HomeMy WebLinkAbout11-114MARCH 22, 2011 11 -114 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE ZONE CHANGE FROM C -3 CENTRAL COMMERCIAL
TO R -2 TWO FAMILY RESIDENCE FOR AREA BOUNDED BY
COURT STREET /BROAD STREET/WAUGOO AVENUE /OTTER
AVENUE
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-
16(6) 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 -3 Central Commercial to R -2
Two Family Residence.
All of Lots 3 thru 21, inclusive, Block 24, LM Miller's 1st Addition, 2nd Ward, plus public
right -of -way abutting said lots extending to the centerlines of Waugoo Ave., Broad St.
and Otter Ave., City of Oshkosh, Winnebago County, Wisconsin.
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 #11 -XXX APPROVE ZONE CHANGE FROM C -3 CENTRAL
COMMERCIAL TO R -2 TWO FAMILY RESIDENCE FOR AREA BOUNDED BY
COURT STREET /BROAD STREET/WAUGOO AVENUE /OTTER AVENUE on April 12,
2011. The Ordinance changes 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.
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Rezone from C -3 to R -2
3/3/11
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Source: City of Oshkosh GIs
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DISCLAIMER
"Phis map is "either a legally recorded map nor
• ey and s n
v it iut intended to be used as one_
This drawing is a compilation of records, data
and nd information located in various city, county
OJHKOIH
and state offices and other sources affecting
1h area shown and it is to be used for refereuce
ox rae w.rea
furpnces ma ']'he Cit of Oshkosh is not rc-
City of Oshkosh
spnnsible for any inaccuracies herein contained.
Irdi.cerepencies are found, please contact the
Community Development
City of Oshkosh.
Rezone from C -3 to R -2
3/3/11
Scale: 1" = 100'
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Source: City of Oshkosh GIs
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OYHKOlH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich yx, �
Director of Planning Services
DATE: March 17, 2011
RE: Approve Rezoning of Otter Street area from C -3 Central Commercial District to R -2 Two
Family Residence District (Plan Commission recommends approval)
BACKGROUND
The subject 2.55 acre area is zoned C -3 Central Commercial District. It encompasses a majority of an entire city
block which is located on the south side of Waugoo Avenue and the north side of Otter Avenue running from
Court Street east to Broad Street, excluding the three properties adjacent to Court Street. The subject area
contains 15 individually owned parcels comprised of eight owner occupied residences and seven rental
properties. A residential property owner within the subject area contacted the Planning Services office
regarding the matter as he /she was unable to refinance his /her home due to its C -3 zoning classification.
Planning staff analyzed the existing land uses in the area and is proposing the R -2 Two Family Residence
zoning as the area is predominantly single and two - family uses and this zoning classification would alleviate the
potential financial issues as well as prevent potentially detrimental land use changes that could have a
neighborhood destabilization affect.
ANALYSIS
The area included in the rezone request is a residential mixed use area with existing one and two- family
residential uses comprising approximately 94% of all parcels and 93% of total land area. Under the existing
zoning, these 15 parcels are all currently considered legal conforming uses, meaning that the existing use of the
structures or premises may be continued and may be extended. If the requested zone change takes place, the
single three- family use would become nonconforming in use and may not be extended if discontinued for a
period of a year or if the structure is damaged more than 50% of its assessed value. The three - family property is
currently nonconforming from a dimensional standpoint and would require considerable alteration to be
reestablished even under the current C -3 zoning designation. The City's Comprehensive Plan identifies this area
as suitable for mixed downtown development permitting mixed uses which is consistent with the current zoning
however this district is intended for more intense central city development typically found along older
commercial corridors such as Main Street or Oregon Street and could negatively impact the surrounding
residential uses in this area.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its March 1, 2011 meeting.
Approved,
a�
City anager
ITEM: ZONE CHANGE FROM C -3 CENTRAL COMMERCIAL DISTRICT TO R -2
TWO FAMILY RESIDENCE DISTRICT FOR PROPERTIES LOCATED
WEST OF BROAD STREET, SOUTH OF WAUGOO AVENUE, EAST OF
COURT STREET AND NORTH OF OTTER STREET
Plan Commission meeting of March 1, 2011
GENERAL INFORMATION
Applicant: City Administration
Property Owners: Multiple
Action(s) Requested:
Requested zone change from C -3 Central Commercial District to R -2 Two Family Residence
District to remove the ability to develop multiple family or commercial uses.
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 2.55 acre area is zoned C -3 Central Commercial District. It encompasses a majority of
an entire city block which is located on the south side of Waugoo Avenue and the north side of
Otter Avenue running from Court Street east to Broad Street, excluding the three properties
adjacent to Court Street. The subject area contains 15 individually owned parcels comprised of
eight owner occupied residences and seven rental properties.
Last year, Planning Services was contacted by a residential property owner within the subject area
who was unable to refinance his /her home due to its C -3 Central Commercial District classification
even though the C -3 Central Commercial District permits all residential uses, including single -
family, two- family and multiple- family as well as limited commercial and mixed -use uses with
Conditional Use Permit. Staff investigated the situation and it appears that following the housing
market crisis of the past several years, the national mortgage lending industry (Fanny Mae /Freddie
Mac) has become leery of providing home loans for any properties zoned anything other than strict
residential, regardless of permitted uses of mixed use zoning classifications confirming the
property owners needed request of a downzone. Furthermore, planning staff analyzed the existing
land use of the area as it relates to land -use and as a result, is proposing a zone change to help
alleviate the potential financing issues as well as prevent potentially detrimental land -use changes
that could have a neighborhood destabilization affect. The R -2 Two Family Residence zoning is
proposed because of the make -up of dominantly single and two - family uses.
Subject Site
Existing Land Use
Zonin
Single - Family and Two - Family
C -3 Central Commercial
Adiacent Land Use and Zoning
Ex Land Uses
Zoning
Single - Family, Two - Family, Multiple - Family, Mixed -
Mixed Downtown
North Use a Commercial (Across Waug Avenue)
C -3 Central Commer
Single Family
Two- Family, Multiple- Family and Commercial (across
56,237 sf
South
Otter Avenue)
C -3 Central Commercial
East
S ingle - Family and Tw F amily (across Broad Stre
R -4 Multiple Family
42%
C -3DO Central
Permitted
Multiple - Family and Government adjacent/ Commercial with
West
Commerc (across Cou Street) I Downt Overlay
Comprehensive Plan
Comprehensive Plan Land Use Recommendation
Land Use
10 Year Land Use Recommendation
Mixed Downtown
20 Year Land Use Recommend
Mixed Downto
ANALYSIS
The area included in the rezone request is a residential mixed use area with existing one and two -
family residential uses comprising approximately 94% of all parcels and 93% of total land area.
Under the existing zoning, these 15 parcels are all currently considered legal conforming uses,
meaning that the existing use of the structures or premises may be continued and may be extended.
If the requested zone change takes place, the single three - family use would become
nonconforming in use and 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, may no longer be used as a multiple
family residential dwelling. It is important to note however that the three- family property is
currently nonconforming from a dimensional standpoint and would require considerable alteration
if it were to be reestablished under the current C -3 Zoning designation. The use breakdown of the
area is depicted in the table below.
Use
# of
Parcels
Lot Area
% of
Area
Use Permitted in
Current C -3
Use Permitted in
Proposed R -2
Single Family
7
56,237 sf
51%
Permitted
Permitted
Two Family
7
46,509 sf
42%
Permitted
Permitted
Multiple - Family
1
8,115 sf
7%
Permitted
Not Permitted
'Total
15
110,861 sf
100%
The City's Comprehensive Plan Land Use maps identify this area suitable for mixed downtown
development permitting mixed -uses. The current zoning is consistent with that recommendation;
however, the C -3 zoning is viewed by staff as inappropriate for this area. The C -3 district is
intended for more intense central city development typically found along older commercial
corridors, such as Main Street or Oregon Street. The introduction of new multiple family or
commercial developments in this area would be a challenge due to the existing small parcels and
greater transitional setbacks required because of proximity to the existing residential properties.
Just as important, the introduction of multiple family or commercial uses could negatively impact
the surrounding residential uses in this area and potentially destabilize a healthy and well
maintained neighborhood.
RECOMMENDATION /CONDITIONS
Staff recommends approval of rezoning from the C -3 Central Commercial District to the R -2 Two
Family Residence District, as requested.
The Plan Commission approved of the rezoning as requested. The following is the Plan
Commission's discussion on this item.
Mr. Buck presented the item and reviewed the site and surrounding area as well as the current land
uses in said area. He explained the financial issues that prompted the property owner in this block
to request the zone change and reviewed a breakdown of the current land uses. He further
commented that the zone change would make one multi - family property a nonconforming use and
explained the dimensional difficulties with this property even under its current zoning
classification. He explained that the C -3 zoning classification could allow detrimental uses that
could have a negative impact on this residential neighborhood and although the Comprehensive
Plan recommends mixed uses for this area, the C -3 classification allows more high intensity uses
and the parcels are too small to accommodate such uses as they currently exist.
Mr. Burich distributed a petition that was signed by property owners within this block requesting
this zone change. He commented that he has not heard any opposition to the zone change request
and reviewed an email from Shannon Wienandt supporting it. He further commented that the
zoning classification could be changed at a later time to commercial if circumstances require,
however he would like to preserve the existing residential area for now.
Mr. Thorns commented that the R -2 zoning classification does not support the Comprehensive
Plan for this area however he could see where it is a continuation of the single and two - family
homes to the east of this site and in this case it may be desirable to have these homes downtown.
Mr. Burich commented that the current zoning classification has been in effect since 1965.
Mr. Buck added that quasi - commercial uses would still be allowed in this area through a home
occupation permit.
Mr. Palmeri questioned if law firms or other types of businesses would be permitted if this zone
change is approved.
Mr. Buck responded that they would not be permitted under the R -2 zoning classification.
Mr. Palmeri then questioned if the petitioner found this acceptable.
Mr. Burich replied affirmatively and stated that a neighborhood meeting was held to explain the
impacts of the zone change to the property owners in the block and adjacent to it.
Mr. Palmeri stated that if one individual was requesting the zone change, could the city change that
property owner's classification only.
Item — 300 -400 Otter/Waugoo Rezone
Mr. Buck responded that it would be considered spot zoning to change only one property on this
block which is considered poor planning practice.
Mr. Palmeri commented that the change to R -2 zoning does not encourage mixed use
developments and he did not see the reason to prevent other opportunities when only one person
was requesting the change.
Mr. Thoms stated that there may be only one person requesting the zone change however seven
other property owners signed the petition agreeing to the request. He felt from a planning
standpoint, it made sense and was more productive than to deal with each request separately.
Ms. Lohry commented that the resale values of the homes would be higher with an R -2 zoning
classification rather than a C -3.
Mr. Burich stated that the zone change to R -2 would remove the uncertainty of what may be
developed next door, and in the future, the entire block could be rezoned to a commercial
classification if necessary to provide for a mixed -use development.
Mr. Hinz commented that he felt we should work with the people that live in the area currently and
that this was discussed at the workshop and the change to R -2 seemed to be the best idea.
Mr. Burich stated that it would stabilize the neighborhood.
Michelle Rosenberg, 402 Otter Avenue, stated that the land use map displayed depicted her home
as a two - family residence and it is a single family home and that she wanted her property rezoned
as well. She further commented that there are three homes for sale in the neighborhood now and
there may be issues with the sale of them if they are not rezoned as financing may not be
obtainable. She liked the older neighborhood they lived in and wished to preserve it.
Mr. Palmeri stated that he has seen a number of historic homes that were refurbished and used as a
business and did not want to prevent this opportunity.
Ms. Rosenberg commented that she felt the inclusion of businesses in the neighborhood would
decrease property values of the residential properties.
Jody Cleveland, 402 Otter Avenue, stated that if businesses were to move into one of these homes,
there was no parking area to accommodate its customers.
Mr. Palmeri commented that he suggested it as it was a strategy for redevelopment.
Mike Ruhl, 406 Otter Avenue, stated that he made the rezoning request after finding out about the
difficulties in refinancing his home due to its current zoning classification. He then looked at the
remainder of the block and felt that it was a huge sustainability issue for the neighborhood as the
change in classification would allow both refinancing and sales and he also was disturbed to
discover that the C -3 zoning classification also allowed light industrial uses.
Mr. Thorns stated that we need people like this to refurbish old homes and maintain them and he
would rather have people living in these homes than have them restored by businesses for
commercial purposes.
Item — 300 -400 Otter/Waugoo_Rezoue
Mr. Palmeri agreed and stated that there are a lot of old empty homes in the city since many of
them are limited to use due to their residential zoning classification.
Mr. Thoms commented that this area seems to be a family neighborhood which would benefit from
the zone change to a residential classification.
Motion by Nollenberger to approve the zone change from C -3 Central Commercial District
to R -2 Two Family Residence District for properties located west of Broad Street, south of
Waugoo Avenue, east of Court Street and north of Otter Street.
Seconded by Vajgrt. Motion carried 8 -0.
Item — 300 -400 OtterlWaugoo X ezone
Zoning Change Appeal
I understand some of the key differences between mixed commercial (C-3) and
residential zoning (R-2), and wish to appeal for a zoning change to the 400 block of
Otter/Waugoo Avenues.
Owner Name (print)
Address of Property
Sign ptu re-.-.
Date
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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
300 -400 BLOCK N OfHKOlH
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OTTER & WAUGOO AV City of Oshkosh
Department of
Community Development
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DISCLAIMER n
This map is neither a legally recorded map nor REZONING P ET I T I O N
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
300 -400 BLOCK
OTTER & WAUGOO AV
Scale 1" = 150'
N 01HKOlH
ON THE WATER
City of Oshkosh
Department of
Community Development
02/10/11
7