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Home My WebLink AboutItem III PLAN COMMISSION STAFF REPORT SEPTEMBER 19, 2023 ITEM III: PUBLIC HEARING: ZONE CHANGE FROM TWO FLAT RESIDENTIAL-10 ZONING DISTRICT WITH A PLANNED DEVELOPMENT (TR-10-PD) TO CENTRAL MIXED USE ZONING DISTRICT (CMU) FOR THE PROPERTY LOCATED AT 17 EAST PARKWAY AVENUE. GENERAL INFORMATION Applicant/Owner: Jeremy West/J West Rentals LLC Action(s) Requested: The applicant requests a zone change from the existing Two Flat Residential – 10 District with a Planned Development Overlay (TR-10-PD) to Central Mixed Use District (CMU) for the property located at 17 East Parkway 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 a 1,701 square foot parcel that is located on the south west side corner of Parkway Avenue and Jefferson Street. According to the City Assessors data, the property contains one building that was constructed in 1956 and is currently listed as vacant. The surrounding area consist of mainly commercial uses to the north, south, and west; residential to the east, along with an institutional land use to the north east. The 2040 Comprehensive Land Use Plan recommends Center City land uses for the subject area. Subject Site Existing Land Use Zoning Vacant TR-10-PD Recognized Neighborhood Organizations Downtown Adjacent Land Use and Zoning Existing Uses Zoning North Commercial UMU South Vacant CMU-PD East Residential TR-10-PD West Vacant CMU Page 1 ITEM III: Zone Change 17 E Parkway Avenue to CMU District 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 Central Mixed Use Zoning District for the subject property. The applicant intends to utilize the existing vacant building to store and sell pool tables. This type of commercial land use, retail sales, is not permitted in the current zoning district of TR-10-PD and therefore would be considered a legal non-conforming land use. The applicant intends on making improvements to the site but legal non-conforming land uses cannot be expanded. This re-zone request is intended to provide the proper zoning to allow for future improvements to occur on the lot as the land use will be permitted by right as well as bring it into harmony with the rest of the commercial block and 2040 Comprehensive Plan. The applicant stated they plan to pave a concrete loading area and install the proper stormwater features for appropriate drainage on the site, along with a 5’ buffer yard of green space to the west of said loading area. Page 2 ITEM III: Zone Change 17 E Parkway Avenue to CMU District September 12th, 2023 Street View looking southeast September 12th, 2023 Street View looking southwest Staff is supportive of the proposed rezone as it will assist in the future development of the site. Staff does not have concerns with proposed rezone to CMU as land uses allowed in that district meet the Center City land use recommendations in the 2040 Comprehensive Plan designated for this area. Page 3 ITEM III: Zone Change 17 E Parkway Avenue to CMU District 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 zone change with the findings listed above. Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 ZONE CHANGE 17 E PARKWAY AVE PC: 9-19-2023 500 BLOCK NORTH LLC 448 N MAIN ST OSHKOSH WI 54901 J WEST RENTALS LLC 570 N MAIN ST OSHKOSH WI 54901 576 578 582 N MAIN STREET LLC 578 N MAIN ST OSHKOSH WI 54901 ALFRED J/BONNIE M/JEFFREY J VERNER 1102 N UNION ST APPLETON WI 54911 600 NORTH MAIN LLC 600 N MAIN ST OSHKOSH WI 54901 VICTORY BAPTIST CHURCH 608 JEFFERSON ST OSHKOSH WI 54901 572 JEFFERSON STREET LLC PO BOX 1835 OSHKOSH WI 54903 R & M ENTERPRISES 527 MOUNT VERNON ST OSHKOSH WI 54901 D & M RENTALS LLC 522 W 12TH AVE OSHKOSH WI 54902 Page 12 IDAAV W PARKWAY AV HUDSON AV E PARKWAY AV OXFORD AV MT VERNON ST DIVISION ST JEFFERSON ST N MAIN ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/17/2023 1 in = 120 ft1 in = 0.02 mi¯17 E PARKWAY AVENUE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 13 BAY STWAUGOO AV POWERS ST MONROE ST E PARKWAY AV EASTMAN ST MERRITT AV JEFFERSON ST STERLING AV W PARKWAY AV E LINCOLN AV SCHOOL AVDIVISION ST NORTHWESTERN AV BROAD ST VILAS AV HUDSON AV PEARL AV DIVISION ST CITY CENTER PEARL AV OTTERAV MARSTON PL FULTON AV W LINCOLN AV IDA AV FULTON AV COURT ST STERLING AV MT VERNON ST GRAND ST CHURCH AV MARKETST DIVISION ST BROWN ST MARKETST MT VERNON ST DIVISION ST CENTRAL ST FREDERICK ST AMHERST AV UNION AV MARION RD CHURCH AV FREDERICK ST FRANKLIN ST CENTRAL ST WRIGHT ST PLEASANT ST MADISON ST JEFFERSON ST MONROE ST OXFORD AV DALE AV GRAND ST MT VERNON ST STATE ST C OMMERCE ST BROADST FRANKLIN ST CENTRAL ST BROAD ST BROAD ST BROA D S T E IRVING AVW IRVING AV WASHINGTON AV JACKSON ST HIGH AV ALGOMA BLVD N MAIN ST N MAIN ST CMU CMU CMU CMU CMU-PD CMU-PD CMU-RFO I I I I I I I I-PD I-PD I-PD I-PD I-PD I-PD I-UTO MULTIPLE RMU-PD-RFO SR-9 TR-10 TR-10 TR-10 TR-10 TR-10-PD TR-10-PD UMU UMU UMU UMU UMU UMU UMU-PD UMU-PDUMU-PD UMU-UTO J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/17/2023 1 in = 500 ft1 in = 0.09 mi¯17 E PARKWAY AVENUE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 14 HUDSONAV E PARKWAY AV OXFORDAV W PARKWAY AV MT VERNON ST JEFFERSON ST N MAIN ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 8/17/2023 1 in = 100 ft1 in = 0.02 mi¯17 E PARKWAY AVENUE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 15