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Home My WebLink About22A. 22-470NOVEMBER 9, 2022 22-470 ORDINANCE FIRST READING (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL (SR-9) TO URBAN MIXED USE (UMU) FOR VACANT PROPERTY LOCATED ON THE SOUTH SIDE OF THE 1900 BLOCK OF COLUMBIA AVENUE INITIATED BY: JULIE NADOLSKE 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 vacant property located on the south side of the 1900 block of Columbia Avenue, adjacent to 1846 Algoma Boulevard, from Single Family Residential – 9 District (SR-9) to Urban Mixed Use District (UMU). ALL OF LOT 202 AND PART OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 18 NORTH, RANGE 16 EAST, IN THE 12TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, WHICH IS BOUND AND DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 11; THENCE N89°23’29”E, 511.56 FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE N20°16’31”W, 550.98 FEET ALONG THE EAST LINE AND EXTENDED EAST LINE OF ALGOMA BOULEVARD TO THE EXTENDED SOUTH LINE OF COLUMBIA AVENUE ALSO BEING THE NORTHWEST CORNER OF LOT 203, E. M. CRANES ADDITION TO ALGOMA PARK PLAT; THENCE N89°15’35”E, 135.76 FEET ALONG SAID EXTENDED SOUTH LINE AND SOUTH LINE OF COLUMBIA AVENUE TO THE NOVEMBER 9, 2022 22-470 ORDINANCE FIRST READING CONT’D NORTHWEST CORNER OF LOT 202 OF E. M. CRANES ADDITION TO ALGOMA PARK PLAT AND THE POINT OF BEGINNING; THENCE CONTINUING N89°15’35”E, 84.00 FEET ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF SAID LOT 202; THENCE S00°23’47”E, 54.50 FEET ALONG THE EAST LINE OF SAID LOT 202 TO THE SOUTH LINE OF LANDS DESCRIBED IN DOCUMENT NO. 1011867; THENCE S88°57’48”W, 84.00 FEET ALONG SAID SOUTH LINE TO A POINT ON THE EXTENDED WEST LINE OF SAID LOT 202; THENCE N00°23’47”W, 54.93 FEET ALONG THE EXTENDED WEST LINE AND WEST LINE OF SAID LOT 202 TO THE POINT OF BEGINNING. SAID AREA CONTAINS 4,596 SQUARE FEET OR 0.106 ACRES, MORE OR LESS. 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 #22-XXX APPROVE ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL (SR-9) TO URBAN MIXED USE (UMU) FOR VACANT PROPERTY LOCATED ON THE SOUTH SIDE OF THE 1900 BLOCK OF COLUMBIA AVENUE on November 22, 2022. This ordinance changes the zoning of the vacant property located on the south side of the 1900 block of Columbia Avenue, adjacent to 1846 Algoma Boulevard, from Single Family Residential – 9 District (SR-9) to Urban Mixed Use District (UMU). 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. 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 3, 2022 RE: Approve Zone Change from Single Family Residential (SR-9) to Urban Mixed Use (UMU) for Vacant Property Located on the South Side of the 1900 Block of Columbia Avenue BACKGROUND The applicant requests a zone change from the existing Single Family Residential – 9 District (SR-9) to Urban Mixed Use District (UMU) for a vacant property located on the south side of the 1900 block of Columbia Avenue, adjacent to 1846 Algoma Boulevard. The subject property is approximately 4,500 square feet in size and located on the south side of the 1900 block of Columbia Avenue, between Hamilton Street and Minerva Street. The subject site is zoned SR-9 and has been vacant for many years. The surrounding area consists primarily of residential uses along with commercial uses along Algoma Boulevard to the southwest and northwest. The 2040 Comprehensive Land Use Plans recommends light density residential uses for the subject area. ANALYSIS The applicant is requesting a zone change to Urban Mixed Use District for the subject property. This request is intended provide consistent zoning with the property to the west (1846 Algoma Boulevard) to allow for the combination of both lots into a single lot via CSM. The applicant intends to have these lots combined to allow for a new, code compliant garage to be constructed. The proposed UMU zoning is not consistent with the 2040 Comprehensive Land Use Plan recommendation of light density residential for the subject site. However, staff does not have concerns with proposed rezone to Urban Mixed Use as the Comprehensive Plan is not intended to be parcel specific and the purpose of this rezone is to allow for future improvements of the existing residential land use. The proposed UMU zoning will also be consistent with the neighboring properties to the south. For these reasons, staff is supportive of the proposed rezoning of subject site. RECOMMENDATION The Plan Commission recommended approval of the rezone on November 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: ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL 9 DISTRICT (SR-9) TO URBAN MIXED USE (UMU) FOR A VACANT PROPERTY LOCATED ON SOUTH SIDE OF THE 1900 BLOCK OF COLUMBIA AVENUE Plan Commission meeting of November 1, 2022. GENERAL INFORMATION Applicant/Owner: Julie Nadolske Action(s) Requested: The applicant requests a zone change from the existing Single Family Residential – 9 District (SR- 9) to Urban Mixed Use District (UMU) for a vacant property located on the south side of the 1900 block of Columbia Avenue, adjacent to 1846 Algoma Boulevard. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Property Location and Background Information: The subject property is approximately 4,500 square feet in size and located on the south side of the 1900 block of Columbia Ave, between Hamilton St and Minerva St. The subject site is zoned SR-9 and has been vacant for many years. The surrounding area consists primarily of residential uses along with commercial uses along Algoma Blvd to the southwest and northwest. The 2040 Comprehensive Land Use Plans recommends light density residential uses for the subject area. Subject Site Existing Land Use Zoning Vacant SR-9 Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning Existing Uses Zoning North Institutional SR-9 South Residential UMU East Residential SR-9 West Institutional UMU Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Light density residential ITEM III: Rezone Vacant lot 1900 block Columbia Ave. 2 ANALYSIS Zone Change The applicant is requesting a zone change to Urban Mixed Use District for the subject property. This request is intended provide consistent zoning with the property to the west (1846 Algoma Blvd) to allow for the two lots to be combined into one, through a CSM. The applicant intends to have these lots combined to allow for a new, code compliant, garage to be constructed. The proposed UMU zoning is not consistent with the 2040 Comprehensive Land Use Plan recommendation of light density residential for the subject site. However, staff does not have concerns with proposed rezone to Urban Mixed Use as the Comprehensive Plan is not intended to be parcel specific and the purpose of this rezone is to allow for future improvements of the existing residential land use. The proposed UMU zoning will also be consistent with the neighboring properties to the south. For these reasons, staff is supportive of the proposed rezoning of subject site. ITEM III: Rezone Vacant lot 1900 block Columbia Ave. 3 FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Zoning Map amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-381 (D)(2): (a) Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency. (b) Is in harmony with the Comprehensive Plan. (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (d) Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: (ii) Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. Staff recommends approval of the rezone with the findings listed above. The Plan Commission recommended approval of the rezone as requested on November 9, 2022. The following is their discussion on the item. Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Single Family Residential – 9 District (SR- 9) to Urban Mixed Use District (UMU) for a vacant property located on the south side of the 1900 block of Columbia Avenue, adjacent to 1846 Algoma Boulevard. 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 applicant is requesting a zone change to Urban Mixed Use District for the subject property. This request is intended provide consistent zoning with the property to the west (1846 Algoma Blvd) to allow for the two lots to be combined into one, through a CSM. The applicant intends to have these lots combined to allow for a new, code compliant, garage to be constructed. The proposed UMU zoning is not consistent with the 2040 Comprehensive Land Use Plan recommendation of light density residential for the subject site. However, staff does not have concerns with proposed rezone to Urban Mixed Use as the Comprehensive Plan is not intended to be parcel specific and the purpose of this rezone is to allow for future improvements of the existing residential land use. The proposed UMU zoning will also be consistent with the neighboring properties to the south. For these reasons, staff is ITEM III: Rezone Vacant lot 1900 block Columbia Ave. 4 supportive of the proposed rezoning of subject site. Staff recommends approval with the findings and conditions listed in the staff report. Mr. Perry opened up technical questions to staff. Council Member Ford asked if they were asking for a rezone to eventually build a garage. Mr. Lyons said that they would like to take down the existing garage they have and build a new garage. This gives them the ability to do so on the new parcel they acquired. Ms. Propp asked if the House of Flowers was next to the residence. Mr. Lyons said it is. Ms. Propp asked if the current residence is zoned UMU even though it’s non-conforming. Mr. Lyons said that is correct and because there is an existing garage that is being replaced with a new garage, it can be handled through the existing UMU zoning district that is being added to that property. The UMU zoning already extends farther east than just the lot in question but it is still consistent with the area. Mr. Nielsen said that the comprehensive plan is not meant to be parcel specific so the plan allows for it. 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. 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 Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Scheuermann. Mr. Perry asked if there was any discussion on the motion. Motion carried 7-0. 1846 Algoma Blvd Rezone of adjoining vacant lot We would like to rezone the adjoining vacant lot next to our home at 1846 Algoma Blvd so it is zoned the same as our home property. This would be a changed from SR-9 to UMU. Ultimately we would like to remove our existing garage and build a new, larger, garage and this can only be done if we combine the two parcels, and in order to combine the parcels we need to rezone the vacant lot so the two of them are zoned the same. COLUMBIA AVCOLUMBIA AVHAMILTON STHAMILTON STC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/17/2022 1 in = 20 ft1 in = 0 mi¯0 COLUMBIA AVE0 COLUMBIA AVE 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 REZONE 0 COLUMBIA AVE PC: 11/1/2022 TK COMMERCIAL INVESTMENTS LLC 1934 ALGOMA BLVD OSHKOSH, WI 54901 QUINN REV TRUST 1922 COLUMBIA AVE OSHKOSH, WI 54901 LAKE SIDE CUSTOM BUILDERS LLC 1912 COLUMBIA AVE OSHKOSH, WI 54901 MICHAEL T TOUTANT 1906 COLUMBIA AVE OSHKOSH, WI 54901 JEFRREY L/DEBRA L ERSPAMER 1847 MINERVA ST OSHKOSH, WI 54901 ARLENE V MUELLER 1832 MINERVA ST OSHKOSH, WI 54901 HERMAN G/SHARON L SCHATZ LIVING TRUST 1140 N EAGLE ST APT 413 OSHKOSH, WI 54902 ANDREA D LYNCH 1839 MINERVA ST OSHKOSH, WI 54901 WAYNE/JULIE NADOLSKE 1846 ALGOMA BLVD OSHKOSH, WI 54901 ALGOMA BLVDALGOMA BLVDW MURDOCK AVW MURDOCK AV MINERVA STMINERVA STCOLUMBIA AVCOLUMBIA AVHAMILTON STHAMILTON STC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/13/2022 1 in = 120 ft1 in = 0.02 mi¯0 COLUMBIA AVE0 COLUMBIA AVE 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 SR-9 SR-5 I I I SR-3 SR-5 UMU UMU I-PDI-PD I MR-20-PD I-PD DR-6 MR-12 MR-20 UMU UMU-RFO SR-3 MR-12-PD UMU-PD SR-3-PD MR-12-PD DR-6 SR-5ALGOMA BLVDAL GOMA BLVDW LINWOOD AVW LINWOOD AV W MURDOCK AVW MURDOCK AV ELMWOOD AVELMWOOD AVHIGH AVHIGH AVSHERIDAN STSHERIDAN STCRANE STCRANE STPLYMOUTH STPLYMOUTH STMINERVA STMINERVA STHAMILTON STHAMILTON STWILSON AVWILSON AV COLUMBIA AVCOLUMBIA AV W BENT AVW BENT AV PPAARRKKSSIIDDEEDDRROLIVE STOLIVE STVV EE TT E E R R AA NN SS TT R R MITCHELL STMITCHELL STCC OO NN GG RREESS SS AAVVAARRBBOORREETTUUMMDDRR HHOOLLLLIISSTTEERR AA VV LAMAR AVLAMAR AV WINCHESTER AVWINCHESTER AV RRIIVVEERR MMII L L L L RRD D SR-5 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/13/2022 1 in = 500 ft1 in = 0.09 mi¯0 COLUMBIA AVE0 COLUMBIA AVE 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: 10/13/2022 1 in = 100 ft1 in = 0.02 mi¯0 COLUMBIA AVE0 COLUMBIA AVE 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