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Home My WebLink About23. 15-505NOVEMBER 10, 2015 NOVEMBER 24, 2015 15-472 15-505 ORDINANCE FIRST READING SECOND READING (CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE OF PROPERTIES AT PARKWAY AVENUE AND BOYD STREET FROM C-1 NEIGHBORHOOD BUSINESS TO R-2 TWO FAMILY RESIDENCE INITIATED BY: CITY ADMINISTRATION 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 described below from C-1 Neighborhood Business to R-2 Two Family Residence. THE E 91.75 FT. OF LOT 18 AND THE E 91.75 FT. OF THE N 20 FT. OF LOT 17, THTH BLOCK 57, 4 WARD; ALSO THE W 71.5 FT. OF LOTS 12 & 13, BLOCK 58, 11 WARD; ALSO LOT 1 AND THE W 133.38 FT. OF THE S 10 FT. OF LOT 2, BLOCK 61, TH ALL IN FORD’S ADDITION, 4 WARD; ALSO LOT 20, BLOCK 62, REPLAT OF TH BLOCK 62, FORDS ADDITION, 11 WARD, ALL IN THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, PLUS PUBLIC RIGHT-OF-WAY ABUTTING SAID LOTS EXTENDING TO THE CENTERLINES OF E. PARKWAY AVENUE AND BOYD 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 #15-505 APPROVE ZONE CHANGE OF PROPERTIES AT PARKWAY AVENUE AND BOYD STREET FROM C-1 NEIGHBORHOOD BUSINESS TO R-2 TWO FAMILY RESIDENCE on November 24, 2015. This Ordinance changes the zoning designation on properties at Parkway Avenue and Boyd Street from C-1 Neighborhood Business to R-2 Two Family Residence. 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 G' .��.._..� `� 1 t'�7 � - O - ii � � ...."�� i�r ra: I �:.�:< H � w c s C=1 � �� =. �, - :;o �� `' � _ M ^ _..LO ° �� ._ .. 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They are provided "AS-IS" without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. H:ljeffnlPlanning Base Map - Jeff 2014.mxd o- _.. � — v = v, ; o co ' ;= c° s : �... i �� ___._..�--�— ... _ . � _- :. . . ..._.— . �- � '. r � ' � . � . _... � � N _.:�. i- i ``' � ` C�C . _ . � _. � � -- --'- g � � � .'. :? T� :: � 0 � ... �� ` °—... - . ....._ � �.., :: ? : :: � � : � :_ o . ... __._ � .,. '. .....: . ... ,. ... i �! ..._— '_ N� : � . - - � s CO � - � � t N � € _ r � �y� � € . _—_.. s'�._. __ ... .. ..._..�.._.. � I C�! ' _ - :.: : � :; �_._ :.: O N, � � � _" � _ �. .. z ��a _ :�.,CO.:: 3 i � _. � �� 3_ .._..__ — y „�" ..� .—___ ' - --. � ., .._ ......_.._ . ti � Y � _3R-2 � - � � i �- T � .....__' ��... -- .._ . � ��i�. � :i r .; y�:.�.:;—_ s �?— .—. 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' � . __......— �..._.. .._.....� ` — — l!i N � 1 in=0.02mi p 1 in =100 ft .�f ��:�::. �� Printing Date:10/15/2015 Q,�HKOlH Prepared by: City of Oshkosh, WI �T�E WATFA User. jeffn O O1HKOlH ON THE WAiEP TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: November 5, 2015 RE: Approve Zone Change of Properties at Parkway Avenue and Boyd Street from C-1 Neighborhood Business to R-2 Two Family Residence (Plan Commission Recommends Approval) BACKGROUND The subject 1.27 acre area is zoned C-1 Neighborhood Business District, and according to City records, has been zoned similarly since at least 1965 and affects all four quadrants of the intersection of Boyd Street and E. Parkway Avenue. The subject area contains eight parcels owned by eight unique property owners. The Planning Services Division was contacted by an owner of a single family home within the subject area that is having difficulty selling the property due to its C-1 zoning classification. Although residential uses are permitted by-right within the C-1 District, lenders are hesitant to provide financing for residential properties in commercial districts due to the misconception that the structure/use cannot be restored if destroyed. Planning staff analyzed the existing land uses within the subject area and compared that with the recommended residential land-use from the Comprehensive Plan, and as a result, is proposing a zone change that better suits the area based on existing uses. The R-2 Two-Family Residence District zoning is being proposed to match the zoning surrounding this commercially-zoned "island". ANALYSIS The area within this request contains six single-family and two multi-family properties all of which are permitted uses in the current C-1 District however all eight parcels are substandard in size restricting permitted residential uses to single-family. The two multi-family uses are classified as legal nonconforming due to the lot sizes meaning that the use may be continued if it is not discontinued for more than a year or if the structure is not damaged more than 50% of its assessed value. The City's Comprehensive Plan identifies this area as suitable for residential uses which is inconsistent with the current zoning designation and the proposed R-2 District zoning proposed would be consistent with the Comprehensive Plan and harmonious with the zoning surrounding this neighborhood commercial island. The substandard lot sizes would also limit any new development to a single-family use regardless of the zoning classification and would not change the use status of the existing properties. Even if properties were combined, a commercial development would be improbable as it would have increased setback requirements and would have to accommodate off-street parking area. Based on the existing land uses within the subject area and the recommendation of the Comprehensive Plan, the change to the R-2 District is a more appropriate zoning designation. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its October 20, 2015 meeting. Approved, .,�� City Manager ITEM: ZONE CHANGE FROM C-1 NEIGHBORHOOD BUSINESS DISTRICT TO R-2 TWO FAMILY RESIDENCE DISTRICT FOR PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF E. PARKWAY AVENUE AND BOYD STREET Plan Commission meeting of October 20, 2015 GENERAL INFORMATION Applicant: City Administration Property Owners: Multiple Action(s) Requested: The City is requesting a change from G1 Neighborhood Business 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 good planning principles. Property Location and Background Information: The subject 1.27 acre area is zoned C-1 Neighborhood Business District, and according to City records, has been zoned similarly since at least 1965. The area affects all four quadrants of the intersection of Boyd Street and E. Parkway Avenue. The subject area contains eight parcels owned by eight unique property owners. The Planning Services Division was contacted by an owner of a single family home within the subject area that is having difficulty selling the property due to its G 1 zoning classification. Although residential uses are permitted by-right within the C- 1 District, lenders are hesitant to provide financing for residential properties in commercial districts due to the misconception that the structure/use cannot be restored if destroyed. Planning staff analyzed the existing land uses within the subject area and compared that with the recommended residential land-use from the Comprehensive Plan, and as a result, is proposing a zone change that better suits the area based on existing uses. The R-2 Two-Family Residence District zoning is being proposed to match the zoning surrounding this commercially-zoned "island". Subiect Site S isting Land Use and Multi-Familv Residential Adjacent Land Use and � Existirtg Land Uses North Residential South Residential East Residential West Residential Zo� C-1 Zoning R-2 R-2 R-2 R-2 Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The area in the rezone request contains six single-family and two multi-family properties. All of the existing uses are permitted by-right in the current G 1 District; however, all eight parcels are substandard in size restricting permitted residential uses to single-family. The two multi-family uses are currently classified as legal nonconforming uses due to the substandard lot sizes, meaning that the existing use of a structure ar premises may be continued but may not be extended and if the use is discontinued far a period of a year ar if the structure is damaged more than 50% of its assessed value, it may no longer be used or rebuilt as a multi-family use. LAND USE BREAKDOWN Use Number of Parcels Acreage Single Family 6 0.480 Multi-Family 2 0.217 Right-of-Way - 0.573 Total 8 1.270 The City's Comprehensive Plan land use maps identify this area suitable for residential uses. The current C-1 zoning is inconsistent with that recommendation. City staff is recommending the R-2 Two-Family Residence District to be consistent with the Comprehensive Plan and be harmonious with the zoning surrounding this neighborhood commercial "island". As stated earlier, the substandard lot sizes limit any new development to a single-family use, regardless of the zoning classification. A rezoning to the R-2 Two-Family Residence District will not change the use status of the properties. The six single-family uses will remain as legal conforming and the two multi-family uses will remain as legal nonconforming. Staff examined the likelihood of a commercial development ever occurring in this area. The small parcel sizes make it improbable to develop as a commercial use even if several properties were combined because a commercial development would have increased setback requirements and have to accommodate for off-street parking area. It is in staff's opinion that based on the existing land uses within the subject area and recommendation of the Comprehensive Plan, the R-2 Two-Family Residence District is a more appropriate zoning. The benefit of this zone change is that it will help potential home buyers secure financing once the "stigma" of the commercial district is removed. RECOMMENDATION/CONDITIONS Staff recommends approval of rezoning from C-1 Neighborhood Business District to R-2 Two- Family Residence District as proposed. Item — Rezone — E. Parkway AvelBoyd St. The Plan Commission approved of the zone change as requested. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He explained that the reason for the zone change request was due to a property owner who was experiencing difficulty in selling their residential property due to its commercial zoning classification and reviewed the current land use in the area of which none of the parcels possess a commercial use. He also discussed the lot sizes which would limit the use of any of the parcels within the subject site to single family homes only and reviewed the City's Comprehensive Plan land use map which designates this area as residential therefore the C-1 zoning classification is not consistent with this plan. He further explained that the existing uses will remain the same and that commercial development in this area was not likely due to the size of the parcels and that even if parcels would be combined, it would not have adequate area to meet setback or parking requirements for a commercial use. Ms. Propp inquired if at some point there were commercial uses in this location. Mr. Nau responded that the area has been zoned C-1 since 1965 however there was only one parcel at that intersection that had a commercial use at one time. He further explained that if the zone change would be approved, a property owner could obtain a conditional use permit or an adaptive reuse approval to re-establish a commercial type use at this location in the future. Mr. Gray inquired if all the property owners within the subject site area had agreed to the zone change proposed. Mr. Nau replied that a letter was sent out to the property owners within the subject site explaining the proposal and he only received one call inquiring about the request and that party had no obj ections. � Motion by Bowen to approve a zone change from C-1 Neighborhood Business District to R-2 Two Family Residence District for property located at the intersection of E. Parkway Avenue and Boyd Street. Seconded by Vajgrt. Motion carried 7-0. Item — Rezone — E. Parkway Ave/Boyd St. �„ REZONE E PARKWAY AV & BOYD ST PC: 10-20-15 DEAN HINZ/DIANE C MURAWSKI 578 BOYD ST ' OSHKOSH WI 54901-4633 STRAWBERRY JAM ZLC 130 STATE ST 1623 OSHKOSH WI 54901-4837 PAUL T/LINDA S ZULLNER 709 E PARKWAY AVE OSHKOSH WI 54901-4654 DAVID J/.LAURA.A LOUKIDAS 622 E PARKWAY AVE osHKOSH w1 54901-4653 JAMES/SHARON ENGLUND 3368 ISAAC LN OSHKOSH WI 54902-7396 R�NDY J/LISA A SCHRAVEN 616 BOYD ST OSHKOSH WI 54901-4635 DAVID L/KATHLEEN R STETTER DEBRA LANE W9392 STATE ROAD 23 581 BOYD ST ROSENDALE WI 54974-9737 OSHKOSH WI 54901-4632 JOHN M/BONNIE J LYNCH 611 E PARKWAY AVE OSHKOSH WI 54'901-4652 SIGNA A MEYERS 204 STANLEY ST NEENAH WI 54956-4720 AACE INVESTMENTS LLC 2708 HARRISON ST OSHKOSH WI 54901-1610 DARRELL S/MARY CHAPIN 608 E PA.RKWAY AVE OSHKOSH WI 54901-4653 DANIEL P THORN 706 E PARKWAY AVE OSHKOSH WI 54901-4655 L12 PROPERTIES ZLC 212 BALDWIN AVE OSHKOSH WI 54901-3813 WAYNE/KARL JORGENSEN 615 E PARKWAY AVE OSHKOSH WI 54901-4652 KEEN CAPITAL MANAGEMENT LLC 201 E WINNECONNE AVE NEENAH WI 54956-3322 ADVOCAP INC PO BOX 1108 FOND DU LAC WI 54936-1108 GARY J/NANCY A ORMSBEE 609 BOYD ST OSHKOSH WI 54901-4634 JEREMY G MESSER 615 BOYD ST OSHKOSH WI 54901-4634 PAUL VAN AUKEN MENOMINEE SOUTH NGHBRHD 1125 MERRITT AV OSH3{OSH WI 54901 � �' 133.D' °v 133.0' �=:`j o � o� o � � 60.0' I c c � ,-,_ u.. �a ' r�o�-�; _ o � � c 0 �8: � �; �.o• � so.o� � � I so� � . 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These map(s)/datasets are provided for information purposes only and may not be suficient 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 liability for use or misuse. J:1GIS1PIannino\Plan Commission Site Plan Mao TemolatelPlan Commission Site Plan Mao Temolate.mxd N � 1in=0.01mi 1 in=70ft Printing Date: 9l112015 Prepared by: City of Oshkosh, WI � O.IHKOIH orv rriE wnrFa I Iser dehnra 7