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Home My WebLink About09-311JULY 28, 2009 AUGUST 11, 2009 09 -278 09 -311 ORDINANCE FIRST READING SECOND READING (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM M -2 CENTRAL INDUSTRIAL TO R -2 TWO FAMILY / 410 WEST 5TH AVENUE AND VACANT LOT EAST OF 421 WEST 5TH AVENUE INITIATED BY: GERARD ZARLING, ETAL & CITY OF OSHKOSH 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 R -2 Two Family. The W 10 ft. of Lot 23 and all of Lot 22, Block 78; also Lot 10, Block 79, all in the Plat of the Original Third Ward, 9th Ward, City of Oshkosh, Winnebago County, Wisconsin, plus public right -of -way abutting said lots extending to the centerline of W. 5th Avenue. 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 -311 APPROVE ZONE CHANGE FROM M -2 CENTRAL INDUSTRIAL TO R -2 TWO FAMILY / 410 WEST 5TH AVENUE AND VACANT LOT EAST OF 421 WEST 5TH AVENUE on August 11, 2009. The Ordinance changed the zoning classification to R -2. 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. Fox River 4 �v „ 506 , W 4TH AVE 4g EJ 50 RY 452 446 442 438 422 4T ^ 7 W 5TH AVE p z 425 447 439 437 43'1 421' � it D N Sk 2 r,P D Z �. A y 336 fi 322 W 6TH AVE �t 2 4..4sd ey 4�Ae 4 � M 5: : 5 g 3 ;,r.,� Y ,d(q )st W 7TH AVE u is o o LJ s. .. '" .;: 6 2 448 �4I" 43 432 t 10 46 2 Rezone From M -2 DISCLAIMR This map is neither a legally recorded map nor To R -2 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 410 W 5th Ave & Vacant Lot City of Oshkosh Wisconsin and state offices and other sources affecting the area shown and it is to be used for reference Adjacent to 421 W 5th Ave purposes only. The City of Oshkosh is not re x Community Development sponsible for any inaccuracies herein contained. 1" _ 200 7/18/09 If discrepencies are found, please contact the City of Oshkosh. Created by - D k �y O1'HKOf ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Kinn Director of Co unity Development DATE: July 23, 2009 RE: Approve Zone Change from M -2 Central Industrial District to R -2 Two Family Residence District / 410 West 5 Avenue and Vacant Lot East of 421 West 5th Avenue (Plan Commission recommends approval) BACKGROUND /SUBJECT PROPERTY The subject 0.3 acre area is zoned M -2 Central Industrial District and is located near the intersection of West 5 Avenue and Iowa Street. The subject area consists of two separately owned parcels located at 410 and 411 West 5 Avenue across the street from one another. The application for rezoning was submitted by the owners of 410 West 5 Avenue who are currently in the process of selling the property and having difficulties due to the nonconforming use designation. The lot across the street (411 West 5 Avenue) was included in this request due to its adjacency to the applicant and its similar zoning nonconforming use restrictions. ANALYSIS The developed parcel is considered legal nonconforming as to use and the vacant lot is not nonconforming to use but is extremely limited in its ability to accommodate industrial uses as the lot area is quite small for any development other than residential. A rezoning to the R -2 District will be consistent with the adjacent zoning to the west and south as well as make the existing two - family use permitted and conforming. Long term plans of the vacant lot include either its sale for residential use or combination with their existing adjacent residential lot. FISCAL IMPACT None anticipated other than potential increased land value due to the elimination of the nonconforming status. Long term, the two vacant lots could see increased property and improvement values if developed for housing. RECOMMENDATION The Plan Commission approved of this request at its July 7, 2009 meeting. Approved, City Manager ITEM: ZONE CHANGE FROM M -2 CENTRAL INDUSTRIAL DISTRICT TO R -2 TWO FAMILY RESIDENCE DISTRICT FOR PROPERTY LOCATED AT 410 AND 411 WEST 5 TH AVENUE Plan Commission meeting of July 7, 2009 GENERAL INFORMATION Applicant: Gerard & Felicitas Zarling & City Administration Property Owners: Gerard & Felicitas Zarling & Richard Hunt Action(s) Requested: Zone change from M -2 Central Industrial District to R -2 Two Family Residence District 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 sound planning principles. Property Location and Background Information: The subject 0.3 acre area is zoned M -2 Central Industrial District and is located near the intersection of West 5 Avenue and Iowa Street. The subject area consists of two separately owned parcels located at 410 and 411 West 5 Avenue across the street from one another. The application for rezoning was submitted by the owners of 410 West 5 Avenue, which is a 60 x 125 foot lot (7,500 sq ft) who are currently in the process of selling the property, for which potential buyers are having difficulty securing financing based on the industrial zoning designation. As part of the City's continued efforts to correct inconsistencies in regard to existing uses and recommended uses of the Comprehensive Plan, staff looked at the immediate vicinity of this rezoning request and observed that the 50 x 125 foot (6,250 sq ft) lot located at 411 West 5th Avenue was also designated M -2 but is used as lawn area for the single - family home at 421 West 5 Avenue. It is designated residential in the Comprehensive Plan and therefore staff, with the owners consent, is including it as an addendum to the rezoning request. Subiect Site Two - Family Residential Home and Vacant Residential Lot I M -2 Adiacent Land Use and Zonin Exashngand'Ylses >,s ".. 3 6 A ' Zoning N Y North General Industrial M -2 South Single - Family Residential R -2 East Light Industrial M -2 West Single - Family Residential R -2 ANALYSIS The area included in the rezoning request contains one parcel with a two - family residential home and one parcel that is vacant. The developed parcel is considered legal nonconforming as to use, meaning that the existing two - family home may be continued but may not be expanded 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 vacant lot is not nonconforming to use but is extremely limited in its ability to accommodate industrial uses as the lot area of 6,250 square feet and dimensions of 50 x 125 feet are quite small for any development other than residential. A rezoning to the R -2 District will be consistent with the adjacent zoning to the west and south as well as make the existing two - family use permitted and conforming. After contacting the owner of the vacant lot, staff discovered that long -term plans of the vacant lot include either its sale for residential use or combination with their existing adjacent residential lot. Consistency with the Comprehensive Plan is attained as the mixed downtown designation and the residential designation include the current and future anticipated uses. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of rezoning from M -2 to R -2, as proposed. The Plan Commission approved of the rezoning as requested. The following is the Plan Commission's discussion on this item. Mr. Buck noted that upon reviewing the Zarling's request and other land uses on both sides of W. 5th Avenue, staff noted the vacant lot on the south side of W. 5th Avenue, adjacent to 421 W. 5th Ave., was also zoned industrial. Staff contacted that owner, who lives at 421 W. 5th Ave., to inquire if they were interested in changing the zoning of this lot to residential. Rezoning these lots, which are in an approved redevelopment area, is consistent with the Comprehensive Plan. Mr. Thorns inquired about the residential properties along West 6th Avenue? Mr. Buck noted staff is reviewing this area and a possible downzoning will be coming before the Plan Commission in the near future. Motion by Borsuk to approve the rezoning from M -2 to R -2 as requested. Seconded by Thoms. Motion carried 9 -0 Item —Rezone 410 411 W 5" Ave (0 City of Oshkosh SUBMIT TO: Dept. of Community Development OJKQIH General Application 215 Church Ave., P.O. Box 1130 ON THE WATER Oshkosh, WI 54901 * *PLEASE TYPE OR PRINT USING BLACK INK ** PHONE: (920) 236 -5059 APPLICANT INFORMATION Petitioner: Date: Petitioner's Address: City: State: Zip: Telephone #: ( ) Fax: ( ) Other Contact # or Email: Status of Petitioner (Please Check): ❑ Owner ❑ Representative ❑ Tenant ❑ Prospective Buyer Petitioner's Signature (required): Date: OWNER INFORMATION Owner(s): Y'd �ei1 Y I OQ, Date: jnA Owner(s) Address: (-} 10 LA-) 6 City: � / S� I S � StateQ. � Zip: E; q Telephone #: t JO) Fax:,( ) Other Contact ,# or Email: r y - y 1 Ownership Status (Please Check): KIndividual ❑ Trust ❑ Partnership ❑ Corporation 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 by the Plauuinvices Division for incorpplpte submissions or other administrative reasons. Property Owner's Signature: Date: ,2 D TYPE OF REOUEST: ❑ Access Control Variance ❑ Easement ❑ Privilege in Street (identify) ®'Other (identify) SITE INFORMATION z a Address/Location of Proposed Project: 91 n W 15 A V C Proposed Project Type: /t/1 Current Use of Property: Land Uses Surrounding Your Site: North: Zoning: South: _2 r ; k East: 1 (ill [ Ct Y West: . ➢ 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 For more information please visit the City's website at www.ci.oshkosh.wi.us/ Community _Development /Planning.htm Staff Date Recd &A-0 3 REZONING 410 W 5" AV & ADJACENT LOT PC: 07 -07 -09 FELD SARA /STICHERT PAULETTE 416 W 5TH AVE OSHKOSH WI 54902 JELD -WEN WINDOWS & DOORS 3303 LAKEPORT BLVD KLAMATH FALLS OR 97601 RE 421 OREGON ST EIDEN DEBORAH H 416 W 6TH AVE OSHKOSH WI 54902 5914 HENDRICKS THOMAS P /MARY M PO BOX 2162 OSHKOSH WI 54903 2162 RE VACANT LOT W 5' AV WILLIAMS THOMAS L /JUDITH 1806 DOTY ST OSHKOSH WI 54902 6950 RE 501 IOWA ST HAEDT MARCIA D 408 W 6TH AVE. OSHKOSH WI 54902 5914 ZARLING GERARD L /FELICIT 6754 WOODEN SHOE RD NEENAH WI 54956 RE 410 W 5TH AV HUNT RICHARD G 421 W 5TH AVE OSHKOSH WI 549025905 RE VACANT LOT W 5 AV DERKSEN CAROL S 412 W 6TH AVE OSHKOSH WI 54902 5914 4 W AM � f p ° jvll ma- I I l �