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Home My WebLink About23. 19-89FEBRUARY 12, 2019 19-89 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL (HI) TO HEAVY INDUSTRIAL WITH A PLANNED DEVELOPMENT OVERLAY (HI -PD) NORTH OF THE RAILROAD TRACKS, EAST/WEST OF CLAIRVILLE ROAD AND STATE HIGHWAY 91 INTERSECTION; A PORTION OF THE SOUTHWEST INDUSTRIAL PARK INITIATED BY: CITY OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-32 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-32 of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the property described in the attached "EXHIBIT A" from Heavy Industrial (HI) to Heavy Industrial with a Planned Development Overlay (HI -PD). SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #19-xxx APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL (HI) TO HEAVY INDUSTRIAL WITH A PLANNED DEVELOPMENT OVERLAY (HI -PD) NORTH OF THE RAILROAD TRACKS, EAST/WEST OF CLAIRVILLE ROAD AND STATE HIGHWAY 91 INTERSECTION; A PORTION OF THE SOUTHWEST INDUSTRIAL PARK on February 26, 2019. This ordinance changes the zoning north of the railroad tracks, east/west of Claiville Road and State Highway 91 from Heavy Industrial (HI) to Heavy Industrial with a Planned Development Overlay (HI -PD). 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. PARCEL I: Commencing ndthe West 1/4Corner ofsaid Section 32aforesaid; thence NO0~31'54^E.odistance of417.54feet mkmg the West Line of the Northwest 1/4 of said Section 32 to the Point of Beginning: thence continuing NOO'31'54"E, a distance ofS13.35feet along the West Line ofthe Northwest 1/4tothe East-West Quarter line; thence GO9~18'3TEe distance of 33.00 feet to a found 1 Inch Iron pipe on the East right-of-way of Clairville Road; thence continuing S89~18'33^Eadistance of9O3.7Sfeet \uafound 1 inch Iron pipe; thence SG9^19'54^E.mdistance nf418.27feet hoe found 1Inch Iron p|pe�thence S8S~18'O0^Eadistance of13G1.l8feet k/afound 1Inch Iron pipe onthe East line ofthe Northwest 1/4;thence along the East line ofthe Northwest 1/4SOO°5TUG"W.odistance of477.85 feet 1nafound 1 Inch pipe; thence S18^2r'14^Ea distance of25V.03feet toafound 1inch iron pipe; thence SOU"55'57"W.edistance cf 611.16feet toafound 1inch iron pipe onthe North line ofthe Southeast 1/4;thence S8g~22'03^E.adistance of67V.15 feet toafound 1inch iron pipe; thence continuing 88g~22'03^Eodistance of19.91feet 1oopoint; thence SOO~38'41^VV. a distance of 555.69 feet to 1 inch iron pipe found on the Northerly right-of-way of the Wisconsin Southern Railroad; thence S59'34'38"W along the Northerly right-of-way of the Wisconsin Southern Railroad, a distance of 900.20 feet to a found 1inch iron pipe; thence continuing along the right-af-*ayofsaid railroad 85g~35'34''VV.adistance of1570.35feet toafound 1inch iron pipe; thence N0U^27'2S''E^adistance ofSOO.15feet 1mafound 3/4^iron pipe; thence N89~18'25''VV.adistance to1311.03feet ioa3/4inch iron pipe found unthe East right-of-wnyofCloirvi||eRood�thence continuing N89* 1 8'26"W, a distance of 33.00 feet to a point on the West line of the Southwest 1/4", thence along the West line ufthe Southwest 1/4.NOO~O0'2O''VV.adistance ofS45D2haet|thence GG8~28'50''E.adistance of33.001om point on the East right-of-way of Clairville Road", thence continuing S89'29'50"E, a distance of 222.60 feet to a point," thence NOO°UO'2O''VV.adistance o[379.49feet boafound 1inch iron pipe�thence S87°2U'08''VV.0distance of4G'89feet to a found 3/4 inch pipe on the South line of the Northwest 1/4; thence NOO'30'24"E, a distance of 417.25 feet toafound 3#inch iron pipe, thence N88°23'O4^VV.adistance of17b.54feet toa found 3/4inch iron pipe found onthe East right-of-way of Clariville Road*, thence continuing N89'23'04"W, a distance of 32.94 feet to the West line of the Northwest 1/4and the Point ofBeginning. Said parcel containing 17S233acres or7.8O7.401square feet (S.F.)ufland, more orless. PARCEL 2: ALL OF THE EAST 1-2 OF THE SOUTHEAST 1x OF SECTION 3I/ TOWNSHIP 18 2JOBTB/ RANGE 16 EAST, CITY OF O3BKO3B/ VVZN0EBAGO COUNTY, VVZ3CON3ZD7/ CONTAINING 3/524/029 3()DABE FEET OR 80,90I ACRES, MORE OR LESS. TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: February 6, 2019 RE: Approve Zone Change from Heavy Industrial (HI) to Heavy Industrial with a Planned Development Overlay (HI -PD) North of the Railroad Tracks, East/West of Clairville Road and State Highway 91 Intersection (Plan Commission Recommends Approval) BACKGROUND The subject area is currently zoned Heavy Industrial (HI) and consists of multiple parcels encompassing approximately 260 acres, located within the City's Southwest Industrial Park. The subject area consists of land designated for industrial development. The surrounding area consists of agricultural, residential and institutional uses. The 2040 Comprehensive Land Use Plan recommends Industrial use for the subject area. ANALYSIS The intent of the proposed Planned Development is to aid in the development of the Southwest Industrial Park (SWIP). Since the completion of the transload facility the City is experiencing an increased interest in rail related businesses inquiring about property located within the industrial park. In order to help facilitate that development and be considerate of the properties surrounding the SWIP, the Department of Community Development is proposing to rezone the remaining City owned property to include a Planned Development Overlay. The PD will provide some flexibility in dealing with the rail related uses and development due to rail spurs often crossing or encroaching in setback areas and coming into conflict with base zoning requirements. As part of the overall Planned Development staff has identified several Base Standard Modifications (BSM) which should assist in developing the industrial park. These BSM's would apply park wide and any future development would be allowed to take advantage of them while also permitting any development that meets base standards to proceed without having needing any additional review outside of the normal permitting process. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us FISCAL IMPACT Changing the zoning should help to better facilitate industrial rail development in the Southwest Industrial Park and generate tax increment to help offset costs associated with implementing the TID # 23 Project Plan. RECOMMENDATION The Plan Commission recommended approval of the zone change with conditions at its February 5, 2019 meeting. ubmitted, 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 PLAN COMMISSION STAFF REPORT FEBRUARY 5, 2019 ITEM: PUBLIC HEARING: ZONE CHANGE FROM HEAVY INDUSTRIAL (HI) TO HEAVY INDUSTRIAL WITH A PLANNED DEVELOPMENT OVERLAY (HI -PD) AND GENERAL DEVELOPMENT PLAN APPROVAL FOR INDUSTRIAL USE LOCATED NORTH OF THE RAILROAD TRACKS, EAST/WEST OF CLAIRVILLE ROAD AND STATE HIGHWAY 91 INTERSECTION. COMMONLY KNOWN AS THE SOUTHWEST INDUSTRIAL PARK Plan Commission meeting of February 5, 2019. GENERAL INFORMATION Applicant/Owner: City of Oshkosh - Department of Community Development Action(s) Requested: The applicant requests a zone change from the existing Heavy Industrial District (HI) to Heavy Industrial with a Planned Development Overlay (HI -PD) and approval for a General Development Plan for the Southwest Industrial Park. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning from one classification to another but relies on the Comprehensive Plan and good planning principles. Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Type: The subject area is currently zoned Heavy Industrial (HI) and consists of multiple parcels encompassing approximately 260 acres, located within the City's Southwest Industrial Park. The subject area consists of land designated for industrial development. The surrounding area consists of agricultural, residential and institutional uses. The 2040 Comprehensive Land Use Plan recommends Industrial use for the subject area. Subject Site Existing Land Use Zoning Vacant land & Transload Facility HI acent Land Use and Z & Institutional uses South Industrial uses - - --.._.._._...................................................................................................................................................._.. East Industrial uses and vacant land SR -3, I, A-2 (Cour ........__.._.__._.................................. HI, I, _.....-—............... _................. _.._. RH, HI _.........._- ...............----._....- ..................__.......-._..._........_...... _ ___ __ _...._._.............---.........__..._.....................__.._..........._............ West Vacant land A-2 (County) Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Industrial ANALYSIS Use / General Development Standards The intent of the proposed Planned Development is to aid in the development of the Southwest Industrial Park (SWIl'). Since the completion of the transload facility the City has been an increased interest in rail related businesses inquiring about property located within the industrial park. In order to help facilitate that development and be considerate of the properties surrounding the SWIP, the Department of Community Development is proposing to rezone the remaining City owned property to include a Planned Development Overlay and establish a baseline General Development Plan. Staff has identified several Base Standard Modifications (BSM) which should assist in developing the industrial park. These BSM's would apply park wide and any future development would be allowed to take advantage of them. First, staff is suggesting to reduce the front yard setback, specifically for vehicle access drives to 20' opposed to the 30' required by code. Industrial uses and specifically rail related industrial uses typically have a greater demand on maneuverability within the site and allowing a 10' reduction for access drive will allow for greater flexibility in developing site layouts. In order to offset this reduction, staff suggests any development which wishes to utilize the reduced setback provide 40 points of street frontage landscaping opposed to the 30 points typically required. In essence, this is a 33% reduction in setback for a 33% increase in required landscaping. These types of uses also typically have more rail spurs than a typical industrial development. In order to aid in the development of these types of uses, staff suggests a condition allowing rail spurs to be permitted within side and rear yard setbacks. Again, this provides greater flexibility in developing site layouts that require rail spurs. Staff is proposing a condition be added requiring all final landscaping plans shall be approved by the Department of Community Development and the Department of Community Development shall have the authority to reallocate the required landscaping points to those areas that are most impactful on adjacent developments. Staff is requesting this condition be added as the unique site layouts and types of uses that may be located within the industrial park can potentially have very different impacts on adjacent properties. This will allow staff the flexibility to work with developers to mitigate possible impacts on adjacent properties without burdening developers with additional landscaping costs / requirements. Finally, to aid in timely development of the industrial park staff is proposing a final condition be added allowing the Department of Community Development to waive the required Specific Implementation Plan (SEP) for any development which meets all the above requirements in ITEM- Rnsone GDP SWIP conjunction with all other base code requirements. If an applicant is able to meet all base code requirements and the additional requirements listed within the General Development Plan the applicant would be permitted to proceed to Site Plan Review FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Planned Development district, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-387 (C)(6): (a) The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. (b) The proposed Planned Development project is consistent with the City's Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) (c) The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. (d) Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. (e) The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. (f) The proposed Planned Development project design does not detract from areas of natural beauty surrounding the site. (g) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. (h) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. (i) The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. (j) For Planned Development projects that are proposed to be developed in phases, the applicant can provide a timeline for development and can demonstrate that the project would be successful even if all phases were not or could not be completed. Staff recommends approval of the rezone and General Development Plan with the findings listed above and the proposed following conditions: 1. Base Standard Modification to reduce the front yard setback for access drives from 30' to 20'. Any development which chooses to utilize this reduction shall increase the required Street Frontage landscaping from 30 points per 100' of frontage to 40 points per 100' of frontage. 2. Base Standard Modification to allow rail spurs within the side and year yard setbacks. 3. Final landscaping plans shall be approved by the Department of Community Development and the Department of Community Development shall have the authority to reallocate the ITEM- Rnsone. GDP SKIP 3 required landscaping points to those areas needed to mitigate possible impacts on adjacent properties or right of way. 4. The Department of Community Development shall be permitted to waive the required Specific Implementation Plan (SIP) for any development which meets all the above requirements in conjunction with all other base code requirements. The Plan Commission approved of the zone change and General Development Plan as requested with conditions noted. The following is the Plan Commissions discussion on this item. Mr. Lyons presented the item, reviewed the site and surrounding area, land use and zoning classifications in this area. The intent of the proposed Planned Development is to aid in the development of the Southwest Industrial Park (SWIP). Since the completion of the transload facility the City has been an increased interest in rail related businesses inquiring about property located within the industrial park. In order to help facilitate that development and be considerate of the properties surrounding the SWIP, the Department of Community Development is proposing to rezone the remaining City owned property to include a Planned Development Overlay and establish a baseline General Development Plan. Mr. Vajgrt stated the second condition should read "rear yard" and not "year yard". Ms. Propp questioned where the rail spurs would go off from the main line. Ms. Nieforth stated Watco which operates the railroad has a master plan for the area and there are also a lot of requirements that need to be followed when putting in rail spurs. Most of the spurs will be on the parcels closest to the tracks. There will be a lead industrial track branching off from the main line and spurs will come off of the lead industrial track. Ms. Propp questioned if Watco was working with staff on the spurs and that it makes sense for the industrial park. Ms. Nieforth stated they are working with Watco to limit road crossings and ensure safety requirements are being met. Motion by Vajgrt to approve a zone change from Heavy Industrial (HI) to Heavy Industrial with a Planned Development overlay (HI -PD) and General Development Plan approval for industrial use located north of the railroad tracks, east/west of Clairville Road and State Highway 91 intersection, commonly known as the Southwest Industrial park, with the following conditions: Base Standard Modification to reduce the front yard setback for access drives from 30' to 20'. Any development which chooses to utilize this reduction shall increase the required Street Frontage landscaping from 30 points per 100' of frontage to 40 points per 100' of frontage. Base Standard Modification to allow rail spurs within the side and rear yard setbacks. Final landscaping plans shall be approved by the Department of Community Development and the Department of Community Development shall have the authority to reallocate the required landscaping points to those areas needed to mitigate possible impacts on adjacent properties or right Of way. ITEM- Rersone. GDP SWIP 4. The Department of Community Development shall be permitted to waive the required Specific Implementation Plan (SIP) for any development which meets all the above requirements in conjunction with all other base code requirements. Seconded by Hniz. Motion carried 9-0. ITEM- Rewone GDP Sff7P GDP/REZONE SW INDUSTRIAL PARK PC: 02-05-19 MARK A/LISA L BRZOSTOWSKI 2164 MORNINGSTAR LN OSHKOSH WI 54904 STATE OF WISCONSIN PO BOX 3530 OSHKOSH WI 5490$ TOWN OF NEKI II TOWN CLERK 3790 PICKETT RD OSHKOSH WI 54904 CYPRESS HOMES. 1230 W COLLEGE AVE D APPLETON WI 54914 OSHKOSH COMMUNITY YMCA 324 WASHINGTON AVE OSHKOSH WI54901 CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54903 TOWN OF ALGOMA TOWN CLERK 15 N OAKWOOD RD OSHKOSH WI 54904 FANTASTIC SIX LLC N1844 MALONEY RD KAUKAUNA WI 54130 OSHKOSH OFFICE BUILDING LLC 2990 UNIVERSAL ST C OSHKOSH WI 54904 WITTMAN AIRPORT OSH 525 W 20TH AVE OSHKOSH WI 54902 Page 5 d:wiatmanningwian commission site Tian Map tempiatewian commission ane rian map iempiate.mxo user: mmax Page 6 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/GISdisclaimer JAGISTIanningRan Commission Site Plan Plan Map Template.mxd I in = 0,21 mi 1 in = 1,100 ft Printing Date: 12110/2018 Prepared by: City of Oshkosh, WI br Oshkosh User: minak Page 7 r 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.uslGISdisclaimer JAG&Planning\Plan Commission Site Plan Map TemplateRan N 1in=0.13 mi 1 in=700ft Printing Date: 12/10/2018 Prepared by: City of Oshkosh, WI City Cishkosh User. minak Page 8