HomeMy WebLinkAbout09-196MAY 12, 2009 MAY 26, 2009 09 -161 09 -196 ORDINANCE
FIRST READING SECOND READING
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE ZONE CHANGE FROM M -2 CENTRAL INDUSTRIAL
TO C -3 CENTRAL COMMERCIAL WITH A DOWNTOWN
OVERLAY / GENERALLY LOCATED SOUTH OF WAUGOO
AVENUE, NORTH OF CEAPE AVENUE, WEST OF COURT
STREET, EAST OF STATE STREET
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30 -16
(B) 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 area from M -2 Central Industrial to C -3
Central Commercial with a Downtown Overlay. Generally located south of Waugoo
Avenue, north of Ceape Avenue, west of Court Street and east of State Street.
All of Lots 1 thru 23, Block 23; also Lots 1 thru 15 and Lots 25 & 26, Block 20, all in LM
Miller's 1st Addition, 2nd Ward, City of Oshkosh, Winnebago County, Wisconsin, plus
public right -of -way abutting said lots extending to the centerlines of Waugoo Ave., Court
St., Ceape Ave., and State 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 -196 APPROVE ZONE CHANGE FROM M -2 CENTRAL
INDUSTRIAL TO C -3 CENTRAL COMMERCIAL WITH A DOWNTOWN OVERLAY/
GENERALLY LOCATED SOUTH OF WAUGOO AVENUE, NORTH OF CEAPE
AVENUE, WEST OF COURT STREET, EAST OF STATE STREET on May 26, 2009.
The Ordinance changed the zoning classification on properties bounded by Waugoo
Avenue, Ceape Avenue, Court Street and State Street 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.
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ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kinn
Director of Co unity Development
DATE: May 7, 2009
RE: Approve Zone Change from M -2 Central Industrial to C -3 Central Commercial
with the Downtown Overlay generally located south of Waugoo Avenue, north of
Ceape Avenue, west of Court Street and east of State Street (Plan Commission
Recommends Approval)
BACKGROUND /SUBJECT PROPERTY
The subject eight acre area is zoned M -2 Central Industrial District and is generally bounded by
Waugoo Avenue to the north, Ceape Avenue to the south, Court Street to the east and State
Street to the west. The subject area contains 14 parcels owned by eight property owners. The
zone change is being proposed as the manufacturing uses in the subject area are no longer
present or have converted to office /commercial uses. The proposed rezoning would also
alleviate the legal nonconforming status of two homes in the area, as residential uses are
prohibited in the M -2 District. The Central Commercial Zoning District is proposed because of
its flexibility in allowing a number of uses such as residential and commercial uses as well as
complying with the recommendation of the Comprehensive Plan and conforming to surrounding
zoning classifications.
ANALYSIS
The area included in the rezone request is a mixed use area with residential uses comprising 14%
of all parcels and 6% of total land area; commercial uses comprising 50% of all parcels and 58%
of total land area; parking lot uses comprising 21% of all parcels and 17% of total land area; and
governmental uses comprising 14% of all parcels and 19% of total land area. A rezoning to the
C -3 District will make all of the existing uses permitted uses within the proposed zoning district.
The Downtown Overlay is proposed to be placed on this rezoning to create a contiguous overlay
boundary as the subject area is part of the Oshkosh Central Business District.
FISCAL IMPACT
As the area involved in the rezoning is currently developed, no fiscal impact is anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its April 21, 2009 meeting.
Approved,
1191 /a-oc��
City Manager
ITEM: ZONE CHANGE FROM M -2 CENTRAL INDUSTRIAL DISTRICT TO
C -3DO CENTRAL COMMERCIAL DISTRICT WITH DOWNTOWN
OVERLAY FOR PROPERTY GENERALLY BOUNDED BY WAUGOO
AVENUE, CEAPE AVENUE, COURT STREET AND STATE STREET
Plan Commission meeting of April 21, 2009
GENERAL INFORMATION
Applicant:
Property Owners:
Action(s) Requested:
City Administration
Multiple
Zone change from M -2 Central Industrial District to C -3DO Central Commercial District with a
Downtown 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 eight acre area is zoned M -2 Central Industrial District. It is generally bounded by
Waugoo Avenue to the north, Ceape Avenue to the south, Court Street to the east and State Street
to the west, excluding the city parking lot at the northeast corner of State Street and Ceape
Avenue. The subject area contains 14 parcels owned by eight property owners. Planning staff
analyzed the existing land use pattern within this M -2 "island" and compared that with the
recommended land -use from the Comprehensive Plan, and as a result, is proposing a zone change
that is more appropriate for the area. Although once present, all manufacturing uses in the subject
area are no longer present or have converted to office /commercial uses. The proposed zone
change will also alleviate two legal nonconforming issues in regard to the single and two - family
dwellings as residential uses are prohibited in the M -2 District. The commercial zoning is
proposed because of its flexibility in allowing a number of uses such as residential and commercial
uses.
This is part of the City's effort to analyze the current City zoning map to find inconsistencies and
nonconformities in regard to existing land uses and recommended uses located in the
Comprehensive Plan. In areas where inconsistencies are found, staff will do a more thorough
examination and determine if a better zoning district is suited for the area. The overall goals are to
change legal nonconforming uses to legal conforming, maintain the conforming status of
preexisting legal uses, and encourage new uses recommended by the Comprehensive Plan.
ect Site
Commercial, Governmental & Parking Lots I M -2
Adjacent Land Use and Zoning
ANALYSIS
The area included in the rezone request is a mixed use area with existing one and two- family
residential uses comprising approximately 14% of all parcels and 6% of total land area. These two
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 seven commercial
parcels comprising 50% of the properties and 58% of the land area. Three parcels containing
parking lots equal 21 % of the parcels and 17% of the land area. Lastly, two parcels making up
14% of the parcels and 19% of the land area are governmental in nature. The use breakdown is
depicted in the table below.
LAND USE BREAKDOWN
Use Number of Parcels Acreage
Single Family 1 0.12
*1 I
Commercial 7 3.13
Parking 3 0.94
Total 14 5.42
M
Total with Right-of-Way 7.92
A rezoning to the C -3 District will make all of the existing uses permitted uses within the proposed
zoning district. 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 Downtown Overlay is proposed to be placed on this rezoning to create a contiguous overlay
boundary as the subject area is considered to be part of the Oshkosh Central Business District. The
purpose of the Downtown Overlay District is to foster a strong viable downtown as a commercial,
civic, residential, and cultural center with its own identity in an area generally considered to be the
Item —Rezone 100 block Otter Av
't'�i;
a
N �V�»
North
Residential, Commercial & Parking Lots
C -3DO
South
Commercial & Parking Lots
C -3DO
East
Multi-family, Governmental & Parkin Lot
C -3
West
Mixed Use, Commercial, Residential & Parkin Lot
C -3DO
ANALYSIS
The area included in the rezone request is a mixed use area with existing one and two- family
residential uses comprising approximately 14% of all parcels and 6% of total land area. These two
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 seven commercial
parcels comprising 50% of the properties and 58% of the land area. Three parcels containing
parking lots equal 21 % of the parcels and 17% of the land area. Lastly, two parcels making up
14% of the parcels and 19% of the land area are governmental in nature. The use breakdown is
depicted in the table below.
LAND USE BREAKDOWN
Use Number of Parcels Acreage
Single Family 1 0.12
*1 I
Commercial 7 3.13
Parking 3 0.94
Total 14 5.42
M
Total with Right-of-Way 7.92
A rezoning to the C -3 District will make all of the existing uses permitted uses within the proposed
zoning district. 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 Downtown Overlay is proposed to be placed on this rezoning to create a contiguous overlay
boundary as the subject area is considered to be part of the Oshkosh Central Business District. The
purpose of the Downtown Overlay District is to foster a strong viable downtown as a commercial,
civic, residential, and cultural center with its own identity in an area generally considered to be the
Item —Rezone 100 block Otter Av
City Central Business District. It is the purpose of this District to implement minimum standards
that take into consideration the unique identity found within this area.
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends approval of rezoning from M -2 to C-
3DO, as proposed.
The Plan Commission approved of the rezoning as requested. The following is the Plan
Commission's discussion on this item.
Mr. Nau presented the item and explained that it is part of the City's effort to analyze the current
City zoning map to find inconsistencies and nonconformities in regard to existing land uses and
recommended uses located in the Comprehensive Plan. This area has been examined and
determined that a better zoning district is suited for the area that would change legal
nonconforming uses to legal conforming uses and would maintain the conforming status of
preexisting legal uses. The area is currently zoned as manufacturing although no manufacturing
uses exist there any longer. A neighborhood meeting was recently held to discuss the matter and
no objections were raised to the suggested change in zoning classification by property owners.
Mr. Thoms questioned if all the uses that exist currently in the area will now be conforming uses.
Mr. Nau responded affirmatively.
Motion by Thoms to approve the zone change from M -2 to C -3DO for property generally
bounded by Waugoo Avenue, Ceape Avenue, Court Street, and State Street.
Seconded by Borsuk. Motion carried 7 -0.
Item — Rezone 100 block Otter Av
zoning:4196
OTTER AVENUE AREA
ZONING COMPARISON
P = Permitted Use C = Conditional Use (requires Counil Approval) - = Not Permitted
Please refer to the Zoning Code for
complete use listing.
1 of 2
5
C-3 CENTRAL COMMERCIAL
M -2 CENTRAL INDUSTRIAL
GENERAL U S E
DISTRICT
DISTRICT
Acid Manufacturer
C
Animal HospitaWeterinarian (excluding open kennel)
P
P
Art Center /Gallery
P
P
Asphalt/Concrete Plant
C
Auction Establishment
P
P
Auto Body Shop
C
P
Automobile Sales
C
P
Automobile Service /Repair (excluding body shop)
C
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
P
P
Dry Cleaners (collection & distribution only)
Dwelling, Single Family
P
Engraving Establishment
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
..
Greenhouse (commercial)
EMU
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
complete use listing.
1 of 2
5
P = Permitted Use C = Conditional Use (requires Counil Approval) - = Not Permitted
Please refer to the Zoning Code for
complete use listing.
Page
2 of 2
C-3 CENTRAL COMMERCIAL
M -2 CENTRAL INDUSTRIAL
GENERAL U S E
DISTRICT
DISTRICT
Jail/Prison
C
Junk Yard
C
Kennel
C
Laboratory (experimental or testing)
C
P
Laundromat (self operated)
P
P
Laundry Service Establishment
C
P
Library
P
P
Lodging /Boarding House
P
'
Manufacturing Establishment, Light
C
P
Marina
P
P
Museums
P
P
P
News Agency (except printing & publishing)
P
Nursing Home
P
P
NOW ,, .
Oil Drilling
C
C
Open Storage (excluding junk, autos, salvage, etc)
Outdoor Motor Vehicle Racing or Test Track
-
MUM
Photographers Studio
P
P
P
Public Parks
P
P
Public Recreation Structure
P
C
Quarry, Extraction of Sand /Gravel /Etc.
Radio/Television Broadcasting Studio/Relay Structure
P
P
Railroad Depot
P
P
C
Railroad Yard
C
Refining Operation
P
Religious Institution
P
P
Repair Shop (excluding automotive)
P
Restaurant
P
P
C
Restaurant w /Drive -Up or Drive -Thru
C
Retail Business, General
P
P
Rooming/Boarding House
P
Schools, Private & Public: Elementary & Secondary
C
'
Nursery
C
C
Vocational
C
P
P
Service Business, Professional
Skating Rink
P
P
C
Slaughterhouse
C
Smelting (tin /copper /zinchron ore)
Stockyards
_
C
C
Tannery
P
P
Tavern
C
P
Telecommunication Towers /Antennas
P
Theater (except drive -in)
P
P
Truck Terminal
C
P
Warehouse
C
P
Wholesale Establishment
C
Please refer to the Zoning Code for
complete use listing.
Page
2 of 2
REZONING CITY OF OSHKOSH BREOF BANK2 MIDWEST LLC
100.BLOCK OTTER AV PO BOX 1130 1 MEADOWLANDS PLZ STE 701
PC: 04 -21 -09 OSHKOSH WI 54903 1130 EAST RUTHERFORD NJ 07073
RE VAC LOTS- OTTER /CEAPE /STATE
101 COURT /303 CEAPE /216 WAUGOO
GANNETT MIDWEST PUBLISHING REDEMANN III PAUL /KRISTIE
7950 JONES BRANCH DR PO BOX 481
MCLEAN VA 22107 OSHKOSH WI 54903 0481
RE 216/224 STATE /VAC LOT &123 WAUGOO
KIECKHAFER REV TRUST H A/P
702 E IRVING AVE
OSHKOSH WI 54901 4643
RE 204 WAUGOO AV
BERGER JONATHON P
300 WAUGOO AVE
OSHKOSH WI 54901
RE 300 STATE ST
VERHOEVEN PATRICIA M
926 STARBOARD CT
OSHKOSH WI 54901 2063
OSHKOSH BGOSH INC
PO BOX 300
OSHKOSH WI 54903 0300
RE 219 STATE ST
UNITED STATES DEPT OF SOC
SERVICE
304 OTTER AVE
OSHKOSH WI 54901 5098
PAULSEN RICHARD /JAMES R
N5414 JONES LN
WILD ROSE WI 54984
RE 203 OTTER AV
HEFFERNON SHERRY
215 OTTER AVE
OSHKOSH WI 5490
RE 206 STATE /112 OTTER /215 WAUG00
DAYMARK 100 N MAIN
LLC /OSHKOSH 62,0-LLC
3190 GATEWAY RD STE 102
BROOKFIELD WI 53045.5112
RE 100 N MAIN ST
OSHKOSH MARTIAL ED CTR LLC
PO BOX 373
OSHKOSH WI 54903 0373
RE 208 STATE ST
OSHKOSH HOUSING AUTHORITY
PO BOX 397
OSHKOSH WI 54903 0397
RE 100 COURT ST
RE 300 N MAIN ST
DALE SCHOOL APARTMENTS INC
PO BOX 143
OSHKOSH WI 54903 0143
RE 219 WASHINGTON AV
JACOPA INC
875 CORPORATE WAY APT 8
PULASKI WI 54162 8857
RE VACANT LOT- WAUGOO AV
PAMPERED PROPERTIES LLC
PO BOX 3196
OSHKOSH WI 54903 3196
RE VACANT LOT & 226 COURT ST
STATE STREET SUITES LLC
128 STATE ST
OSHKOSH WI 54901 4837
RE 126 STATE ST
KARGUS REV TRUST GORDON R
1721 S MAIN ST 1
OSHKOSH WI 54902 6980
RE 211 OTTER AV
BERMINGHAM JR ETAL JOHN E
217 CEAPE AV
OSHKOSH WI 54901
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DISCLAIMER
This map Is neither a legally recorded map nor
a survey and It Is not intended to be used as one.
This drawing is a compilation of records, data
and Information located In various city, county
and state offices and other sources affecting
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.
If discrepancies are found, please contact the
City of Oshkosh.
Created by - dff
REZONING PETITION
M -2 TO C -31DO
100 BLOCK OTTER AV
Scale: 1" = 250'
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