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Home My WebLink About23A. 22-471NOVEMBER 9, 2022 22-471 ORDINANCE FIRST READING (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM CENTRAL MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (CMU- PD) TO TWO FLAT RESIDENTIAL DISTRICT (TR-10) FOR PROPERTY LOCATED AT 14 WEST 11TH AVENUE INITIATED BY: DAVEL ENGINEERING INC. 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 14 West 11th Avenue from Central Mixed Use District with a Planned Development Overlay (CMU-PD) to Two Flat Residential District (TR-10). BEING ALL OF LOT 19, BLOCK 21 AND NORTH ½ OF THE ADJACENT RIGHT-OF- WAY OF W. 11TH AVENUE, ALL IN THE ORIGINAL THIRD WARD PLAT, LOCATED IN THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF FRACTIONAL SECTION 25, 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 #22-XXX APPROVE ZONE CHANGE FROM CENTRAL MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (CMU-PD) TO TWO FLAT NOVEMBER 9, 2022 22-471 ORDINANCE FIRST READING CONT’D RESIDENTIAL DISTRICT (TR-10) FOR PROPERTY LOCATED AT 14 WEST 11TH AVENUE on November 22, 2022. This ordinance changes the zoning of the property located at 14 West 11th Avenue from Central Mixed Use District with a Planned Development Overlay (CMU-PD) to Two Flat Residential District (TR-10). 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 Central Mixed Use District with a Planned Development Overlay (CMU-PD) to Two Flat Residential District (TR-10) for Property Located at 14 West 11th Avenue BACKGROUND The applicant requests a zone change from the Central Mixed Use District with a Planned Development Overlay (CMU-PD) to Two Flat Residential District (TR-10) for the property located at 14 West 11th Avenue. The subject property is 7,500 square feet in size and located on the north side of West 11th Avenue between South Main Street and Nebraska Street. The subject site is zoned CMU-PD and contains a single family home with a detached garage. The surrounding area consists primarily of residential uses along with commercial uses on South Main Street to the northeast, east, and southeast. The 2040 Comprehensive Land Use Plans recommends center city uses for the subject area. ANALYSIS The applicant is requesting a zone change to Two Flat Residential for the subject property. This request is intended provide consistent zoning with the property to the west (a vacant parcel owned by the applicant) to allow for the two lots to be combined into a single lot via CSM. The applicant intends to have these lots combined to allow for future improvements of the lot(s). The proposed TR-10 zoning is not consistent with the 2040 Comprehensive Land Use Plan recommendation of center city for the subject site. However, staff does not have concerns with the proposed rezone to Two Flat Residential 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 rezone will not have a negative impact in surrounding properties as it is consistent with the one and two family land use pattern along West 11th Avenue. 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, Planning Services Manager Mark A. Rohloff, City Manager ITEM: PUBLIC HEARING: ZONE CHANGE FROM CENTRAL MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (CMU-PD) TO TWO FLAT RESIDENTIAL DISTRICT (TR-10) FOR A PROPERTY LOCATED AT 14 W 11TH AVENUE Plan Commission meeting of November 1, 2022. GENERAL INFORMATION Applicant: Davel Engineering Inc. Owner: James & Linda Mathe Action(s) Requested: The applicant requests a zone change from the Central Mixed Use District with a Planned Development Overlay (CMU-PD) to Two Flat Residential District (TR-10) for the property located at 14 W 11th Avenue. 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 7500 square feet in size and located on the north side of 11th Ave, between S Main St and Nebraska St. The subject site is zoned CMU-PD and contains a single family home with a detached garage. The surrounding area consists primarily of residential uses along with commercial uses on S Main St to the northeast, east, and southeast. The 2040 Comprehensive Land Use Plans recommends center city uses for the subject area. Subject Site Existing Land Use Zoning Single family residential CMU-PD Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning Existing Uses Zoning North Institutional CMU-PD South Residential CMU-PD East Residential CMU-PD West Institutional TR-10 ITEM IV: Rezone 14 W 11th Avenue 2 Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Center City ANALYSIS Zone Change The applicant is requesting a zone change to Two Flat Residential for the subject property. This request is intended provide consistent zoning with the property to the west (a vacant parcel owned by the applicant) 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 future improvements of the lot(s). The proposed TR-10 zoning is not consistent with the 2040 Comprehensive Land Use Plan recommendation of center city for the subject site. However, staff does not have concerns with the proposed rezone to Two Flat Residential 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 rezone will not have a negative impact in surrounding properties as it is consistent with the one and two family land use pattern along W 11th Ave. For these reasons, staff is supportive of the proposed rezoning of subject site. ITEM IV: Rezone 14 W 11th Avenue 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 1, 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 Central Mixed Use District with a Planned Development Overlay (CMU-PD) to Two Flat Residential District (TR-10) for a property located at 14 W 11th Avenue. Mr. Nielsen 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 Two Flat Residential for the subject property. This request is intended provide consistent zoning with the property to the west (Vacant Parcel owned by applicant) 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 future improvements of the lot(s). The proposed TR-10 zoning is not consistent with the 2040 Comprehensive Land Use Plan recommendation of center city for the subject site. However, staff does not have concerns with the proposed rezone to Two Flat Residential 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 rezone will not have a negative ITEM IV: Rezone 14 W 11th Avenue 4 impact in surrounding properties as it is consistent with the one and two family land use pattern along W 11th Ave. For these reasons, staff is 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. Mr. Loewenstein asked for clarification on the acronyms used. Mr. Lyons said the CMU is Commercial Mixed Use primarily used in the downtown area and allows a mixture of office, commercial, residential. TR-10 is Two Flat Residential and is primarily a kind medium density residential district that allows single family and some duplex land uses. 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. 14 W 11th Ave Rezone We would like to rezone our home property to TR-10 so that is matches the adjoining vacant lot. This would be a change from CMU-PD to TR-10. Ultimately we would like to combine our home property, 14 W 11th Ave, with the adjoining vacant parcel and in order to do that the two parcels need to have the same zoning. REZONE 14 W 11TH AVE PC: 11/1/2022 MICHELE MARKS W5478 COUNTY ROAD FN NESHKORO, WI 54960 TITAN COMMERCIAL LLC 923 S MAIN ST STE E OSHKOSH, WI 54902 ABRAHAM M MCCRAE/JULIE A FREDERICK 24 W 11TH AVE OSHKOSH, WI 54902 DAVIES INC G.S. 1241 GLANE CT OSHKOSH, WI 54902 ENVISION PROPERTIES LLC 1931 MOUNT VERNON ST OSHKOSH, WI 54901 JEFFREY D/ANN KOPLITZ 19 W 11TH AVE OSHKOSH, WI 54902 JENNIFER M PONFIL 321 IDAHO ST OSHKOSH, WI 54901 G S DAVIES INC 1241 GLANE CT OSHKOSH, WI 54902 RICHARD C AULER 2886 FOND DU LAC RD OSHKOSH, WI 54902 BREWERS POINT LLC 4711 PLUMMERS POINT RD OSHKOSH, WI 54904 DAVEL ENGINEERING INC (SCOTT ANDERSON) 1164 PROVINCE TERR MENASHA, WI 54952 JAMES R/LINDA M MATHE 14 W 11TH AVE OSHKOSH, WI 54902 S MAIN STS MAIN STNEBRASKA STNEBRASKA STW 11TH AVW 11TH AV W 10TH AVW 10TH AV W 12TH AVW 12TH AV E 10TH AVE 10TH AV E 11TH AVE 11TH AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/6/2022 1 in = 120 ft1 in = 0.02 mi¯14 W 11TH AVE14 W 11TH 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 TR-10 HI I CMU UMU I CMU-PD RMU-PD-RFO RMU-PD UMU I-PD-RFO RMU-PD-RFO UMU UMU I-PD TR-10 I I-PD UMU-RFO TR-10 I I CMU-PD I I-PD I UMU-PD RMU-PD-RFO I I CMU UMU-PD RMU-PD CMU-RFOCMU-PD-RFO RMU-PD CMU-RFO RMU-RFO I-RFO I-PD RMU-PD CMU-PD RMU-PD Oshkosh City LimitOshkosh City LimitS MAIN STS MAIN STOREGON STOREGON STW 9TH AVW 9TH AV W SOUTH PARK AVW SOUTH PARK AV NEBRASKA STNEBRASKA STMINNESOTA STMINNESOTA STW 7TH AVW 7TH AV W 6TH AVW 6TH AV W 8TH AVW 8TH AV W 11TH AVW 11TH AV W 10TH AVW 10TH AV W 12TH AVW 12TH AV W 14TH AVW 14TH AV W 15TH AVW 15TH AV W 16TH AVW 16TH AV PIONEER DRPIONEER DRE 10TH AVE 10TH AV BROAD STBROAD STE 9TH AVE 9TH AV E 14TH AVE 14TH AV E 11TH AVE 11TH AV DOTY STDOTY STE 15TH AVE 15TH AV E 7TH AVE 7TH AV UMU C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/6/2022 1 in = 500 ft1 in = 0.09 mi¯14 W 11TH AVE14 W 11TH 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: 10/6/2022 1 in = 100 ft1 in = 0.02 mi¯14 W 11TH AVE14 W 11TH 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