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Home My WebLink About15. 21-549NOVEMBER 9, 2021 21-549 ORDINANCE FIRST READING (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO SINGLE FAMILY RESIDENTIAL – 5 (SR-5) FOR PROPERTY LOCATED AT 330-338 NORTH EAGLE STREET INITIATED BY: IMMANUEL LUTHERAN CHURCH PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 387 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 30-387 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 located at 330-338 North Eagle Street from Institutional (I) to Single Family Residential – 5 (SR-5). BEING ALL OF LOT 5 AND THE SOUTHERLY 13.22 FEET OF LOT 4 IN BLOCK “A” OF HIGHLAND ADDITION AND ADJACENT ½ OF N. EAGLE STREET RIGHT-OF- WAY, BEING PART OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 22, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN 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 #21-XXX ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO SINGLE FAMILY RESIDENTIAL – 5 (SR-5) FOR PROPERTY LOCATED AT 330-338 NORTH EAGLE STREET on November 23, 2021. This ordinance changes the zoning of the property located at 330-338 North Eagle Street from Institutional (I) to Single Family NOVEMBER 9, 2021 21-549 ORDINANCE FIRST READING CONT’D Residential – 5 (SR-5). 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. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: November 4, 2021 RE: Approve Zone Change from Institutional District (I) to Single Family Residential – 5 (SR- 5) for Property Located at 330-338 North Eagle Street BACKGROUND The applicant is requesting a zone change from Institutional (I) to Single Family Residential – 5 (SR-5) for a portion of the Immanuel Lutheran Church property, 330 – 338 North Eagle Street. The subject area consists of a single lot at the southeast corner of North Eagle Street and Porter Avenue totaling 1.06 acres in size. The site contains Emanuel Lutheran Church (338 North Eagle Street), a storage building, and an off street parking area. The property also contains a single-family dwelling (330 North Eagle Street) with attached garage located south of the church which was formerly used as a parsonage. The church is planning to split the house from the main church property and market it for sale as a single family home. The property’s current Institutional (I) Zoning does not permit single-family uses so the church is requesting to rezone the area containing the house to Single Family Residential-5 (SR-5). The church has submitted a Certified Survey Map (CSM) currently under staff review to divide the house from the church. The proposed zone change will cover the same area as the newly created lot. The surrounding area consists primarily of single-family residential uses to the north, south and east, and Oshkosh West High School to the west. ANALYSIS The proposed zone change to SR-5 will allow the church to market the former parsonage as a single family home which is a by-right use in the SR-5 District. When used as a parsonage, the structure was an accessory use to the principal church use where the pastor could take residence. The proposed SR-5 zoning is consistent with the zonings of the area’s single family uses. The size of the new lot is also consistent with the single uses in the area. RECOMMENDATION The Plan Commission recommended approval of the zone change on November 2, 2021. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager ITEM: PUBLIC HEARING: ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO SINGLE FAMILY RESIDENTIAL – 5 (SR-5) FOR PROPERTY LOCATED AT 330 N. EAGLE STREET Plan Commission meeting of November 2, 2021. GENERAL INFORMATION Applicant/Owner: Randy Montgomery, Immanuel Lutheran Church Action(s) Requested: The applicant is requesting a zone change from Institutional (I) to Single Family Residential – 5 (SR-5) for a portion of the Immanuel Lutheran Church property, 330 – 338 N. Eagle Street. 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. Property Location and Background Information: The subject area consists of a single lot at the southeast corner of N. Eagle Street and Porter Avenue totaling 1.06 acres in size. The site contains Emanuel Lutheran Church (338 N. Eagle Street), storage building and off street parking area. The property also contains a single-family dwelling (330 N. Eagle Street) with attached garage located south of the church which was formerly used as a parsonage. The church is planning to split the house from the main church property and market it for sale as a single family home. The property’s current Institutional (I) Zoning does not permit single-family uses so the church is requesting to rezone the area containing the house to Single Family Residential-5 (SR-5). The church has submitted a Certified Survey Map (CSM) currently under staff review to divide the house from the church. The proposed zone change will cover the same area as the newly created lot. The surrounding area consists primarily of single-family residential uses to the north, south and east, and Oshkosh West High School to the west. The 2040 Comprehensive Land Use Plan recommends institutional uses for the subject site. ITEM VI: Rezone, 330 N. Eagle Street 2 Subject Site Existing Land Use Zoning Institutional (Emanuel Lutheran Church, Parsonage) Institutional (I) Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning Existing Uses Zoning North Single Family Residential Single Family Residential–5 (SR-5) South Single Family Residential Single Family Residential–5 (SR-5) East Single Family Residential Single Family Residential–5 (SR-5) West Institutional (Oshkosh West High School) Institutional (I) Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Institutional ANALYSIS The proposed zone change to SR-5 will allow the church to market the former parsonage as a single family home which is a by-right use in the SR-5 District. When used as a parsonage, the structure was an accessory use to the principal church use where the pastor could take residence. The proposed SR-5 zoning is consistent with the zonings of the area’s single family uses. The size of the new lot is also consistent with the single uses in the area. The City’s Comprehensive Land Use Plan does recommend institutional uses for the subject site making the proposed zone change inconsistent with the plan. However, the Comprehensive Plan is a guide for more broad-based planning, not parcel-specific. Staff is of the opinion that this change is not significant enough to warrant an amendment to the land use plan. RECOMMENDATION Staff recommends approval of the rezone from Institutional (I) Zoning District to Single Family Residential-5 Zoning District for 330 N. Eagle Street as requested. ITEM VI: Rezone, 330 N. Eagle Street 3 The Plan Commission recommended approval of the zone change on November 2, 2021. The following is Plan Commission’s discussion on the item. Site Inspections Report: Mr. Hinz and Ms. Scheuermann reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a zone change from Institutional (I) to Single Family Residential – 5 (SR-5) for a portion of the Immanuel Lutheran Church property, 330 – 338 N. Eagle Street. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The proposed zone change to SR-5 will allow the church to market the former parsonage as a single family home which is a by-right use in the SR-5 District. When used as a parsonage, the structure was an accessory use to the principal church use where the pastor could take residence. The proposed SR-5 zoning is consistent with the zonings of the area’s single family uses. The size of the new lot is also consistent with the single uses in the area. The City’s Comprehensive Land Use Plan does recommend institutional uses for the subject site making the proposed zone change inconsistent with the plan. However, the Comprehensive Plan is a guide for more broad-based planning, not parcel-specific. Staff is of the opinion that this change is not significant enough to warrant an amendment to the land use plan. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Hinz opened up technical questions to staff. There were no technical questions on this item. Mr. Hinz asked for any public comments and asked if the applicant wanted to make any statements. There were no statements from the applicant. There were no other public comments on this item. There were no public comments on this item. Mr. Hinz closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Propp to adopt the findings and recommendation as stated in the staff report. ITEM VI: Rezone, 330 N. Eagle Street 4 Seconded by Coulibaly. Mr. Hinz asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. REZONE 330 N EAGLE ST PC: 11-2-2021 OSHKOSH AREA SCHOOL DISTRICT PO BOX 3048 OSHKOSH, WI 54903 MATTHEW D GOLDTHWAITE 320 N EAGLE ST OSHKOSH, WI 54902 JOHN M COLEMAN 317 HAWK ST OSHKOSH, WI 54902 RUTH M WOLF IRREV TRUST 325 HAWK ST OSHKOSH, WI 54902 WILLIAM J/CAROL M GEE REV LIVING TRUST 329 HAWK ST OSHKOSH, WI 54902 ARTURO/ISABEL MACIAS 339 HAWK ST OSHKOSH, WI 54902 JESSICA J KING 2066 AUTUMN LEAVES CIR GREEN BAY, WI 54313 VICTOR M/TAMMY C GARCIA MORENO 404 N EAGLE ST OSHKOSH, WI 54902 LISA L BLOM 1520 PORTER AVE OSHKOSH, WI 54902 ANTHONY J/STACEY L FUCHS JR 403 HAWK ST OSHKOSH, WI 54902 IMMANUEL LUTHERN CHURCH 330 N EAGLE ST OSHKOSH, WI 54902 HAWK STHAWK STN EAGLE STN EAGLE STSOUTHLAND AVSOUTHLAND AV PORTER AVPORTER AV N LARK STN LARK STN EAGLE STN EAGLE STC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/12/2021 1 in = 120 ft1 in = 0.02 mi¯330 N EAGLE ST330 N EAGLE ST City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer I I SR-9 SR-5 I-PD I I MR-20 MR-12 UMU SR-5 SR-9 I-PD DR-6 SMU-PD MR-20 UI UMU UMU SMU DR-6 MR-12 SMU-PD UMU UMU-PD Red Arrow Park WITZEL AVWITZEL AV N SAWYER STN SAWYER STSSSSAAWWYYEERRSSTTTAFT AVTAFT AV JOSSLYN STJOSSLYN STDOVE STDOVE STHAWK STHAWK STN LARK STN LARK STSOUTHLAND AVSOUTHLAND AVN WESTFIELD STN WESTFIELD STRUSH AVRUSH AV ADAMS AVADAMS AV PIERCE AVPIERCE AV COOLIDGE AVCOOLIDGE AV N EAGLE STN EAGLE STN MEADOW STN MEADOW STW 2ND AVW 2ND AV FAUST AVFAUST AV S LARK STS LARK STMASON STMASON STS EAGLE STS EAGLE STSKYVIEW AVSKYVIEW AV LLOOMMBBAARRDD AAVV GGUUEENNTTHHEERRSSTTCLAYTON CTCLAYTON CT N LARK STN LARK STN EAGLE STN EAGLE STC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/12/2021 1 in = 500 ft1 in = 0.09 mi¯330 N EAGLE ST330 N EAGLE ST City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/12/2021 1 in = 100 ft1 in = 0.02 mi¯330 N EAGLE ST330 N EAGLE ST City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer