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Home My WebLink AboutItem III PLAN COMMISSION STAFF REPORT FEBRUARY 7, 2023 ITEM III: PUBLIC HEARING: ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL- 5 DISTRICT (SR-5) AND INSTITUTIONAL DISTRICT (I) TO SUBURBAN MIXED USE (SMU) FOR PROPERTIES LOCATED ON SOUTH SIDE OF THE 2100 BLOCK OF W. 9TH AVENUE GENERAL INFORMATION Applicant: Scott Andersen, Davel Engineering, Inc. Owners: 6th Ward, LLC and the City of Oshkosh Action(s) Requested: The applicant requests a zone change from the existing Single Family Residential – 5 District (SR- 5) and Institutional District (I) to Suburban Mixed Use District (SMU) for properties located on the south side of the 2100 Block of W. 9th 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 area consists of three lots (2017, 2115 & 2125) along the south side of W. 9th Avenue and a portion of a land-locked City-owned lot south of 2125 W. 9th Avenue. The three lots fronting W 9th Ave. are currently zoned SR-5 and previously had single family homes that were recently razed. The subject site to the south of 2125 W 9th Ave. is zoned I and is part of a City- owned storm water basin. The surrounding area consists primarily of commercial uses along with multi-family residential to the northwest. The 2040 Comprehensive Land Use Plan recommends Interstate Commercial uses for the subject area. Subject Site Existing Land Use Zoning Vacant Single Family Residential-5 (SR- 5) & Institutional (I) Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning Existing Uses Zoning North Commercial Suburban Mixed-Use (SMU) South Institutional Institutional Page 1 ITEM III: Rezone south side 2100 block W 9th Ave. 2 East Commercial Suburban Mixed-Use (SMU) West Service Suburban Mixed-Use (SMU) Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Interstate Commercial ANALYSIS Zone Change The applicant is requesting a zone change to Suburban Mixed Use District (SMU) for the subject properties fronting W 9th Ave and the northern portion of the City-owned property to the south of 2125 W 9th Ave. This request is intended provide appropriate zoning for future commercial use of the properties. The applicant intends to have these three lots and the northern portion of the lot to the south of 2125 combined into one lot for future commercial development. The rezone will provide consistent zoning for the properties, which is needed to complete a CSM to combine them. Page 2 ITEM III: Rezone south side 2100 block W 9th Ave. 3 Staff is supportive of the proposed rezone to SMU as this zoning designation is consistent with the 2040 Comprehensive Land Use Plan recommendation of Interstate Commercial for the subject area. The proposed SMU zoning will also be consistent with the neighboring properties to the north, east, and west. 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. Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 REZONE 2100 BLOCK W 9TH AVE PC: 2-07-2023 RED MOON HOLDINGS LLC 3807 STATE ROAD 21 A OSHKOSH, WI 54904 TOWER ASSOCIATES LLC PO BOX 3808 OSHKOSH, WI 54903 AMERICAN INVESTMENTS LLC 1585 W 20TH AVE OSHKOSH, WI 54902 WESNER REAL ESTATE LLC 1440 S COMMERCIAL ST NEENAH, WI 54956 STEVEN/REGINA SOBOJINSKI 909 S WASHBURN ST OSHKOSH, WI 54904 MIDLAND OSHKOSH ASSOCIATES 1604 ALTA VISTA AVE MILWAUKEE, WI 53213 CUMBERLAND COURT MASTER DEV LLC 600 MERRITT AVE OSHKOSH, WI 54901 CITY OF OSHKOSH PO BOX 1130 OSHKOSH, WI 54903 DAVEL ENGINEERING INC 1164 PROVINCE TERR MENASHA, WI 54952 THE 6TH WARD LLC 615 S MAIN ST OSHKOSH, WI 54902 Page 13 W 9TH AVW 9TH AV SS WW AA S S HH B B UU RR NN SS TT WW 99TTHHAAVV SS WW AA SS HH BB UU RR NN SS TT C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 12/29/2022 1 in = 120 ft1 in = 0.02 mi¯2100 BLOCK W 9TH AVE2100 BLOCK W 9TH 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 Page 14 SR-5 SMU I I I SMU-PD SMU-PD MR-12 MR-12 DR-6 I I-PD SMU DR-6 SR-5 SMU-PD SMU-PD MR-12 Westhaven Golf Course !"#$41 !"#$41 W 9TH AVW 9TH AV SSWWEESSTTHHAAVVEENNDDRR SS KKOO EELLLLEERR SSTT SS WWAASSHH BB UU RRNN SS TT SS KK OO EE LL LL EE R R SS TT ABBEY AVABBEY AV MM AA RR II CCOOPP AA DD RR GREENFIELD TR GREENFIELD TR H H EE RRIITTAAGGEETTRR GRACELAND DR GRACELAND DR CC UUMMBBEERRLLAANNDD TTRR GOLDEN AVGOLDEN AV AA RR DD MM OO RR EE TTRR HENNESSY ST HENNESSY ST CC AA MM DD E E NN L L A A ARCADIA AVARCADIA AV DD II CC KKIINNSSOONN AAVV KKIINNGGSSTTOO NN PP LL MENARD DRMENARD DR VIKIN G C T VIKIN G C T C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 12/29/2022 1 in = 500 ft1 in = 0.09 mi¯2100 BLOCK W 9TH2100 BLOCK W 9TH 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 Page 15 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 12/29/2022 1 in = 100 ft1 in = 0.02 mi¯2100 BLOCK W 9TH AVE2100 BLOCK W 9TH 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 Page 16