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Home My WebLink AboutItem VII PLAN COMMISSION STAFF REPORT February 7, 2023 ITEM VIII: PUBLIC HEARING: TEXT AMENDMENTS TO THE ZONING ORDINANCE RELATED TO IMPLEMENTATION OF THE CITY OF OSHKOSH HOUSING NEEDS ASSESSMENT GENERAL INFORMATION Applicant: Department of Community Development Actions Requested: The City of Oshkosh Department of Community Development requests the review and approval of amendments to the Oshkosh Zoning Ordinance. Applicable Ordinance Provisions: Section 30-380 of the Zoning Ordinance establishes the ability of the Common Council, on its own motion or on petition after first submitting the proposal to the City Plan Commission, to amend, supplement or change Zoning District boundaries or regulations of the Zoning Ordinance. BACKGROUND INFORMATION The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017. Since the adoption of the ordinance, staff has noticed a number of code sections that should be modified following further examination and discussion with the public and developers. As a response to the Housing Needs Assessment conducted in 2021, Planning Staff held workshops with both Common Council and Planning Commission on these proposed amendments to eliminate barriers to new affordable workforce housing. The Plan Commission workshop was held on August 2nd, 2022 and the Commissioners were in support of these amendments. ANALYSIS Staff proposes amendments to the following Zoning Ordinance code sections: The following amendments allow for use of the Accessory Dwelling Units (ADU) in several zoning districts. ADUs are smaller, independent residential dwelling units located on the same lot as a stand-alone (i.e., detached) single-family home. ADUs increase the opportunities for affordable workforce housing in the City of Oshkosh. Working in the coordination of reducing the minimum lot width, increasing density, reducing parking requirements in multifamily development districts, and eliminating the minimum dwelling size to free up lots that historically haven’t been able to be developed for housing sites. Item VII - Text Amendments-Zoning Ordinance 2 Section 30-22 Add ADU to definitions Accessory Dwelling Unit (ADU): A smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home. These amendments will add Accessory Dwelling Unit (ADU) Accessory uses permitted by right in following zoning districts. Section 30-36(D): to Add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for SR-2. (See 30-86 for additional info) Section 30-37(D): to Add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for SR-3. (See 30-86 for additional info) Section 30-38(D): Add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for SR-5 (See 30-86 for additional info) Section 30-39(D): Add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for SR-9. (See 30-86 for additional info) Section 30-40(D): Add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for DR-6 (See 30-86 for additional info) Section 30-41(D): Add Accessory Dwelling Unit (ADU) to “Accessory uses permitted by right” for TR-10 (See 30-86 for additional info) Section 30-74: Add Accessory Dwelling Unit (ADU) to the Accessory Land Use Table and update Land Use Table to include two-flat, duplex, and multiplex (3-4 units) where applicable. Update table to correspond changes Create 30-86(A): Add description to Accessory Land Uses and Structures. Accessory Dwelling Units (ADU) A smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home. Regulations: (1) An ADU can be up to 400 square feet in size. (2) An ADU cannot exceed the height of the primary structure and is permitted within a second story. (3) An ADU must meet accessory dwelling setbacks and required building separation for that district. (4) An ADU in the side yard must meet minimum side yard setbacks for that district. (5) Accessory Dwelling Unit (ADU) floor area does not count towards the maximum allowable residential accessory structure area. The following amendments reduce parking requirements that increase the developable area for multi-family housing developments, increase green space opportunities, reduces impervious surface, and reduces development cost for housing developers. Item VII - Text Amendments-Zoning Ordinance 3 Section 30-75(E)(5): amend parking to min. On per dwelling unit for townhouse Section 30-75(F)(4): amend parking to min. 1 per dwelling unit, plus one guest space per 4 units for multiplex Section 30-75(G)(4) parking to a minimum 1 space per dwelling unit, plus one guest space per 4 units for apartment. Figure 30-175a: minimum number of parking spaces for townhouse, multiplex, and apartment. The following amendments reduce the minimum lot width in the following districts to provide opportunities that historically haven’t been able to be developed for housing sites. Section 30-39(G): Minimum lot width to 30’ for SR-9 This amendment reduces the minimum lot width from 40’ to 30’. Section 30-40(G): Minimum lot width to 30’ for DR-6 This amendment reduces the minimum lot width from 60’ to 30’. Section 30-41(G): Minimum lot width to 30’ for TR-10 This amendment reduces the minimum lot width from 60’ to 30’. The following amendments allow for greater density in several districts to provide opportunities that historically haven’t been able to be developed for housing sites. Section 30-37(B): allow two-flat and duplex permitted in SR-3 Section 30-38(B): allow two-flat and duplex permitted in SR-5. Section 30-39(B): allow two-flat and duplex permitted in SR-9. Section 30-40(B): allow two-flat permitted in DR-6 Section 30-41(B): allow duplex permitted in TR-10 Section 30-40(C): allow multiplex (3-4 units) conditional use in DR-6 Section 30-41(C): allow multiplex (3-4 units) conditional in TR-10 The following amendments eliminate the minimum dwelling size in all districts to provide opportunities that historically haven’t been able to be developed for housing sites. Item VII - Text Amendments-Zoning Ordinance 4 Section 30-35(N): remove minimum dwelling unit structure area in RH-35 Section 30-36(G): remove minimum dwelling unit structure area in SR-2 Section 30-37(G): remove minimum dwelling unit structure area in SR-3 Section 30-38(G): remove minimum dwelling unit structure area in SR-5 Section 30-39(G): remove minimum dwelling unit structure area in SR-9 Section 30-40(G): remove minimum dwelling unit structure area in DR-6 Section 30-41(G): remove minimum dwelling unit structure area in TR-10 Section 30-42(G): remove minimum dwelling unit structure area in MR-12 Section 30-43(G): remove minimum dwelling unit structure area in MR-20 Section 30-44(G): remove minimum dwelling unit structure area in MR-36 Section 30-50(G): remove minimum dwelling unit structure area in I Section 30-51(G): remove minimum dwelling unit structure area in NMU Section 30-52(G): remove minimum dwelling unit structure area in SMU Section 30-54(G): remove minimum dwelling unit structure area in CMU Section 30-55(L): remove minimum dwelling unit structure area in RMU Staff feels these text amendments will assist in creating additional opportunities to develop housing that meets the diverse housing needs in the City of Oshkosh. RECOMMENDATION Staff recommends that the Plan Commission recommend approval of the proposed amendments to the Oshkosh Zoning Ordinance.