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Home My WebLink About20. 22-58FEBRUARY 8, 2022 22-58 ORDINANCE FIRST READING (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM TWO FLAT RESIDENTIAL – 10 WITH A PLANNED DEVELOPMENT OVERLAY (TR-10-PD) TO SINGLE FAMILY RESIDENTIAL – 9 (SR-9) FOR PROPERTIES LOCATED AT THE EAST SIDE OF THE 600 BLOCK OF GROVE STREET INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT 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 properties located at the east side of the 600 Block of Grove Street from Two Flat Residential – 10 with a Planned Development Overlay (TR-10-PD) to Single Family Residential – 9 (SR-9). BEING ALL OF CERTIFIED SURVEY MAP NUMBER 7763, RECORDED AS DOCUMENT NUMBER 1851816, WINNEBAGO COUNTY REGISTER OF DEEDS, AND ALL OF CERTIFIED SURVEY MAP NUMBER 7864, RECORDED AS DOCUMENT NUMBER 1873528, WINNEBAGO COUNTY REGISTER OF DEEDS, AND ½ OF THE ADJACENT RIGHTS-OF-WAY OF GROVE STREET AND CLEVELAND AVENUE, ALL LOCATED IN THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 24, 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. FEBRUARY 8, 2022 22-58 ORDINANCE FIRST READING CONT’D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #22-XXX APPROVE ZONE CHANGE FROM TWO FLAT RESIDENTIAL – 10 WITH A PLANNED DEVELOPMENT OVERLAY (TR-10-PD) TO SINGLE FAMILY RESIDENTIAL – 9 (SR-9) FOR PROPERTIES LOCATED AT THE EAST SIDE OF THE 600 BLOCK OF GROVE STREET on February 22, 2022. This ordinance changes the zoning of the property located at the east side of the 600 Block of Grove Street from Two Flat Residential – 10 with a Planned Development Overlay (TR-10-PD) to Single Family Residential – 9 (SR-9). 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: February 3, 2022 RE: Approve Zone Change from Two Flat Residential – 10 with a Planned Development Overlay (TR-10-PD) to Single Family Residential – 9 (SR-9) for Properties Located at the East Side of the 600 Block of Grove Street BACKGROUND The applicant requests a zone change from the existing Two Flat Residential - 10 District with Planned Development Overlay (TR-10-PD) to Single Family Residential – 9 District (SR-9). The subject site consists of four vacant parcels immediately west of Bella Vista Senior housing on part of the former Mercy Hospital property. The City acquired the land from Winnebago County in 2015 with the intent to subdivide the property into smaller residential lots for single family development. The surrounding area consists of a variety of residential uses with higher density uses to the north, south, and, east and single family to the west. ANALYSIS The City is requesting a zone change for the four subject parcels to SR-9 to allow the creation of a total of six single-family lots. Although the existing TR-10-PD allows single-family uses, the minimum lot width for new lot divisions is 60 feet wide which would allow the creation of five lots. The SR-9 zoning has a minimum lot width of 40 feet. For consistency, staff believes the widths of the lots should be similar to the 50-foot wide lots on the west side of Grove Street. Staff is proposing the creation of two 50-foot, one 54-foot, two 55-foot and one 65-foot corner lot for a total of six new lots. The SR-9 zoning will allow for the new lots less than 60 feet wide. Habitat for Humanity is working with the City and will be purchasing the lots. Several of the lots have already been selected by Habitat’s clients and construction is planned to occur this spring. Lots these sizes are ideal for Habitat’s mission to provide affordable homeownership for families. The Comprehensive plan recommends Neighborhood Commercial for the subject site. Staff feels there is not a conflict with the proposed zone change as the existing zoning is already a residential district. Also, the recommended land use map is meant for generalized area recommendations, not parcel-specific recommendations. Staff are of the opinion that the subject City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us site is small enough that it does not require a map amendment. Staff is supportive of the zone change as it allows for the creation of single-family lots that are consistent in size with the rest of the neighborhood. The new lots will also help with the City’s goal to make affordable housing more available. RECOMMENDATION The Plan Commission recommended approval of the zone change on February 1, 2022. 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 TWO FLAT RESIDENTIAL – 10 WITH PLANNED DEVELOPMENT OVERLAY (TR-10-PD) TO SINGLE FAMILY RESIDENTIAL – 9 (SR-9) FOR PROPERTIES LOCATED AT THE EAST 600 BLOCK OF GROVE STREET Plan Commission meeting of February 1, 2022. GENERAL INFORMATION Applicant: City of Oshkosh Department of Community Development Owner: City of Oshkosh Action(s) Requested: The applicant requests a zone change from the existing Two Flat Residential - 10 District with Planned Development Overlay (TR-10-PD) to Single Family Residential – 9 District (SR-9). 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 site consists of four vacant parcels immediately west of Bella Vista Senior housing, on part of the former Mercy Hospital property. The City acquired the land from Winnebago County in 2015 with the intent to subdivide the property into smaller residential lots for single family development. The surrounding area consists of a variety of residential uses with higher density uses to the north, south and east and single family to the west. Subject Site Existing Land Use Zoning Vacant/Undeveloped Two Flat Residential - 10 District with Planned Development Overlay (TR-10-PD) Recognized Neighborhood Organizations Menominee South Adjacent Land Use and Zoning Existing Uses Zoning North Single-Family Residential Single Family Residential – 9 District (SR-9) South Two-Family Residential Two Flat Residential - 10 District with Planned Development Overlay (TR-10-PD) ITEM I: Rezone TR-10-PD to SR-9 – East 600 Block of Grove Street 2 East Multi-Family Residential Urban Mixed Use with Planned Development Overlay (UMU-PD) West Single-Family Residential Single Family Residential – 9 District (SR-9) Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Center City ANALYSIS The City is requesting a zone change for the four subject parcels to SR-9 to allow the creation of a total of six single-family lots. Although the existing TR-10-PD allows single-family uses, the minimum lot width for new lot divisions is 60 feet wide which would allow the creation of five lots. The SR-9 zoning has a minimum lot width of 40 feet. For consistency, staff believes the widths of the lots should be similar to the 50-foot wide lots on the west side of Grove Street. Staff is proposing the creation of two 50-foot, one 54-foot, two 55-foot and one 65-foot corner lot for a total of six new lots. The SR-9 zoning will allow for the new lots less than 60 feet wide. Habitat for Humanity is working with the City and will be purchasing the lots. Several of the lots have already been selected by Habitat’s clients and construction is planned to occur this spring. Lots these sizes are ideal for Habitat’s mission to provide affordable homeownership for families. The Comprehensive plan does recommend Neighborhood Commercial for the subject site. Staff feels there is not a conflict with the proposed zone change as the existing zoning is already a residential district. Also, the recommended land use map is meant for generalized area recommendations, not parcel-specific. Staff is of the opinion that the subject site is small enough not to require a map amendment. Staff is supportive of the zone change as it allow for the creation of single-family lots that are consistent in size with the rest of the neighborhood. Plus the new lots will help with the City’s goal to make affordable housing more available. RECOMMENDATION Figure 1: Existing & Proposed Zoning ITEM I: Rezone TR-10-PD to SR-9 – East 600 Block of Grove Street 3 Staff recommends approval of the zone change from Two Flat Residential - 10 District with Planned Development Overlay (TR-10-PD) to Single Family Residential – 9 District (SR-9) at the east 600 Block of Grove Street as requested. Site Inspections Report: Ms. Davey, Council Member Ford, and Mr. Mitchell all reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Two Flat Residential - 10 District with Planned Development Overlay (TR-10-PD) to Single Family Residential – 9 District (SR-9). Mr. Nau presented the item. The City is requesting a zone change for the four subject parcels to SR-9 to allow the creation of a total of six single-family lots. Although the existing TR-10-PD allows single-family uses, the minimum lot width for new lot divisions is 60 feet wide which would allow the creation of five lots. The SR-9 zoning has a minimum lot width of 40 feet. For consistency, staff believes the widths of the lots should be similar to the 50-foot wide lots on the west side of Grove Street. Staff is proposing the creation of two 50-foot, one 54-foot, two 55-foot and one 65-foot corner lot for a total of six new lots. The SR-9 zoning will allow for the new lots less than 60 feet wide. Habitat for Humanity is working with the City and will be purchasing the lots. Several of the lots have already been selected by Habitat’s clients and construction is planned to occur this spring. Lots these sizes are ideal for Habitat’s mission to provide affordable homeownership for families. The Comprehensive plan does recommend Neighborhood Commercial for the subject site. Staff feels there is not a conflict with the proposed zone change as the existing zoning is already a residential district. Also, the recommended land use map is meant for generalized area recommendations, not parcel-specific. Staff is of the opinion that the subject site is small enough not to require a map amendment. Staff is supportive of the zone change as it allow for the creation of single-family lots that are consistent in size with the rest of the neighborhood. Plus the new lots will help with the City’s goal to make affordable housing more available. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Mr. Perry opened up technical questions to staff. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. There were no public comments on this item. ITEM I: Rezone TR-10-PD to SR-9 – East 600 Block of Grove Street 4 Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Mitchell to adopt the findings and recommendation as stated in the staff report. Seconded by Coulibaly. Council Member Ford asked what size development or reason would trigger an update to the comp plan. Mr. Lyons said if it was a substantial modification from what was already there. From being TR-10 to SR-9 already being single family allowed uses, they are similar enough in nature that a comp plan amendment is not warranted. If we were going to an entire different category of land use, then we would need to address the Comprehensive plan. But when we’re really in that same category and the base land use allows the same thing, it’s not always necessary. Motion carried 8-0. REZONE EAST 600 BLOCK GROVE ST PC: 2-01-2022 BELLA VISTA OSHKOSH SENIOR REALTY LLC 8170 MCCORMICK BLVD STE 112 SKOKIE, IL 60076 DONALD L/TABATHA R MARTIN JR 604 GROVE ST OSHKOSH, WI 54901 DANISHA L PEARMAN 608 GROVE ST OSHKOSH, WI 54901 CITY OF OSHKOSH PO BOX 1130 OSHKOSH, WI 54903 CHAD C/JILL D ALSTEEN 645 GROVE ST OSHKOSH, WI 54901 THOMAS A/PATRICIA J GUENTHER 639 GROVE ST OSHKOSH, WI 54901 JENNIFER J DUTKO 633 GROVE ST OSHKOSH, WI 54901 SAMUEL KRASNY/STEPHANIE POMMERENING 631 GROVE ST OSHKOSH, WI 54901 CARLOS A LIERA ROJAS 625 GROVE ST OSHKOSH, WI 54901 MICHAEL T/EVA SMITH 621 GROVE ST OSHKOSH, WI 54901 AUSTIN M/MOLLY R FREDERICK 617 GROVE ST OSHKOSH, WI 54901 LOENE KREBS 922 E PARKWAY AVE OSHKOSH, WI 54901 SCHULTZ INVESTMENTS & CONSTRUCTION LLC 7006 COUNTY ROAD M WINNECONNE, WI 54986 THEODORE D KOEPKE 655 GROVE ST OSHKOSH, WI 54901 KRISTOFER LIND/AMY ASCHENBRENNER 650 GROVE ST OSHKOSH, WI 54901 PREM LAKEFRNT OSH LLC/AFLP LAKEFRNT OSH 3120 GATEWAY RD BROOKFIELD, WI 53045 579642638634630624618614608566575569569571925915909907903 5665725741109 1113 111 5741103675671665655914918682674670664658654609617621625631633639645908912918922902 583905 6806806516556656616756716856816506706601120 575581587593604608679681GROVE STOAK STCLEVELAND AV E PARKWAY AV OAK STEVANS STH:\jeffn\Planning Base Map - Jeff 2021.mxd User: jeffn Eas t 60 0 Block o f Gro ve Str eet 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 Printing Date: 1/17/2022 1 in = 120 ft 1 in = 0.02 mi¯ 50 0 50 100 15025 Feet Prepared by: City of Oshkosh, WI OAK STSTERLING AV E LINCOLN AV P R A TT TR STEVENS CTFLUOR CT MERRITT AV SIEW ERTTRSIEWERT TR E LINCOLN AV CLEVELAND AV ROSALIASTE PARKWAY AVPOWERS STE IRVING AVMONROE STSHAWANO AV GROVE STEVANS STOAK STBOYD STBROAD STLINDE STMONROE STPRATTTR E IRVING AV WASHINGTON AVBOWEN STHAZEL STOshkoshOshkoshCityCityLimitLimitOshkoshOshkoshCity Li mitCi ty Limi tOshkosh City LimitOshkosh City LimitCMU DR-6-PD I I I I I-PD I-PD I-PD I-PD MR-20 MR-36-PD SR-9 SR-9 TR-10 TR-10 TR-10-PDTR-10-PD UMU UMU UMU UMU-PD H:\jeffn\Planning Base Map - Jeff 2021.mxd User: jeffn Ea st 6 00 Blo ck o f G ro ve S tre et 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 Printing Date: 1/17/2022 1 in = 500 ft 1 in = 0.09 mi¯ 250 0 250 500125 Feet Prepared by: City of Oshkosh, WI 134.31'48.0'134.31' 119.92' 120.06'449.37'65.32' 148.74'36.76'29.24' 66.00'148.23'70.65'50.0'50.0'50.0'50.0'50.0'50.0'50.0'50.0'134.0'134.0' 53.6'53.6'53.6'53.6'53.6' 134.0'134.0'50.0'50.0'52.0'50.0'50.0'134.0'134.0' 107.2'53.6'53.6'53.6'118.65'118.77'118.83'350.0'54.3'122.12'51.5' 136.08'120.0'134.0' 44.0'45.0'45.0'102.0'102.0'119.97'110.00'110.00'318.46'134.17'134.18'318.15'80.22'79.90'74.00'134.11' 134.13' 134.15'74.00'74.00'74.00'102.0'120.0'122.12'122.12'134.0'134.0' 134.0'134.0' 107.2' 134.0'134.0' 134.0' 134.0' 134.0' 134.0' 134.0'134.0' 134.0'134.0' 134.0'134.0'120.0'120.0'120.0'53.6'53.6' 54.3'51.5' 134.30'97.01'97.23'65.19'120.04'55.00'55.00'55.00'55.00'120.03' 120.01' 120.01'50.00'50.00'50.00'50.00'54.00'54.00'120.00' 119.99' 67.5'66.5'48.0'72.0'50.0'70.0'44.0'43.0'43.0'45.8'40.0'44.0' 119.01'642638634630624618614608925915909907903 11091103675671665655914918674670664658654609617621625631633639645908912918922902 905 680651655665661675671681650670660581587593604608GROVE STCLEVELAND AV OAK STOAK STE PARKWAY AV H:\jeffn\Planning Base Map - Jeff 2021.mxd User: jeffn Ea st 6 00 Blo ck o f G ro ve S tre et 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 Printing Date: 1/17/2022 1 in = 100 ft 1 in = 0.02 mi¯ 50 0 50 10025 Feet Prepared by: City of Oshkosh, WI