HomeMy WebLinkAbout09-270JUNE 23, 2009 JULY 14, 2009 09 -229 09 -270 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE VARIOUS AMENDMENTS TO CHAPTER 30
ZONING ORDINANCE TO ADD A NEW DEFINITION FOR
"ADAPTIVE REUSE" AND PERMIT THE ADAPTIVE REUSE
OF SPECIFIC BUILDINGS IN RESIDENTIAL DISTRICTS
AS CONDITIONAL USES
INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT/
PLANNING SERVICES DIVISION
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE ZONING
ORDINANCE ADDING A DEFINITION FOR "ADAPTIVE REUSE" AND PERMIT THE
ADAPTIVE REUSE OF SPECIFIC BUILDINGS IN RESIDENTIAL DISTRICTS AS
CONDITIONAL USES
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 30 -1(A) Definitions is hereby amended to add new (4)
Adaptive Reuse, and renumber existing (4) thru (182) to (5) thru (183), inclusive.
(4) ADAPTIVE REUSE Adapting an existing building originally designed for an
institutional, quasi - public, public or other specific /special purpose to a new use.
SECTION 2. That Sections 30- 17(A)(8), 30- 18(A)(2), 30- 19(A)(3), 30- 20(A)(3), 30-
21(A)(3), 30- 22(A)(12) Conditional Uses of the residential districts are hereby amended to
add the following new conditional use: "Adaptive reuse of an institutional, quasi - public,
public or other specific /special building to a neighborhood orientated commercial or
housing use."
SECTION 3. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 4. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #09 -270 APPROVE VARIOUS AMENDMENTS TO CHAPTER 30
ZONING ORDINANCE TO ADD A NEW DEFINITION FOR "ADAPTIVE REUSE" AND
PERMIT THE ADAPTIVE REUSE OF SPECIFIC BUILDINGS IN RESIDENTIAL
DISTRICTS AS CONDITIONAL USES on July 14, 2009. 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 WATFA
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Ki t� Director of Development
DATE: June 18, 2009
RE Approve Various Amendments to Chapter 30 Zoning Ordinance to Add a New
Definition for "Adaptive Reuse" and Permitting the Adaptive Reuse of Specific
Buildings in Residential Districts as Conditional Uses (Plan Commission
Recommends Approval)
BACKGROUND /SUBJECT PROPERTY
The City Department of Community Development requests review and approval of amendments
to various sections of the City of Oshkosh Zoning Ordinance which will permit as a Conditional
Use the adaptive reuse of existing economically obsolete buildings originally designed for an
institutional, quasi - public, public or other specific /special purpose structure to a new more
productive use.
ANALYSIS
The City of Oshkosh permits uses such as religious institutions, community /cultural centers,
schools, hospitals, and government /public structures within all of the residential zoning districts.
This fact has resulted in the physical development of structures and site layouts in residential
areas that are designed in a way that makes them extremely difficult to reuse for a permitted use
once the original use is abandoned. Also, demolition costs have made the removal of the
structures economically unfeasible, typically resulting in either an inappropriate reuse of
structures or site abandonment and building dilapidation that attributes to community blight.
Additionally, many structures are historical and /or culturally significant creating a conflict
between the community's desire to retain them and assurance of land use compatibility and
minimization of negative impact.
To address these situations, the City has historically rezoned properties to less restrictive districts
thereby allowing reuse of structures. These rezonings are often spot zonings, meaning that they
rarely relate to other zoning designations and uses in the area that permanently allow
inappropriate and incompatible uses containing negative impact and little or no protection for
surrounding residential uses. To create regulations on the reuse of institutional, quasi - public,
public and other specific /special purpose buildings in residential areas that also provide the
opportunity to have public, Plan Commission and Common Council input regarding the use and
site design, thereby protecting the integrity of residential neighborhoods, staff is recommending
amendments to various sections to the City of Oshkosh Zoning Ordinance that will permit as a
conditional use the adaptive reuse of existing buildings to new uses.
FISCAL IMPACT
None direct impact anticipated from the Ordinance change. Ordinance may result in additional
property tax revenues as these structures are placed in more productive economic use.
RECOMMENDATION
The Plan Commission approved of this request at its May 5, 2009 meeting.
Approved,
City Manager
ITEM: PROPOSED TEXT ADDITION TO MULTIPLE SECTIONS OF
CHAPTER 30: ZONING REGULATIONS RELATING TO ADAPTIVE
REUSE OF INSTITUTIONAL, PUBLIC, QUASI- PUBLIC, AND OTHER
SPECIFIC /SPECIAL BUILDINGS
Plan Commission meeting of May 5, 2009
GENERAL INFORMATION
Applicant: Department of Community Development
Owner: N/A
Actions Requested:
The City Department of Community Development requests review and approval of amendments to
various sections of the City of Oshkosh Zoning Ordinance permitting, as a Conditional Use, the
adaptive reuse of existing economically obsolete buildings originally designed for an institutional,
quasi - public, public or other specific /special purpose structure to a new more productive use.
Applicable Ordinance Provisions:
The Zoning Ordinance, in Section 30 -8, establishes the ability of the Common Council on its own
motion or on petition, after first submitting the proposal to the City Plan Commission, amend,
supplement or change district boundaries or the regulations herein.
ANALYSIS
The City of Oshkosh permits uses such as religious institutions, community /cultural centers, schools
(elementary, high and post - secondary), hospitals, and government /public structures within all of the
residential zoning districts. This fact has resulted in the physical development of structures and site
layouts in residential areas that are designed in a way that makes them extremely difficult to reuse for a
permitted use once the original use is abandoned. Also, demolition costs and the low return on
investment has made the removal of the structures and associated improvements economically
unfeasible, typically resulting in either an inappropriate reuse of structures (often to single or two -
family uses) or site abandonment and building dilapidation that attributes to community blight.
Additionally, many structures used for institutional, quasi - public, public or other specific /special
purpose are historical and /or culturally significant creating a conflict between the communities desire
to retain them and assurance of use compatibility and minimization of negative impact.
To address these situations, the City has historically rezoned properties to less restrictive districts
(typically commercial or multiple family), thereby allowing reuse of structures. These rezonings are
often spot zonings, meaning that they rarely relate to other zoning designations and uses in the area that
permanently allow inappropriate and incompatible uses containing negative impact and little or no
protection for surrounding residential uses. To create regulations on the reuse of institutional, quasi -
public, public and other specific /special purpose buildings in residential areas that also provide the
opportunity to have public, Plan Commission and Common Council input regarding the use and site
design, thereby protecting the integrity of residential neighborhoods, staff is recommending
amendments to various sections to the City of Oshkosh Zoning Ordinance permitting, as a conditional
use, the adaptive reuse of existing buildings to new uses.
The first amendment consists of adding a definition of "adaptive reuse" to the Zoning Ordinance,
Section 30 -1: Definitions. Staff researched multiple codes from across the country and suggests the
following definition:
" Adaptive Reuse Adapting an existing building originally designed for an
institutional, quasi - public, public or other specific /special purpose to a
new use.
Subsequently, text needs to be added to the Conditional Use sections of all the residential districts.
Staff recommends the following text addition to the listed Zoning Ordinance sections:
"Adaptive reuse of an institutional, quasi - public, public or other
specific /special building to a neighborhood orientated commercial or
housing use ".
Added to:
Section 30 -17 (A)(8): Conditional Uses in the R -1 Single Family Residence District
Section 30 -18 (A)(2): Conditional Uses in the R -1C Single Family Central Residence District
Section 30 -19 (A)(3): Conditional Uses in the R -2 Two Family Residence District
Section 30 -20 (A)(3): Conditional Uses in the R -3 Multiple Dwelling District
Section 30 -21 (A)(3): Conditional Uses in the R -4 Multiple Dwelling District
Section 30 -22 (A)(12): Conditional Uses in the R -5 Multiple Dwelling District
A workshop on the above text addition was held on April 21, 2009 following the regularly scheduled
Plan Commission meeting, where there was Plan Commission consensus on bringing the amendment
forward for action.
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends that the Plan Commission recommend to
the Common Council that text be added to Section 30 -1: Definitions and to Sections 30 -17 through 30-
22: Residential Districts, as submitted.
The Plan Commission approved of the text amendment as requested. The following is the Plan
Commission's discussion on this item.
Mr. Buck presented the item and explained that this proposed text addition had been discussed by the
Plan Commission at a workshop on April 21, 2009 and it was the consensus that the language
amendment be brought forward for action. Currently schools, churches and other public /institutional
type buildings do not have a designated district but are permitted in residential districts with
conditional use permit approval. When these types of buildings are no longer in use, it is very difficult
to reuse the structure unless spot zoning is used to change the residential zoning district to allow the
reuse of the site for another purpose. Demolition expenses to remove the structure are usually not cost
effective resulting in site abandonment and building dilapidation. The proposed text addition would
allow adaptive reuse of such sites as a conditional use with notification to adjacent property owners,
review of the Plan Commission and approval by the Common Council. The ordinance amendment
would add a definition of adaptive reuse to the Zoning Ordinance definition section and add text to the
Conditional Use sections of all residential zoning districts. This proposed change will assist in
preserving existing buildings and the sites they are located on.
Mr. Thorns questioned if the adding of this text addition would allow the process to continue through
to Plan Commission and Common Council for the necessary approvals.
Item - Adaptive Reuse
Mr. Buck responded affirmatively.
Mr. Fojtik inquired if the potential uses were considered when drafting this addition.
Mr. Buck responded that they reviewed many different codes throughout the country and housing and
neighborhood businesses were the main use established on these sites.
Ms. Mattox commented that with sustainability issues being explored presently, she felt that the reuse
of existing structures was extremely important.
Mr. Thorns asked if any other communities in Wisconsin use this type of approach for such sites.
Mr. Buck replied affirmatively and stated that precedence already exists in other communities.
Motion by Nollenberger to approve the text addition to multiple sections of Chapter 30 Zoning
Regulations relating to adaptive reuse of institutional, public, quasi public, and other
specific/special buildings as requested.
Seconded by Mattox. Motion carried 6 -0.
Item - Adaptive Reuse