HomeMy WebLinkAbout09-402OCTOBER 27, 2009 09 -402 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE ZONE CHANGE FROM R -2 TWO FAMILY AND M -2
CENTRAL INDUSTRIAL TO C -3 CENTRAL COMMERCIAL WITH
A PLANNED DEVELOMENT OVERLAY / NORTH SIDE WEST
6TH AVENUE, WEST OF OREGON STREET, EXTENDING
WESTERLY TO CITY -OWNED LANDS AT THE INTERSECTION
OF MICHIGAN STREET AND WEST 4TH AVENUE
INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT
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 properties described in the attached "Exhibit A ", from R -2 Two
Family and M -2 Central Industrial to C -3 Central Commercial with a Planned
Development Overlay.
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 -XXX APPROVE ZONE CHANGE FROM R -2 TWO FAMILY
AND M -2 CENTRAL INDUSTRIAL TO C -3 CENTRAL COMMERCIAL WITH A
PLANNED DEVELOMENT OVERLAY / NORTH SIDE WEST 6TH AVENUE, WEST OF
OREGON STREET, EXTENDING WESTERLY TO CITY -OWNED LANDS AT THE
INTERSECTION OF MICHIGAN STREET AND WEST 4TH AVENUE on November 10,
2009. The Ordinance changed the zoning classification of properties on the north side
of West 6th Avenue, west of Oregon Street, to C -3 PD. 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.
"EXHIBIT A"
Zone Change
From R -2 Two Family and M -2 Central Industrial
To C -3 Central Commercial with A Planned Development Overlay
North Side West 6th Avenue, West Of Oregon Street, Extending Westerly To City -
Owned Lands At The Intersection Of Michigan Street And West 4th Avenue
From M -2 to C -3 PD: All of Lot 1 and Outlot 1, CSM 5748 recorded as Doc. No.
1361929, Register of Deeds, 9th Ward, (commonly known as 421 Oregon St.); also
All of Lots 15 thru 20, Block 63; also Lot 24, Block 79; also the E 40 ft. of Lot 23, Block
78, all in the Plat of the original 3rd Ward, 9th Ward; commonly known as 322 -346 W.
6th Ave.; 402 W. 6th Ave., (vacant lot adjacent to 410 W. 5th Ave.); also
Lots 4 & 5; also N '/ vacated W. 2nd Ave. lying E of W line of Lot 4, Block 75, also Lot
1, excluding a triangular piece of land off the NWly corner of Lot 1 that is 35 ft. on the N
line and 42 ft. on the W line; also S 1 / of vacated W. 2nd Ave., E of the E line of
Michigan St.; excluding the W 35 ft.; also all of Lots 10 thru 12, Block 76, all in the Plat
of the original 3rd Ward, also Lots 1 & 2, Lewis Replat; 9th Ward (commonly known as
362 Michigan Street); also
Part of the following described property: A part of vacated W. 2nd Ave. and Michigan
St.; part of Lot 24, Block 92, Lot 1, Block 76; Lots 1, 2 & 3, Block 75, described as:
beginning at the SE corner of Michigan St. and vacated W. 2nd Ave, thence W along
the extended S line of said 2nd Ave. 60 ft. to the NE corner of Lot 12, Block 93; thence
N 52 -34 -39 W 56.71 ft.; thence NEly to a point of the E line of Lot 24, Block 92, 70.41
ft.; thence N along the W line of vacated Michigan St. to the 1911 US Harbor Line;
thence SEly along the Sly line of said Harbor Line to a point on the extended E line of
Lot 3, Block 75; thence S along said extended E line to the centerline of vacated 2nd
Ave,; thence W along the centerline of vacated 2nd Ave. to a point 35 ft. E of and 30 ft.
N of the point of beginning; thence S to the S line of vacated 2nd Ave. to SWly to a point
on E line of Michigan St. that is 42 ft. S of the point of beginning; thence N along the E
line of said Michigan St. 42 ft. to point of beginning, all in the Plat of the Original 3rd
Ward, 9th Ward, per the attached map (generally located along the Fox River, behind
508 W. 4th Ave.); also
That part of Lots 12, 22, 23 & 24, Block 93, Lots 10, 11, 12, 22, 23 & 24, Block 94 and a
part of vacated 3rd Ave., described as: beginning at the intersection of the W line of
Michigan St. and the S line of Block 94; thence W along said line of said Block 94 to a
point 30 ft. Ely of and perpendicular to the centerline of the main track of the former WC
Ltd. RR; thence Nly and Ely parallel with and 30 ft. from the centerline of the former said
main track Wisconsin Central Ltd RR to the W line of said Michigan St.; thence S along
the W line of said Michigan St. back to the point of beginning; all in the Plat of the
Original 3rd Ward, 6th Ward (commonly known as 508 W 4th Ave.); also
"EXHIBIT A" cont'd
Lots 8, 9, 20, 21 and part of Lots 7, 10, 19 & 22, Block 94; Lot 22 and part of Lots 10,
11 12 20 21 23 & 24 Block 93 and part of vacated 2nd Ave. in Doc. 1036753,
Register of Deeds, all in the Plat of the Original 3rd Ward, 6th Ward (property adjacent
to 508 W 4th Ave.)
From R -2 to C -3 PD: All of Lots 6 & 7 and part of Lots 8 & 9, Block 78, Plat of the
Original 3rd Ward, 9th Ward per the attached map (commonly known as a part of 421
Oregon St. at the Sly intersection of W. 4th Ave. and Lewis St.)
All in the City of Oshkosh, Winnebago County, Wisconsin. All zoning designations go to
the centerlines of adjacent streets.
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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.
Rezone
F I'D1TI R - 2 & M - 2
City of Oshkosh Wisconsin
Community Development
This drawing is a compilation of records, data
and information located in various city, county
To C -3 PD
N
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-
10/1/09
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
10 —_ 400'
City of Oshkosh.
Created by - D
OYHKOf H
ON THE WATER.
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich /1�
Director of Planning Se ices
DATE: October 22, 2009
RE: Approve Zone Change from R -2 Two Family and M -2 Central Industrial to C -3 Central
Commercial with a Planned Development Overlay / North Side West 6th Avenue, West of
Oregon Street, Extending Westerly to City -Owned lands at the Intersection of Michigan
Street and West 4 Avenue (Plan Commission recommends approval)
BACKGROUND /SUBJECT PROPERTY
The 36.2 acre subject site is generally bounded by the Fox River to the north, W. 6 and 4 Avenues to
the south, Oregon Street to the east and extending to west of Michigan and Iowa Streets with 35.8 acres
zoned M -2 Central Industrial District and 0.4 acres zoned R -2 Two Family Residence District. The area
contains 13 parcels and nine property owners containing industrial use, the City Sanitation Division, a
fishing pier, former marina, six residential dwellings, and three vacant parcels. The site is located in the
South Shore Redevelopment Area that identified a future zone change to Central Commercial zoning as it
is more flexible in terms of land uses that would be permitted such as residential land uses. The City's
Comprehensive Plan has also identified these older core industrial areas along the river as appropriate for
mixed use developments and the relocation of industries to the City's industrial parks.
ANALYSIS
The South Shore Redevelopment Area was created in 2003 with project area amendments in 2006 and
2009. The Redevelopment Plan lists a number of recommendations including zone changes involving
converting industrial classifications to central commercial classifications that offer more flexibility with
respect to permitting residential uses in the area. Mixed use possibilities including residential
development along the riverfront are also a goal of the Comprehensive Plan and the Planned
Development Overlay requires all new development to obtain Conditional Use Permit/Planned
Development approval, so the City retains the ability to review for compatibility with existing and
planned uses for the area. None of the existing legal uses within the zone change area will be made
nonconforming by the proposed zone change.
FISCAL IMPACT
None anticipated. The nonconforming properties will be made conforming which should stabilize or
increase property values over the long term.
RECOMMENDATION
The Plan Commission approved this request at its October 6, 2009 meeting.
Approved,
City Manager
ITEM:
OF WEST 4 &i
OUTH SHORE REDEVELOPMENT
STREET TO WEST OF MICHIGAN STREET
Plan Commission meeting of October 6, 2009
GENERAL INFORMATION
Applicant:
Property Owners:
Action(s) Requested:
City Administration
Multiple
FROM OREGON
Zone change from M -2 Central Industrial and R -2 Two - Family Residence Districts to C -3PD
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 site is generally bounded by the Fox River to the north, W. 6` and 4 Avenues to the
south, Oregon Street to the east and extending to west of Michigan and Iowa Streets. The 36.2
acre site has approximately 35.8 acres zoned M -2 Central Industrial District and the remaining 0.4
acres zoned R -2 Two Family Residence District.
The subject area contains 13 parcels and nine property owners. It is a mixed industrial area
containing an industrial use, the City Sanitation Division, recreational fishing pier, former marina,
six residential dwellings and three vacant parcels.
The site is located in the South Shore Redevelopment Area that identified a future zone change to
Central Commercial. The Central Commercial zoning is more flexible in terms of land uses that
would be permitted such as residential land uses that are currently prohibited in the industrial
district. The City's Comprehensive Plan has also identified these older core industrial areas along
the river as appropriate for mixed use developments and the relocation of industries to the City's
industrial parks.
Subiect Site
Multiple Commercial and Liaht Industrial
M -2 & R -2
Adiacent Land Use and Zo
�� ,��
xrstang a d 'Uses, r g
North N /A, Fox River N/A
South Residential /Commercial R -2 & C -3
East Vacant /Former Industrial C -3PD
West Residential /Commercial C -2, C -2PD, R -2
ANALYSIS
The South Shore Redevelopment Area was created in 2003 with project area amendments in 2006
and 2009. The Redevelopment Plan lists a number of recommendations including zone changes
throughout the district. The vast majority of zone changes involve changing industrial
classifications, which reflect the industrial heritage of the area, to central commercial
classifications that offer more flexibility with respect to permitting residential uses in the area.
Mixed use possibilities including residential development along the riverfront are also a goal of the
Comprehensive Plan. The PD overlay requires all hew development to obtain Conditional Use
Permit /Planned Development approval, so the City retains the ability to review for compatibility
with existing and planned uses for the area.
None of the existing legal uses within the zone change area will be made nonconforming by the
proposed zone change action.
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends approval of rezoning as proposed.
The Plan Commission approved of the zone change as requested. The following is the Plan
Commission's discussion on this item.
Mr. Burich presented the item and reviewed the area to be rezoned and the current land uses in
said area. He stated that the rezoning of this area from manufacturing use to commercial use was
consistent with the Comprehensive Plan and the South Shore Redevelopment Plan. If Jeld -Wen
does not re- initiate light industrial use within 12 months, the area will become a commercial
district. If any significant expansion of the manufacturing use was requested, the item would be
required to come before the Plan Commission for review, however the long -term plans for the City
is not manufacturing use in this area. This action will also make the homes on W. Sixth Avenue a
conforming use.
Mr. Thorns questioned why the City was moving forward with this action at this time.
Mr. Burich replied that timing was right for the rezoning as Jeld -Wen has ceased operations on the
site and is looking to market the property for sale.
Mr. Bowen inquired how this rezoning would impact the homes located on W. Sixth Avenue.
Mr. Burich responded that residential uses are permitted in the C -3 district which would benefit the
homeowners as it would make their properties a conforming use in this district.
Item— Rezone SouthShoreRedevArea
Motion by McHugh to approve the zone change in the south shore redevelopment area,
north of W. Fourth & Sixth Avenues to the Fox River, from Oregon Street to west of
Michigan Street.
Seconded by Borsuk. Motion carried 7 -0.
Item — Rezone SouthShoreRedevArea
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DISCLAIMER REZONING PETITION
This map is neither a legally recorded map nor M -2 & R -2 TO C -3 P D
�T
a survey and it is not intended to be used as one. 1V O,f HKOlH
This drawing is a i of records, data W EST O F OREGON ST
and information located sated in n various city, county oa Tiie wansR
and state offices and other sources affecting W 6TH AV TO W 4TH AV
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
sponsibie for any inaccuracies herein contained.
If discrepancies are found, please contact the Community Development
City of Oshkosh. Scale. 1 n — 400
09/23/09
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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 discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
REZONING PETITION
M -2 & R -2 TO C -3 P D
WEST OF OREGON ST
W 6TH AV TO W 4TH AV
Scale: 1" = 400'
0
N O.fHKO.fH
ON THE WATER
City of Oshkosh
Department of
Community Development
09/23/09
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