HomeMy WebLinkAboutItem IV PLAN COMMISSION STAFF REPORT MARCH 20,2018
ITEM IV: COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FOR PROPERTY LOCATED
ON THE SOUTH SIDE OF STH 91 BETWEEN CLAIRVILLE ROAD AND STH 44
This item was referred back to the PIait Commission far further review by Council at its November 28, 2017 meeting.
Staff presented at a separate meeting of the Industrial Development Committee(IDC)on 2121118 and the IDC
supported staff's original recommendation or an option that retained the industrial land use recomntendation starting
at the west parcel line of the Akins land. Staff is using the sante staff report and Highlighting any changes in bold,
outside of the headings.
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 applicant'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 SW 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 recounmend 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.
Com rekansive Platt Land Use Recorninendation Land Use
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.
Iienr 1Y-Comp Land Use flan S7H 91 Clain=ille Rd 2
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 Job Growth
The following information relates to the history of industrial employment growth:
Historical Industrial Job Growth
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 -36.11%
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 113. 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 242 acres on 72
Item IV-Comp Land Use Plan STH 91 Clairville Rd 3
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 meati
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
Option 1
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
Item IV-Comp Land Use Plan STH 91 Clainille Rd 4
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.
Option 2
An alternative land use proposal would involve changing the subject property and all of the lands to
the east to commercial. Staff is somewhat concerned with this option as it potentially sets up a
situation where a heavy industrial use could locate directly adjacent to the subject property with little
buffer. However,the city controls future land use in the area and could use its land use and zoning
control to permit only light industrial uses in the area directly to the west. While this is a better option
than simply spot changing the subject property,staff still believes that the city is benefitted from
having a more diverse mix of uses in the area south of STH 91.
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 approval of Option 1.
Ilene IV-Comp Land Use Plan ST1191 Clarrvrlle Rd 5
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Wisconsin & Southern Railroad Co.
i*lu 1890 E. Johnson St.
Madison, Wisconsin 53704
Phone 608-620-2048 Fax608-243-9225 vnvw.watcacompanies.com
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-plex 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 of the 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 7/2712017. To clarify we do not support any
rezoning of the area identified as the 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
Kathleen M. Sackett
Director of Commercial
Page 27
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The City of Oshkmh creates aid mainUm GIS maps and data for its srrvn use, Tney rrray tri the r
approxknnate rebh'a ccarcn of prcpetty,boundatfes aid other feature 6om a vaatety of so ices. f'finiing Date:7/27/201 7 C
3ltese in*sy&Aa;ets are pto*ed fa Infamaticn purposes city end may not ha suWont ar
appropriate fre 'legal, eiWeeft a surrsy)rg purposes. fttoy are pfWded `RS Is'rr;haut prepared by:City of Oshkosh,W] E C�SI',k sh
k ]t t
vrarrandes of any kW and the City of Cehlcoah assumes no 0&7ih(for use or rn'susa,
ik;t`:i7itrrrrgirl:siC,trtr'ii=aid,�5iw��-n?IaPj=����irtF';.'nl:eir�rdss,n�i6�.F1an��2p7`m�a5':.nu.d � � Ei:er'r;�tn
Page 28
Burich, Darryn
From: Peggy Giebel <peggy_giebel@yahoo.com>
Sent: Monday, August 28, 2017 4:06 PM
To: Burich, 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 where we live because we don't want a lot of neighbors. In our 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 duality 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 land 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
Page 29
LAND USE AMENDMENT ABRAHAM LIN 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 AVERKAMP,JOSEPH A BARBER ENTERPRISES INC
2875 PRAIRIE WOOD DR 4102 STATE RD 91 480 N PIONEER RD
OSI-IKOSFI WI 54904 0000 OSHKOSH WI 54904 9213 FOND DU LAC WI 54937-9789
BCG PROPER'T'IES 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
PARTNERSHIP 4159
MARK D COWAN,PATSY A
4159 STATE RD 91 1018 W LUCK ST
12238 NEWBURGH RD OSHKOSH WI 54904 0000 SILVER CITY NM 88061 0000
LIVONIA MI 48150-1046
DCR INVESTMENTS LLC DEMLER JR, HAROLD E DLJ HOLDINGS LLC
2277 CLAIRVILLE RD 4397 STATE RD 91 PO BOX 3064
OSHKOSH 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
Page 30
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 KIENBAUM PROPERTIES LLC
1031 W 10TH AVE LLC
CWITZEL AVE 3660 HICKORY RIDGE RD
OSHKOSH WI 54902 0000 OSHKOSH WI 54904 0000
OSHKOSH WI 54901 0000
KING,CHRISTINA C LA A/MAI 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 NESI-IKORO 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 POINTE TAX&FINANCIAL LLC
2575 OLD ALEX CT 4712 STATE RD 44 2515 GASLIGHT CT
OSHKOSH WI 54904-8737 OSHKOSH WI 54904 0000 OSHKOSH WI 54904-7309
POTRATZ,GAYLE N PREY,DALE R RADLOFF,WESLEY A
152 W 19TH AVE 4094 STATE RD 44 2061 JAMES RD
OSHKOSH WI 54902 0000 OSHKOSH WI 54904 0000 OSHKOSH WI 54904 0000
RHYNER TST RUEDINGER,DAVID A SCHATZKE,TROY A
4417 STATE RD 91 2255 CLAIRVILLE RD 4429 STATE RD 91
OSHKOSH WI 54904 0000 OSHKOSH WI 54904 0000 OSHKOSH WI 54904 0000
SCHNEIDER,THOMAS R SCI-IOENING,BRADLEY J SCHUTZBANK,STEPHEN L
4545 STATE RD 44 4165 STATE RD 44 4523 STATE RD 91
OSHKOSH WI 54904 0000 OSHKOSH WI 54904 0000 OSHKOSH WI 54904 0000
TAFFEL,NATHAN THOMAS D GANTHER REV TST TOWN OF NEKIMI
210 E CROWNING CROSS ST 4860 US HIGHWAY 45 3790 PICKETT RD
THIENSVILLE WI 53092 0000 OSHKOSH WI 54902 0000 OSHKOSH WI 54904 0000
UNITED COOPERATIVE VANDEN HEUVEL,JEFFREY P WESTRIDGE I LLC
N7160 RACEWAY RD 4081 STATE RD 91 3807 STATE ROAD 21 A
BEAVER DAM WI 53916 OSHKOSH WI 54904 0000 OSHKOSH WI 54904-9323
Page 31
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 TS'r S.C.SWIDERSKI LLC
2389 N CLAY RD 401 RANGER ST
OSHKOSH WI 54904 0000 MOSINEE WI 54455
I
i
Page 32
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infwabofi are responsible for verifying fying accuracy. For full dismer please go to Printing Date:WOW
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the City of Oshkosh assumes no tiaNity for the acwracy of the information. Those using the
krformaton are responsVe for verifying accuracy. For full dWaimer please go to Printing Date:9/7/2017 Oshkosh
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