HomeMy WebLinkAbout27. 19-494 AUGUST 13, 2019 AUGUST 27, 2019 19-466 19-494 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )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 AUGUST 27, 2019 19-466 19-494 ORDINANCE
FIRST READING SECOND READING CONT'D
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #19-494 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.
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the City of Oshkosh an-sines no liability for the accuracy of the information. Those using the Printing Date:6126/2019
information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh
www.a.oshkosh.wi.us/GtSdisclaimer Prepared by:City of Oshkosh,WI
J:+GISPlanningiPtan Commission Site Plan Map Template?tan Commission Site Plan Map Ternpiate.mnd Pager.rrA ak
City
of
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:
901,
Mark Lyon John Fitzpatric
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 County)
South Commercial Suburban Mixed-Use(SMU)
East Single Family Residential Suburban Mixed-Use(SMU)
West Single Family Residential- owned by applicant Duplex Residential-6(DR-6)
Comprehensive PIan Land Use Recommendation Land Use
Land Use 2040 Recommendation Interstate Commercial
ANALYSIS
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.
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
The Plan Commission approved of the zone change as requested. The following is the Plan
Commission's discussion on this item.
Site Inspections:Report: No commissioners reported visiting the site.
Staff report accepted as part of the record.
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.
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
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 adapt the findings and recommendation as stated in the staff report.
Item-Zone Change—2400 Block Omro Road
Seconded by Hinz.
Mr. Fojtik asked if there was any discussion about the motion.
There was no discussion on the motion.
Motion carried 9-0.
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 OAKWOOD RD
OSHKOSH WI 54904
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information are responsible for verifying accuracy. For full disdaimer please go to Oshkosh
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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 Punting Date:6i26r2019 Oshkosh
www.d.oshkosh.wi.us/GlSdisdaimer Prepared by:City of Oshkosh,WI
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