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HomeMy WebLinkAbout27. 19-466 AUGUST 13, 2019 19-466 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM SUBURBAN MIXED-USE DISTRICT (SMU) TO DUPLEX RESIDENTIAL—6 DISTRICT (DR-6) FOR PROPERTY LOCATED AT THE SOUTH 2400 BLOCK OF OMRO ROAD INITIATED BY: CASEY ARNESON 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 described property in the South 2400 Block of Omro Road from Mixed-Use District (SMU) to Duplex Residential -6 District (DR-6). EAST 40 FEET OF WEST 235 FEET OF NORTH 213 FEET OF EAST 20 RODS OF THE NORTHEAST SOUTHWEST SECTION 16 TOWNSHIP 18 NORTH RANGE 16 EAST PLUS PUBLIC RIGHT OF WAY ADJACENT TO SAID LOT EXTENDING TO THE CENTERLINE OF OMRO ROAD, ALL IN THE 16TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. AUGUST 13, 2019 19-466 ORDINANCE FIRST READING CONT'D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #19-xxx APPROVE ZONE CHANGE FROM SUBURBAN MIXED- USE DISTRICT (SMU) TO DUPLEX RESIDENTIAL — 6 DISTRICT (DR-6) FOR PROPERTY LOCATED AT THE SOUTH 2400 BLOCK OF OMRO ROAD on August 27, 2019. This ordinance changes the zoning in the South 2400 Block of Omro Road from Mixed-Use District (SMU) to Duplex Residential -6 District (DR-6). 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. i r -,.- ..` t? 0 � Elie-- Wi 1 j t f I E j { S I -------IL i Oshkosh City Limit 19&42' ss.v 65 .o 6.6 46, 107.50, 9a. 14 2469 2429 2421 2417 9 2401 2387 2373 2361 2389 _ of bo 4 ' x Q 40.50 67 W' WA01 E-0 1 e4A5 © 40.5 157.65 128.47' LOU v f -86.0 666..,,� LOU 0 0 � __ 3000 - - � 196.71' Raj Get-C''3 i+1'G' 188.84' I 196.93' 796.98' 21 1 in=0.02 mi 1 in=120ftPA% City of Oshkosh maps and data are intended to be used for general Identification purposes only,and CiY the City of Oshkosh assumes no liability for the accuracy of the information. Those using theI information are responsible for verifying accuracy, For full disclaimer please go to Printing Date:6/26/2019 Oshkoshwww.ci.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI Pag�:m yak J:iGfS'FlanninglPlan Comr:.issien Site Plan:Map Template'Plan vcrnmission Site Plan Map Template.mW Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Services Manager DATE: August 8, 2019 RE: Approve Zone Change from Suburban Mixed-Use District (SMU) to Duplex Residential—6 District (DR-6) for Property Located at the South 2400 Block of Omro Road (Plan Commission Recommends Approval) BACKGROUND The subject area included in the zone change request consists of a 7,200 square foot parcel improved with only a driveway servicing a house at 2417 Omro Road. The surrounding area consists predominately of single-family uses to the north and west and light commercial uses to the east and south. The Comprehensive Land Use Plan 2040 has the subject parcel designated for interstate commercial use. The zone change request originated when the owner received notice of upcoming sewer and water construction from the Department of Public Works. In 2018, several parcels along Omro Road attached to the City from the Town of Algoma as part of the Zone B Attachment (annexation) required by the intergovernmental agreement between the city and town. The city is now in the process of providing sewer and water service to these properties. The Department of Public Works is required to install sewer and water laterals to every property, developed or not. Knowing this vacant lot would not develop independently, the owner requested to combine the vacant parcel with the parcel containing to house to the west. This would negate the need for the lateral installation to the vacant parcel. ANALYSIS During staff review to combine the parcels, it was discovered the properties have different zoning designations; the home has a Duplex Residential-6 (DR-6) zoning designation, while the vacant parcel has a Suburban Mixed-Use (SMU) zoning designation. The city prohibits the creation of multi-zoned parcels so one of the properties needs to be rezoned to match the other to approve the parcel combination. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us The current zonings carried over from when the city readopted its zoning ordinance in 2017 when they were zoned Two Family Residential Extraterritorial Zoning District (R-2ETZ) and General Commercial Extraterritorial Zoning District(C-2ETZ). In 2003,when the City and Town of Algoma entered into a boundary agreement which allowed the City to assign zonings to properties in designated expansion areas. The City was unaware the two properties were "linked" together by ownership/use when assigning the extraterritorial zoning designations. The petitioner is requesting a zone change from the existing Suburban Mixed-Use(SMU)District to Duplex Residential-6(DR-6)to match the zoning of the house property. The request is a better fit to the current land use versus rezoning the house to a commercial-type district. Assigning a commercial zoning to the house could also cause difficulties finding lenders willing to provide financing to potential buyers for a nonconforming use. The Comprehensive Land Use Plan 2040 designated this area along Omro Road for interstate commercial. Although the proposed zone change is inconsistent with the land use recommendation, staff is of the opinion this area will remain residential for the near future. At some point staff does envision the residential parcels along Omro Road being assembled and redeveloped with a use consistent with the Comprehensive Plan. RECOMMENDATION The Plan Commission recommended approval of the zone change at its August 6, 2019 meeting. Respectfully Submitted, Approved: 9°4 Mark Lyon John Fitzpatnc Planning Services Manager Assistant City Manager/ Director of Administrative Services City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us ITEM: PUBLIC HEARING: ZONE CHANGE FROM SUBURBAN MIXED-USE (SMU)DISTRICT TO DUPLEX RESIDENTIAL—6 (DR-6) DISTRICT FOR PROPERTY LOCATED AT THE SOUTH 2400 BLOCK OF OMRO ROAD Plan Commission meeting of August 6,2019 GENERAL INFORMATION Applicant\Property Owner: Casey L. Arneson Actions Requested: The applicant requests a zone change from the existing Suburban Mixed-Use (SMU) District to Duplex Residential-6 (DR-6) District for property located east of and adjacent to 2417 Omro Road. 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. Background Information,Property Location and Type: The subject area included in the zone change request consists of a 40-foot by 180-foot, 7,200 square foot parcel improved with only a driveway servicing a house at 2417 Omro Road. The surrounding area consists predominately of single-family uses to the north and west and light commercial uses to the east and south. The Comprehensive Land Use Plan 2040 has the subject parcel designated for interstate commercial use. Subject Site Existing Land Use Zoning Vacant/Residential Driveway Access Suburban Mixed-Use(SMU) Adjacent Land Use and Zoning Existing Uses Zoning Community Business District(B- North - Single Family Residential ..._.....__......................_._....................__..................................__2) (Winnebago Count')............................_. ..................--- South Commercial Suburban Mixed-Use (SMU) _... -- ---.._._._........................_..-----............................._..........._..............----......_.........................._....._.............__................................_......_.........................................._.__....._.....__.........._......................._................._._.. East _..... Single Family Residential...__.._......._........................_._..._...._.......---..............................._._. Suburban Mixed-Use.(SMU)..._......................... West Sin le Famil Residential-owned by applicant Duplex Residential—6 (DR-6) Comprehensive Plan Land Use Recommendation Land Use Land Use 2040 Recommendation Interstate Commercial i i i ANALYSIS I The zone change request originated when the owner received notice of upcoming sewer and water construction from the Department of Public Works. In 2018, several parcels along Omro i Road attached to the City from the Town of Algoma as part of the Zone B Attachment (annexation)required by the intergovernmental agreement between the city and town. The city is now in the process of providing sewer and water service to these properties. The Department of Public Works is required to install sewer and water laterals to every property, developed or not. Knowing this vacant lot would not develop independently, the owner requested to combine the vacant parcel with the parcel containing to house to the west. This would negate the need for the lateral installation to the vacant parcel. During staff review to combine the parcels, it was discovered the properties have different zoning designations;the home has a Duplex Residential-6 (DR-6) zoning designation,while the vacant parcel has a Suburban Mixed-Use (SMU) zoning designation. The city prohibits the creation of multi-zoned parcels so one of the properties needs to be rezoned to match the other to approve the parcel combination. The current zonings carried over from when the city readopted its zoning ordinance in 2017 when they were zoned Two Family Residential Extraterritorial Zoning District(R-2ETZ) and General Commercial Extraterritorial Zoning District(C-2ETZ). In 2003,when the City and Town of Algoma entered into a boundary agreement which allowed the City to assign zonings to properties in designated expansion areas. The City was unaware the two properties were "linked" together by ownership/use when assigning the extraterritorial zoning designations. The petitioner is requesting a zone change from the existing Suburban Mixed-Use (SMU) District to Duplex Residential-6 (DR-6) to match the zoning of the house property. Staff is supportive of this request as it is a better fit to the current land use versus rezoning the house to a commercial-type district. Assigning a commercial zoning to the house could also cause difficulties finding lenders willing to provide financing to potential buyers for a nonconforming use. The Comprehensive Land Use Plan 2040 designated this area along Omro Road for interstate commercial. Although the proposed zone change is inconsistent with the land use recommendation,staff is of the opinion this area will remain residential for the near future. At some point staff does envision the residential parcels along Omro Road being assembled and redeveloped with a use consistent with the Comprehensive Plan. RECOMMENDATION/CONDITIONS Staff recommends approval of the zone change from Suburban Mixed-Use (SMU) District to Duplex Residential-6 (DR-6) District as requested. Item-Zone Change—2400 Block Omro Road I i f s The Plan Commission approved of the zone change as requested. The following is the Plan I Commission's discussion on this item. Site Inspections: Report: No commissioners reported visiting the site. sE E Staff report accepted as part of the record. i The applicant requests a zone change from the existing Suburban Mixed-Use (SMU) District to Duplex Residential-6 (DR-6)District for property located east of and adjacent to 2417 Ornro Road. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. In 2018, several parcels along Omro Road attached to the City from the Town of Algoma as part of the Zone B Attachment(annexation) required by the intergovernmental agreement between the city and town. The city is now in the process of E providing sewer and water service to these properties. The Department of Public Works is required to install sewer and water laterals to every property, developed or not. Knowing this vacant lot would not develop independently, the owner requested to combine the vacant parcel with the parcel containing to house to the west. This would negate the need for the lateral installation to the vacant parcel. The properties have different zoning designations. The city prohibits the creation of multi-zoned parcels so one of the properties needs to be rezoned to match the other to approve the parcel combination. Mr. Nau stated staff recommends approval of the zone change as requested. Mr. Fojtik opened up technical questions to staff. Ms. Palmeri commented it seems like this is just a clean-up request. Mr. Nau replied it was an oversight from 2003. Mr. Lyons added the applicant also would not have to pay for sewer and water connections to two separate parcels. Mr. Fojtik opened up the public hearing and asked if the applicant wanted to make any statements. There were no statements from the applicant There were no public comments on this item. Mr. Fojtik closed the public hearing and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant Motion by Palmeri to adopt the findings and recommendation as stated in the staff report. Item-Zone Change—2400 Block Omro Road i Seconded by Hinz. Mr. Fojtik asked if there was any discussion about the motion. There was no discussion on the motion. I Motion carried 9-0. i Item-Zone Change—2400 Block Omro Road REZONE BEVERLY A SEARVOGEL CASEY L ARNESON 2400 BLK OF OMRO RD 2410 OMRO RD 3124 HONEY CREEK CT PC:08-06-19 OSHKOSH WI 54904 OSHKOSH WI 54904 DALE J/JOANNE L KRESSIN JACOB/COURTNEY HINTZE JASON J BEULEN, 2409 OMRO RD 2398 OMRO RD 2436 OMRO RD OSHKOSH WI 54904 OSHKOSH WI 54904 OSHKOSH WI 54904 MIKE&SON INVESTMENTS LLC ROBERT M/KIM A FORBES WESTOWNE NORTH PROPERTIES LLC 2401 OMRO RD 520 MOUNT VERNON ST 631 S HICKORY ST OSHKOSH WI 54904 OSHKOSH WI 54901 FOND DU LAC WI 54935 TOWN OF ALGOMA 15 0AKWOOD RD OSHKOSH WI 54904 Page 3 .............. .......—--------- C:NU LA .... ...... TF ............ ZI - R N� ��—,. EWSTWA ..........— ..................... Oshk sh- fly it DR-6 21 SMU .UR z SMU-PD\ ................................ ................................ R-12.k,\ SMU LINWAI ..................................... 7 E ':12 ........... ..........--- Uvw MR R SR-5.. ............ M6 SMU-PD ...............-.... ..... MR-112. D MR-20 .. ................... ............. s ..................... M :12 m N., N 7 1 in 0.09 ri 721111, 1 in 500 ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and C it Y fIRW the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date:6/26/2019 information are responsible for verifying accuracy, For full disclaimer please go to www,ci,oslikosh,wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI Oshkosh J:AIGISTlanning,Plan Commission.Site Plan Map TernDlate'flan CArnmissiw-I Site Plan Mep Template,mcl I i _ mq �a- i i i i t T 'pp J (f —v?t r o- • r. tk� r w F. r �c>a v Xr� N 0.02 mi 1 in= tin=100ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and city the City of Oshkosh assumes no liability for the accuracy of the information. Those using the c� information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:6126/2019 C S�1kOSh wm.a.oshkosh,wi.us/GlSdisclaimer Prepared by:City of Oshkosh,W) J:1GIS,FIanninglPlan Commission Site Plar:.Map TemplateiPlan Cornmissiw Site Plan flop Ternplate.mxd P agar:m6ak