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HomeMy WebLinkAbout01. 13-430 SEPTEMBER 24, 2013 13-430 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE REZONING PROPERTY EAST OF JACKSON STREET, SOUTH OF SODA CREEK ROAD/JACKTAR ROAD & NORTH OF KOPE AVENUE FROM C-1 NEIGHBORHOOD BUSINESS WITH A PLANNED DEVELOPMENT OVERLAY AND R-2 TWO FAMILY TO R-3 MULTIPLE DWELLING WITH A PLANNED DEVELOPMENT OVERLAY INITIATED BY: JACKSON LAND COMPANY LLC 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 property on the east side of Jackson Street, south of Soda Creek Road/Jacktar Road and north of Kope Avenue from C-1 Neighborhood Business with a Planned Development Overlay and R-2 Two Family to R-3 Multiple Dwelling with a Planned Development Overlay, per the attached map. From C-1 PD to R-3 PD: All of Lot 1, CSM 5245, recorded as Doc. No. 1248502, Register of Deeds; and the north 50+ feet of Lot 2, CSM 5245 adjacent to the south lot line of Lots 15 and 16, Anders Plat; also the north 50+ feet of Lots 1 and 2, CSM 5246, recorded as Doc. No. 1248503, Register of Deeds, all in the 15th Ward, City of Oshkosh, Winnebago County, Wisconsin, plus public right-of-way abutting said lots extending to the centerlines of Jackson Street, Soda Creek Road and Jacktar Road. From R-2 to R-3 PD: The south 307± feet of Lot 2, CSM 5245, recorded as Doc. No. 1248502, Register of Deeds, 15th Ward, City of Oshkosh, Winnebago County, Wisconsin. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SEPTEMBER 24, 2013 13-430 ORDINANCE CONT'D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #13-xxx APPROVE REZONING PROPERTY EAST OF JACKSON STREET, SOUTH OF SODA CREEK ROAD/JACKTAR ROAD & NORTH OF KOPE AVENUE FROM C-1 NEIGHBORHOOD BUSINESS WITH A PLANNED DEVELOPMENT OVERLAY AND R-2 TWO FAMILY TO R-3 MULTIPLE DWELLING WITH A PLANNED DEVELOPMENT OVERLAY on October 8, 2013. 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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Printing Date: 2/4/2013 OfHKO.IH These map(s)/datasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS" without Prepared by: City of Oshkosh,WI ON THE WATER warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. J:GISIGIS_Base_Maps'Planning Base Map.mxd User:darleneb O./HKOJH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: September 19, 2013 RE: Approve Rezoning Property East of Jackson Street, south of Soda Creek Road/Jacktar Road and north of Kope Avenue from C-1 Neighborhood Business and R-2 Two Family to R-3 Multiple Dwelling with a Planned Development Overlay (Plan Commission recommends approval) BACKGROUND The area included in the rezoning request includes portions of four separate parcels generally located at the 4300 Block of Jackson Street, north of Kope Avenue and south of the terminus of Soda Creek and Jacktar Streets. This area is currently undeveloped land that has a mix of zoning that does not follow existing property lines including C-1 Neighborhood Business District with Planned Development Overlay, R-2 Two Family Residence District and R-3 Multiple Dwelling District with Planned Development Overlay. The rezone area was the subject of previous unsuccessful subdivision plat development scenarios. ANALYSIS The purpose of the rezoning request from the two existing designations to R-3 Multiple Dwelling District with Planned Development Overlay is to bring all the developable land at the location into common zoning matching property lines that will allow the applicant to design and develop a multiple family housing project consisting of eleven twelve-unit apartment buildings with attached garages, surface parking, detention facilities and greenspace. The petitioner states that market research indicates that there is a good market for market rate rental housing in this area but little demand for single or two-family uses. The multiple family dwelling designation being requested is appropriate as it is consistent with the multiple family uses to the north and is complimented by the County Park adjacent to the east. The City's Comprehensive Plan identifies this area as appropriate for residential use and the Planned Development Overlay designation is beneficial as it grants citizen, Plan Commission, and Common Council review and oversight of development plans and provides the opportunity to address potential impacts of the development on adjacent land uses. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its September 3, 2013 meeting. Approved, City Manager ITEM: ZONE CHANGE FROM C-1 NEIGHBORHOOD BUSINESS DISTRICT WITH PLANNED DEVELOPMENT OVERLAY AND R-2 TWO FAMILY RESIDENCE DISTRICT TO R-3 MULTIPLE DWELLING DISTRICT WITH PLANNED DEVELOPMENT OVERLAY FOR PROPERTY LOCATED AT THE 4300 BLOCK OF JACKSON STREET This item was previously reviewed by the Plan Commission on February 5, 2013 where it received a recommendation of approval, however it was withdrawn by the petitioner prior to being heard by the Common Council and is being brought back in conjunction with the Planned Development request. Plan Commission meeting of September 3, 2013 GENERAL INFORMATION Applicant: Dennis Hermans, Nicolet Lumber Owner: Jackson Land Company LLC and First National Bank Fox Valley Action(s) Requested: Zone change from C-1 Neighborhood Business District with Planned Development Overlay and R-2 Two Family Residence District to R-3 Multiple Dwelling District with Planned Development Overlay. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies on recommendations of the Comprehensive Plan, redevelopment plans and sound planning principles. Property Location and Background Information: The area included in the rezoning request includes portions of four separate parcels generally located at the 4300 block of Jackson Street, north of Kope Avenue and south of the terminus of Soda Creek and Jacktar Roads. This area is currently undeveloped land that has a mix of zoning that does not follow existing property lines including C-1 Neighborhood Business District with Planned Development Overlay, R-2 Two Family Residence District and R-3 Multiple Dwelling District with Planned Development Overlay. The rezone area was the subject of previous unsuccessful subdivision plat development scenarios. Subject Site Existing Land Use Zoning Undeveloped C-1 PD & R-2 Adjacent Land Use and Zoning Existing Uses Zoning North..............._Multiple Family Residences_.................................. C-1 PD South Single Family Residences R-2 East Regional County Park R-3 PD Single Family Residences &Institutional—County R-2 & M-3 West Sheriffs Department (across Jackson) Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The purpose of the rezoning request from the C-1 Neighborhood Business District with Planned Development Overlay and R-2 Two Family Residence District to R-3 Multiple Dwelling District with Planned Development Overlay is to bring all developable land at the location into common zoning matching property lines that will allow the applicant to develop a multiple family housing project. The area included in the rezone totals approximately 7.5 acres but when taken with the other existing developable R-3 PD land will provide approximately 17.5 acres of developable R-3 PD land area. A Planned Development is also proposed for the area consisting of eleven twelve-unit apartment buildings (132 units)with attached garages, surface parking, detention facilities and greenspace. The proposed development is included on this agenda. The petitioner states in their application that market research conducted by the developers indicates that there is a good market for market rate rental housing in this area but little demand for single or two-family uses. Staff agrees that the multiple family dwelling designation being requested is appropriate as it is consistent with the multiple family uses to the north and is complimented by the County Park adjacent to the east. Staff agrees with the applicant that the probability of a single or two-family housing subdivision being successful at this location is questionable, especially in the current housing market and believes the multiple family dwelling use may be the highest and best use of the land. The City's Comprehensive Plan Land Use Map identifies this area as appropriate for residential use and the zone change to an R-3 Multiple Dwelling District that is being requested is consistent with that recommendation. Additionally, the Planned Development Overlay designation also proposed is beneficial as it grants citizen, Plan Commission and Common Council review and oversight of development plans to ensure compliance with the City's development and planning policies through the regulation of standards set forth in the Planned Development Overlay District as well as provides the opportunity to address potential impacts of the development on adjacent land uses. RECOMMENDATION Staff recommends approval of a zone change from C-1 Neighborhood Business District with Planned Development Overlay and R-2 Two Family Residence District to R-3 Multiple Dwelling District with Planned Development Overlay as requested. Item-4300 Jackson_Rezone 2 The Plan Commission approved of the zone change from C-1 Neighborhood Business District with Planned Development Overlay and R-2 Two Family Residence District to R-3 Multiple Dwelling District with Planned Development Overlay as requested. The following is the Plan Commission's discussion on this item. Mr. Buck presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in said area. He stated that the zone change had been reviewed in spring and the Commission recommended approval at that time however the item was pulled prior to proceeding to the Common Council. He also explained the revision to the site plan that will connect Jacktar and Soda Creek Roads as they are planning to dedicate right-of-way to loop these two dead end streets to connect and provide two accesses to the development. There will also be two small fragments of both roads that will need to be vacated. He stated that the zone change to multi-family was supported as the marketability for single family homes in this area has not been good. He reviewed the development features, the right-in/right-out only drive access on Jackson Street, curbing requirements, pedestrian walks, and providing an access to the trail system to Winnebago County Park for these proposed units as well as the existing units to the north of the site. He also discussed signage, landscaping, elevations, and the balconies and air conditioning units. He reviewed the certified survey map, the right-of-way dedication and vacation and the conditions recommended for this request. Mr. Borsuk questioned if there should be a condition added to address the screening of the garbage dumpster area. Mr. Buck responded that code requirements provide for it to be in an enclosed structure but the Commission could add it as a condition if they felt it necessary. Mr. Thorns inquired if anything regarding traffic flow patterns was reviewed as he was questioning the two accesses on the site which would be very close together. Mr. Buck replied that the Department of Transportation felt that these two streets were capable of handling the traffic flow and he also discussed the right-in/right-out access on Jackson Street. Mr. Thorns then inquired the reasoning for the two entrances on Jacktar and Soda Creek Roads. Mr. Buck responded that it was an EMS and utility vehicle access issue. Mr. Thorns also questioned what evidence shows that we can support this number of apartment units. Mr. Burich replied that we do not perform market studies on developments and the primary responsibility of the Plan Commission was to determine if the proposal is an appropriate land use in the area. Mr. Thorns commented that he had concerns with the construction of too many apartment complexes creating blight in other areas of the community by rental units remaining vacant due to a saturation of the market. Mr. Burich responded that should not be occurring and the development is compatible with the area. Item-4300 Jackson Rezone 3 Mr. Thorns questioned when the Plan Commission would get involved in these types of discussions regarding marketability and necessity for developments. Mr. Fojtik indicated that this type of discussion should take place in some other venue and that the responsibility of the Plan Commission was to determine if it was appropriate land use. Mr. Burich added that the Commission should also be considering if a proposal is consistent with the Comprehensive Plan. Discussion ensued on planned developments and features that are required as well as the public hearing process at the Plan Commission and marketability studies for proposed projects. Mr. Borsuk commented that there may be a demand for newer and better apartment units in the community. Mr. Burich added that not approving new apartment developments could also create a monopoly situation for current landlords. Mr. Fojtik stated that the Plan Commission has no financial risk in proposed projects and therefore should not be considering the necessity or market success when reviewing proposals. Mr. Hinz questioned if when traffic patterns were reviewed were events at the fairgrounds taken into consideration as to what kind of impact it would have on the area. Vicky Redlin, representing Winnebago County Park, responded that since County Y has been expanded to four lanes, there have been no traffic issues in the area. A brief discussion continued regarding market studies and the financial stability of proposed projects and it was determined that these features of a development were not part of the Plan Commission's review responsibilities. Motion by Nollenberger to approve the zone change from C-1 Neighborhood Business District with Planned Development Overlay and R-2 Two Family Residence District to R-3 Multiple Dwelling District with Planned Development Overlay for property located at the 4300 block of Jackson Street. Seconded by Propp. Motion carried 7-0. Mr. Cummings felt that the Commission needed more information on what a development was going to look like at completion to make more informed determinations. Ms. Propp commented that this area has been struggling to develop for some time now and questioned if staff felt that this plan is more viable than past proposals. Mr. Buck responded that the housing crash was the biggest issue in the past with failed proposals for this area and the developer requesting this had a strong track record with many other successful developments of this nature. Ms. Propp commented that the lack of curbing on the site was disturbing and questioned if the development would function properly without them. Item-4300 Jackson Re:one 4 Mr. Bunch replied that they will have to work out the details with the Department of Public Works and even with some compromise,they will ensure that the site functions properly. Motion by Borsuk to approve the development plan review for the creation of a multiple family apartment development; land consolidation/certified survey map; and right-of-way dedication/vacation on property located at the 4300 block of Jackson Street with the following conditions for the planned development: 1) Base standard modification to allow three driveway access points to the development. 2) Jackson Street vehicle entrance is limited to right-in/right-out traffic movements and requires the inclusion of a raised un-mountable median within the Jackson Street right- of-way from the existing turn lane at CTY Ysouth to the southern property line. 3) Base standard modification to allow curbs to be installed only at drive entrances and around parking stalls. 4) Base standard modification to allow the combination of dedicated walks and on- pavement striping for internal pedestrian circulation, as approved by the Department of Community Development. 5) A minimum of a 10 foot wide paved pedestrian trail running from Jacktar Road to the east property line is installed with the location approved by the Winnebago County Parks Department. 6) A 10 foot wide paved pedestrian trail connecting the terminus of the trail on the subject property running east within County Park property and connecting to the internal park trail system be created at the developers expense, as approved by the Winnebago County Parks Department. 7) Base standard modification to allow three monument signs for development identification: one no taller than ten feet nor greater than 40 square feet (20 square feet per side) of sign area and two no taller than five feet nor greater than 24 square feet (12 square feet per side) of sign area. 8) Grading, erosion control and stormwater plan is approved by the Department of Public Works and the detention basin is designed without riprap above the water line and native plants be planted on the side slopes of the basin and emergent plants on the safety shelf. 9) The air conditioning units and wood porches/balconies on the structures be painted/stained or colored to match or compliment the buildings exterior façade color. and the following conditions for the lot consolidation/combination: 1) A developer's agreement for the construction of the public right-of-way and utilities is entered into between the petitioner and the City as approved by the Department of Public Works. 2) A 15 foot wide pedestrian access easement is established from Jacktar Road to the east property line, location to be approved by the Department of Community Development. 3) Replacement of stormwater detention removed from Outlots 1-3 of Anders Plat of Subdivision. Seconded by Cummings. Motion carried 7-0. Item-4300 Jackson Rezone 5 City of Oshkosh Planning Services REZONING 215 Church Avenue PO Box 1130 Oshkosh,WI 54903-1130 OJHKO.H APPLICATION 920-236-5059 ON THE WATER Property and Project Information Property Address: Jackson Street (S.T.H. "76") Parcel Number: Various Refer to Attach. "A" Existing Zone District C-1 & R-2 Lot Size Frontage: ft. Depth: ft. Area: Acres/Sq Ft / Rectangle Ulrregular Comprehensive Plan Future Land Use Map Designation Residential per 20 Year Comprehensive Land Use Plan Current use of property Undeveloped Land Proposed use of property Multi-Family Housing Project Proposed Zone District R-3PD Legal Description(to be provided in digital form, MS Word format) Refer to Attachment "A". Will a Conditional Use Permit be required? Yes ✓ No Don't Know Applicant Information 1. Applicant Identify the person or organization requesting the zone change: Name Mr. Dennis Hermans Cell Phone (920) 866-2629 Organization Nicolet Lumber Business Phone (920) 621-1820 Mailing Address 4050 Nicolet Drive Fax (920) 866-3616 City Green Bay State WI Zip 54311 E-mail dennysyard @aol.com 2. Applicant Interest The applicant must have a legal interest in the subject property: nProperty Owner ✓ Purchaser by Option or Purchase Agreement Purchaser by Land Contract Lessee/Tenant 3. Property Owner Check here if Applicant is also Property Owner Identify the person or organization that owns the subject property: Name Jackson Land Company, LLC & Cell Phone Organization 1st National Bank of the Fox Valley Business Phone Mailing Address Refer to the Authorization Form Fax City State Zip E-mail Page 2 of 7 9/14/2011 Required Application Attachments © 1.Need for Zone Change Refer to Attachment "B' Written description of why the zone change is needed,and how the proposed zone district will meet the needs of the development. © 2.Project Description Refer to Attachment "C" Written description of the proposed site and/or building layout,building and structure design information, floor plans, parking calculations,current environmental conditions,and other pertinent information. © 3.Site Plans,Building Elevations,Floor Plans,and Landscape Plans Refer to Attachment "D" If Planned Development approval is being requested concurrently with the zone change request, enclose the site plans, building elevations,floor plans,and landscape plans required on the Site Plan Review Checklist. ❑4.Conditional Use Permit Application(if necessary) If applicable,include a completed Conditional Use Permit application with the zone change submittal. © 5.Planned Development Application(if necessary) Refer to Attachment "E" If applicable,include a completed Planned Development Application with the zone change submittal. Request and Affidavit The applicant must read the following statement carefully and sign below: The undersigned requests that the City of Oshkosh review this application and related required documents and site plans.The applicant further affirms and acknowledges the following: ©That the applicant has a legal interest in the property described in this application. ©That the answers and statements contained in this application and enclosures are in all respects true and correct to the best of his,her,or their knowledge. ©That the approval of this application does not relieve the undersigned from compliance with all other provisions of the Zoning Ordinance or other codes or statutes,and does not constitute the granting of a variance. Q That the applicant will comply with any and all conditions imposed in granting an approval of this application. © If also the owner,the applicant grants the City of Oshkosh staff,Plan Commission,and Common Council the right to opess the subject prope r. for the sole purpose of evaluating the application. 13 Applicant Signature Date Applicant Signature Date If the applicant is not the property owner,the property owner must read and sign below: The undersigned affirms and acknowledges that he,she or they are the owner(s) of the property described in this application, and: © Is/are aware of the contents of this application and related enclosures. ® Authorizes the applicant to submit this application and represent the undersigned in the matter of being reviewed by the City of Oshkosh. © Grants the City of Oshkosh staff,Plan Commission, and Common Council the right to access the subject property for the sole purpose of evaluating the application. Property Owner Signature Date Property Owner Signature Date Page 3 of 7 9/14/2011 7 (4) City of Oshkosh Planning Services 215 Church Avenue PO Box 1130 OfHKOIH REZONING Oshkosh, WI 54903-1130 ONINE REVIEW STANDARDS 920-236-5059 The Plan Commission and the Common Council may consider whether the proposed zone change meets the following standards: Standard#1 Comprehensive Plan/Zoning Ordinance A. Explain how the proposed zone district designation is consistent with the purpose and intent of the City's Comprehensive Plan,including the Future Land Use Map. The City's 20 Year Comprehensive Land Use Plan shows the area to be residential. Multi-Family is consistent with the current and future land uses in the area. B. Explain how the proposed zone district will further the themes and objectives of the City's Comprehensive Plan,as well as any relevant adopted area redevelopment plans. The proposed R-3PD District is consistent with the City's Comprehensive Plan for the area. Standard#2 Public Facilities • A. Describe how adequate public facilities already exist or will be provided at no additional public cost, and will safeguard the health,safety, morals and general welfare of the public. There are adequate public utilities in the area to support the proposed development without any cost to the City. In addition,the proposed project will provide detention and treatment to the current runoff from the Soda and Jacktar at no expense to the City. B. Explain how the proposed zone district will not be detrimental to the financial stability and economic welfare of the city. The proposed development will add significant tax revenue to the City thus improving the financial stability of the City. Standard#5 Other Describe how the proposed zone district is consistent with the trend of development in the neighborhood,or the property to be rezoned was improperly zoned or classified when the City's Zoning Ordinance was adopted or amended. The proposed project is consistent with the current and future land uses in the area. Page 4 of 7 9/14/2011 8' ATTACHMENT "B" NEED FOR ZONING CHANGE Prepared by: JMM CONSULTING, LLC Prepared date: December 27, 2012 (revised 8/6/13) The zoning changes are required to allow the project to be constructed on the undeveloped lands. According to the market research conducted by First Weber, and confirmed by Nicolet Lumber, there is a market demand for affordable rental housing in this area of the City of Oshkosh, but little market demand for commercial and duplexes. As such, the Developers of the land are requesting that the land be rezoned so that they can construct the proposed project to meet that market demand for affordable rental housing.. c1 LL.__, r ::::.-- \. \ I : :... 4 • [• •::..:1 .,..:T/ i,' \;/..- 7 1 .,-,.iy-.0' wo n'.-.,„:„ 1 ... ..Li-i I= . _... A .; ,y, / t a G t —;] a ,, o E �� , I. f /NN>, 1 1 . L {;�C k f I C�PD `. j I -•'":‘� G , rA\1\ „,,,_ . , . - ._ -_ ___________ _. Apv_, _____ 1 1-- 1 ref/7 , 1 ArP o Y U 1 5 a . C-1 PDtoR3PD M-3 3 1 R-3PD w L E /1Oil D:1 n 7 , ,. , I , R2 , ! • I I I { _n `, E3i -- -- 1 q:,-.7:-,....id ?, f l- it l 1 1 +, KOPE-AVE-pvt ■ h _. - ._ _R-.1- 1. R-1 0. N '1 .`! 1 ; -� 1in=0.04mi 1 c J r s� �l t : " J r..1 ,1 J':l 1 A 1 in=200ft - The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date: 1/31/2013 O.IHKOfH These map(s)/datasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS' without ON THE WATER warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. 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