HomeMy WebLinkAbout02. 14-209
APRIL 22, 2014 MAY 13, 2014 14-205 14-209 ORDINANCE
FIRST READING SECOND READING
(CARRIED__6-0______LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE REZONING 143 IDAHO STREET AND ADJACENT
VACANT LOTS FROM C-2 GENERAL COMMERCIAL TO R-2
TWO FAMILY RESIDENCE
INITIATED BY: DALE RENDERMAN ETAL & CITY OF OSHKOSH
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 properties at 143 Idaho Street and two adjacent vacant lots to
the south from C-2 General Commercial to R-2 Two Family Residence.
143 IDAHO STREET, DALE RENDERMAN, ETAL, OWNERS: The SLY 132 FT OF
ELY 279.43 FT OF LOT 110 W OF IDAHO ST MAP OF LOTS IN SW ¼, SEC 23, 6TH
WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY WISCONSIN, PLUS PUBLIC
RIGHT-OF-WAY ABUTTING SAID LOT EXTENDING TO THE CENTERLINE OF
IDAHO STREET.
VACANT LOTS, CITY OF OSHKOSH, OWNER: BEING A PART OF THE N 60 FT OF
ELY 250 FT OF LOT 14 ALSO THE N 60 FT OF WLY 279.43 FT OF LOT 16 MAP OF
SW1/4, SEC 23; PLUS BEING A PART OF THE S 72 FT OF WLY 198 FT OF LOT 16
ALSO S 72 FT OF ELY 250 FT OF LOT 14 MAP OF SW1/4, SEC 23, 6TH WARD,
CITY 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 #14-209 APPROVE REZONING 143 IDAHO STREET AND
ADJACENT VACANT LOTS FROM C-2 GENERAL COMMERCIAL TO R-2 TWO
FAMILY RESIDENCE on May 13, 2014. 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
www2.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011.
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.
These maps)fdatasets are provided for Information purposes only and may not be sufftclent or
appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS` without
warranties of any kind and the City of Oshkosh assumes no fiability for use or misuse.
Base
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Printing Date: 411512014
Prepared by: City of Oshkosh, WI
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TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: April 17, 2014
RE: Approve Rezoning 143 Idaho Street and Adjacent Vacant Lots from C -2 General
Commercial to R -2 Two Family Residence (Plan Commission Recommends Approval)
BACKGROUND
The subject area consists of three separate lots located within the City of Oshkosh, and are all located
adjacent to Idaho Street. Currently, 143 Idaho Street is a single - family residential lot approximately 0.84
acres in size and is zoned as C -2 General Commercial District. The second and third lots are owned by
the City of Oshkosh, totaling approximately 1.49 acres in size, and are split zoned as C -2 General
Commercial District and R -2 Two - Family Residence District. The two city owned lots are vacant and used
for storage of plants and materials by the Parks Department. The lots are bordered by mixed commercial
and the City of Oshkosh — Parks Department to the north, single and two - family residential units to the
west and south and residential and City of Oshkosh Public Works buildings to the east.
ANALYSIS
The petitioner is requesting a zone change from C -2 General Commercial District to R -2 Two - Family
Residence District. This parcel contains a single family dwelling, detached garage, and a small utility
structure and is consistent with a residential use. In addition, the City is pursuing an administrative
clean -up of the two vacant lots south of the City's Parks Department Maintenance Facility which are
used as auxiliary lots. These parcels are split zoned with the east half designated as C -2 while the
west half is designated as R -2. The current use of all three parcels is consistent with the R -2
designation and with both the 10 and 20 -year Land Use Plans. The two parcels directly south of 143
Idaho Street will remain C,2 as the property owner felt the zone change would not be in his best
interest as one parcel contains his business which he is attempting to sell and felt the residential
designation could negatively impact his ability to do so.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its April 1, 2014 meeting.
Approved,
City Manager
ITEM REZONE 143 IDAHO STREET & TWO VACANT LOTS TO THE SOUTH
FROM C -2 GENERAL COMMERCIAL TO R -2 TWO - FAMILY RESIDENCE
Plan Commission meeting of April 1, 2014
GENERAL INFORMATION
Applicant: Dale and Debra Renderman
Owners: Dale and Debra Renderman/City of Oshkosh
Action Requested:
Petitioner is requesting a rezoning of 143 Idaho Street from its current designation of C -2 General
Commercial District, to the proposed designation of R -2 Two- Family Residence District. City staff
is requesting a rezoning of two vacant City of Oshkosh owned properties, currently split zoned as C-
2 General Commercial District and R-2 Two - Family Residence District to the proposed R -2 Two -
Family Residence District.
Applicable Ordinance Provisions:
The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning
from one classification to another but relies on the Comprehensive Plan and good planning
principles.
Property Location and Type:
The subject area consists of three separate lots located within the City of Oshkosh, and are all
located adjacent to Idaho Street. Currently, 143 Idaho Street is a single- family residential lot
approximately 0.84 acres in size and is zoned as C -2 General Commercial District. The second and
third lots are owned by the City of Oshkosh, totaling approximately 1.49 acres in size, and are split
zoned as C -2 General Commercial District and R -2 Two - Family Residence District. The two City
lots are vacant and used for storage of plants and materials. The lots are bordered by mixed
commercial and the City of Oshkosh -- Parks Department to the north, single and two-family
residential units to the west and south and residential and City of Oshkosh Public Works buildings to
the east.
Subiect Sites
Existing Laid Use
Zoning'
143 Idaho Street
C -2
Vacant Lot
C -2 and R -2
Vacant Lot
C -2 and R -2
Adjacent Land Use and Zoning
Wsting Uses
Land Use
Zoning.
North
City of Oshkosh - Parks
Department
C -2
Mixed Commercial
C -2
_
South
Single and Two - Family
Residential
R -2 and C -2
East (Across Idaho
Street)
City of Oshkosh - Central Garage
M -2
City of Oshkosh - Water
Distribution
M -2 & R -2
West
Single Family Residential
R -2
Comprehensive Plan Land Use Recommendation .
Land Use
10 Year Land Use Recommendation
Residential
20 Year Land Use Recommendation
Residential
ANALYSIS
The petitioner (143 Idaho Street) is requesting a rezoning from the current C -2 General Commercial
District designation to the R-2 Two - Family Residence District designation. 143 Idaho Street has a
single family dwelling unit, a detached garage and a small utility storage structure on the lot and is
consistent with a residential use. In addition to the petitioner's request, the City of Oshkosh is
pursuing an administrative clean -up of the two vacant lots directly south of -the City of Oshkosh -
Parks Department Maintenance Facility. The lots are land - locked and used as auxiliary lots for the
Parks Department. The lots have a split zoning designation; the east half is designated C -2 General
Commercial District while the west half is designated as R -2 Two - Family Residence District.
The proposed zoning change would designate all three lots (143 Idaho Street and City of Oshkosh
properties) as R -2 Two- Family Residence District. Both the 10 -year and 20 -year Land Use Plans
recommend residential as the preferred use of the subject parcels. The current use of 143 Idaho
Street is consistent with the R -2 Two - Family Residence District designation and would not have ill
effects on the surrounding land owners. There would also be no ill - effect to the land -use of the City
of Oshkosh parcels. The vacant lots' current land use is permitted in the R -2 Two - Family Residence
District designation and a change in zoning would not discourage the current use.
The two parcels directly south of 143 Idaho Street would remain C -2 General Commercial District.
The owner was contacted by the petitioner as well as the City of Oshkosh — Planning Services
Division. The property owner of both parcels has no issue with the rezoning application. When
approached about rezoning their lots, the owner felt it would not be in his best interest to rezone as
R -2 Two - Family Residence District as he has been trying to sell his business and felt the residential
designation could negatively affect his ability to sell.
The rezoning as requested is consistent with future land -use policies as the subject properties zoning
would match the recommendation of the Comprehensive Plan's Land -Use recommendation.
Item - Recone 143 Idaho StlVac lots
However; the zone change on these three lots without also rezoning 225 Idaho Street and 229 Idaho
Street will retain a two parcel "island" of commercial zoning (one currently used as a single family
home and the other a commercial business). Best planning practice would be to also rezone these
two lots to the residential designation however this would shift nonconformity of the home at 225
Idaho Street to the business at 229 Idaho Street and, as mentioned, is not consistent with the desires
of the property owner. The zone change of the three lots included in this request furthers the intent of
the Comprehensive Plan without placing hardship to the owner of the two remaining commercially
zoned lots, as well as not hindering the ability of the owners of the lots subject to this application to
bring them into compliance.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the re- zoning application of 143 Idaho Street and two vacant City of
Oshkosh lots from C -2 General Commercial District to the R -2 Two - Family Residence District.
The Plan Commission approved of the rezoning of 143 Idaho Street and two vacant City of Oshkosh
lots as requested. The following is the Plan Commission's discussion on this item.
Mr. Krumenauer presented the item and reviewed the site and surrounding area as well as the zoning
classifications and land use in said area. He explained that the property owner submitted the request
to rezone their property and the City was requesting to rezone the other two vacant parcels as an
administrative clean -up since they are currently split zoned and owned by the City for auxiliary use
by the Parks Department. He further explained that 225 and 229 Idaho Street are also zoned C -2
however one parcel contains a residential home and one contains a carpentry business. These
parcels are both owned by the same party who is not interested in rezoning his properties at this
point as he is attempting to sell the business and has concerns that changing the zoning would be
detrimental to the sale of the property, The zone change would shift the nonconformity from the
residence to the business use.
Mr. Fcjtik asked for clarification that we are just considering the zone change on the residential
property at 143 Idaho Street and the two vacant City parcels.
Mr. Krumenauer responded affirmatively.
Mr. Buck added that the zone change of these parcels is consistent with the City's Comprehensive
Plan.
Dale Renderman, 143 Idaho Street, stated that they requested the zone change as they are trying to
sell the home and a buyer could not obtain financing due to the C -2 zoning designation.
Tom Phillips, 225 and 229 Idaho Street, stated that he had no objections to the zone change of the
other parcels however he did not desire to rezone his properties as he is trying to sell them and had
concerns that the nonconforming use on the business parcel would be detrimental to his ability to
sell.
Item - Rezone 143 Idaho SfIVae lots
Mr. Krumenauer indicated that the carpentry business would be allowed to remain on the site as a
nonconforming use as it is an existing use even if the zoning classification was changed.
Mr. Phillips questioned what other types of businesses would be allowed to utilize the parcel if the
zoning designation was changed to R -2.
Mr. Buck responded that the intensity of the use would determine what would be allowed on the site
and similar small businesses would still be allowed however restaurants or retail uses would be
considered an. increase in intensity and would not be allowed. The current C -2 designation would
allow for the more intense uses.
Mr. Phillips questioned if he should take the property off the market at this time.
Mr. Buck replied that it was his prerogative but that there was no reason to remove the property from
the market as it is currently zoned C -2 and it would be difficult to speak for future uses on the site at
this time.
Ms. Propp questioned which property was the home and which one was the business.
Mr. Phillips responded that 225 Idaho Street was the home and 229 Idaho Street was his carpentry
business.
Ms. Propp questioned if the Commission could recommend the zone change for the home only.
Mr. Buck indicated that it could not be done at this time as the zone change request was not noticed
as such but that it could be proposed for a future meeting.
Mr. Thorns commented that the owner has the option of waiting and sell both properties as
commercially zoned parcels and he felt it would be wise to request a zone change when the property
owner is certain about the sale of the parcels and the intended use for them both.
Mr. Phillips commented that he looked into the matter years ago and was told that he could not
rezone just one of the two parcels.
Mr. Hinz arrived at 4:15 pm.
Mr. Borsuk commented that things had changed since that proposal as the area to the north, if
approved, would now be an R -2 zoning classification.
Motion by Bmven to approve the rezone of 143 -1daho Street and tivvo vacant lots to the south
from Cm2 General Commercial District to R -2 Two- Family Residence District.
Seconded by Cummings. Motion carried 7 -0.
Item - Rezone 143 Idaho SYVac Tots
City of Oshkosh Planning Services
REZONING 215 Church Avenue PO Box 1130
Oshkosh, WI 549031130
QfHKOLM APPLICATION 920236 -5059
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Property Address:.
Number: Parcel a Existing Zone District
Lot Size Frontage: j3?ft. Depth:279 ft. Area; 09Acres /Scg Ft L/LNJRectangle Irregular
Comprehensive Plan Future Land Use Map Designation
Current use of property_ 66 S
Proposed use of property - 114t�Jial
Proposed Zone District
Legal Description (to be provided in digital form, MS Word format)
Organization
Business Phone
Mailing Address 13'3 R1 5 Fax
City_ %1(nurt. -Wil„ State ,! Zips E -Mail t'1Cn
2. Applicant Interest
The applicant must have a legal interest in the subject property:
XProperty Owner FI 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
Organization
Mailing Address
City
Cell Phone
Business Phone
Fax
State Zip E -mail
Page 2 of 7
9/14/2011
r459 1. Need for Zone Change
Written description of why the zone change is needed, and how the proposed zone district will meet the
needs of the development.
2'2. Project Description
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
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.
❑ S. Planned Development Application (if necessary)
If applicable, include a completed Planned Development Application with the zone change submittal.
® 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.
That the applicant will comply with any and all conditions imposed in granting an approval of this application.
FYQ If also the owner, the applicant grants the City of Oshkosh staff, Plan Commission, and Common Council the right to
access the su °ect property for the sole purpose of evaluating the application.
� 4-
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
M 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.
54 Grants the City of Oshkosh staff, Plan Commission, and Common Council the right to access the subject property for
,the sole p dose of evaluating the application.
Property Owner Signature Date
Property Owner Signature Date
Page 3 of 7
9/14/2011
5
O.IHKOfH REZONING
ON THE SKATER REVIEW STANDARDS
City of Oshkosh Planning Services
215 Church Avenue PO Box 1130
Oshkosh, WI 54903 -1130
920 -236 -5059
The Plan Commission r • the Common may • •- the Proposed • change meets the
following • •r •
r
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{ Llse'Maa%p. f
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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,
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A. Describe how adequate public facilities already exist orwill be provided at no additional public cost, and
will psafeguard the health, safety, morals and general welfare of the public.
B. Explain how the proposed zone district will not be detrimental to the financial stability and economic
welfare of the city.
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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.
Page 4 of 7
9/14/2011
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REZONE
CITY OF OSHKOSH
143 IDAHO ST /VACANT LOTS
PO BOX 1130
PC: 04 -01 ®14
OSHKOSH WI 54903 1130
DALE E /DEBRA RENDERMAN
ROBERT J &FRANCIS
13821 SECTION 4 LN #4
ELSINGER /JANET WARNER
MOUNTAIN WI 54149 9200
PO BOX 699
ANGEL FIRE NM 87710 0699
THOMAS /ELAINE PHILLIPS
JAMES H EWING
229 IDAHO ST
1215 WALNUT ST
OSHKOSH WI 54902
OSHKOSH WI 54901 3653
JEFFREY A /REBECCA A BRISKI
DONALD J HAIDLTNGER
908 W 4TH AVE
848 W 4TH AVE
OSHKOSH WI 54902 5808
OSHKOSH WI 54902 5806
GARY L ALLMERS
836 W 4TH AVE
OSHKOSH WI 54902 5806
JET' STREAM CAR WASH INC
PO BOX 1315
FOND DU LAC WI 54936 1315
DANIEL P WOLF'
818 W 4TH AVE
OSHKOSH WI 54902 5806
DOUGLAS A /,KATHERINE S SALMI
918 W 4TH AVE
OSHKOSH W1 54902 5808
PIE INVESTMENT'S LLC
230 OHIO ST 200
OSHKOSH WI 54902 5825
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These map(s)Idatasets are provided for information purposes only and may not be sufficient or
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approximate relative location of property, houndaries and ofher feature from a varFety of sources. Priming Date: 3/13/2014
These maps)fdatasets are provided for information purposes only and may not be sufficient or Of HKOJ
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 llabiiity for use or misuse.
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The C4 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.
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-1,S" without
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
JAG&PlannirQlRan Commission Site Plan Map Iornplai6PJan Commission Site Plan Map Tomplato,imd
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Printing Date: 3/13/2014
Prepared by: C4 of Oshkosh, WI
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