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Home My WebLink About09-154APRIL 14, 2009 APRIL 28, 2009 09 -96 09 -154 ORDINANCE FIRST READING SECOND READING (CARRIED 5 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM R -2 TWO FAMILY RESIDENCE WITH A PLANNED DEVELOPMENT OVERLAY TO C -3 CENTRAL COMMERCIAL WITH A DOWNTOWN OVERLAY / 17 EAST PARKWAY AVENUE AND ADJACENT VACANT LOT TO THE SOUTH INITIATED BY: JEFF VERNER ETAL PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 16(6) 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 -16(B) of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the following described properties from R -2 Two Family Residence with a Planned Development Overlay to C -3 Central Commercial with a Downtown Overlay. All of Lots 5 and 6, Block A, Merritts 2nd Addition, 4th Ward, City of Oshkosh, Winnebago County, Wisconsin, plus public right -of -way abutting said lots extending to the centerlines of East Parkway Avenue and Jefferson Street. 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 #09 -154 APPROVE ZONE CHANGE FROM R -2 TWO FAMILY RESIDENCE WITH A PLANNED DEVELOPMENT OVERLAY TO C -3 CENTRAL COMMERCIAL WITH A DOWNTOWN OVERLAY / 17 EAST PARKWAY AVENUE AND ADJACENT VACANT LOT TO THE SOUTH on April 28, 2009. The Ordinance changed the zoning at 17 East Parkway Avenue and the adjacent vacant lot from R -2 PD to C -3 DO. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us Clerk's phone: (920) 236 -5011. 0 OYHK fH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Kinn e Director of Com ity Development DATE: April 9, 2009 RE: Approve Zone Change from R -2 Two Family Residence with a Planned Development Overlay to C -3 Central Commercial with a Downtown Overlay / 17 East Parkway Avenue and Adjacent Vacant Lot to the South BACKGROUND /SUBJECT PROPERTY The subject site is a 0.32 -acre area made up of two separately owned lots located on the 500 block of Jefferson Street at the southwest corner of East Parkway Avenue and Jefferson Street. The subject property at 17 East Parkway Avenue is currently developed with a 4,500 square foot structure that is unoccupied and a small parking /loading area. The other parcel does not have an address as it is unimproved and was formerly the site of a two - family residence that was razed and has been used as an unapproved gravel parking /storage area in the past. ANALYSIS The petitioner is requesting rezoning of the parcels from R -2PD to C -3DO to match the properties to the west and south and provide the ability to combine one of the parcels with adjacent lots to the west which would permit the development of a parking facility as an accessory use. The request to rezone the neighboring parcel is requested to not leave a pocket of residentially zoned land on the corner and to make the zoning consistent with the Comprehensive Plan recommendation. The C -3130 zoning designation permits most commercial, residential, and mixed uses and will make the petitioner's parcel, once rezoned and combined with the adjacent parcel, more marketable for sale and /or lease. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its March 17, 2009 meeting. Approved, City Manager ITEM: ZONE CHANGE FROM R -2 PD TWO FAMILY RESIDENCE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY TO C -3 DO CENTRAL COMMERCIAL DISTRICT WITH DOWNTOWN OVERLAY / 17 E. PARKWAY AVE. & ADJACENT VACANT LOT Plan Commission meeting of March 17, 2009 GENERAL INFORMATION Applicant: Jeff Verner Property Owners: Esther D Seifeldt Revocable Trust Wayne Lager Action(s) Requested: The applicant is requesting a zone change from the R -2PD Two Family Residence District with Planned Development Overlay to C -3DO Central Commercial District with Downtown Overlay to match the properties to the west and south and provide the ability to combine one of the parcels with adjacent lots. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies on the Comprehensive Plan and good planning principles. Property Location and Background Information: The subject 0.32 -acre area is made up of two separately owned lots located on the 500 Block of Jefferson Street, at the southwest corner of East Parkway Avenue and Jefferson Street. One is located at 17 East Parkway Avenue and is currently developed with a 4,500 square foot structure that is unoccupied and a small parking /loading area. The other parcel does not have an address as it is unimproved but was formerly the site of a two - family residence that was razed and has been used as an illegal gravel parking /storage area in the recent past. As the gravel parking /storage use is not permitted, the petitioner applied for and received a Conditional Use Permit and Planned Development to construct a parking lot in October 23, 2007 (Resolution 07 -301), which was never begun and has henceforth expired. Subiect Site Vacant Ad'acent Land Use and Zonin R -2PD North Commercial: Restaurant C -3 South Commercial: Tavern Parking Area C -3DO East Multiple Family R -2PD West Mixed Use: Retail, Service & Housing C -3DO ANALYSIS The Comprehensive Plan Land Use Map identifies this area as appropriate for mixed downtown development use and a zone change to the Central Commercial District with Downtown Overlay (C- 3DO) is being requested. The applicant is requesting the rezoning of both his parcel and a neighboring parcel so not to leave a pocket of residentially zoned land, as a clean-up of the zoning to the corner, and to make the zoning consistent with the comprehensive plan recommendation. The C -3DO zoning designation permits, either as -of -right or with a conditional use permit, most commercial use, residential uses and mixed commercial /residential uses. The purpose of the Downtown Overlay is "...to provide an overlay to the area generally considered to be the City's central city area and is intended to relate to the special character of older commercial and industrial districts in this area ". The rezoning will allow the combination of the vacant parcel to the adjacent parcels to the west, which will subsequently permit the development of a parking facility as an accessory use. The lot combination will eliminate interior lot lines thereby removing currently required interior side yard setbacks and transition yard requirements. When improved, the site will be required to be developed per the City's Zoning Ordinance and will not be required to come back before the Plan Commission and Common Council for approval for conditional use permitting or development plan approval as is required by the current Planned Development Overlay designation. It is anticipated that once combined, the area will be developed in a manner similar to the submitted conceptual site plan. The petitioner feels that the rezoned and combined properties with new parking area will be much more marketable for sale and /or lease than currently. Staff agrees that the combination of the individual parcels to one and the provision of parking stalls for the two living units located on the second floor of the building at 576 North Main Street will make the land much more desirable as mixed use and commercial property. The requested zoning designation is consistent with the comprehensive plan land use recommendation and staff is comfortable with protections afforded by the standards within the Zoning Ordinance for development in the C -3DO district. Additionally, it is felt that requiring future improvement of the site to come back through the Plan Commission and Common Council, as would be required under the Planned Development Overlay is unnecessarily burdensome considering surrounding and adjacent land uses and the proximity and synergy of these lots to the Main Street commercial /mixed -use corridor. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of rezoning as proposed. The Plan Commission approved of the rezoning as requested. The following is the Plan Commission's discussion on this item. Item - 500 Block Jefferson - Rezone 10 Year Land Use Recommendation Mixed Downtown 20 Year Land Use Recommendation Mixed Downtown ANALYSIS The Comprehensive Plan Land Use Map identifies this area as appropriate for mixed downtown development use and a zone change to the Central Commercial District with Downtown Overlay (C- 3DO) is being requested. The applicant is requesting the rezoning of both his parcel and a neighboring parcel so not to leave a pocket of residentially zoned land, as a clean-up of the zoning to the corner, and to make the zoning consistent with the comprehensive plan recommendation. The C -3DO zoning designation permits, either as -of -right or with a conditional use permit, most commercial use, residential uses and mixed commercial /residential uses. The purpose of the Downtown Overlay is "...to provide an overlay to the area generally considered to be the City's central city area and is intended to relate to the special character of older commercial and industrial districts in this area ". The rezoning will allow the combination of the vacant parcel to the adjacent parcels to the west, which will subsequently permit the development of a parking facility as an accessory use. The lot combination will eliminate interior lot lines thereby removing currently required interior side yard setbacks and transition yard requirements. When improved, the site will be required to be developed per the City's Zoning Ordinance and will not be required to come back before the Plan Commission and Common Council for approval for conditional use permitting or development plan approval as is required by the current Planned Development Overlay designation. It is anticipated that once combined, the area will be developed in a manner similar to the submitted conceptual site plan. The petitioner feels that the rezoned and combined properties with new parking area will be much more marketable for sale and /or lease than currently. Staff agrees that the combination of the individual parcels to one and the provision of parking stalls for the two living units located on the second floor of the building at 576 North Main Street will make the land much more desirable as mixed use and commercial property. The requested zoning designation is consistent with the comprehensive plan land use recommendation and staff is comfortable with protections afforded by the standards within the Zoning Ordinance for development in the C -3DO district. Additionally, it is felt that requiring future improvement of the site to come back through the Plan Commission and Common Council, as would be required under the Planned Development Overlay is unnecessarily burdensome considering surrounding and adjacent land uses and the proximity and synergy of these lots to the Main Street commercial /mixed -use corridor. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of rezoning as proposed. The Plan Commission approved of the rezoning as requested. The following is the Plan Commission's discussion on this item. Item - 500 Block Jefferson - Rezone Mr. Buck presented the item and reviewed the area involved in the request and the current zoning of the properties surrounding the area as well as the current land uses on the subject site and surrounding parcels. He stated that the site on Jefferson Street had received approval of a conditional use permit and planned development to construct a parking lot in 2007, however, the site improvements had not been completed within the 12 month period following the approval therefore the conditional use permit expired. The rezoning of the parcel on Jefferson Street would allow the owner to combine the lot with the adjacent parcels on Main Street which will subsequently permit the development of a parking facility as an accessory use which would make the site more marketable for sale and/or lease. Ms. Mattox questioned if the property on Main Street extended through to Jefferson Street, what was the current use of the property on East Parkway Avenue, and would the rezoning create potential for some type of development at this site. Mr. Buck responded that the property was three separate parcels currently, one on Jefferson Street and two on Main Street. The lot on East Parkway Avenue was currently unoccupied and the rezoning of the parcels would be beneficial to some type of development on the sites. Jeff Verner, 584A North Main Street, petitioner for the request, was present for any questions from the Commissioners. Motion by Esslinger to approve the zone change from R -2PD to C -3DO for property located at the southwest corner of East Parkway Avenue and Jefferson Street as requested. Seconded by Borsuk. Motion carried 8 -0. Item - 500 Block Jefferson - Rezone OfHKOfH ON THE WATER City of Oshkosh Application Rezoning * *PLEASE TYPE OR PRINT USING BLACK INK ** SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 PHONE: (920) 236 -5059 APPLICANT INFORMATION Petitioner: �� " Date: Petitioner's Address: ` ` A IN,' =°' City: e' er « ""* State: W — Zip: `° Telephone #: () f r ! 3 f Fax: ( ) Other Contact # or Email [ - Status of Petitioner (Please Check): Q w RRepresentative ❑ Tenant ❑ Prospective Buyer Petitioner's Signature (required): Date: OWNER INFORMATION ,.. Owner(s): t' �, , - Date: Owner(s) Address: « �t �. 'F_ City: tt State: �' - zip: Telephone #: O =} `- f 's'( =y Fax: ( } Other Contact # or Email: Ownership Status (Please Check): ❑ Individual fl. Trust ❑ Partnership DCorporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed b �the� ,arming Services Division for incomplete submissions or other administrative reas ons. i` Property Owner's Signature: �' �+--�_ Date: ZONING AND DEVELOP 4Q' INFORMATION Address/Location .of Rezoning Request: IA k /L Tax Parcel Number(s): Rezone property from: — to -- '- Purpose for Rezonin :tj r. r cr 0 / -(a «. , 4 /i� �/Y 4 (� [ �. �r� f' f t M . hd T�,'tp F ak � E ._!Mf � ! YY' I �i1 �a- K Describe: existing property development and land use: � L } n R ,A V is Describe proposed development and/or proposed land use: ( Dr*( le- r il- tA6 4, L rP f -k b "\: Proposed time schedule for development and /or use of the property: t en an ee Staff Date Reed 3r Zoning Adjacent to the Site: North: C-100 South: DD East: West: j SUBMITTAL REQUIREMENTS — Must accompany the application to be complete. 0`. ❑ Map of the immediate area showing property involved. Area to be rezoned must be outlined in color ❑ A site plan drawn to readable scale showing present status of property and proposed development ❑ Street address, adjacent streets, intersections and any other information or landmarks to help identify the property ❑ Location of existing uses, structures, fences and signs and location of proposed uses, structures, fences and signs ❑ A narrative statement explaining the zone change and discussion of the project ➢ Application fees are due at time of submittal Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE SUMMARY OF PROCESS /\ The City of Oshkosh Plan Commission and Common Council act on all zone changes. The petitioner or owner should be present at both the Plan Commission and Common Council meetings to discuss and answer questions regarding the request. Neighborhood opinion is an important factor in the decision- making process. For complex or controversial proposals, it is recommended that the petitioner conduct a neighborhood meeting to solicit public input prior to action by the Plan Commission and City Council. Planning Services staff is available to offer assistance in compiling a mailing list for the neighborhood meeting. Please note that a meeting notice will be mailed to all abutting property owners regarding your request. The application package is reviewed by Planning Services staff to determine conformance with adopted city plans, zoning requirements and development standards. A staff recommendation is prepared for consideration by the Plan Commission and Common Council. The petitioner will be provided with a copy of the staff report and meeting notice several days prior to the Plan Commission meeting. No notice is sent to the petitioner or owner regarding the Common Council's consideration of the request. Petitioners and owners are encouraged to contact Planning Services staff to find out when the request will be sent to the Common Council for review. The Plan Commission's decision is advisory only. The Common Council will make the final decision regarding all zone change requests. The Plan Commission may lay over requests to subsequent meetings if incomplete information is provided or additional questions or concerns are raised at the meeting. After the Plan Commission makes its recommendation, the request will be forwarded to the Common Council for consideration. This generally occurs three weeks after the Plan Commission meeting depending on the date the Council meeting is scheduled (the Council meets on the 2 nd and 4 Tuesday of every month) and on the availability of a legal description for the zone change.. Wisconsin State Statutes require a zone change to be published as Class H notice in the local newspaper, the City takes care of this publication requirement prior to the Council meeting. If Council approves the rezoning, the Ordinance is published in the newspaper on the following Saturday and will be effective on Sunday. City administrative offices are notified of the effective date of the Ordinance and will make changes to the official zoning map accordingly. For more information please visit the City's website at www.ci.oshkosh.wi.us/ Community _ Development /Planning.htrn 2 4 The purpose of this proposed rezoning application is to achieve conformity with the Main St. properties west of 579 Jefferson St.. Simultaneously, we are requesting to combine these parcels to make them marketable for sale or lease. The property combination will . eliminate property lines /setbacks that impeded design efforts for Jefferson. St. lot improvements. A previously approved CUP was let to expire because of a misunderstanding on our part regarding egress issues. We believe this proposal to be more satisfactory to all parties. Seifeldt Revocable Trust 5 I, Wayne Lager, agree to have my property [ 17 E. Parkway, parcel #0401720000] included in the re- zoning application for 579 Jefferson parcel #040173000 P. This will result in my designation changing from R -2PD to C -3 D O. Wayne Lager 2/09/09 I 3 e W 0 N �I 41 _ ._.TEF..FERS4.A/ Sr. t. 3 . VID 'I co 7 REZONING VICTORY BAPTIST CHURCH D & M RENTALS LLC 17 E PARKWAY AV & ADJACENT 608 JEFFERSON ST 55 KNAPP ST LOT 500 BLOCK JEFFERSON ST OSHKOSH WI 54901 4556 OSHKOSH WI 54902 3448 PC: 03 -17 -09 RE VACANT LOT -E PARKWAY AV RE VACANT LOT- JEFFERSON ST .LAGER WAYNE R VERNER ALFRED J /BONNIE PRIME TABLE LTD 434 BOYD ST 584 N MAIN ST 600 N MAIN ST OSHKOSH WI 54901 5136 OSHKOSH WI 54901 OSHKOSH WI 54901 4443 RE 17 E PARKWAY AV R & M ENTERPRISES SEIFELDT REV TRUST ESTHER VERNER JEFF 527 MOUNT VERNON ST 2340 WISCONSIN ST 584A'N MAIN ST OSHKOSH WI 54901 4917 OSHKOSH'WI 54901 7808 OSHKOSH WI 54901 RE 576 JEFFERSON ST RE 576 -582 N MAIN /VAC LOT JEFFERSON EXCEL PROPERTIES LLC SPARR INVESTMENTS LLC 230 OHIO ST STE 200 103 HIGH AVE OSHKOSH WI 54902 58.25 OSHKOSH WI 54901 4808 RE 570 N MAIN ST RE 572 JEFFERSON ST b N 75.0' o u7 v I o H L O t 120.0 ' 130.0' C6 LO N DISCLAIMER ZONE CHANGE This map is neither a legally recorded map nor From: R -2 PD a survey and it is not intended to be used as one. To: C_3 DO This drawing is a compilation of records, data and information located in various city, county City of Oshkosh Wisconsin and state offices and other sources affecting Community Development the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- ..« sponsible for any inaccuracies herein contained. 3/19/09 If discrepencies are found, please contact the City of Oshkosh. Created b D y- r2 * .an a ll !ill min r �i w�� ,�7 ��_■ ■ ■, 7 _ '�. t, ate I � ;TIIII ;lk1 a' � ►ll lr0� k . M -a ,i a