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Home My WebLink About11-216MAY 24, 2011 11 -216 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE REZONING THE SOUTH SIDE OF KOPE AVENUE FROM R -1 SINGLE FAMILY TO R -2 TWO FAMILY INITIATED BY: ERIC HOFFMANN, PETITIONER PLAN COMMISSION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 R -1 Single Family to R -2 Two Family. Being a part of the S 165 ft. of the N 330 ft. of the SW Y4 of the NW Y4, Section 36, excluding Tract 1, CSM 527 recorded as Doc. No. 529719 Register of Deeds; also all of Lot 1, CSM 836 recorded as Doc. No. 558132, Register of Deeds, all in the 15th Ward, City of Oshkosh, Winnebago County, Wisconsin, plus public right -of -way abutting said lot extending to the centerline of Jackson Street. 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 REZONING THE SOUTH SIDE OF KOPE AVENUE FROM R -1 SINGLE FAMILY TO R -2 TWO FAMILY on June 14, 2011. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us Clerk's phone: (920) 236- 5011. r.,., CU D_ C 0 U o I Subject Site PRO 23 =Pa€ A� T::a� M& � dk ,� 130 1� : ae so m m n .......... .............. ....... ............... .................... ............................... .... ............... ..... . ......... ............... ............ ...... ....................... u) Z O Cl) Y Q WN a `p USA DISCLAIMER Rezone This map is neither a legally recorded map nor From R -1 a survey and it is not intended to be used as one. This drawing is a compilation of records, data To R -2 f HK f H and information located in various city, county a+ rxe wnTFa and state offices and other sources affecting 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. Department of If discrepencies are found, please contact the City of Oshkosh. „ , Scale. 1 = 300 Community Development Created by - D 5/17/11 021HQlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich-f Director of Planning Services DATE: May 19, 2011 RE: Approve Rezoning the South Side of Kope Avenue From R -1 Single Family to R -2 Two Family (Plan Commission recommends approval) BACKGROUND The proposed zone change involves two properties located along Kope Avenue (private road) totaling approximately four acres of land with the area to the north zoned R -2 and developed with a combination of single and two family uses. The subject property (including 10 acres to the south of the zone change area) has been the subject of previous preliminary plats but due to some difficulties with infrastructure development and the status of Kope Avenue, a developer has been unable to complete the plats as envisioned for development of the area. The applicant is currently working with the City to initiate development of the area along the south side of Kope Avenue and will be requesting a combination of CSM's and plats in the near future. ANALYSIS The applicant is requesting a zone change to permit development of two family structures along Kope Avenue which, with the current parcel configuration, would only allow for 2 two- family structures. However the applicant is preparing a development plan for the area requiring Plan Commission and Common Council approval and is seeking the R -2 zoning classification at this time in order to begin laying out the lots as the two family structures typically require larger lot sizes than single family uses. The zone change would provide some certainty to the developer prior to moving forward with additional plans. The Comprehensive Plan identifies the area as appropriate for residential use and mixing a variety of residential densities into neighborhoods provides diversity in living choices throughout the city. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its May 3, 2011 meeting. Approved,, City Manager ITEM: ZONE CHANGE FROM R -1 SINGLE FAMILY RESIDENCE DISTRICT TO R -2 TWO FAMILY RESIDENCE DISTRICT FOR TWO PARCELS OF LAND LOCATED ALONG KOPE AVENUE (PRIVATE ROAD) Plan Commission meeting of May 3, 2011 GENERAL INFORMATION Applicant: Eric Hoffmann Property Owners: First National Bank — Fox Valley Action(s) Requested: Request zone change from R -1 Single Family Residence District to R -2 Two Family Residence 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 accepted planning practice. Property Location and Background Information: The proposed zone change involves two properties located along Kope Avenue (private road) totaling approximately 4 acres of land. The area to the north along Kope Avenue is zoned R -2 and developed with a combination of single and two family uses. The subject property (including the 10 acres to the south of the subject zone change area) has been the subject of previous preliminary plats, the most recent being Parkview Heights, but due to some difficulties with infrastructure development and the status of Kope Avenue, a developer has been unable to complete the plats as envisioned for development of the area. The applicant is currently working with the City to initiate development of the area along the south side of Kope Avenue and will be requesting a combination of CSM's and plats in the near future. The Comprehensive Plan identifies the area as appropriate for residential use but does not recommend densities for specific areas. Subject Site Existing Land Use Zonin Undeveloped I R -1 Single Family Adjacent Land Use and Zoning Existing Land Uses Zoning North Residential (single and two family uses) R -2 Two Famil South Undeveloped and agricultural R -1 Single Family East Institutional (County Park) M -3 General Industrial West Residential (single family) R -1 Single Family (City and County) Comprehensive Plan Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The applicant is requesting a zone change to two family to permit development of two family structures along Kope Avenue which with the current parcel configuration of two parcels, would only allow for 2 two family structures. However, as stated previously, the applicant is preparing a development plan for the area that will require Plan Commission and/or Common Council approval. The applicant is seeking the R -2 zoning classification at this time in order to begin laying out the lots for the two family structures as they typically require larger lot sizes than single family uses. The zone change provides some certainty to the developer in order to move forward with the surveying and engineering for the development. From a use standpoint, staff supports mixing a variety of residential densities into neighborhoods thereby providing diversity in living choices throughout the city, which is consistent with the Comprehensive Plan. RECOMMENDATION /CONDITIONS Staff recommends approval of rezoning from the R -1 Single Family Residential 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. Burich presented the item and reviewed the site and surrounding area as well as the current land use and zoning classifications in said area. He explained that the rezoning request was for the two parcels on the south side of Kope Avenue and discussed the history of the site. If the zone change request would be approved, the development along Kope Avenue would require additional approvals including extending Kope Avenue to 60 feet wide. Mr. Fojtik inquired how the widening of the road would affect the development. Mr. Burich responded the developer will proceed with certified survey maps and a developer's agreement as part of the process and this would be addressed at that time. Mr. Thorns questioned if the area would be required to be officially mapped. Mr. Burich replied that it would not be required to be mapped as the utilities are not yet in place and the developer would have to work with the Department of Public Works to plan for the installation of said utilities. Jason Davis, owner of 70 -72 Kope Avenue, stated that he purchased this property as an investment based on the area in the development. He stated that the road is in bad shape and voiced his concerns that trucks accessing it to install utilities would further damage the road. He further stated that he had concerns that new houses and duplexes in the area would hinder what he could Item — Kope Av Rezone charge for rent as the new units would be able to ask higher rent rates and he was told that this area would never be developed. Ms. Propp inquired if his property was a single family home. Mr. Davis responded that his property was a duplex. Ms. Propp commented that when the road construction is completed, it should improve the situation. Mr. Davis reiterated that the proposed new duplexes would impact what he could charge for rent for his duplex. Bob McKay, 80 Kope Avenue, stated that he purchased his home and felt that owners take better care of their property and the area is maintained. He further stated that rentals will devaluate the area and desired to see a plan depicting where the houses will be constructed. He does not want to see the area rezoned as he felt the impact would be devastating to the home values and would deteriorate the neighborhood. Eric Hoffmann, 520 W. Huron Street, Omro, petitioner for the request, stated that the overall plan was still in the process of development but passed around a conceptual drawing for the site. He explained that the development along Kope Avenue would be a mix of duplex and single family lots similar to what exists on the north side of the road and he had plans to develop the lot to the south of this area with single family and duplex lots as well. He stated that he felt the duplexes served as a buffer with the single family homes. Bob Schnyder, 4224 Jackson Street, stated that he felt safe living in this area and voiced his concerns with the land use changing to multi - family housing in this area. Mr. Burich responded that multi - family housing such as what is located on Logan Drive requires a zoning classification of R -3 and this request is for an R -2 designation which allows single and two family uses only. He further discussed the single and two family uses that currently exist in the area and previous proposals for development of this site. He commented that the R -2 and R -1 zoning classifications were not out of character for this area. Jason Laber, 48 Kope Avenue, stated that he was currently renting his property at this time but did not want duplexes there either. He stated that he would like to know when the lots would be developed and how far down the road they would extend. Mr. Burich replied that there was nothing concrete in the works for the lot layout at this time and a developer's agreement would be required prior to establishing a concept for the proposed development. Dennis Schwab, 601 Oregon Street, stated that his firm is the owner of Kope Avenue and the properties are currently being taxed by the city without the amenities. The road is currently maintained by his firm and the rezoning and development of the site would initiate the improvement of the road by the city who would then continue to maintain it. He further commented the gravel surface in place at this time is very difficult to maintain in a satisfactory condition. Item — Kope Av Rezone Mr. Burich confirmed that the south side of Kope Avenue would have to be developed to initiate improvements to the road and that the long term intent of the petitioner is to plat out the entire area for development. Mr. Schwab commented that the petitioner was planning on developing a new subdivision on this site. Mr. Laber stated that he questioned why the R -2 zoning was being requested on the road frontage and not in the southern portion of the parcel. Jeff Chopp, 150 Kope Avenue, stated that duplexes would bring temporary residents to the area and that this was a family neighborhood. Mr. Hoffmann commented that the duplexes were being proposed on Kope Avenue as three other duplex lots already existed there and it was a good transitional area from Jackson Street. The duplexes would be $1000 or more for rent and the clientele living there should be upscale. The newly developed neighborhood should bring up values of adjacent properties in the area and it would be advantageous to property owners to have the improvements completed to the road. Heidi Drexler, 4276 Jackson Street, stated that she has lived in her home for 13 years and liked the area as it was close to town but not in the city. She questioned when the road would be built, if street lights would be installed, and what the timeline was for the project. Mr. Burich responded that this request was for the zone change only and the plat was not coming forward for approval at this time. The status of the project as far as timeline had not yet been determined and grading and drainage plans would be required to be developed and that the zone change request was just the first of many steps in the process. Ms. Drexler then questioned who would pay for the road improvements. Mr. Burich replied that those details are determined by the developer's agreement and he does not know what the original agreement stipulated. He suggested referring to documents from her real estate closing which may indicate requirements of the developer's agreement when the title search was completed. Ms. Propp questioned if the whole road on the north side of Kope Avenue had a zoning classification of R -2; if the proposed zoning would be consistent with the remaining part of the road; if the original developer's agreement was still in force; and if the zone change was approved, if it would be followed by submission of a preliminary plat and a developer's agreement. Mr. Bunch responded that the north side of the road was zoned R -2 and the proposed zoning was consistent with existing zoning; the original developer's agreement was tied into existing properties in the area; and the zone change was the initial step in the process to develop the site. The approval of the zone change would give the developer some certainty to proceed with conceptual plans for the development. Mr. Thoms commented that the zone change request was consistent with the existing neighborhood and possessed the same type of layout as many other areas of the city. The development would initiate the improvements to Kope Avenue into a city street which should be an improvement for all property owners involved. Item — Kope Av Rezone Mr. Fojtik stated that he did not see any reason not to support this request. Motion by Nollenberger to approve the zone change from R -I Single Family Residence District to R -2 Two Family Residence District for two parcels of land located along Kope Avenue as requested. Seconded by Vajgrt. Motion carried 7 -0. Item — Kope Av Rezone 0 OIHKQIH ON THE WATER City of Oshkosh Application Rezoning "PLEASE TYPE OR PRINT USING BLACK INK" SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 PHONE: (920) 236 -5059 APPLICANT INFORMATION Petitioner: �C /� . p - j*r> �� n Date: $p aC7� Petitioner's Address: &2 ry.,� �� City: 0 b r b State Zip: S Telephone #: (9�-o ) 'K ' s4, - Pax: (qZo) &0 5 OS 7 S Other Contact # or Email: 0 y 0 � e.i7 rye r Status of Petitioner (Please Check): ❑ Owner ❑ Repre:LAative ❑ Tenant 'Prospective Buyer Petitioner's Signature (required): Date: Owner(s): Li' Z A3c - Date: / Owner(s) Address: S� Glcc� f�l� City: State: W Zip: 9S6 Telephone M (�O) 7Z ? - �, j Fax // : (�Zo) 7 4- g `I' 77 Other Contact # or Email: rust x 1�7� Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership ,Vicorporation 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 the Planning ervices Division for incomplete submissions or other administrative reasons. Property Owner's Signatur Date: ZONING AND DEVELOPMENT INFORMATION Address/Location of Rezoning Request: Tax Parcel Number(s): / 3 - )- Oa b o 0 / S3 JOa O o a CI J 3 (5 a d Rezone property from: _ R - 1 to 2 Purpose for Rezoning: / ► l ,k-( �Q IAs ep T 1> L'i P r d- S�- , ne- �c, ,' u Describe existing property development and land use: Describe proposed development and/or proposed land use: i r\ G r r. , �\ v rrn -e s Proposed time schedule for development and/or use of the property: S SO O < 0 . S. PeD SS 1j Q Staff Date Rec'd r` -1 f Z, Zoning Adjacent to the Site: North: � — I, South: N — East: q D_ West: 1� — I SUBMITTAL REOUIREMENTS — Must accompany the application to be complete. ❑ Map of the immediate area showing property involved. Area to be rezoned must be outlined in color • A site plan drawn to readable scale showing present status of property and proposed development • Street address, adjacent streets, intersections and any other information or landmarks to help identify the property • Location of existing uses, structures, fences and signs and location of proposed uses, structures, fences and signs • A narrative statement explaining the zone change and discussion of the project ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE SUMMARY OF PROCESS The City of Oshkosh Plan Commission and Common Council act on all zone changes. The petitioner or owner should be present at both the Plan Commission and Common Council meetings to discuss and answer questions regarding the request. Neighborhood opinion is an important factor in the decision - making process. For complex or controversial proposals, it is recommended that the petitioner conduct a neighborhood meeting to solicit public input prior to action by the Plan Commission and City Council. Planning Services staff is available to offer assistance in compiling a mailing list for the neighborhood meeting. Please note that a meeting notice will be mailed to all abutting property owners regarding your request. The application package is reviewed by Planning Services staff to determine conformance with adopted city plans, zoning requirements and development standards. A staff recommendation is prepared for consideration by the Plan Commission and Common Council. The petitioner will be provided with a copy of the staff report and meeting notice several days prior to the Plan Commission meeting. No notice is sent to the petitioner or owner regarding the Common Council's consideration of the request. Petitioners and owners are encouraged to contact Planning Services staff to find out when the request will be sent to the Common Council for review. The Plan Commission's decision is advisory only. The Common Council will make the final decision regarding all zone change requests. The Plan Commission may lay over requests to subsequent meetings if incomplete information is provided or additional questions or concerns are raised at the meeting. After the Plan Commission makes its recommendation, the request will be forwarded to the Common Council for consideration. This generally occurs three weeks after the Plan Commission meeting depending on the date the Council meeting is scheduled (the Council meets on the 2 and 4` Tuesday of every month) and on the availability of a legal description for the zone change. Wisconsin State Statutes require a zone change to be published as Class II notice in the local newspaper, the City takes care of this publication requirement prior to the Council meeting. If Council approves the rezoning, the Ordinance is published in the newspaper on the following Saturday and will be effective on Sunday. City administrative offices are notified of the effective date of the Ordinance and will make changes to the official zoning map accordingly. For more information please visit the City's website at www.ci.oshkosh.wi.us / Community _Development /Planning.htm 7 KOPE RD ZONING CHANGE We are requesting a zoning change to R -2 which will accommodate duplex lots on Kope Road. The new zoning will allow for conformity with the existing homes on the north side of Kope Rd, which are currently a mix of duplex and single family lots. As we develop these properties we will be mainly focusing on single family lots with a sprinkling of duplex lots throughout the project. Our single family lots will accommodate homes in the price range 145,000 to 180,000. We feel that on Kope Rd there is a need for a transition from duplex lots to single family lots due to the existing duplex lots and proximity to Jackson St. The rezoning of these parcels will help to assure the success of the overall project and allow for the dedication of Kope Rd to the city. Kope Rd is currently a private road that is in need of repair and this will allow for it to be blacktopped and have storm sewer and water. Thank You, Eric W Hoffmann REZONING PETITION WINNEBAGO COUNTY CHOPP JEFFREY W /KRISTY KOPE AV & JACKSON ST PO BOX 2808 150 KOPE AVE PC: 05 -03 -11 OSHKOSH WI 54903 2808 OSHKOSH WI 54901 9614 CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54903 1130 HAMM RICHARD /CARMEN L 100 KOPE AVE OSHKOSH WI 54901 9614 DAVIS JASON L 72 KOPE AVE OSHKOSH WI 54901 BREY CLYDE A /KAREN L 120 KOPE AVE OSHKOSH WI 54901 9614 DEMENTER SCOTT P GREGG STEPHANIE 90 KOPE AVE OSHKOSH WI 54901 9719 COX DONNA R THOMAS KIMBERLY 9719 60 KOPE AVE OSHKOSH WI 54901 LABER JASON J /NICOLE L BUEHRING CORRINE J 840 GREENFIELD TRL 4296 JACKSON ST OSHKOSH WI 54904 8006 OSHKOSH WI 54901 9702 FIRST NATL BANK FOX VALLEY RUSCH ETAL THOMAS N ATTN DAVID KRUCK PO BOX 3808 550 S GREEN BAY RD OSHKOSH WI 54903 3808 NEENAH WI 54956 STRUENSEE MFG CO BEHRINGER JACOB G /EUNICE F 3389 COUNTY TRUNK A 4263 JACKSON ST OSHKOSH WI 54901 OSHKOSH WI 54901 9721 ROSE III ERNEST J 4226 JACKSON ST OSHKOSH WI 54901 DREXLER BRIAN HASSE HEIDI 4276 JACKSON ST OSHKOSH WI 54901 DURKEE HARLAN A KLEINSCHMIT R 2997 COUNTY ROAD GG 9702 OSHKOSH WI 54904 9758 LOR CHONG YANG MANG 110 KOPE AVE OSHKOSH WI 54901 9614 MCKAY ROBERT T 80 KOPE AVE OSHKOSH WI 54901 9719 MATZNICK MICHAEL A 52 KOPE AVE OSHKOSH WI 54901 9719 D & F INVSTMTS OF OSHKOSH 601 OREGON ST OSHKOSH WI 54902 5965 SCHNYDER ROBERT 4224 JACKSON ST OSHKOSH WI 54901 MATTMILLER THOMAS M OCONNOR MARGARET 4221 JACKSON ST OSHKOSH WI 54901 HOFFMANN ERIC 520 W HURON ST OMRO WI 54963 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 O REZONING PETITION KOPE AV N O.IHKOfH ON THE WATER City of Oshkosh Department of Scale: 1 = 200 Community Development 04/27/11 10 • SHOWVIEW LW • • CD M-3 U') . . • CO JN SITE �::/ iT tEi . 4 �� , • M i►e �► ` ■■■■■� y Ifs r_i Will ;■■■■ ~ � i�I�iG 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 KO P E AV Scale: 1 " = 1000' N OYHKOfH ON THE WATER City of Oshkosh Department of Community Development 04/27/11 DISCLAIMER This map is neither a legally recorded map nor REZONING PETITION a survey and it is not intended to be used as one. This drawing is a compilation of records, data KO P E AV N O,f HKOlH and information located in various city, county oN nee 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 City of Oshkosh is not re- Department of sponsible for any inaccuracies herein contained. Ifdiscrepencies he found, please contact the Scale. 1 �� 200' Community Development City of Oshkosh. - 0 4127/11 Created by - dff �r�