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Home My WebLink About20. 20-184 APRIL 14, 2020 APRIL 28, 2020 20-152 20-184 ORDINANCE FIRST READING SECOND READING (CARRIED 6-1P LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND VARIOUS SECTIONS OF CHAPTER 30 ZONING ORDINANCE INITIATED BY: COMMUNITY DEVELOPMENT PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE TO IMPROVE IMPLEMENTATION OF THE ORDINANCE WHICH BECAME EFFECTIVE JANUARY 1, 2017, INCLUDING, BUT NOT LIMITED TO: SETBACKS IN THE URBAN INDUSTRIAL DISTRICT, SHORELAND OVERLAY DISTRICT, PARKING REQUIREMENTS AND CORPORATE BUSINESS PARK LANDSCAPING AND LIGHTING The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-61(G) regarding minimum setback in Urban Industrial District (UI) is hereby amended by reducing the minimum front setback from 25 feet to 10 feet. SECTION 2. That Section 30-133(C)(1) regarding Blanket Conforming Status is hereby amended by replacing "extend" and "extension' with "altered" and "alteration'. SECTION 3. That Section 30-160.5(A)(2) regarding Shoreland setbacks from the Ordinary High Water Mark is hereby amended by deleting "greater or". SECTION 4. That Section 30-160.5(A)(2)(b)(ii) regarding Shoreland setbacks from the Ordinary High Water Mark is hereby deleted and reference to "no greater than 75' required" in the diagram in Section 30-160.5 is hereby deleted. APRIL 14, 2020 APRIL 28, 2020 20-152 20-184 ORDINANCE FIRST READING SECOND READING CONT'D SECTION 5. That Section 30-164 Parking Requirement Exemption Overlay District (PRE-0) is hereby created to read as follows and see attached Exhibit A for newly created Figure 30-164a, Figure 30-164b and Figure 30-164c: Section 30-164: (PRE-0) Parking Requirement Exemption Overlay District (A) Purpose. The purpose of this overlay district is to accommodate smaller sites within the City of Oshkosh's Central City areas that would otherwise be unable to provide required off-street parking hampering new development or reuse of existing structures. (B) Within the Parking Requirement Exemption Overlay District (PRE-O), the parking requirements of this Chapter are hereby waived for nonresidential uses. However, when off-street parking facilities are provided, such facilities shall meet the requirements of this Chapter, expect in respect to the number of required spaces. (C) Mixed-use/upper floor residential uses need only provide evidence of the availability of off-street public or private parking in the amount of 1 parking space per dwelling unit within 1,000 feet of the unit. (D) See Figures 30-164a through 30-164c for locations of the Parking Requirement Exemption Overlay District. SECTION 6. That Section 30-173(B) regarding applicability of bicycle and pedestrian access standards is hereby amended by adding "Storage land uses are exempt from the requirements of this Section." SECTION 7. That Section 30-174(B) regarding applicability of visibility standards is hereby amended by adding "and new and existing vegetation." after redevelopment. SECTION 8. That Section 30-175(F) regarding parking requirement exemptions is hereby amended by adding "and Parking Requirement Exemption Overlay District." after District. SECTION 9. That Section 30-175 (F)(1)regarding parking requirement exemptions is hereby amended by adding "and Parking Requirement Exemption Overlay District." after district. APRIL 14, 2020 APRIL 28, 2020 20-152 20-184 ORDINANCE FIRST READING SECOND READING CONT'D SECTION 10. That Section 30-190(E)(4)(d)(iii) regarding exterior lighting standards is hereby amended by adding "CBP" after the. SECTION 11. That Section 30-190(E)(4)(d)(iv) regarding exterior lighting standards is hereby created to read as follows: (iv) Light fixture mounting height may be increased by up to 3 feet over the maximum fixture mounting height to accommodate a light pole base, provided the overall height does not exceed 25 feet. SECTION 12. Section 30-242 (A)(2) regarding prohibiting standing seam metal roofs in multi-family exterior design standards is hereby deleted. SECTION 13. That Figure 30-253d regarding Landscaping requirements for regular development is hereby amended by adding a row for Corporate Business Park (CBP) after Riverfront Mixed Use (RMU) and the following points for each Landscaping Component in CBP: Building Foundation: 40, Paved Areas: 50, Street Frontages: 100, Yards: 20. SECTION 14. That Figure 30-253e regarding required bufferyard opacity values is hereby amended by adding a row and column for Corporate Business Park (CBP) after Central Mixed Use per the attached Exhibit A. SECTION 15. That Section 30-164 to 30-169 Reserved is hereby amend by changing 30-164 to 30-165. SECTION 16. This Ordinance shall be in full force and effect from and after its passage and publication. APRIL 14, 2020 APRIL 28, 2020 20-152 20-184 ORDINANCE FIRST READING SECOND READING CONT'D SECTION 17. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #20-184 AMEND VARIOUS SECTIONS OF CHAPTER 30 ZONING ORDINANCE on April 28, 2020. The Ordinance updates provisions to improve implementation of the Zoning Ordinance, including, but not limited to: setbacks in the Urban Industrial District, Shoreland Overlay District, parking requirements and Corporate Business Park landscaping and lighting. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. 1 1 1 1 l 1 _ram i Ill Ilh Y n � I .:., �il 1�11 F �� tilt _+ _1 I ,lil roil lilil lit I'rll 11 111111WINrll■Mlle Ifl ■ : ■li 11 Iul� hli =11 LLLu■ ■1��1■ uiII�1 n llllll.= ___ _ rl - __ M ! r li ' _ 1n�� 1#�I'�II Illll�rl? 1� -11 ICI IIIII Eli _ 1�111 ►'I1 111■_ II__ ==_ --� Illi 111111111 0l"� ■ �_� " 11■11 f�iUlrl =-.111: Bul l .II III. Illlulir: 'r 111: aIr �� : :EN :1�. ■IIJ C- mill = _� .IIIONE -- -- -- _ - _ I■ I IJ- Illrf IIJI 111 It., i t .�4 _ II lull � � ,tea r —I I':z•:��11 IIIII � — I'�•tll� � � „ `� -� _ - - 11■fir - SM HowIw111 _ul �■ ,8.1111 _ !- III illi ill 1 illlll - Milli CII1 �� 111 — �_ 'II IllI � �� IIIII on -- = -II I 1c,.1-1 112 ONE — at ME 2 �a — — i1�,mv1 Fill 1 i — i � i i � 1• mail ■I ulna _= IIIII lllll�■�I■ ' i � �° � #� d` II■II��IIIIIIIIII�, IIIII .,� �'�: I�ml ILIL111L111 11■11� � �11•` � LI■1 .* a,T .,j! :° 1 1■ 1111111111�1H11 1L1 ■ 1 ■■ 1 I1 "I'll" a "I:111 11111 �11■ LI , 111111/1/ mull ��I■ol `■■ ri ■ M Q.. f Hill mill 1111111 111111111111 111�11 � �� r� � 111®11 111111111111 MIN 111®111 111111111111 111 ■ •� 1..111 111111�111 .11 '�,� 1WIl111 111110111� 1 1111 IIIIIII■II !J 1111 I ��111��11■ ■ ■ 1111 1Will 1111 IIIII111� 1'.--. i�llllll 11111L 1111111111: 111 '.` 1111111 mill 1_ IIII■■ IIIIIIIIIIII IIII 11111111111111 IIIII! 1111111111� III�I � IIIII: il1 U 1111111�1111111111_ IIIII 1111i� �IIli11 IIIAI: :IIIIIIIIIII� . ��111�! ��III III 'L F HIM IIIIIIIIIIII I pulf, u1111� IIIIIIIIII 11 MEN1111111 IIIIIII 111111I111 IIIIII I =1111101 I RIN II�111 IIIIIIIIIIII II � =1 11 II■III 111111111III 1111111II�: _.I ■� 11� mallINE ME M111 I�� n MINA mil Figure 30-164c: Parking Requirement Exemption Overlay District Area 3 AV IT i 3 W5THAV r' s + IW 6iH A%f l F 1 WMA W WIT AV L7 5� W I OTH AV J-1 I YY 19TH IkY" - W1 Figure 30-253e-Required Bufferyard Opacity Values Apply the required opacityvalue ' District f nrn this Figure to Figure 3I1-253f and select the mrast appropriate buffervard option_Note that certain CL .ya+. Land uses conditional uses,and = cc x - r m m � V an tre in [] H 2 z v� � V V cc planned development projects ma;° have more stringent bufferyard requirements. Rural Holding(RH-35) * 1 I 1 1 I I I I I I 1 I I I y SingleFamiIVR,esidential-2 (SR-2) * 0 Single FamiIV Residential- Single FarniIVResidential-5 {511-5) * 0 0 0 , Single Farni ly Residential 0 I 0 0 0 1 Duplex Residential(011-6) * 1 1 1 i {1 I_I_I Two Flat Residential{TR-10� * -1 ' -1 -1 + -1 .1 y 0 1 MUM-FaMly Residential-12(MR-12M * -2 -2 -2 -2 .1 .1 0 I I I I I Muftl-FaMkly Residential-20(MR-20M _3 _3 ' _3 ' _3 .2 _2 _1 0 * I I 1 I I I 1 MuRI-Fam11y Residential-3fi I MR-361 -3 3 -3 -3 .2 1 -2 -1 -1 0 Mobile Dome Residential(MH-4) ` -3 -3 -3 -3 .2 -2 1 1 .1 0 ' Institutional * I -2 -2 -2 II .2 .1 .1 .1 .1 .1 .1 0 e Nelghbar11100d Mixed Use(NMIU) * 2 2 2 2 2 1 1 1 1 1 0 Suburban Mixed Use(SMU) * -4 -4 .4 A .4 .4 .3 .3 .3 .2 ' 3 2 0 Urban Mixed Use(UMU) * -4 A -4 A A -4 3 -3 .3 .2 -3 -1 -1 0 Central Mixed Use(CMU) Corporate Business Park(CBPM i * I .41 .4 1 A I A I .41 .4 1 .3 1 .3 .3 i .2 1 .4 .I I .1 I .1 i .1 0 1 Business Park(BP) * -4 .4 -4 A .4 -4 -3 -3 .3 .2 A -2 -1 .1 .1 A 0 Urban Industrial(Ul) * -5 w -5 . -5 + -5 .5 5 .4 . .4 .4 .4 . -5 3 .2 .2 .2 . .2 . -2 0 1 Heavy Industrial(HI) * -6 -6 -6 -6 .5 .5 .4 .4 .4 .4 -5 -4 A .4 .4 .4 -3 -2 0 Riverfront Mixed Use(RMU) * A -4 -4 A A .4 3 .3 .3 .2 -4 -2 -2 .2 .2 .2 -2 2 .2 0 I *For properties zoned RH-35,base bufferyard requirements on the proposed zoning district for said property as depicted on the Future Land Use Map in the City of Clshkosh Comprehensive Man. APRIL 14, 2020 APRIL 28, 2020 20-152 20-184 ORDINANCE FIRST READING SECOND READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND VARIOUS SECTIONS OF CHAPTER 30 ZONING ORDINANCE INITIATED BY: COMMUNITY DEVELOPMENT PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE TO IMPROVE IMPLEMENTATION OF THE ORDINANCE WHICH BECAME EFFECTIVE JANUARY 1, 2017, INCLUDING, BUT NOT LIMITED TO: SETBACKS IN THE URBAN INDUSTRIAL DISTRICT, SHORELAND OVERLAY DISTRICT, PARKING REQUIREMENTS AND CORPORATE BUSINESS PARK LANDSCAPING AND LIGHTING The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-61(G) regarding minimum setback in Urban Industrial District (UI) is hereby amended by reducing the minimum front setback from 25 feet to 10 feet. SECTION 2. That Section 30-133(C)(1) regarding Blanket Conforming Status is hereby amended by replacing "extend" and "extension' with "altered" and "alteration'. SECTION 3. That Section 30-160.5(A)(2) regarding Shoreland setbacks from the Ordinary High Water Mark is hereby amended by deleting "greater or". SECTION 4. That Section 30-160.5(A)(2)(b)(ii) regarding Shoreland setbacks from the Ordinary High Water Mark is hereby deleted and reference to "no greater than 75' required" in the diagram in Section 30-160.5 is hereby deleted. APRIL 14, 2020 APRIL 28, 2020 20-152 20-184 ORDINANCE FIRST READING SECOND READING CONT'D SECTION 5. That Section 30-164 Parking Requirement Exemption Overlay District (PRE-0) is hereby created to read as follows and see attached Exhibit A for newly created Figure 30-164a, Figure 30-164b and Figure 30-164c: Section 30-164: (PRE-0) Parking Requirement Exemption Overlay District (A) Purpose. The purpose of this overlay district is to accommodate smaller sites within the City of Oshkosh's Central City areas that would otherwise be unable to provide required off-street parking hampering new development or reuse of existing structures. (B) Within the Parking Requirement Exemption Overlay District (PRE-O), the parking requirements of this Chapter are hereby waived for nonresidential uses. However, when off-street parking facilities are provided, such facilities shall meet the requirements of this Chapter, expect in respect to the number of required spaces. (C) Mixed-use/upper floor residential uses need only provide evidence of the availability of off-street public or private parking in the amount of 1 parking space per dwelling unit within 1,000 feet of the unit. (D) See Figures 30-164a through 30-164c for locations of the Parking Requirement Exemption Overlay District. SECTION 6. That Section 30-173(B) regarding applicability of bicycle and pedestrian access standards is hereby amended by adding "Storage land uses are exempt from the requirements of this Section." SECTION 7. That Section 30-174(B) regarding applicability of visibility standards is hereby amended by adding "and new and existing vegetation." after redevelopment. SECTION 8. That Section 30-175(F) regarding parking requirement exemptions is hereby amended by adding "and Parking Requirement Exemption Overlay District." after District. SECTION 9. That Section 30-175 (F)(1)regarding parking requirement exemptions is hereby amended by adding "and Parking Requirement Exemption Overlay District." after district. APRIL 14, 2020 APRIL 28, 2020 20-152 20-184 ORDINANCE FIRST READING SECOND READING CONT'D SECTION 10. That Section 30-190(E)(4)(d)(iii) regarding exterior lighting standards is hereby amended by adding "CBP" after the. SECTION 11. That Section 30-190(E)(4)(d)(iv) regarding exterior lighting standards is hereby created to read as follows: (iv) Light fixture mounting height may be increased by up to 3 feet over the maximum fixture mounting height to accommodate a light pole base, provided the overall height does not exceed 25 feet. SECTION 12. Section 30-242 (A)(2) regarding prohibiting standing seam metal roofs in multi-family exterior design standards is hereby deleted. SECTION 13. That Figure 30-253d regarding Landscaping requirements for regular development is hereby amended by adding a row for Corporate Business Park (CBP) after Riverfront Mixed Use (RMU) and the following points for each Landscaping Component in CBP: Building Foundation: 40, Paved Areas: 50, Street Frontages: 100, Yards: 20. SECTION 14. That Figure 30-253e regarding required bufferyard opacity values is hereby amended by adding a row and column for Corporate Business Park (CBP) after Central Mixed Use per the attached Exhibit A. SECTION 15. That Section 30-164 to 30-169 Reserved is hereby amend by changing 30-164 to 30-165. SECTION 16. This Ordinance shall be in full force and effect from and after its passage and publication. APRIL 14, 2020 APRIL 28, 2020 20-152 20-184 ORDINANCE FIRST READING SECOND READING CONT'D SECTION 17. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #20-184 AMEND VARIOUS SECTIONS OF CHAPTER 30 ZONING ORDINANCE on April 28, 2020. The Ordinance updates provisions to improve implementation of the Zoning Ordinance, including, but not limited to: setbacks in the Urban Industrial District, Shoreland Overlay District, parking requirements and Corporate Business Park landscaping and lighting. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. 1 1 1 1 l 1 _ram i Ill Ilh Y n � I .:., �il 1�11 F �� tilt _+ _1 I ,lil roil lilil lit I'rll 11 111111WINrll■Mlle Ifl ■ : ■li 11 Iul� hli =11 LLLu■ ■1��1■ uiII�1 n llllll.= ___ _ rl - __ M ! r li ' _ 1n�� 1#�I'�II Illll�rl? 1� -11 ICI IIIII Eli _ 1�111 ►'I1 111■_ II__ ==_ --� Illi 111111111 0l"� ■ �_� " 11■11 f�iUlrl =-.111: Bul l .II III. Illlulir: 'r 111: aIr �� : :EN :1�. ■IIJ C- mill = _� .IIIONE -- -- -- _ - _ I■ I IJ- Illrf IIJI 111 It., i t .�4 _ II lull � � ,tea r —I I':z•:��11 IIIII � — I'�•tll� � � „ `� -� _ - - 11■fir - SM HowIw111 _ul �■ ,8.1111 _ !- III illi ill 1 illlll - Milli CII1 �� 111 — �_ 'II IllI � �� IIIII on -- = -II I 1c,.1-1 112 ONE — at ME 2 �a — — i1�,mv1 Fill 1 i — i � i i � 1• mail ■I ulna _= IIIII lllll�■�I■ ' i � �° � #� d` II■II��IIIIIIIIII�, IIIII .,� �'�: I�ml ILIL111L111 11■11� � �11•` � LI■1 .* a,T .,j! :° 1 1■ 1111111111�1H11 1L1 ■ 1 ■■ 1 I1 "I'll" a "I:111 11111 �11■ LI , 111111/1/ mull ��I■ol `■■ ri ■ M Q.. f Hill mill 1111111 111111111111 111�11 � �� r� � 111®11 111111111111 MIN 111®111 111111111111 111 ■ •� 1..111 111111�111 .11 '�,� 1WIl111 111110111� 1 1111 IIIIIII■II !J 1111 I ��111��11■ ■ ■ 1111 1Will 1111 IIIII111� 1'.--. i�llllll 11111L 1111111111: 111 '.` 1111111 mill 1_ IIII■■ IIIIIIIIIIII IIII 11111111111111 IIIII! 1111111111� III�I � IIIII: il1 U 1111111�1111111111_ IIIII 1111i� �IIli11 IIIAI: :IIIIIIIIIII� . ��111�! ��III III 'L F HIM IIIIIIIIIIII I pulf, u1111� IIIIIIIIII 11 MEN1111111 IIIIIII 111111I111 IIIIII I =1111101 I RIN II�111 IIIIIIIIIIII II � =1 11 II■III 111111111III 1111111II�: _.I ■� 11� mallINE ME M111 I�� n MINA mil Figure 30-164c: Parking Requirement Exemption Overlay District Area 3 AV IT i 3 W5THAV r' s + IW 6iH A%f l F 1 WMA W WIT AV L7 5� W I OTH AV J-1 I YY 19TH IkY" - W1 Figure 30-253e-Required Bufferyard Opacity Values Apply the required opacityvalue ' District f nrn this Figure to Figure 3I1-253f and select the mrast appropriate buffervard option_Note that certain CL .ya+. Land uses conditional uses,and = cc x - r m m � V an tre in [] H 2 z v� � V V cc planned development projects ma;° have more stringent bufferyard requirements. Rural Holding(RH-35) * 1 I 1 1 I I I I I I 1 I I I y SingleFamiIVR,esidential-2 (SR-2) * 0 Single FamiIV Residential- Single FarniIVResidential-5 {511-5) * 0 0 0 , Single Farni ly Residential 0 I 0 0 0 1 Duplex Residential(011-6) * 1 1 1 i {1 I_I_I Two Flat Residential{TR-10� * -1 ' -1 -1 + -1 .1 y 0 1 MUM-FaMly Residential-12(MR-12M * -2 -2 -2 -2 .1 .1 0 I I I I I Muftl-FaMkly Residential-20(MR-20M _3 _3 ' _3 ' _3 .2 _2 _1 0 * I I 1 I I I 1 MuRI-Fam11y Residential-3fi I MR-361 -3 3 -3 -3 .2 1 -2 -1 -1 0 Mobile Dome Residential(MH-4) ` -3 -3 -3 -3 .2 -2 1 1 .1 0 ' Institutional * I -2 -2 -2 II .2 .1 .1 .1 .1 .1 .1 0 e Nelghbar11100d Mixed Use(NMIU) * 2 2 2 2 2 1 1 1 1 1 0 Suburban Mixed Use(SMU) * -4 -4 .4 A .4 .4 .3 .3 .3 .2 ' 3 2 0 Urban Mixed Use(UMU) * -4 A -4 A A -4 3 -3 .3 .2 -3 -1 -1 0 Central Mixed Use(CMU) Corporate Business Park(CBPM i * I .41 .4 1 A I A I .41 .4 1 .3 1 .3 .3 i .2 1 .4 .I I .1 I .1 i .1 0 1 Business Park(BP) * -4 .4 -4 A .4 -4 -3 -3 .3 .2 A -2 -1 .1 .1 A 0 Urban Industrial(Ul) * -5 w -5 . -5 + -5 .5 5 .4 . .4 .4 .4 . -5 3 .2 .2 .2 . .2 . -2 0 1 Heavy Industrial(HI) * -6 -6 -6 -6 .5 .5 .4 .4 .4 .4 -5 -4 A .4 .4 .4 -3 -2 0 Riverfront Mixed Use(RMU) * A -4 -4 A A .4 3 .3 .3 .2 -4 -2 -2 .2 .2 .2 -2 2 .2 0 I *For properties zoned RH-35,base bufferyard requirements on the proposed zoning district for said property as depicted on the Future Land Use Map in the City of Clshkosh Comprehensive Man. r � `k �irOf Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Services Manager DATE: April 7, 2020 RE: Amend Various Sections of Chapter 30 Zoning Ordinance (Plan Commission Recommends Approval) BACKGROUND The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017. Since the adoption of the ordinance, staff has noticed a number of code sections that should be modified following further examination and discussion with the public and developers. ANALYSIS Staff is proposing to move these amendments forward at this time as we have multiple business that are directly impacted by the changes and have projects/improvements that cannot begin until the code changes have been adopted. Staff proposes amendments to the various Zoning Ordinance code sections outlined in the attached Plan Commission's Staff report. After numerous discussions with property owners, developers and Plan Commission, staff believes that the proposed amendments to the Zoning Ordinance will address issues that have been identified and ultimately strengthen with the Code. Most of the changes deal with uses in existing districts or provide for additional development options or provide further clarity on existing language. Other changes allow for greater flexibility in development such as the revised parking requirements within the new Parking Requirement Exemption Overlay District within the central part of the City. RECOMMENDATION The Plan Commission recommended approval of zoning text amendments at its March 17, 2020 meeting. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: r Mark Lyort Mark A. Rohloff Planning Services Manager City Manager 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:TEXT AMENDMENTS TO THE ZONING ORDINANCE Plan Commission meeting of March 17, 2020. GENERAL INFORMATION Applicant: Department of Community Development Actions Requested: The City of Oshkosh Department of Community Development requests review and approval of amendments to the Oshkosh Zoning Ordinance. Applicable Ordinance Provisions: Section 30-380 of the Zoning Ordinance establishes the ability of the Common Council, on its own motion or on petition after first submitting the proposal to the City Plan Commission, to amend, supplement or change Zoning District boundaries or regulations of the Zoning Ordinance. BACKGROUND INFORMATION The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017. Since the adoption of the ordinance, staff has noticed a number of code sections that should be modified following further examination and discussion with the public and developers. ANALYSIS Staff proposes amendments to the following Zoning Ordinance code sections: Section 30-61 (G) minimum front setback in Urban Industrial District(UI) Reduce minimum front setback from 25 feet to 10 feet. This change is intended to provide a more appropriate front setback for lots within UI districts as the current 25 foot setback is often incompatible with established urban areas of the City. Section 30-133 (C)regarding nonconforming structures Replace "extended" and "extension" with "altered" and "alteration" under Blanket Conforming Status. This revision is intended to provide consistency with 30-133(F), which defines "alterations". Section 30-160.5 (A) regarding Shoreland setbacks from the Ordinary High Water Mark Amend Section(A)(2) so that setback greater than 50 feet cannot be required. This amendment is intended to provide consistency with state statute regarding setbacks from the OrdinaryHigh Water Mark,which does not allow for a setback requirement of greater than 50 g q feet. Section 30-164 regarding a new overlay district: Parkin Requirement Exemption Overlay District �g Y �q P Y (PRE-0) Establish new Section (30-164) with subsections (A) through (D) along with Figures (a) through (c). This overlay district has been discussed at previous Plan Commission workshops. It is being proposed to waive parking requirements for three established urban areas of the City. These areas include properties where meeting commercial parking requirements may not be feasible and sufficient on-street parking is provided. Section 30-173 (B)regarding applicability of bicycle and pedestrian access standards Amend Applicability Section to exempt storage land uses from the requirements. Storage land uses are currently required to provide bicycle and pedestrian access. As the nature of storage land uses is vehicle-dependent, staff is of the opinion that pedestrian and bicycle access should not be required as it likely would not be utilized. Section 30-174 (B)regarding applicability of visibility standards Amend Applicability Section to include new and existing vegetation. This amendment is intended to correct an oversight as vegetation is included in vision triangle requirements,but currently is not included under applicability. Section 30-175 (F) regarding parking requirement exemptions Amend Section to include newly created Parking Requirement Exemption Overlay as exempt from parking requirements. Also include in subsection(1). This amendment is proposed to correspond with and provide consistency with the newly created Parking Requirement Exemption Overlay. Section 30-190 (E) regarding exterior lighting standards Amend subsection(4) to provide maximum fixture mounting height for CBP district and provide increased fixture mounting height not to exceed 25 feet. As the result of an oversight when the Corporate Business Park District(CBP) was created, CBP is being included with a 25' maximum fixture mounting height. We are also proposing to provide allowance of a 3 foot height increase to accommodate light pole bases, as was discussed at a previous Plan Commission workshop. The additional height is often requested as standard light poles are often 20 feet in height which currently would not allow for a base. Staff is supportive of the increase provided the overall height does not exceed 25 feet. Item-Teri Amendments-Zoning Ordinance 2 Section 30-242 (A)regarding multi-family exterior design standards Remove subsection(2) which prohibits standing seam metal roofs. As of June 19, 2019, standing seam metal roofs are allowed for multi-family uses. This amendment is to correct an oversight. Section 30-253d regarding landscaping point requirements for regular development Amend the table to provide point requirements for Corporate Business Park District(CBP). The CBP district is currently not included in the table. This revision is to provide landscaping point requirements for the CBP district. Section 30-253e regarding required bufferyard opacity values Amend the table to provide bufferyard opacity values for Corporate Business Park District(CBP). The CBP district is currently not included in the table. This revision is to provide bufferyard opacity values for the CBP district. Staff feels that the proposed amendments to the Zoning Ordinance will solve some problems that have been identified and ultimately strengthen the Code. RECOMMENDATION Staff recommends that the Plan Commission recommend approval of the proposed amendments to the Oshkosh Zoning Ordinance. The Plan Commission approved of the proposed amendments to the Oshkosh Zoning Ordinance as requested. The following is the Plan Commission's discussion on this item. Site Inspections Report: N/A Staff report accepted as part of the record. The City of Oshkosh Department of Community Development requests review and approval of amendments to the Oshkosh Zoning Ordinance. Mr. Lyons presented the item. The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017. Since the adoption of the ordinance,staff has noticed a number of code sections that should be modified following further examination and discussion with the public and developers. Staff proposes amendments to the following Zoning Ordinance code sections: Section 30-61 (G),Section 30-133 (C), Section 30-160.5 (A), Section 30-164,Section 30-173 (B), Section 30-174(B), Section 30-175 (F),Section 30-190(E), Section 30-242 (A), Section 30-253d and Section 30-253e. He said staff feels that the proposed amendments to the Zoning Ordinance will solve some problems that have been identified and ultimately strengthen the Code. Item-Text Amendments-Zoning Ordinance 3 Mr. Fojtik opened technical questions to staff. Ms. Propp said she does not remember if they had already voted on Design Standard changes like the windows on the front facade. Mr. Lyons replied they removed the side facade requirements approximately a year ago but they have not proposed any changes to the front fagade. He mentioned staff has been working with local builders and developers on new construction house Design Standards and potentially going to a point base system. Ms. Propp asked if staff feels that the current ordinance is sufficiently workable. Mr. Lyons responded at this point in time staff has not identified a better solution but staff is continuously trying to find if there may be a better option than the current system for infill housing, remodels, etc. He said at this time staff feels it is still appropriate to require Design Standards and it also allow the Plan Commission to be able to work through unique situations with applicants. Mr. Slusarek stated the biggest change is the Parking Exemption Overlay and reviewed some of the other minor changes with the text amendments. Mr. Lyons reiterated most of the text amendments were clean ups for issues they've had in the past or the DNR asking them to modify the text to match theirs. He stated this will make the code more workable and help deal with the issues they have been experiencing. Mr. Fojtik opened up the public hearing. There were no public comments submitted on this item. Mr. Fojtik closed the public hearing. Motion by Erickson to adopt the findings and recommendation as stated in the staff report. Seconded by Coulibaly. Mr. Fojtik asked if there was any discussion on the motion. Mr. Fojtik said he appreciates staff's willingness to understand that this was not a perfect document when it was created and their willingness to make it more workable. Mr. Ford commented the parking is a great change and it makes perfect sense. Motion carried 6-0. Item-Text Amendments-Zoning Ordinance 4 30-61 (G) Density,Intensity,and Bulk Regulations for the (UI)Urban Industrial District. Requirement Minimum Lot Area 10,000 square feet Maximum Impervious Surface 80 percent Ratio Minimum Lot Width 80 feet Minimum Lot Depth 100 feet Minimum Lot Frontage at Right- 50 feet of-Way Minimum Front Setback 2-5 10 feet Minimum Street Side Setback(on 25 feet corner lots) Minimum Side Setback 10 feet Minimum Rear Setback 25 feet Maximum Principal Building 60 feet Height Minimum Principal Building 10 feet Separation Minimum Pavement Setback(lot Meet minimum setbacks for principal line to pavement;excludes structures driveway entrances) Minimum Parking Required See Article III Minimum Garage Door Setback to Alley (if applicable) 10 feet Accessory Buildings: Minimum Front Setback 60 feet and at least 5 feet behind the principal structure Minimum Side Setback 10 feet Minimum Rear Setback 25 feet Maximum Height 45 feet 30-133 (C) Blanket Conforming Status. (1) Blanket conforming status for any and all requirements of this Chapter is hereby automatically granted to any structure lawfully existing upon the effective date of this Chapter. After said date, structures may not be enlarged, expanded, or extended altered without bringing the enlargement, expansion, or extension alteration into compliance with the provisions of this Chapter, or unless a variance is granted by the Zoning Board of Appeals under Section 30- 411. Page 4 30-160.5 (A)(2) Adjustment of Shore Yards. A setback greater- a less than 50 feet may be required or allowed, if the following apply: (a) The principal structure is constructed on a lot or parcel immediately adjacent on each side by a lot or parcel containing a principal structure. (b) The principal structure must be constructed a distance greater than or equal to the average setback of the principal buildings on the adjacent lots, however: (i) In no case shall the setback be reduced to a distance less than 35 feet from the ordinary high-water mark. (4) in no case shall the setbaEk be r-equir-ed to be a Elistanee greater- AVERAGE SETBACK No LES5 THAN 3S ALLOIAED - - - — - - - SHORELINE. OMb JARY HIGH WATER MARK 30-164 Section 30-164: (PRE-0) Parking Requirement Exemption Overlay District (A) Purpose. The purpose of this overlay district is to accommodate smaller sites within the City of Oshkosh's Central City areas that would otherwise be unable to provide required off-street parking hampering new development or reuse of existing structures. (B) Within the Parking Requirement Exemption Overlay District(PRE-O), the parking requirements of this Chapter are hereby waived for nonresidential uses. However,when off-street parking facilities are provided, such facilities shall meet the requirements of this Chapter,expect in respect to the number of required spaces. (C) Mixed-use/upper floor residential uses need only provide evidence of the availability of off-street public or private parking in the amount of 1 parking space per dwelling unit within 1,000 feet of the unit. (D) See Figures 30-164a through 30-164c for locations of the Parking Requirement Exemption Overlay District. Page 5 t`Um3!'1641:narkiigR&gglltWblEIMPibM4hE1Ita INAlActAl t1 ! � t ' FKwe3D14iA:Pro ri3i4rlkilAnowillEumttoWt0\crtilyDh44d.%m2 AM"y t f ira t _ r v 7 � f � E tt: t ram' NX i� 7i,_ 4 .�T*.? , 1y I if � � .l I � �v i �`44• �1 � eft, I _ K I ' }{ ME a r S••� t � i ( �i� Eil� OL _ m I�Num 71M1r-1._Psrrteln„ItwlslnrorTtl 1'\afrt�Klr Ir\trlac 1]Rnrrt.ir�t z 'O4} I r T 71E� I - - � I i Page 6 30-173 (B) Applicability. The requirements of this Section shall apply to all new development or redevelopment. Storage land uses are exempt from the requirements of this Section. 30-174 ( ) Applicability.A licabili .The requirements of this Section shall apply to all new development or redevelopment-and new and existing vegetation. 30-175 (F) Parking Requirement Exceptions in the Central Mixed Use District-and Parking Requirement Exemption Overlay District. (1) Within the CMU district and Parking Requirement Exemption Overlay District, the parking requirements of this Chapter are hereby waived. However, when off-street parking facilities are provided, such facilities shall meet the requirements of this Chapter, except in respect to the required number of spaces. Residential uses need only provide evidence of the availability of off- street public or private parking in the amount of 1 parking space per dwelling unit within 1,000 feet of the unit. 30-190 (E)(4)(d) (iii) 25 feet in the CBP,BP,UI, and HI zoning districts (iv) Light fixture mounting height may be increased by up to 3 feet over the maximum fixture mounting height to accommodate a light pole base, provided the overall height does not exceed 25 feet. 30-242 A Page 7 Figure 30-253d City of Oshkosh Zoning Ordinance Municipal Code Multi-Family Res. (\IR- Sll ItNI 11 3h) Mobile Home Res. (NIH-9) 40 511 11MI 241 Institutional (1) 40 NI I1NI 241 Neighb.\lined Use (NMU) _i ill IIKI 241 Suburban Mixed Use (SNIIJ) 40 SSI I1XI 20 Urban Mixed Use (UN1U) 40 aU till 10 Central Mixed Use {I 5l1 11 11 (Ch1U) Riverfmnt Mixed Use Ntl yl IINI 211 (R.mU) Corporate Business Park ;lt GU lull 20 ((-Bill Business Park (BPI 40 5l1 IINI 20 Urban Industrial (UI) 241 3l1 -10 141 Heavv Industrial (1-11) 241 30 30 141 .Note:Single family dwelling,unit,,tivn family dwelling units,and agricultural land uses are exempt from landscaping roquiremen(s. Page 8 Figure 30-253e Figure 30-253e; Retluired Bufferyard Opacity Values Apply the i.yt, .. 1 AlUe District: fnom thig.Figure to Figure 3 _151if and select the most apptnpriate bufteryard option Note that certrm land rises conditional u9es and a or, N Ck at CC Ck N 7 f m _ _ ,22, plumed development proiIn-ts n iy havv more+tnngent btuhrnvrd regtttrernents Rural Holding IRH-3S) Single Family Residential-2 (SR-2) • 0 T Single Family Residential-3 Single Family Residential-5 (SR-5) 0 0 0 , Single Family Residential-9 (SR-9) 0 , 0 0 1 0 Duplex Residential(DR-6) ' 1 1 .1 .1 D ( I Two Flat Residential(TR-10) ' .1 .1 .1 .1 .1 0 Mufti-Family Residential-12(MR-12) ' .2 .2 .2 .2 .1 .1 0 Mufti-Famdy Residential-20(MR-20) • .3 .3 .3 ' .3 .2 .2 .1 0 Muti-Family Residential-b6(MR-36) • I .3 t .3 I .3 t .3 ' .2 I .2 I .1 1 .1 0 Mobile Home Residential(MH-9) .3 .3 ' .3 .3 .2 .2 .1 .1 .1 0 ( ( I 1 Institutional • .2 , .2 , .2 t .2 .1 i .1 .1 .1 .1 .1 . 0 . Neighborhood Mixed Use(NMU) .2 Suburban Mixed Use(SMU) ' .4 .4 .4 , A .4 .4 3 .3 .3 .2 .3 .2 0 - Urban Mixed Use(UMUI .4 .4 .4 .4 .4 .4 .3 .3 I .3 .2 .3 .1 .1 0 Central Mixed Use(CMU) I ' ( .4 ;- Corporate Business Park(CBP) I • .4 ' .4 .4 I .4 ' .4 ' .4 ' .3 ' .3 ' .3 I .2 ' .4 ' .2 ' .1 I .1 I .1 ' 0 ' Business Park IBPI ' .4 .4 .4 .4 .4 .4 3 .3 .3 .2 .4 .2 .1 .1 .1 .1 0 Urban Industrial IUI) • 5 .5 .5 , -5 .5 . .S .4 .4 .4 .4 , .S .3 • .2 .2 .2 .2 - .2 - 0 Heavy Industrial(HII .6 .6 .6 .6 .5 .5 .4 1 .4 1 .4 1 .4 .5 1 .4 .d 1 .4 1 .4 1 .4 1 .3 1 .2 1 0 Riverfront Mixed Use(RMU) i .4 1 .4 J .4 J .4 1 .4 1 .4 1 3 i .3 J .3 J .2 1 .A 1 .2 1 .2 1 .2 J .2 J .2 J .2 1 .2 1 .2 1 0 'For properties zoned RH-35,base bufferyard requirements on the propnkd zoning district for said property as depicted on the Future Land Use Map in the City of Oshkosh Comprehensive Plan. Page 9 Sections 30-164 165 to 30-169: Reserved Paqe 10