HomeMy WebLinkAbout09-70MARCH 10, 2009
09 -70 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE CONDITIONAL USE PERMIT AND PLANNED
DEVELOPMENT ON THE WEST SIDE OF SOUTH MAIN STREET
BETWEEN WEST 10TH AVENUE AND WEST 15TH AVENUE
INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT
PLAN COMMISSION RECOMMENDATION: Approved with conditions
BE IT RESOLVED by the Common Council of the City of Oshkosh that a
conditional use permit is hereby granted to set forth parameters for the planned
development of the area on the west side of South Main Street, between West 10th
Avenue and West 15th Avenue, with the following conditions:
1) Existing legal conforming industrial uses are considered to be legal conforming
uses within the Planned Development Overlay District. Such legal uses may continue
and be transferred to other M -1 district uses without having to obtain additional
conditional use permits as long as no building or site improvements are proposed.
2) If an existing legal conforming commercial or industrial structure is damaged by
fire, explosion, act of god or the public enemy to an extent less than 50% of its
assessed value at the time of damage, the commercial or industrial structure may be
repaired in accordance with code regulations and will not require additional review and
approval as required in the Planned Development Overlay District.
3) New multiple family, commercial or industrial structures, repairs to existing
structures greater than 50% of the assessed value at the time of the repair, or
expansions to said structures are not permitted unless development plans are
brought forward for review and approval by the Plan Commission and Common
Council as required in the Planned Development Overlay District. Minor
alterations and building modifications needed to address specific building and
housing code issues will not require additional review and approval provided the
modification is the minimum necessary to correct the issue.
0
OfHKOlH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Ki
Director of Co ity Development
DATE: March 5, 2009
RE: Approve Conditional Use Permit and Planned Development on the west side of S.
Main Street between W. 10th Avenue and W. 15th Avenue (Plan Commission
Recommends Approval)
BACKGROUND /SUBJECT PROP
The actions requested are resulting from a property owner's interest in changing the
nonconforming use status of their property. Because the subject area contains existing
manufacturing uses, which are permitted only by conditional use permit in a C -3 Central
Commercial zoning district, a conditional use permit and Planned Development is proposed to
allow them as permitted uses in the C -3 district until such time as they change use or are
redeveloped.
Late last year a property owner within the subject area approached the City to request a zone
change to remove her property from nonconforming use status due to some mortgage refinancing
issues. In reviewing the land use pattern in the general area where the subject property was
located, the Planning Services Division concluded that the request was warranted, but rather than
changing the zoning on just one parcel it was decided that the more appropriate course of action
would be to have the Department initiate a zone change for the entire area between W. 10
Avenue and W. 15 Avenue. It was felt the manufacturing zoning classification was no longer
the appropriate base zone for this area, which led to the current zone change request before
Council. Final action on the zone change from M -2 to C -3 PD is scheduled for the March 10th
Council meeting.
The subject five acre area is zoned M -2 Central Industrial District and is located along the west
side of South Main Street running from W. 10th Avenue south to W. 15th Avenue. The subject
area contains 31 parcels owned by 27 property owners. Currently all residential uses in the
subject rezone area, which comprise 61% of all parcels in this area, are considered
nonconforming uses due to the industrial zoning classification. After analyzing the land use
pattern along South Main Street, the proposed zone change to a commercial zoning classification
would both alleviate the nonconforming use issue and provide the flexibility to allow a number
of uses such as residential, commercial and light industrial uses. This request is for approval of
the conditional use permit /planned development necessary to allow the existing legal conforming
uses in this area to continue.
ANALYSIS
The area included in the rezone request is a mixed use area with residential, commercial, light
industrial, and parking uses. The PD overlay district designation is proposed due to the number
of different uses in each of the blocks with differing setback requirements and permits more
flexibility with the underlying zoning requirements. The conditional use permit /planned
development approval would allow the existing legal conforming industrial uses to continue and
be transferred to other M -1 district uses without obtaining additional CUP approval provided no
site improvements are proposed. It also allows for an existing use to be repaired provided that it
is less than 50% of its assessed value without additional review and approvals.
FISCAL IMPACT
No immediate fiscal impact anticipated, however, over the long term the area may see increased
investment and in turn increased property values as the residential properties will no longer be
under the constraint of the nonconforming regulations.
RECOMMENDATION
The Plan Commission approved of this request at its February 3, 2009 meeting.
Approved,
City Manager
ITEM: GRANT CONDITIONAL USE PERMIT; APPROVE PLANNED
DF.WTOPMENT AND ZONE CHANGE FROM M -2 CENTRAI
TRICT TO C -3PD CENTRAL COMMERCIAL D
WITH PLANNED DEVELOPMENT OVERLAY FOR PROPERTY
LOCA ON THE WEST SIDE OF SOUTH MAIN STREET BE]
It17
Plan Commission meeting of February 3, 2009
GENERAL INFORMATION
Applicant: City Administration
Property Owners: Multiple
Action(s) Requested:
Zone change from M -2 Central Industrial District to C -3 PD Central Commercial District with a
Planned Development Overlay.
Applicable Ordinance Provisions:
The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning
but relies on the Comprehensive Plan, redevelopment plans and good planning principles.
Property Location and Background Information:
The subject five acre area is zoned M -2 Central Industrial District. It is located on the west side of
South Main Street running from W. 10 Avenue south to West 15 Avenue. The subject area
contains 31 parcels owned by 27 property owners. Late last year, Planning Services was contacted
by a residential property owner within the subject area who was unable to refinance her home due
to its M -2 zoning classification, which prohibits residential uses and makes all existing residential
uses nonconforming. Planning staff analyzed the existing land use pattern along South Main
Street and compared that with the recommended land -use from the Comprehensive Plan, and as a
result, is proposing a zone change to help alleviate the residential nonconforming issue. The
commercial zoning is proposed because of its flexibility in allowing a number of uses such as
residential, commercial, and light industrial uses.
Subiect Site
Residential
M -2
Adiacent Land Use and Zonin
��` sxtsttrigLa�td Uses �� � �` caning >'`� ti k,
North Commercial M -2 DO
South Commercial M -2
East Industrial (across Main Street) M -2
West I Single & Two - Residential R -2
�`G!am reher�st.e,Plan%za�id { Use Reedritendat�an �k` :�, � ;,' ��
Laid Use .,z�
10 Year Land Use Recommendation
Mixed Downtown
20 Year Land Use Recommendation
Mixed Downtown
ANALYSIS
The area included in the rezone request is a mixed use area with existing one and two - family
residential uses comprising approximately 61% of all parcels and 53% of total land area. These 19
parcels are all currently considered to be legal nonconforming uses meaning that the existing use
of a structure or premises may be continued but may not be extended and if it is discontinued for a
period of a year or if the structure is damaged more than 50% of its assessed value, it may no
longer be used as a residential dwelling. The rezoning area also includes six commercial parcels
comprising 19% of the properties and 24% of the land area. Two parking lots and two vacant
properties equal 13% of the parcels and 9% of the land area. Lastly, two parcels making up 6.5%
of the parcels and 13.5% of the land area are industrial in nature. The use breakdown is depicted
in the table below.
LAND
USE BREAKDOWN
Use
Number of Parcels
Acreage
Single Family
10
1.19
Commercial
6
1.19
Parking
2
0.27
oi
Total
31
4.97
A rezoning to the C -3 District will make all of the residential, commercial and parking uses
permitted uses in the zoning district. The two industrial uses (warehousing) will also be permitted,
but as conditional uses. The attached Zoning Comparison Table lists uses permitted (P) and
conditionally permitted (C) in both the existing M -2 District and the proposed C -3 District.
Highlighted uses are contained within the subject rezoning area.
The PD overlay district designation is proposed due to the number of different uses in each of the
blocks and the differing setback requirements for each of these uses that given the size of the
parcels may be difficult to achieve. The Planned Development designation permits more
flexibility with the underlying zoning requirements versus requiring Board of Appeal variances for
each conflict with the Zoning Ordinance, which have a different and more restrictive standard for
approval. The exact language for the Conditional Use Permit and PD is recommended in items 1 -3
below:
1. Existing legal conforming industrial uses are considered to be legal conforming uses within the
Planned Development Overlay District. Such legal uses may continue and be transferred to
other M -1 district uses without having to obtain additional conditional use permits as long as
no building or site improvements are proposed.
Item — RezoneSouthDlainStreet
2. If an existing legal conforming commercial or industrial structure is damaged by fire,
explosion, act of god or the public enemy to an extent less than 50% of its assessed value at the
time of damage, the commercial or industrial structure may be repaired in accordance with
code regulations and will not require additional review and approval as required in the Planned
Development Overlay District.
3. New multiple family, commercial or industrial structures, repairs to existing structures greater
than 50% of the assessed value at the time of the repair, or expansions to said structures are not
permitted unless development plans are brought forward for review and approval by the Plan
Commission and Common Council as required in the Planned Development Overlay District.
Minor alterations and building modifications needed to address specific building and housing
code issues will not require additional review and approval provided the modification is the
minimum necessary to correct the issue.
The City's Comprehensive Plan Land Use maps identify areas of the community where the
existing zoning is not consistent with the recommended land use. Many of these involve changing
central industrial classifications, which reflect the industrial heritage of the area, to central
commercial classifications that offer more flexibility with respect to permitting residential and
mixed uses, which are currently prohibited in the industrial district. Staff initiated this zone
change to bring the subject area into compliance with the Comprehensive Plan and this zone
change will also help to maintain the health of the residential properties in this area that will
provide the residential property owners the ability to make significant improvements to their
properties without running into conflicts with the Zoning Ordinance.
RECOMMENDATION /CONDITIONS
Zone Change
The Department of Community Development recommends approval of rezoning from M -2 to C -3
PD, as proposed.
Conditional Use Permit/Planned Development
The Department of Community Development recommends approval of the Conditional Use
Permit/Planned Development for the area subject to the following conditions:
1. Existing legal conforming industrial uses are considered to be legal conforming uses within the
Planned Development Overlay District. Such legal uses may continue and be transferred to
other M -1 district uses without having to obtain additional conditional use permits as long as
no building or site improvements are proposed.
2. If an existing legal conforming commercial or industrial structure is damaged by fire,
explosion, act of god or the public enemy to an extent less than 50% of its assessed value at the
time of damage, the commercial or industrial structure may be repaired in accordance with
code regulations and will not require additional review and approval as required in the Planned
Development Overlay District.
Item — RezoneSouthMainStreet
New multiple family, commercial or industrial structures, repairs to existing structures greater
than 50% of the assessed at the time of the repair, or expansions to said structures are not
permitted unless development plans are brought forward for review and approval by the Plan
Commission and Common Council as required in the Planned Development Overlay District.
Minor alterations and building modifications needed to address specific building and housing
code issues will not require additional review and approval provided the modification is the
minimum necessary to correct the issue.
The Plan Commission approved of the rezoning from M -2 to C -3 PD, as proposed and the
Conditional Use Permit/Planned Development for the area as requested with conditions noted.
The following is the Plan Commission's discussion on this item.
Mr. Buck presented the item and explained that the zone change was being considered due to a
residential property owner within the subject area who contacted the city regarding her inability to
refinance her home due to its M -2 zoning classification which prohibits residential uses and makes
all existing residential uses nonconforming. Mr. Buck reviewed the current uses in the subject
area and also the municipal code definitions that cover the nonconforming use regulations. He
also explained the three conditions recommended for the Conditional Use Permit/Planned
Development approval for the area and stated that the Comprehensive Plan designated this area as
a mixed use downtown district.
Mr. Borsuk questioned how the C -3PD zoning classification compares to the M -2DO
classification.
Mr. Burich responded that the C -3PD classification allows residential uses and the M -2 does not
and that since the majority of uses in the subject area are residential, that C -3 is probably the best
and most flexible zoning district.
Mr. Nollenberger inquired how this situation came about.
Mr. Burich responded that the subject area is an old part of the city which at one time was part of
the central industrial core of the community.
Mr. Thoms asked if there were other areas of the city with outdated zoning classifications that
require review.
Mr. Burich replied that staff is currently working on reviewing this issue to determine other areas
of the city which may also require a zone classification change to address current uses.
Mr. Thoms inquired if the zone change would place restrictions on single family homes in the
subject area.
Mr. Buck responded that both single and two - family uses are permitted in the C -3PD district;
however base standard modifications or variances may have to be granted if repairs or expansions
to existing structures were greater than 50% of the assessed value.
Mr. Burich added that base standard modifications or variances would be required if the
improvements to a site could not meet the necessary setbacks and special exceptions would be
Item — RezoneSouthMainStreet
considered for smaller lots. The C -3 zoning classification offers more flexibility for existing uses
and the Planned Development district allows for more modifications to be granted if necessary.
Ms. Propp questioned if the zone change would make all the current uses legal conforming uses.
Mr. Burich responded that it would and further stated that any extensive additions or expansions to
a site would require coming to the Plan Commission and Common Council for the necessary
approvals, however this would not apply to internal or minor renovations to a property.
Tom Reinsch, representing Eileen Bauman, owner of 1424 South Main Street, inquired what the
City's goal or plans were for the proposed rezoned area and if multiple family uses would be
allowed in the C -3 district.
Mr. Buck responded that the Comprehensive Plan designates this area to be a mixed use with a
combination of commercial, light industrial and residential uses.
Mr. Burich added that the City had no immediate plans at this time for this area but was merely
adjusting the zoning classification to coincide with the Comprehensive Plan and the majority of
current uses in the subject area. The C -3 classification was currently the most appropriate base
zone district for this area as the previous manufacturing zoning district was no longer an
appropriate classification for this location. The change in zoning would help to preserve the
residential uses that currently exist in this area and would also allow multiple family uses as well.
Mr. Borsuk asked if there was any feedback from the industrial uses in this location.
Mr. Buck replied that a neighborhood meeting was held on January 14th regarding the proposed
zone change, but no one representing any of the industrial properties was present to comment. A
few phone calls were received regarding the matter as well, but none of them were from any of the
industrial sites in the area.
Commission members briefly discussed other areas of the city that should be reviewed for a
possible zone reclassification and the time frame for handling these issues.
Motion by Nollenberger to grant the conditional use permit; approve planned development
and zone change from M -2 Central Industrial District to C -3PD Central Commercial
District with Planned Development Overlay for property located on the west side of South
Main Street between West 10th Avenue to West 15th Avenue with the following conditions:
1. Existing legal conforming industrial uses are considered to be legal conforming uses
within the Planned Development Overlay District. Such legal uses may continue and be
transferred to other M -1 district uses without having to obtain additional conditional use
permits as long as no building or site improvements are proposed.
2. If an existing legal conforming commercial or industrial structure is damaged by fire,
explosion, act ofgod or the public enemy to an extent less than 50% of its assessed value at
the time of damage, the commercial or industrial structure may be repaired in accordance
with code regulations and will not require additional review and approval as required in
the Planned Development Overlay District.
Item — RezoneSouthMainStreet
3. New multiple family, commercial or industrial structures, repairs to existing structures
greater than 50% of the assessed at the time of the repair, or expansions to said structures
are not permitted unless development plans are brought forward for review and approval
by the Plan Commission and Common Council as required in the Planned Development
Overlay District. Minor alterations and building modifications needed to address specific
building and housing code issues will not require additional review and approval provided
the modification is the minimum necessary to correct the issue.
Seconded by Thoms. Motion carried 5 -0.
Item — RezoneSouthWnStreet
zoning:M96
SOUTH MAIN STREET
ZONING COMPARISON
P = Permitted Use C = Conditional Use (requires Counil Approval)
GENERAL U S E
C -3 CENTRAL COMMERCIAL
DISTRICT
M -2 CENTRAL INDUSTRIAL
DISTRICT
Acid Manufacturer
C
Animal HospitalNeterinadan (excluding open kennel)
P
P
Art Center /Gallery
P
P
Asphalt/Concrete Plant
C
Auction Establishment
Auto Service /Repair (excluding body shop)
P
�
C
P
r
C
Banks /Financial Institution
P
P
Bed and Breakfast Inn
P
Billiard Room
P
P
Bowling Alley
P
P
Bus Depot
P
P
Bus Garage /Repair Shop
C
P
Cemetery
C
C
Cleaners (commercial)
P
P
Clinic
P
P
Clubs, private /Lodges
P
P
Clubs, Semi - Public
C
Colleges (including residence halls)
C
Community Centers
P
P
Contractor's Yard
C
P
Convention Hall
P
P
Dance Hall
P
P
Day Care Center
C
C
Day Care Center, Family (8 or less children)
P
Day Care Center, Family (9 or more children)
C
Distribution Center
C
P
Dormitories
C
Dry Cleaners (collection & distribution only)
P
P
Dwelling, Multiple Family
Engraving Establishment
P
P
P
Exhibition Hall
P
P
Explosive Manufacturing & Storage
C
Fat Rendering
C
Fertilizer Manufacturing
C
Fraternity or Sorority House
P
Funeral Home
P
P
Garbage or Rubbish Dumping
C
Glue Manufacturing
C
Governmental Structure
P
P
Greenhouse (commercial)
C
P
Group Homes: Less than 8 persons
P
More than 9 persons
P
Less than 15 persons
P
More than 16 persons
C
Home Occupation
P
Hospital, Mental or Psychiatric
C
C
Hospital
P
P
Hotel /Motel
P
Please refer to the Zoning Code for Page
complete use listing. 1 of 2
sA
Please refer to the Zoning Code for
complete use listing.
Page
2 of 2
7
P = Permitted Use C = Conditional Use (requires Counil Approval)
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DISCLAIMER REZONING S MAIN ST
This map Is neither a legally recorded map nor
a survey and It is not Intended to be used as one. 1 OTH AV TO 15TH AV N 01HKOfH
This drawing is a compilation of records, data
and Information located In various city, county 11 /l_� TO C_3 P D mE wA �
and state offices and other sources affecting � 1/
the area shown and it is to be used for reference City of Oshkosh
purposes only. The City of Oshkosh is not re- Department of
sponsible for any Inaccuracies herein contained.
If discrepencies are found please contact the Community Development
City of Oshkosh. Scale. 1 = 250
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