Loading...
HomeMy WebLinkAbout10-68MARCH 9, 2010 10 -68 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM R -2 TWO FAMILY, C -2 GENERAL COMMERCIAL AND C -2 GENERAL COMMERCIAL WITH A PLANNED DEVELOPMENT OVERLAY TO C -1 NEIGHBORHOOD BUSINESS / KNAPP STREET, BETWEEN WEST 5TH AVENUE AND WEST 10TH AVENUE 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 R -2 Two Family, C -2 General Commercial and C -2 General Commercial with a Planned Development Overlay to C -1 Neighborhood Business. (as described in the attached Exhibit A) 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 #10 -XXX APPROVE ZONE CHANGE FROM R -2 TWO FAMILY, C- 2 GENERAL COMMERCIAL AND C -2 GENERAL COMMERCIAL WITH A PLANNED DEVELOPMENT OVERLAY TO C -1 NEIGHBORHOOD BUSINESS / KNAPP STREET, BETWEEN WEST 5TH AVENUE AND WEST 10TH AVENUE on March 23, 2010. The Ordinance changed the zoning classification to C -1. 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 Rezone Knapp Street Area, Between West 5th Avenue & West 10th Avenue From R -2 to C -1 Lot 7, Block 1, FB Kings Subdivision, plus public right -of -way abutting said lot to the centerline of W. 9th Ave.; also a part of the NW Y4 of the NW Y4, Section 26, described as the E 50 ft. of the W 170 ft. of the N 200 ft. excluding the N 150 ft., Lot 16, Farming Land, all in the 13th Ward, City of Oshkosh, Winnebago County, Wisconsin. (generally located west of 1009 W. 9th Ave., and south of 947 W. 9th Ave.) From C -2 to C -1 All of Lots 1, 2, 3 & 4, Block 1, FB Kings Subdivision, plus public right -of -way abutting said lots extending to the centerlines of Knapp St. and W. 9th Ave., 13th Ward. Also being a part of the NW Y4 of the NW Y4, Section 26, described as the W 95 ft. of the N 150 ft. and the E 25 ft. of the W 120 ft. of the N 150 ft., Lot 16, Farming Land Subdivision, plus public right -of -way abutting said lots extending to the centerlines of Knapp St. and W. 9th Ave., 13th Ward. Also all of Lots 12 & 13, Block 6; also all of Lots 10, 11, 12, 13, & 14, Block 4; also all of Lots 10, 11 12 13 14 & 15, Block 2, Progressive Home Plat, plus public right -of -way abutting said lots extending to the centerlines of Knapp St., 6th Ave., 7th Ave., 8th Ave. and 9th Ave., 6th Ward. Also Lots 9, 10, 11 & 12, Block 1; also Lots 9 & 10, Block 4, Investment Addition, plus public right -of -way abutting said lots extending to the centerlines of Knapp St., 6th Ave. and 7th Ave., 6th Ward. Also Lots 17, 18 19, 20 & 21, Block 2, Anna M. Lull's 1st Addition, plus public right -of- way abutting said lots extending to the centerlines of Knapp St., 5th Ave. and 6th Ave., 6th Ward. All in the City of Oshkosh, Winnebago County, Wisconsin. From C -2 PD to C -1 All of Lots 1, 2, 3, 4, 5, & 6, Assessor's Plat No. 8, plus public right -of -way abutting said lots extending to the centerlines of Knapp St. and 9th Ave., 6th Ward, City of Oshkosh, Winnebago County, Wisconsin. QfHKOIH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: March 4, 2010 RE: Approve Zone Change from R -2 Two Family, C -2 General Commercial and C -2 General Commercial with a Planned Development Overlay to C -1 Neighborhood Business / Knapp Street, between West 5 1h Avenue and West 10 Avenue (Plan Commission Recommends Approval) BACKGROUND The subject 7.8 acre area is multi -zoned with C -2 General Commercial, C -2PD General Commercial with a Planned Development Overlay and R -2 Two Family Residence Districts. The area is located along both sides of Knapp Street from W. 5 th Avenue to south of W. 9 Avenue. The subject area contains 24 parcels, 17 of which are zoned C -2, five are zoned C -2PD and the remaining two have a split zoning of C -2 and R -2. Late 2009, Planning Services was contacted by a residential property owner within the subject area who is having difficulty selling his duplex due to its C -2 zoning classification, which prohibits residential uses and makes all existing residential uses legal nonconforming (grandfathered). ANALYSIS Planning staff analyzed the existing land use pattern along Knapp Street and compared that with the recommended land -use from the Comprehensive Plan, and as a result, is proposing a zone change to help alleviate the residential nonconforming issue while not affecting the existing commercial uses. The C -1 Neighborhood Business District zoning is being proposed because of its flexibility in allowing a number of uses including residential and commercial uses. The City's Comprehensive Plan identifies this area as suitable for commercial uses however the C -2 District is intended for more intense commercial uses typically found along heavy commercial corridors, large shopping centers and business parks. This current C -2 zoning classification would also allow light industrial uses (with Conditional Use Permit) which conflicts with the recommended land use plan and would negatively impact the surrounding residential uses. The C -1 zoning classification is most beneficial as it is compatible with the existing residential uses and does not diminish or hinder the operations of the existing or future commercial uses. 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 February 2, 2010 meeting. Approved, City Manager �,:: ILL , �. � �' *' 9Y7 T17 ><' 8TH AVE 8TH M1 7 829 ❑ El El C To � From R 2 4 112 W 9TH AVE 9TH AV ............. 1041 1 009 861 9 w3 � � �o ,,..� y ........... From R ............. T o C - 2 FIE] 0 E > 6 940 924 10 1 904 1148 W 1 0TH AVE W. 1 0TH 8 SA U) 1015 u 71 71 Rezone from R-2, C-2 & C-2 PD City of Oshkosh Wisconsin DISCLAIMER To C-1 This map is neither a legally recorded map nor Community Development a survey and it is not intended to be used as one. ------------------------------------------- This drawing is a compilation of records, data Knapp St. Area N and information located in various city, county and state offices and other sources affecting Between 5th Ave & 10th Ave the area shown and it is to be used for reference + purposes only. The City of Oshkosh is not re- 3/4/2010 sponsible for any inaccuracies herein contained. 1 200' If discrepencies are found, please contact the City of Oshkosh. Created by - D ITEM: ZONE CHANGE FROM C -2 GENERAL COMMERCIAL, C -2PD GENERAL COMMERCIAL WITH PLANNED DEVELOPMENT OVERLAY AND R -2 TWO FAMILY RESIDENCE DISTRICTS TO C -1 NEIGHBORHOOD BUSINESS DISTRICT FOR PROPERTY LOCATED GENERALLY ALONG KNAPP STREET FROM W. 5 AVENUE TO SOUTH OF W. 9'M-AVENUE Plan Commission meeting of February 2, 2010 GENERAL INFORMATION Applicant: City Administration Property Owners: Multiple Action(s) Requested: The City is requesting a change from C -2 General Commercial, C -2PD General Commercial with a Planned Development Overlay and R -2 Two Family Residence Districts to C -1 Neighborhood Business 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 good planning principles. Property Location and Background Information: The subject 7.8 acre area is multi -zoned with C -2 General Commercial, C -2PD General Commercial with a Planned Development Overlay and R -2 Two Family Residence Districts. The area is located along both sides of Knapp Street from W. 5 th Avenue to south of W. 9 1h Avenue. The subject area contains 24 parcels owned by 24 property owners. 17 of the subject properties are zoned C -2, five are zoned C -2PD and the remaining two have a split zoning of C -2 and R -2. Late last year, Planning Services was contacted by a residential property owner within the subject area who is having difficulty selling his duplex due to its C -2 zoning classification which prohibits residential uses and makes all existing residential uses legal nonconforming (grandfathered). Planning staff analyzed the existing land use pattern along Knapp Street and compared that with the recommended land -use from the Comprehensive Plan, and as a result, is proposing a zone change to help alleviate the residential nonconforming issue while not affecting the existing commercial uses. The C -1 Neighborhood Business District zoning is being proposed because of its flexibility in allowing a number of uses including residential or commercial uses. Subiect Site Existing Land Use Zonin Residential & Commercial C -2, C -2PD & R -2 Adiacent Land Use and Zonine Existing Land Uses Zoning North Residential R -2 South Residential R -2 East Residential R -2 West Residential & Institutional R -2 Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS The area included in the rezone request is a mixed use area with existing one and two - family residential uses comprising approximately 63% of all parcels and 38% of total land area. These 15 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 or rebuilt as a residential dwelling. The rezoning area also includes five commercial parcels comprising 21% of the properties and 17% of the land area. Lastly, four mixed use commercial /residential properties equal 17% of the parcels and 16% of the land area. Public right -of -way makes up the remainder of the area with 30% of the total land area. The use breakdown is depicted in the table below. LAND USE BREAKDOWN Use Number of Parcels Acreage Single Family 11 2.20 Two Family 4 0.74 Commercial 5 1.29 Mixed Use 4 1.26 Right -of -Way - 2.31 Total 24 7.80 A rezoning to the C -1 Neighborhood Business District will make the residential and commercial uses permitted uses in the zoning district. The attached Zoning Comparison Table lists uses permitted (P) and conditionally permitted (C) in both the existing C -2 District and the proposed C -1 District. The list includes uses currently found within the subject area and is only a sample of what uses are permitted. The City's Comprehensive Plan Land Use maps identify this area suitable for commercial uses. The current zoning is consistent with that recommendation; however, the C -2 zoning is viewed by staff as inappropriate for this area. The C -2 district is intended for more intense commercial uses typically found along commercial corridors, large shopping centers and business parks. Introduction of new commercial developments in this area would be a challenge due to the existing small parcels and greater setbacks required of the C -2 District. In addition, the C -2 district allows light industrial uses via Conditional Use Permit which conflicts with the recommended land use plan. Just as important, the introduction of industrial uses could negatively impact the surrounding residential uses in this area. Based on the existing land uses within the subject area, the C -1 Neighborhood Business District is a more appropriate zoning. This area is a prime example of what the C -1 District is aimed to represent: a neighborhood setting with a mix of residential and small -scale commercial uses. Staff initiated this zone change to maintain the health of the residential properties in this area by providing residential property owners the ability to make significant improvements to their properties without running into conflicts with the Zoning Ordinance. The benefit of this zone change is that it helps the existing residential uses while not impairing the operations of the existing commercial uses. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of rezoning from C -2, C -2PD and R -2 to C -1, 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 the updating of the zoning in this area was initiated by a request from a residential property owner who was experiencing difficulty in selling his duplex due to its C -2 zoning classification which prohibits residential uses and makes all existing residential uses legal nonconforming. He stated that the zone change would affect 24 properties and reviewed the current zoning of the parcels and the current land uses of said parcels. The residential uses are considered legal nonconforming uses and are allowed to continue to exist but cannot 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 or rebuilt as a residential dwelling. Mr. Nau stated that the C -1 zoning classification would permit a commercial or residential uses on individual parcels and is more appropriate for this area. He reviewed the Comprehensive Plan land use plan as well as the permitted uses of both the C -1 and C -2 zoning classifications. A neighborhood meeting was held in January and the feedback from property owners was mainly positive. Ms. Propp questioned how this would affect the parcels within the Planned Development area. Mr. Nau stated that it would have no negative impact as the parcels within this area were four residential properties and one commercial parcel which would be an allowed use in the C -1 district. The change to the C -1 zoning classification would have less restrictive requirements for the commercial parcel than the current C -2PD designation so it would be beneficial to that use. Mr. McHugh questioned if a property owner of a restaurant use in the area was opposed to the zone change as it would reduces his ability to sell his property. Mr. Nau responded affirmatively and stated that the C -1 and C -2 zoning classifications were very similar and that the only restriction would be that the C -1 designation would not allow industrial use on the parcel, which require conditional use permit approval to establish anyway. Item — RezoneKnappStreet Mr. McHugh stated that it would effect what the property owner could do with the parcel and would be creating a road block for business in Oshkosh. Mr. Buck commented that all uses in the C -2 classification are permitted uses in the C -1 classification as well with the exception of industrial uses, which would not be harmonious with other uses in the area. Mr. Burich added the zone change would also clean up a split zoning currently on the restaurant site. Mr. McHugh questioned if the rezoning could exclude the restaurant property as he did not wish to create a nonconforming issue for this property owner if he wanted to go industrial, similar to the issues the residential land owners are currently experiencing. Mr. Buck responded that the restaurant use is a permitted use in the C -1 district and the homes are not a permitted use in the C -2 district so the zone change would not create a legal nonconforming use for the restaurant property. He further stated that to leave this property zoned C -2 would create spot zoning in this area as it would be the only parcel that would be zoned as such and spot zoning is poor planning practice. Jeffrey Schmiedel, 2880 Fox Fire Lane, stated that he owns a home in this area that he is attempting to sell and the buyer was unable to secure financing for the mortgage due to its commercial zoning classification. Mr. McHugh suggested that the rezoning of parcels be dealt with as the property comes up for sale. Mr. Fojtik commented that the concept would create spot zoning in the area which is not considered optimal and not good planning practice. Mr. Thorns stated that the zone change would not adversely affect the commercial properties in any way other than preventing industrial uses, which would not be acceptable uses in this neighborhood. It expands the use for most property owners and the neighborhood -type mixed use was appropriate and cohesive with the Comprehensive Plan. Motion by Nollenberger to approve the zone change from C -2, C -2PD, and R -2 Districts to C -1 Neighborhood Business District as requested. Seconded by Borsuk Motion carried 8 -1. Ayes - Borsuk /Bowen/Thoms/Fojtik/Hinz/Propp/ Vajgrt /Nollenberger. Nays- McHugh. Item — RezoneKnappStreet i z O Q O U 0 Z z O N L Q N U J D L- 0 LL fu L Q c O 4A U J F- a� �o w W Q (L U o. a. CL U O U N W Ug �. O U 0 Q o� Q OU V O v i O O p m Ow a a a. a U a. a a ., w z z� V m O U U �a c J cn Q .� c .� O ~ c .L Of c O to _ d O U 3 as O m = N �_ 4A eJ 5TH W. 1025 933 929 923 919 915 905 847 843 R -2 1020 940 934 930 926 920 914 910 906 6TH 1039 1033 1029 1025 1019 1015 943 935 927 921 917 911 907 903 v, y 1048 1038 1028 1024 1016 1014 _ t 940 936A 936 926 922 916 910 906 1 1 902 -2 W 7TH 1051 1043 1039 1033 1029 1023 1017 1013 Yr 943 933 925 919 907 903 9 91 1 1 4 d� �k x 938 930 926 920 912 904 R -2 8TH �±- 951 935 931 927 921 917 913 907 1048 1044 1036 1028 1022 1016A 1 B 1016 1012 g 0q$ b 948A 910A 948 944 940 934 928 920 916 910 906 900 R -2 1 . 9TH 1041 1035 1031 1027 1021 a t5 x �+ � x95 a e 9411 937 933 925 921 913 Win E'"�31 fs' �.,Z <NAgx, "g `„'�*... * C Y k §.4 OOf � My M � N N DISCLAIMER N This map is neither a Me recorded map nor a survey and it is not inten d to be used as one. Rezoning from - - - R 2, C 2 & C 2 P D to C -1 This drawing is a compilation of records, data A and info ff i l o cat ed c it y, fcounty and statte office es and other er sources affecting Knapp Street, 5th to 9th Avenues the area shown and it is to be used for reference purposes only. The City of Oshkosh is not 01 -08 -2010 responsible for any inaccuracies herein contained. If discrepancies are found, please contact the 90 0 90 1 8 0 Feet Scale: 1" = 150' City of Oshkosh. Source: City of Oshkosh GIS eJ m N w w b b a b 2 r ' In m to 2 N N b N b H 9C 3$ \ \ m a a m m m £ m F m x m w E� w >+ > a> w R W q w H >in ? w a >in a W w Wp�n w xEU, 3'ay'3 F3 3 QE3 Q W aHS a 3 ul 3 ril to al tri V, ' Pinx Dom six W U1 to aox EO m xmx W wm . Hrfm R;rx pwm wHm UUUm0 Nrn0 mH0 RJm0 £0+0 xrna mo+0 U a z co ko H 14 C4 kD e W Ln U D n m q 'D G pp N .7 N L O N w > y W > a H R o . a O w 0 '� N O w P, o '� .7 N \ O fG W m 4 s(w Fpt1a m a e� W m £Ua a m a O m a Ln a 0. E. 1t1 U1 x L '!� y Ln N a C ��� Gi i ! U w L q 3 3 L 3 >� 3 o 3 r 3 3 E o o ri E zr x n a W a 00 0 a v ai � aa �03 � �a w oom w zvi o �R 0m0 � RC 0a) mo qT)2 ov0 � 11 0 .7rnp R D7 N a o 's e L C o�0 a r w 3 m b e� .aagy b + U N m Q � a b m 1D w b 94 o o �m �p' g q 7 N a U til Di l N Qi N qi e 1 a O s o 0 qo a o Ep7o [�aN y Q.'�U1 Q m w I W z U1 w G' 7r aw H WU1 .p °� M �� V) , L 3 4 0 '�qy w a Ca HHH'3 w9 3 a Ho3 x 2: V x a > 1 H W x H "� a H x a 1 m zo xm Hom 0 m o mm o m 2 zo a . a N.T. E O CD E. N rx r U � rlx �7lNx a W N rx q Hx WHO zm0 N HO x010 mH0 Piro HO N O N H O O U1 W r1 x O N b In w w in Ln RC Ln P IF H s N In o N N N N N (J N L h N \ N i1 W N �' m m m m H O w wa w h W a R >u�i rA i4 p wW In z �a] «a a � l xx�rr l�u�i a H o Z > Ln Ln Ln F] Fu m W H NCH H g ° h H w H mH .] H u�x x Q H N w a . FH ix p m H a�i Ln e4 %D Q p QIn x Ln x 1 G F o +x h to m HH pp�� a 3O H3c Ex O m L SO $ O a O �a HOO 2 W U AG FNx W a4 �,x z ppG� wox x W Nx DG H m p p� uox b4 �wx P7ox Nx D+Ln x U D U D NEa w0 rfm m0 p Vim am0 Wtom ca�wm pGmO d-m 2m0 1`Im 2010 r,C IDm m%00 N Um Do N0 OHM pgr0 ,.7m0 zz H In w m LO r1 m In w \ r1 2 b Q r r m W r� r r N O m w . In W a m m in w W m W In E V) N .7 N p" N x w > N N A. N a N > N H N W o m 0 w D� o DI m o Df ! o W 01 o m E o m D1 O q o a a1 G o W m a o m WEu m £ Dw 3 w Hm Ert Lo �N W �H 'Qjq,, L Q m Em Em Egm L 0.' In a >m a H .7 H x H u HrIH 'JxH H m w m H amoH ��, xH G. $ FZ >+ 3 ax3 n 4Hr. >N H F m tW�F3 H2 y q tr m W DC 9,2 Q DGO z m m � O v�z7�x3 bb ?���jyjx ( 640 X4 W x D; N m Qi O m W H w m m m r4 O w � o N o a o 0 w w o H o w in o t m o W 0 C7 11 fZ 0 U Q > Q in w 1D rq In 1n W m b N [-1 N W N r. In "C�7 - .7 N In > N 4 0 > GWCI N y N Q N F7 N 7.� N N h N F o € H O1 � 0 u O1 Wa 0 qq r a w z m a ? (� w p ' t� 0 r� m SWw 0 .7 m W w HH^�FIn 0 S W m W >w '�y N ?I o m h w \\FIn \ 0 N m ww >�n 0 q m H w »m N N o 'j H z z N H a x z p q m W H y O ' >in E a H x s ? m H g a 3 -'1 [r x H E z W w m H 2 2 a z a W Q Q H q x 3 Q a N x S Iyt Rh 1zi NO. W o na,rYxn, Hr a�vi W Gmy N a O a a 2 w 2 b vi 'y 5 x .0 . a m u S ,7�. F z S *,��� T. 3 . sC •• W yy U In o m x O N m o c� H a O m .xT. U w m W r x H o m d4 H = o o m D >+ N x Q O o m zz r1 x r1 w m Pi w x W w m a.Y. P1 mb0 qm0 zS Om0 >Gb0 £HO wcArO C9m0 wm0 �r ay W F IDIOM W , 0P 2WIM 100!-70 W F-M Rum 1 0 - 4 RMS02M rI a- 31 N7 L U AR I EW1 W -1 90 -8131-1 17 . W N - AN M P'F!! ION" I I ONE 0 polls ps I ----------------- 7 ------------------------------------------------------------------- ---------------- W ------------------------------------ I-0-T-H ----------- I f --------------------- - am I as I & 1:K' I I tam I M I M. I at 0 1 & s I RWA I I MIM1 DISCLAIMER REZONING PETITION This map Is neither a legally recorded map nor rvey and It a su Is not Intended to be used as one. This drawing Is a compilation of records, data KNAPP ST-5TH TO 9TH AVS. N H lH and Information located In various city, county and state offices and other sources affecting ON THE WATER the area shown and It Is to be used for reference City of Oshkosh purposes only. The City of Oshkosh Is not re- sponsible for any Inaccuracies herein contained. Scale: 1 Department of 200' If discrepancies are found, please contact the A Community Development City of Oshkosh. Created by - dff 01/18/10 N I iv iw -, i Lim MP ) , iiiii ■iW u � . u�� rafllllllllllll ■� �� n �_�III��IIIIIIIiII 'II! �� IIIIIIIIIIIillll! /I r�t`1r1ma nnni 611 A1I.'N:7 111111{' 1111in ■.1 i pi wj la 40 em wa �� III 1' , Mall 1,10 ! l �� ia' X11111 Memo PA I WIIIIM �'��ii 1111111 .1 ■111 F f 1 +��' �1 1111: E1111.71 !_ 1�II =b-7M 1111 it _� -- -• - M G zr .Fi ll LA �1 r � �unm i t�M it � 111111111 AP DISCLAIMER REZONING PETITION nel 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 KNAPP ST -5TH TO 9TH AVS. Scale: 1" = 200' N OYHKOlH ON THE WATE" City of Oshkosh Department of Community Development 01/18/10 9