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Home My WebLink About11. 16-516OCTOBER 25, 2016 NOVEMBER 9, 2016 16-492 16-516 ORDINANCE FIRST READING SECOND READING (CARRIED LOST_______LAID OVER_______WITHDRAWN_______) REFERRED BACK TO PLAN COMMISSION (7-0) PURPOSE: REPEAL AND RECREATE CHAPTER 30 ZONING ORDINANCE AND ZONING MAP EFFECTIVE JANUARY 1, 2017 (THIS UPDATE REPLACES THE EXISTING ZONING ORDINANCE AND MAP ADOPTED IN 1997) INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING CHAPTER 30 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE ZONING ORDINANCE. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Chapter 30 of the Oshkosh Municipal Code pertaining to the Zoning Ordinance and Zoning Map is repealed and recreated to read as follows: (on file at the City Clerk’s Office) SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication, effective January 1, 2017. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #16-516 REPEAL AND RECREATE CHAPTER 30 ZONING ORDINANCE AND ZONING MAP EFFECTIVE JANUARY 1, 2017 (THIS UPDATE REPLACES THE EXISTING ZONING ORDINANCE AND MAP ADOPTED IN 1997) on November 9, 2016. The Ordinance repeals and recreates Chapter 30 of the Oshkosh Municipal Code pertaining to the Zoning Ordinance effective January 1, 2017. 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. I ^-A,66 Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: November 3, 2016 RE: Repeal and Recreate Chapter 30 Zoning Ordinance and Zoning Map Effective January 1, 2017 (This replaces the Existing Zoning Ordinance and Map Adopted in 1997) (Staff requests layover until December 131'.) BACKGROUND Since 2013 the Planning Services Division, along with its contracted planning consultant for this task, Vandwalle & Associates, has been engaged in a multiyear comprehensive rewrite of the City's Zoning Ordinance and Map, which hasn't received a comprehensive update since 1997. That process is now nearing its end with the Plan Commission recently recommending adoption of the Zoning Ordinance (Draft #6) and Map at its October 41~ meeting. The Plan Commission recommendation came after 3 years of work and dozens of individual, working group, and Plan Commission workshops. ANALYSIS Since the public hearing on October 2511, staff has received additional comments on the proposed Zoning Ordinance and is working on revisions to both the map and the Ordinance language. To date, staff has identified 7 potential map changes to be incorporated into the final map that will be adopted as part of the overall repeal and re- creation of Chapter 30. Included under separate cover are the seven mapping changes that have been identified to date. Also as part of staff's review of the proposed zoning map, some of the map changes in central city neighborhoods where the zoning is proposed to change to an SR (Single Family) classification from an R -2 (Two Family) a number of nonconforming conditions would be created. Staff would like to avoid creating this situation to the extent that it can while also balancing that with the Comprehensive Plan's land use recommendations. As such staff is developing alternatives to address the situation that will include; adjusting SR zones to make existing conforming two family uses permitted uses in the SR zones. Alternatively, conditional use permits can be issued for any use made nonconforming by the Zoning Ordinance change and that is generally used on a case by case basis. Staff has also heard that there are concerns from some Council members regarding some of the provisions of the proposed zoning Ordinance relating to ending some items at the Plan Commission level. In particular Conditional Use Permits (CUP) are proposed to end at Plan Commission except if there is an appeal by any party and then the CUP will be forwarded on to Council for final disposition. Staff proposed this as a measure to improve the efficiency of the process and to allow permits to be granted with less of a delay of meetings between Plan Commission and Council. Part of the rationale behind this change is because the vast majority of CUPS coming through to Council come through on the consent agenda with no neighborhood issues at all and ones where there maybe issues would likely be forwarded ' t o Council because of a disagreement. Any concerns about notification of neighbors regarding a CUP request is being addressed by increasing the radius of who is notified from just the adjacent properties to a 200 foot radius. The other concern staff has heard is relative to stopping the Specific Implementation Plan at the Plan Commission. This is relative to Planned Development Process and staff is developing some alternative recommendations. Because the Plan Commission has been such a large part of the development of this Ordinance, staff is requesting to lay over action by Council to its December 131h meeting and direct back to the Plan Commission the aforementioned changes, and any others that Council would like to consider to the Plan Commission's November 15th meeting. The reason for laying this over until December 13th is that staff would like to publish a Class II meeting notice similar to the one published for the October 25th public hearing. In order to make this process more productive by the Plan Commission, staff is also requesting that Council provide staff with any recommendations for changes that they would like considered. FISCAL IMPACT There is no anticipated impact on City service provision due to adopting a new Zoning Ordinance and Map. RECOMMENDATION Staff is recommending that Council layover adoption of the Zoning Ordinance until December 13th. Respectfully Submitted, /�Y. Darryn Burich Director of Planning Services Approved, Mark Rohloff City Manager r ■i illll FN 11 ■ . ■ �► � �_ III �I I to . ' WA MV *T, A - Poberezny Road & W. Ripple Avenue: This 80 acre area was changed from SMU -PD Suburban Mixed Use with Planned Development Overlay to UI -PD Urban Industrial with Planned Development Overlay to mirror the existing M -1 Light Industrial District with Planned Development Overlay and to be consistent with the City's Comprehensive Land Use Plan. B - Algoma Boulevard & Wisconsin Street Area: This 11.37 acre area was changed from TR -10 Two Flat Residential -10 to MR- 36 Multi- Family Residential - 36 to better reflect the existing residential land uses and mirror the current R -5 Multiple Dwelling District. _ _ -d from to I s -. ■r ■r �� X111111111111111 �.�.1.; ■111i11�1� 111 so Omni C - New Water Tower Site: This 0.77 acre area was changed from UMU -PD Urban Mixed Use with Planned Development Overlay to Institutional with Planned Development Overlay due to a recent land division for construction of the new water tower within the Marion Road/Pearl Avenue Redevelopment Area. The Institutional Zone District is intended for properties used for governmental buildings and structures as well as other exempt entities. D - North Main Street Storm Sewer Basin Area: This 0.46 acre area was changed from MR -20 Multi- Family Residential - 20 to Institutional due to a recent land division for construction of a storm sewer connection between recently constructed City storm water detention basins. The Institutional Zone District is intended for properties used for governmental buildings and structures as well as other exempt entities. IPD 4 a VINE AVE Changed from CtoI JOHN AVE W KA61 IF c M KILPS AVE o 04 0 El ri 6� P� F -n F-1 CU ,o f CEL BRATION WAY Changed from CtoI F-1 1-1 �4 �4 V ERN ME o s SCHAICK AVE LINDBERGH AVE Z I z 0 E - UWO Parking Lot — Scott Avenue: This 0.61 acre site was changed from C Campus to I Institutional District. This area was missed during mapping review as the C District was removed from the final version of the proposed ordinance text. The area is used for a parking lot for the University of Wisconsin Oshkosh and the Institutional Zoning is the most appropriate district as it matches the rest of the university campus area. The Institutional Zone District is intended for properties used for governmental buildings and structures as well as other exempt entities. F - Vacated Knapp Street — EAA This 0.60 acre site was changed from C Campus to I Institutional District. This area was missed during mapping review as the C District was removed from the final version of the proposed ordinance text. The undeveloped land is part of vacated Knapp Street and is now owned by the Experimental Aircraft Association. The Institutional Zone District is intended for properties used for governmental buildings and structures as well as other exempt entities. X61 G - 225 Idaho Street: This 0.54 acre site was changed from NMU Neighborhood Mixed Use to SR -5 Single Family Residential — 5. This request was made by the property owner who approached the City to rezone the property from its current C -2 General Commercial Zone District. The property contains a single family home, a prohibited use in the C -2 District. The formerly proposed NMU District would have allowed the single family use by- right, however, the property is currently on the market and the owner had fears that a potential buyer would have difficulty securing financing with the NMU designation.