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Home My WebLink About10-180JUNE 8, 2010 10 -180 ORDINANCE FIRST READING (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM C -2 GENERAL COMMERCIAL TO R -3 MULTIPLE DWELLING / VACANT LOT, EAST SIDE WISCONSIN STREET, 2300 BLOCK INITIATED BY: CUSTOM BUILT HOMES LLC, PETITIONER 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 C -2 General Commercial to R -3 Multiple Dwelling. Being Part Of The Northeast Y4 Of The Southeast Y4 Of Section 11, Township 18 North, Range 16 East, City Of Oshkosh, Winnebago County, Wisconsin, Which Is Bounded And Described As Follows: Commencing From The East Y4 Corner Of Said Section 11, Thence South 89 0 05'56" West, 40.00 Feet Along The South Line Of The Northeast Y4 Of Said Section 11; Thence South 00 0 29'33" East, 100 Feet; Thence S 89 0 05'56" West, 360.73 Feet To The Point Of Beginning; Thence Continuing South 89 0 05'56" West, 254.97 Feet To A Point On The Centerline Of Wisconsin Street; Thence North 00 31' 48" West, Along Said Centerline 100.00 Feet; Thence North 89 0 05'56" East, 253.77 Feet; Thence South 01 0 13'06" East, 100.00 Feet To The Point Of Beginning. Said Area Contains Approximately 22,437 Square Feet Or 0.515 Acres, More Or Less. 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 C -2 GENERAL COMMERCIAL TO R -3 MULTIPLE DWELLING / VACANT LOT, EAST SIDE WISCONSIN STREET, 2300 BLOCK on June 22, 2010. The Ordinance changes the zoning classification to R -3. 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. .fHKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: June 3, 2010 RE: Approve Zone Change from C -2 General Commercial to R -3 Multiple Dwelling / Vacant Lot, East Side Wisconsin Street, 2300 Block (Plan Commission Recommends Approval) BACKGROUND The subject 0.58 -acre area is part of a larger base parcel that is proposed to be split off via Certified Survey Map (C.S.M.). The proposed C.S.M. will re- divide three existing parcels into two parcels; the subject site requesting the rezoning and the other currently occupied by the Rail Tavern. The immediate area covers a wide range of uses including commercial to the east, multi - family to the south, single family and Oshkosh North High School to the west, and two - family residential to the north. ANALYSIS The Comprehensive Plan Land Use Map identifies the subject site as appropriate for residential development and a zone change to the R -3 Multiple Dwelling District is consistent with the Comprehensive Plan's recommendation. The R -3 zoning is also being recommended as the properties to the north and south are currently R -3 and this will fill in the gap uniformly. Staff believes the site is too small to be developed commercially as transitional yard setbacks would consume a large portion of the property that could not be improved. Additionally, staff feels the introduction of a commercial use at the subject site could negatively impact the residential neighborhood along Wisconsin Street. The proposed rezoning will allow the development of another two - family duplex /condominium, similar to developments immediately north of the subject site. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its May 18, 2010 meeting. Approved, City Manager ITEM: ZONE CHANGE FROM C -2 GENERAL COMMERCIAL DISTRICT TO R -3 MULTIPLE DWELLING DISTRICT FOR PROPERTY LOCATED AT THE EAST 2300 BLOCK OF WISCONSIN STREET Plan Commission meeting of May 18, 2010 GENERAL INFORMATION Applicant: Mark Fasel — Custom Built Homes, LLC Property Owner: Rail Realty, LLC Action(s) Requested: The applicant is requesting a zone change from the C -2 General Commercial District to R -3 Multiple Dwelling District to match the properties to the north and south and provide the ability to develop the parcel as a two - family residence. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies on the Comprehensive Plan and good planning principles. Property Location and Background Information: The subject 0.58 -acre area is part of a larger base parcel that is proposed to be split off via Certified Survey Map (C.S.M.). The proposed C.S.M. will re- divide three existing parcels into two parcels; the subject site requesting the rezoning and the other currently occupied by the Rail tavern. The immediate area covers a wide range of uses including commercial to the east, multi - family to the south, single family and Oshkosh North High School to the west, and two - family residential to the north. The Owner received a Conditional Use Permit to construct a car wash accessory use in June of 2008, which was never begun and has henceforth expired. At that time the petitioner proposed splitting off this subject site for future residential development. S n. un ecr Sire Existing Land Use Zonin Vacant /Gravel Parkin Lot C -2 Adiacent Land Use and Zonin¢ Existing Land Uses Zoning North Two-Family Residential R -3 South Multi-Family Residential R -3 East Commercial C -2 West High School /Sin le -Famil , Residential R -1 Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The Comprehensive Plan Land Use Map identifies the subject site as appropriate for residential development and a zone change to the R -3 Multiple Dwelling District is consistent with the Comprehensive Plan's recommendation. The R -3 zoning is also being recommended as the properties to the north and south are currently R -3 and this will fill in the gap uniformly. Staff believes the site is too small to be developed commercially as transitional yard setbacks would consume a large portion of the property that could not be improved. Additionally, staff feels the introduction of a commercial use at the subject site could negatively impact the residential neighborhood along Wisconsin Street. The proposed rezoning will allow the development of another two - family duplex /condominium, similar to developments immediately north of the subject site. The proposed zoning designation is consistent with the comprehensive plan land use recommendation and staff is comfortable with this request. In anticipation of a residential development occurring here, the Department of Public Works installed sanitary and water laterals up to the property to provide easy access to city utilities when Wisconsin Street was constructed. The Oshkosh Police and Fire Departments have no concerns with providing services to this site. RECOMMENDATION /CONDITIONS Staff recommends approval of the rezoning from C -2 General Commercial District to R -3 Multiple Dwelling District 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 reviewed the site and surrounding area and the existing land uses in said area. He explained that the subject site is a part of a larger base parcel and a certified survey map will divide the three existing parcels into two parcels with the subject site requesting the rezoning and the remaining portion occupied by the Rail Tavern. The zone change will allow for the development of a two - family dwelling on the site which is consistent with the Comprehensive Plan. Mr. Nau further explained that commercial development was not appropriate for this site and sewer and water laterals are already in place for the development. The Oshkosh Police and Fire Departments have reviewed this request and have no concerns with providing services to this site. Mr. Bowen commented that he recalled approving a conditional use permit for a car wash to be located south of the Rail Tavern and questioned if that use was still moving forward. Mr. Nau responded that the conditional use permit was approved in 2008 and since work has not commenced on the site since that time, the conditional use permit has expired. Mr. Fojtik questioned what would happen to the small square left of the existing parcel if this zone Item -1300 block Wisconsin St - Re:one change and certified survey map is approved. Mr. Nau replied that this portion of the parcel would be merged into the existing commercial parcel on Jackson Street. Robert Cornell, 548 West Smith Avenue, stated that he resided in the condominium development located to the south of the subject site and that the condo association was 100% in support of the proposed zone change to residential use. He further stated that they had concerns with the proposed car wash use or additional parking use for the tavern as both uses would have a direct negative impact on the residential homes in this area. He supported the zone change as it would establish a residential use on this parcel which is consistent with the rest of the uses in the area. Mr. Thorns commented that given the surrounding uses in the area, the zone change seems logical to him. Motion by Thoms to approve the zone change from C -2 General Commercial District to R -3 Multiple Dwelling District for property located at the east 2300 block of Wisconsin Street as requested. Seconded by Vajgrt. Motion carried 8 -0. Item - 2300 block Wisconsin St - Rezone City of Oshkosh Application L Rezoning SUBMIT TO: V^ � Dept. of Community Development O� 215 Church Ave., P.O. Box 1130 ON THE WATER * *PLEASE TYPE OR PRINT USING BLACK INK ** Oshkosh, Wisconsin 54903 - 1130 -_ PHONE: (920) 236 -5059 APPLICANT INFORMATION AMA 903 6 - Petitioner: CUSTOM BUILT HOME L.L.C. Date: 2274 WILLOW WAY DRIVE Petitioner's Address: OSHKOS WI 54906ity: State: Zip: Telephone # Off) 5-05 3333 Fax: ( 42-6 - 4 �_ Other Contact # or Email: Status of Petitioner (Please Check): -c ❑ Owner ❑ Representative ❑ Tenant - U rospective Buyer Petitioner's Signature (required): Date: -/- 2 7 'lt ) Owner(s): Owner(s) Address: Telephone #: ( Law-e- ( 32 tO PC. ) /00 q 2 VP Fax: ( Other Contact # or Email: Ownership Status (Please Check): individual ❑ Trust ❑ Partnership ❑Corporation Date: State• wi Zip: 6 I 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 th Planning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: Date: Address/Location of Rezoning Request: / - zix Z Tax Parcel Number(s): 12- � '2 t0 p Rezone property from: Z--- to +� Purpose for Rezonin `1-1 7 - W 44A 64 t Describe existing property development and land use: Describe proposed development and/or proposed land use: / � Proposed time schedule for development and/or use of the property: fiL Staff Date Recd t " 3A City: 0-57 REZONING SOIL MICHAEL L /PAULA OSHKOSH AREA SCHL DIST PATOKA PATRICIA 2300 BLOCK WISCONSIN ST 605 WEATHERSTONE DR PO BOX 3048 2314 WISCONSIN ST PC: 05 -18 -10 OSHKOSH WI 54901 OSHKOSH WI 54903 3048 OSHKOSH WI 54901 RE 1100 W SMITH AV RAIL REALTY LLC WOODFILL CHARLES W /MARGAR CLAUSEN WILLIAM D /BARBAR HINTZE PAULA 2407 JACKSON ST 2390 WISCONSIN ST 2392 WISCONSIN ST 2312 WISCONSIN ST DSHKOSH WI 54901 1507 OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901 RE WISCONSIN ST VACANT LOTS vEVERS TRUST JOHN /EILEEN. TRIPP DONALD /ESTHER CARLSON TRUST MARY LAST LOIS 2332 WISCONSIN ST 2336 WISCONSIN ST 2330 WISCONSIN ST 2300 WISCONSIN ST 3SHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901 7APARALLA MICHAEL WRASSE JOHN VERNER ALFRED /BONNIE MAROHN TRUST GERTRUDE PO BOX 400 2912 HAWTHORNE RD 2340 WISCONSIN ST 546 W SMITH AV 3REENVILLE WI 54942 TAMPA FL 33611 OSHKOSH WI 54901 OSHKOSH WI 54901 RE 2334 WISCONSIN ST RN 2342 WISCONSIN ST 4ALCHOW RITA GEURDEN STACY WETTSTEIN LLOYD 2346 WISCONSIN ST 2344 WISCONSIN ST REICHENBERGER AMY HARTJES THOMAS ) SHKOSH WI 54901 OSHKOSH WI 54901 2352 WISCONSIN ST 709 WILD ROSE CT APPLETON WI 54914 OSHKOSH WI 54901 RE 530 N SMITH AV VYSON JOHN /BONNIE HUGHES MARILYN CRANE WILLIAM /JEANNE WORTMAN MARK 1350 WISCONSIN ST 210 N WESTFIELD ST #265 2354 WISCONSIN ST 524 W SMITH AV ) SHKOSH WI 54901 OSHKOSH WI 54902 OSHKOSH WI 54901 OSHKOSH WI 54901 RE 2356 WISCONSIN ST )IXON BARBARA /TAMMY WEINZATL JODI WISCONSIN AV DEV CORP 2360 WISCONSIN ST 2362 WISCONSIN ST W5793 ROYAL TROON DR ) SHKOSH WI 54901 OSHKOSH WI 54901 MENASHA WI 54952 RE 2364 WISCONSIN ST 3EIN MARILYN HART VICKY MICHELS TRUST SHIRLEY 2366 WISCONSIN ST 2372 WISCONSIN ST 631 HAZEL ST #511 ) SHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901 RE 2370 WISCONSIN ST kLBRECHT JANICE HABSTRITT BARBARA BOLLOM TRUST DONNA 2374 WISCONSIN ST 2376 WISCONSIN ST PO BOX 2171 ) SHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54903 RE 2324 WISCONSIN ST ?ILIPOVA ANN PURTELL HELEN JOHNSON DENISE 2326 WISCONSIN ST 2320 WISCONSIN ST 2322 WISCONSIN ST ) SHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901 4 OAKS LINDA 2316 WISCONSIN ST OSHKOSH WI 54901 HINTZE JOYCE 2304 WISCONSIN ST OSHKOSH WI 54901 WEINBENDER TRUST RUTH 13059 N 99 DR SUN CITY AZ 85351 RE 2302 WISCONSIN ST CORNELL ROBERT 548 W SMITH AV OSHKOSH WI 54901 WERBA TRUST KATHARINA 526 W SMITH AV OSHKOSH WI 54901 PALECEK PEARL 2310 WISCONSIN ST OSHKOSH WI 54901 LAFONTAINE CHERYL 2306 WISCONSIN ST OSHKOSH WI 54901 FIRL TRUST DOROTHY 550 W SMITH AV OSHKOSH WI 54901 SELWITSCHKA JOHN /CAROL 544 W SMITH AV OSHKOSH WI 54901 WOLLANGK EDWARD /SUSAN 528 W SMITH AV OSHKOSH WI 54901 � o p N Q!. 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AVE. z N R -3 Q = U = LIBBEY A Z H o MOR VE WEATHERSTONE N w U w U) �- o PARK DE m R -1 DR. U o N z 7 � � IT l s Y W. SMITH AVE. E. CT a O L N LLEN AVE. U) I Fl`. AL N EN AVE. O z T E NW OD VE. E. R- N O VIOLA A R z O Z C A Z _ 9 GRUENWALD z O w cn p w � w AV ST11�4A( LL A O U C -2PD RU W w > (5 U O 2 W K AVE. 500 400 300 200 100 0 p 100 200 0 400 50 0 1700 1600 1500 1400 1 0 2 1 900 800 70 E. IL ISTE H BS VE o H ON VE. ANLEY o U)i m J O All V CO 2 CLA S U) A AVE. Z \ �O C p U) W. EN O z uj p �� S� m U E.E. N � Q w w C NG ES A � r r r F 1 1 DISCLAIMER 2300 BLOCK WISCONSIN ST REZONING PETITION 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 C -2 TO R -3 �T lv Of HKOlH and Information located in various city, county a, nie wnren and state offices and other sources affecting the area shown and It Is to be used for reference City of Oshkosh purposes only. The Oily of Oshkosh is not re Department of sponsible for any Inaccuracies herein contained. If discrepancies are found, please contact the Oshkosh. — Scale. 1" - 1000' Community Development City of 05/05/10 Created by - dff M 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 2300 BLOCK WISCONSIN ST REZONING PETITION C -2 TO R -3 Scale: 1" = 100' 0 N O.lHK01H ou nee WATE(i City of Oshkosh Department of Community Development 05/05/10