HomeMy WebLinkAbout10-94MARCH 9, 2010 MARCH 23, 2010 10 -68 10 -94 ORDINANCE
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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.
0
Of HK fH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich �Q1Uv.
Director of Planning S ices
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 5th 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. 5th Avenue to south of W. 9th 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).
In looking at the City's 1965 zoning map it appears this area was zoned as C -3 which at that time was simply
identified as Commercial, and is reflective of the current C -2 zoning designation. At that time, the C -3
zoning district prohibited residential uses so all residential uses have been nonconforming for at least the past
40+ years. Why this was zoned as a general commercial district in the 1960's or before is up for speculation
as staff cannot find any records indicating the rationale for this decision other than it was at the intersection
of two more heavily traveled traffic corridors (9 Avenue and Knapp Street). The intent may have been to
create a general commercial district (similar to present day Koeller Street) and eliminate all residential uses
from the mapped area as this was done prior to the development of the frontage road system.
In the mid 1990's when the Zoning Ordinance was re- codified following the update of the Comprehensive
Plan, the commercial district classifications were changed (eliminated one district altogether) and the C -3
district became the present day C -2 district and the map changed correspondingly, which is where we are
today.
The intent of the non - conforming use statutes is clear, eventual elimination of the non - conforming use over
time transitioning into the intended use of the district. The Zoning Map is used by the City to direct growth
(i.e. Residential, Commercial, and Industrial) and to identify the intensity of that corresponding growth (i.e.
C -1, C -2, C -3) by adopting density and development standards for those districts in line with the
Comprehensive Plan.
In this situation the City had identified this area as being a general commercial area and adopted the zoning
map accordingly with the C -3 (now C -2) designation. By doing this it was the intention of the City, at that
time, that a general commercial district be established and that all residential uses be eliminated over time in
favor of new more intense commercial growth.
As the City grows and community standards change, consistent with the Comprehensive Plan, the City's
zoning ordinance and map follow accordingly. Areas that were once deemed appropriate for a general
commercial use may now be more appropriate for neighborhood commercial use (and vice - versa) and as
zone change requests occur, staff evaluates the area to determine if broader changes are required to keep up
with Comprehensive Plan goals and the intended character of the area. For example, a similar situation
occurred last year in the S. Main St. area where residential property owners were having financing issues due
to their non - conforming status in a manufacturing district and a map change to a commercial classification
was adopted.
If it is the intention of the City that this area remain as a general commercial district versus a neighborhood
business district then the zone change should be denied. The Plan Commission reviewed the request in the
context of the Comprehensive Plan and character of the area and has recommended approval to the
Neighborhood Business zoning. Additionally, staff held a neighborhood meeting to discuss the proposed
zone change and at that time, of those who attended, all but one was not opposed to the zone change.
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 fourteen residential nonconforming uses and the non - conforming commercial parking lot 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 (attached please see the zoning comparison
document). 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. The current C -2 General Commercial 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.
Staff has since learned that an opposition petition is being circulated (by the original party opposed to the
zone change from the neighborhood meeting) to keep the present zoning classification in part for the
following reasons: that property values will be lessened; that the residential properties are rebuildable; and
that financing is not an issue for nonconforming uses. I would also note that the circulator of the petition did
not discuss these issues with staff prior to circulating the petition using the aforementioned concerns as a
basis for retaining the existing zoning.
According to the City Assessor, property values will not decrease for the commercial properties due to the
zone change because the permitted use of the property is not changing. Conversely, the zone change may
actually have the effect of increasing values of the residential properties overtime as they become more
valuable because they are no longer nonconforming. Additionally properties in a C -1 district are easier to
develop as setbacks are decreased in the C -1 district because of their presumed location in developed and
concentrated areas versus development in the C -2 district which requires greater setbacks due to presumed
more intense commercial development in larger greenfield areas. I would add that one of the commercial
property owners in the district, who has not signed the petition and owns one of the largest real estate firms
in the City, has not expressed any concerns to staff regarding the proposed zone change and the impact on
the value of his properties.
As to being able to be rebuilt, any new development will have to meet the underlying zoning requirements
which do not permit new residential uses. Additionally, there are constraints for such things as additions and
significant remodeling projects.
Lastly, in staff's experience, property owners are having difficulties obtaining financing due to the
nonconforming status of their properties. Financing issues are what initiated this request as well as the one
involving the manufacturing district along S. Main last year. Additionally, last year, staff was dealing with a
like issue in a C -1 district where a property owner was having difficulties selling their property because it
was in a commercial district and once it was explained to the lender that residential was permitted in the C -1
district, the sale was able to occur without a zone change.
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
Zoning Comparison Table
C -1 Neighborhood Business District (Section 30 -24)
and
C -2 General Commercial District (Section 30 -25)
Comparison Topic 7 C - 7 I C - 2
CUP = Conditional Use Permit
4tM -00 -0 14 p uct[i► . .
Setbacks (in feet)
w
10 %
30%
Single-Family Residential
Permitted
Not Permitted
Duplex/2-Family Residential
Permitted
Not Permitted
Multiple Family Residential
Permitted
Not Permitted
Mixed Use (Residential above Business)
CUP
CUP
Mixed USe (Residential on same floor as
Business)
CUP
Not Permitted
Bed & Breakfast
Permitted
Not Permitted
Boarding /Rooming /Lodging House
Permitted
Not Permitted
Fraternity /Sorority
Permitted
Not Permitted
Nursing Home
Permitted
Not Permitted
Church
Permitted
Permitted
Community Center
Permitted
Permitted
Retail
Permitted
Permitted
Professional Service
Permitted
Permitted
Personal Service
Permitted
Permitted
Animal Hospital
CUP
Permitted
Car Sales
Not Permitted
CUP
Light Industrial Uses
Not Permitted
CUP
Family Daycare
CUP
Not Permitted
Homeless Shelter
CUP
Not Permitted
Schools
CUP
Not Permitted
Treatment Centers
CUP
Not Permitted
Any uses permitted in C -2 & C -3 and not
listed in C -1, except Residential uses
CUP
Permitted
CUP = Conditional Use Permit
4tM -00 -0 14 p uct[i► . .
Setbacks (in feet)
w
10 %
30%
Front Yard Commercial
20
25
Residential
25
Not Permitted
Mixed -Use
20
25
Mobile Signs
Not Permitted
see Ground Sign
Side Yard Commercial
0
10
Residential
7.5 -10
Not Permitted
Mixed -Use
0
10
Rear Yard Commercial
20
25
Residential
25 -30
Not Permitted
Mixed -Use
20
25
Corner Front Yard Commercial
12 -20
25
Residential
25
Not Permitted
Mixed -Use
12 -20
25
Height (in feet)
Commercial
32
45
Residential
45
Not Permitted
Mixed -Use
45
45
e �
4M _
Wall & Projecting
w
10 %
30%
Ground Area
400 -1600 sq ft
400 -1600 sq ft
Height
30
30
Message Center
Not Permitted
100 sq ft
Mobile Signs
Not Permitted
see Ground Sign
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11--
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Rezone from R -2, C -2 & C -2 PD
DISCLAIMER To C -1 City of Oshkosh Wisconsin
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
Between 5th Ave & 10th Ave
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- 3�4�2010
sponsible for any inaccuracies herein contained. 1 __ 200'
If discrepencies are found, please contact the
City of Oshkosh.
Created by - D
i
ITEM: ZONE CHANGE FROM C -2 GENERA 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 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. 9th 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.
Sub'ect Site
Zn
R
C -2P D & R -2
Adiacent Land Use and Zoning
Existing Land Uses
Zoning
North
Residential
R -2
South
Residential
R -2
East
Residential
R -2
West
Residential & Institutional
R -2
4
Comprehensive Plan Land Use Recommendation
Land Use
10 Year Land Use Recommendation
Commercial
20 Year Land Use Recommendation
Commercial
ANAL NSIS
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 — RezoneKnapp&reet
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
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DISCLAIMER
N
This map is neither a ltene recorded map nor
•survey and it is not intendded to be used as one.
This drawing is a compilation of records, data
- - -
Rezoning from R 2, C 2 & C 2 P D to
C -1 A
■d s nformn ffic located affec and ate offices on andd other sources f
es affecti
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 80 Feet
Scale: 1 " - 150'
City of Oshkosh,
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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
KNAPP ST -5TH TO 9TH AVS.
Scale: 1" = 200'
/ S•
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N OfHK lH
ai me w�rrn
City of Oshkosh
Department of
Community Development
01/18/10
J
r
Petition for ea v2,w,
f Oshk h, WI,
To the L-� 1� 1 of the City of Oshkosh. cOV
The petition ofthe undersigned residents of said city respectfully represents:
That your petitioners are residents of the said city, and that each of them resides in the street of the said city
rr_anrctivPiv written helow after their n am es(s).
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