance activities will include washing, painting, repairing the surface of
mechanical or electrical components of the sign and any other activity required
to return the sign to its original visual and functional condition.
3. Signs, poles, wiring, conduits and other related support features should also
be maintained.
4. Owners or lessees to remove signage from their property upon vacation of
such property.
X. COMMENCEMENT AND COMPLETION OF CONSTRUCTION AND REPURCHASE
OPTIONS
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A. Commencement of Construction. Property owners and lessees in the Park agree to
commence in good faith the construction of the building and site improvements, duly
approved in accordance with Section I.D., twelve (12) months from the date of the
deed or lease to which these Protective Covenants are attached or incorporated in by
reference and substantially complete same within a reasonable time thereafter.
If, after the expiration of said twelve (12) months, a property owner shall not have
begun in good faith the construction of an acceptable building upon said property, the
City shall have the option to refund the purchase price and enter into possession of
said property. If, at the expiration of said twelve (12) months, a property lessee shall
not have begun in good faith the construction of an acceptable building upon said
property, the County shall have the option to refund any rent paid, void the lease and
enter into possession of said property.
B. Repurchase Option. In the event any owner of land lying within the Park shall desire
to sell all or any part of the land which at the time is unimproved, owned in the Park
separate and apart from the improved portion of the tract owned, then the City shall
have the prior right and option to purchase the unimproved premises proposed to be
sold, at the same price per acre paid by the owner of said land when originally
acquired from the City and prior to any sale of such premises, the owner of such tract,
his successors or assigns shall notify the Director of Community Development in
writing of the intention to sell, describing the premises to be sold, and the City shall
have sixty (60) days from the date of receipt of such notice to exercise its option. In the
event of acceptance of such offer by the City, conveyance shall be by warranty deed
free and clear of all liens or encumbrances created by act or default of purchaser. In
absence of written notification sent by the City of its election to exercise said option,
such owner shall be free to sell such premises to any person, firm, or corporation and
at any price deemed desirable by such owners; provided, however, any subsequent
sale of land shall be sold subject to these Protective Covenants,
XI. ENFORCEMENT
A. Inspection. The City and County may at any time with 24 hours prior written notice
to an owner or lessee, inspect any property in the Park, including buildings
constructed thereon for compliance with these Protective Covenants.
B. Enforcement. In the event of any violation, attempted violation or breach of these
Protective Covenants, notice shall be forwarded in writing to the owner or tenant
from the Industrial Park Committee Notice shall specify the deficiency, omission or
- violation and set forth the corrective action, if any, which must be taken, and the
time limit for such action to be completed. If the property owner or lessee in the
Park fails to cure within the time period specified in the notice, then the City and
County expressly reserve the right, privilege and license to:
Page 13
1. Enter upon the premises and take any action to cure such violation and all
reasonable cost thereof shall be at the expense of the violator.
2. In addition, the City and County may pursue any other legal remedies available,
including, but not limited to a suit for damages and injunctive relief. If either or
both of the City or County are the prevailing party in any suit brought to enforce
these Protective Covenants, either or both of them are entitled to reasonable
attorneys' fees.
X11. SPECIAL EXCEPTIONS
Special Exceptions. Notwithstanding anything herein contained to the contrary, the
City and County expressly reserve the right at any time and from time to time make
special exceptions to the strict application of these Protective Covenants or any or
one or more of them where the circumstances, where in the sole and exclusive
judgment of the Industrial Park Committee justifies the granting of same: All
requests for special exceptions shall be presented to the Industrial Park Committee
through the CEO of the Greater Oshkosh Economic Development Corporation,
The Industrial Park Committee shall respond with approval or disapproval within
forty-five (45) days. If the Industrial Park Committee fails to respond within the
forty-five (45) day time period, the special exception request will be deemed
approved. Any special exceptions affirmatively approved shall be in writing and
executed the Chair of the Industrial Park Committee,
XIILGENERAL
A. Term. These Protective Covenants shall continue in full force and effect until
terminated in accordance with this section. Written notice shall be delivered to all
property owners and lessees of land in the Park sixty (60) days prior to any action
taken by the City of Oshkosh Common Council and Winnebago County Board to
terminate these covenants. The City and County may not terminate these
covenants unless property owners representing 60% of the property in the Park,
including property awned by the City or County, agree in writing.
B. Amendment. These Protective Covenants may be altered or amended by
agreement of the City and County or its successors in interest and the property
owners owning a majority of land in the Park. Such amendment or alteration shall
be made by written declaration, signed and acknowledged, and recorded in the
Register of Deeds Office, Winnebago County, Wisconsin.
C. Property Ownership. Ownership is determined by ownership of land subject to
these Protective Covenants or any amendments or revisions thereof and land in
Page 14
proximity to the Park owned by the City of Oshkosh or Winnebago County which is
held for Park purposes.
D. No Waiver. With the exception of the time limit for action by the Industrial Park
Committee in XII A, the failure of the City or County, or their designee or any
property owner to enforce any restriction herein contained, shall in no event be
deemed to be a waiver of the right to do so thereafter nor of the right to enforce any
other restriction.
E. Rights Cumulative. Any rights granted to the City or County pursuant to these
Protective Covenants shall be in addition to any rights arising by operation of law or
other contractual provisions, including any lease between the County and a lessee
of property in the Park.
F. Invalidation. The invalidation of any section of these Protective Covenants shall in
no way affect the validity of any of the other sections of these Protective
Covenants.
G. Choice of Law and Forum. This Agreement is entered into and shall be construed
in accordance with the laws of the State of Wisconsin, without giving effect to any
choice of law rules directing the application of the laws of another jurisdiction. Any
action to enforce any provision of or obtain any remedy provided by these
Protective Covenants, shall be brought in Circuit Court, Winnebago County,
Wisconsin, and for this purpose, tenants and owners of land in the Park expressly
and irrevocably consent to the jurisdiction and venue of such Court.
Page 15
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City of Oshkosh maps and data are intended to be used fa general Identification purposes only, and
the City of Oshkosh assumes no IaNty for the accuracy of the information, Those using the
informat+on are responstNe for verifying accuracy, for full disctadmer please go to
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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
information are responsible for verifying accuracy. For full disclaimer please go to
www.ci.oshkosh.wi.us/GlSdisclaimer
Printing Date: 1/9/2018
Prepared by: City of Oshkosh, WI
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