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Home My WebLink About02. 17-02JANUARY 10, 2017 FIRST READING (CARRIED PURPOSE INITIATED BY 17-02 ORDINANCE LOST LAID OVER WITHDRAWN ) APPROVE REZONING THE NORTHEAST CORNER OF EAST CUSTER AVENUE AND HARRISON STREET FROM UMU URBAN MIXED USE TO UMU-PD URBAN MIXED USE WITH A PLANNED DEVELOPMENT OVERLAY HOUSING AUTHORITY OF THE CITY OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-32 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 30-32 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 located at the northeast corner of Harrison Street and East Custer Avenue from UMU Urban Mixed Use to UMU-PD Urban Mixed Use with a Planned Development Overlay. All of Block 1 Pleasant Home Land Company 1St Addition and Vacated Portion of Mount Vernon Street as per document number 1682155 recorded at the Register of Deeds Office, 151h Ward, City of Oshkosh, Winnebago County, Wisconsin. Plus public right of way adjacent to said lot extending to the centerline of East Custer Avenue. 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 #17-xxx APPROVE REZONING THE NORTHEAST CORNER OF EAST CUSTER AVENUE AND HARRISON STREET FROM UMU TO UMU-PD URBAN MIXED USE WITH A PLANNED DEVELOPMENT OVERLAY on January 24, JANUARY 10, 2017 17-02 ORDINANCE FIRST READING CONT'D 2017. This ordinance changes the zoning at the northeast corner of Harrison Street and East Custer Avenue from UMU to UMU-PD Urban Mixed Use Planned Development. Overlay 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. City Oshkosh Memorandum DATE: January 5, 2017 TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services SUBJECT: Approve Rezoning the Northeast Corner of Harrison Street and East Custer Avenue from M- 2 Central Industrial/UMU to UMU PD Urban Mixed Use with a Planned Development Overlay (Plan Commission recommends approval) BACKGROUND The subject area consists of one lot located within the City of Oshkosh, adjacent to Harrison Street and E. Custer Avenue. 0 Harrison Street (triangular tract of land) is a vacant lot approximately 0.21 acres in size and is zoned as M-2 - Central Industrial District (and also subject of Comprehensive Land Use Plan Map Amendment request to C-1PD under separate item). The eastern portion of the lot contains a portion of pavement from recently vacated Mount Vernon Street. The lot is bordered by industrial to the north, mixed industrial and residential to the south and residential and industrial buildings to the east, and single family residential units to the west. In 2012, the Common Council approved a zone change from Light Industrial zoning to Neighborhood Business District zoning with a Planned Development Overlay for the adjacent property (300 E. Custer Avenue). The petitioner also requested a portion of the 1400 block of Mt. Vernon Street be vacated to allow for future redevelopment which was approved by the Common Council in 2015. ANALYSIS The petitioner is requesting a zone change from its current industrial zoning designation to an Urban Mixed Use (UMU) Zoning District with a Planned Development Overlay. The zone change will make all parcels within the overall development uniform and allow for their combination into one or two parcels as needed to facilitate redevelopment of the property. This request is in conjunction with a land use amendment and planned development approval for redevelopment of the site to establish a multiple family apartment development. FISCAL IMPACT The proposed zone change will not require any expansion of city services and thus should have no fiscal impact. RECOMMENDATION The Plan Commission recommended approval of a zone change at its December 6, 2016 meeting. Respect lly Submitted, (ar:rynBurich Director of Planning Services Approved, Mark Rohloff City Manager ITEM: REZONE 0 HARRISON STREET FROM M-2 CENTRAL INDUSTRIAL DISTRICT TO C-1 NEIGHBORHOOD BUSINESS DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY Plan Commission meeting of December 6, 2016. GENERAL INFORMATION Applicant/Owner: Housing Authority of the City of Oshkosh Action Requested: The petitioner is requesting a rezoning of 0 Harrison Street from its current designation of M-2 Central Industrial District to the proposed designation of C-1 Neighborhood Business District with a Planned Development Overlay. 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 one lot located within the City of Oshkosh, adjacent to Harrison Street and E. Custer Avenue. 0 Harrison Street (triangular tract of land) is a vacant lot approximately 0.21 acres in size and is zoned as M-2 - Central Industrial District (and also subject of Comprehensive Land Use Plan Map Amendment request to C-1PD under separate item). The eastern portion of the lot contains a portion of pavement from recently vacated Mount Vernon Street. The lot is bordered by industrial to the north, mixed industrial and residential to the south and residential and industrial buildings to the east, and single family residential units to the west. Subject Site Existing Land Use Zonh Vacant (Triangle) M-2 Adjacent Land Use and "Zoning Existing Uses Zoning North Warehouse/Stora e M-2 _._.....__..._.._....._._........................_.. ......._............--_............_.- —...- — South Mixed Residential and Industrial M-2, R-2, R-3 -- ......... --..._._....._..........._..._......._....-... -----._._...-----..._._._.._—........_---.......--............ _.__....--—......_...............-.-........._............_........__.._..-...._...._._.....__.....__..........._..__............_....- - East Mixed Industrial and Residential M-1 PD and C-1 PD .. ......................_._......__....__...............-.............---...... _..._......._......._.........._. West Residential R-2 Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Industrial 20 Year Land Use Recommendation Industrial ANALYSIS In March, 2012, the Plan Commission recommended a re -zone of the adjacent property (300 East Custer Avenue) from M-1 Light Industrial District to C-1 Neighborhood Business District with a Planned Development Overlay and the Common Council approved the request on April 10, 2012 (Ord 12-166). Additionally, the petitioner requested a portion of the 1400 block of Mount Vernon Street be vacated to allow for future redevelopment, which was approved by the Common Council in February, 2015 (Res 15-60). The petitioner is requesting a re -zoning from the current M-2 Central Industrial designation to the C-1 Neighborhood Business with a Planned Development Overlay designation. 0 Harrison Street is vacant and the rezone would create consistency with the adjacent lot 300 East Custer. The petitioner has plans to combine the two lots, but this cannot be done if the zoning is inconsistent. This request is connected to the previous Item 11(separate action on this agenda) in which the applicant requested an amendment to the Comprehensive Land Use Map. The subject property is designated for industrial use; the applicant is requesting a change to C-1 Neighborhood Business District with a Planned Development Overlay. RECOMMENDATION/CONDITIONS Staff recommends approval of the re -zoning application of 0 Harrison Street from M-2 Central Industrial District to C-1 Neighborhood Business District with a Planned Development Overlay. The Plan Commission approved of the rezoning of 0 Harrison Street from its current designation of M-2 Central Industrial District to the proposed designation of C-1 Neighborhood Business District with a Planned Development Overlay. The following is the Plan Commission's discussion on this item. Ms. Naudziunas presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. She reviewed the area of the zone change request which is a triangular shaped parcel adjacent to the larger parcel that was rezoned in 2012. She discussed the partial street vacation of a portion of Mt. Vernon Street that was approved in 2015 between these two parcels and explained that the zone change was to make the property consistent with the adjacent site which is necessary for the sites to be combined into one parcel. Itent — Rezone 0 Harrison St M-2 to C-1PD Mr. Thorns questioned why the small parcel adjacent to the subject site was not included in the zone change request. Ms. Naudziunas responded that this portion was excluded as it is a City -owned parcel and its intended potential use was uncertain at this time. Mr. Nau added that this issue would be resolved with the update of, the Zoning Ordinance map. Motion by Nollenberger to approve a zone change from M-2 Central Industrial District to C-1 Neighborhood Business District zoith a Planned Development Overlay for property located at the northeast corner of Harrison Street and E. Custer Avenue. Seconded by Vajgrt. Motion carried 9-0. Item — Rezone 0 Harrison St M-2 to C-1PD City of Oshkosh Planning Services 215 Church Avenue PO Box 1130 REZONING Oshkosh, WI 54903-1130 WH APPLICATION 920-236-5059 ox nt� wueA Property Address: 0 Harrison Street (see attached) Parcel Number: 1505830100 Existing Zone District M-2 Lot Size Frontage: ft. Depth: ft. Area: '215 Acres/Sq Ft Comprehensive Plan Future Land Use Map Designat Current use of property Vacated industrial site Proposed use of property Multi -family residential Proposed Zone District C-1 PD Legal Description (to be provided in digital form, MS Word format) ❑Rectangle Irregular Will a Conditional Use Permit be required? E]yes ZNo F]Don't Know 1, Applicant Identify the person or organization requesting the zone change: Name Susan van Houwelingen Cell Phone 920/642-3480 Organization The Housing Authority of the City of Oshkosh, Wisconsii Business Phone 920/424-1470 x 112 Mailing Address 600 Merritt Avenue, P. 0. Box 397 Fax 920/424-1474 City Oshkosh State WI Zip 54903-0° E -Mail suv@ohawcha.org 2. Applicant Interest The applicant must have a legal interest in the subject property: []Property Owner ❑ Purchaser by Option or Purchase Agreement ❑Purchaser by Land Contract ❑ Lessee/Tenant 3. Property Owner F] Check here If Applicant is also Property Owner Identify the person or organization that owns the subject property: Name Organization _ Mailing Address City 9W Cell Phone — Business Phone Fax State Zip E-mail Page 2 of 7 9/14/2011 RegttwCpd Apphca#lan Attachments 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. Q 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. Q S. Planned Development Application (if necessary) if applicable, include a completed Planned Development Application with the zone change submittal. 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: n 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. �]✓ 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 access the subject property for the sole purpose of evaluating the application. "LAI\ Applicant Signature Date Applicant Signature Date if the applicant is not the property owner, the property owner must read and sign below: NIA 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 Property Owner Signature Date Date Page 3 of 7 911412011 0 OI O- REZONING ON mawAfrR REVIEW STANDARDS City of Oshkosh Planning Services 215 Church Avenue PO Box 1130 Oshkosh, WI 54903-1130 920-236-5059 The Plan Commission and the Common Council may consider whether the proposed zone change meets the following standards: 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 proposed zorre d"eUiU dasgnaCron MI 0 -VH for mu%4am3y dW v$0pn'znl w ttw olrranny zoned L". cental indusinal ste. Goal a of" Hot Wng coals, objeat+es. and Acton W.Wn da Cat's Cortgr hcns'ry Hai reaia'marta'n errehaDtt:�s Itw Ctrs elaing I+rnn3 aix'FaM L>» sermri6:xj a eaF cordo"rtra N's ho-�n9' Tho sts aeons 1x thz Fiasiy Audway c4 ihs Ctr or OshrasA rOktA')bccrttns�'ho+.ir3 rch3Gt;+zSaiF srrrirg rt Yh WnY�.=saa'sgcebbr mf mofr:�-i-nrru K�:�'a N�F9+=ted5`zih7,�3r dh Vad�s�.3u,iar•F*oh9 R�`a�`.:�h tib-sre44,A*Vs.' OVA lr w1m>~6dbrsa:ts zt�rirv3 on th3 XtE'ce:dh'S'aPGVlaF3 fAag ste In aaN.ib sxie tlia M1'-a'sNJi bYFWra M.YfOMf Tra OHAW1 be Mt* HUD" YM DA'ras*'V Wr b*r IV`A tli'9. 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 2007-2008 Comprehensive Pian *Top 13' Adons Implementation Repod'N09bborhood and Housing Davelopment {Action Items 10 6 13j' &Kussed the need to nnrk ttiith public and private housing providers to plan for the development of additional housing units affordable to low, to moderate income owners and renters..' The proposed zone district zoning change vrill allow for the introduction Of additional affordable units on the larger site. 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. PvWe facr�deslub3tos already east to this site. The pubic tOtes KYd pfceMe necessary ser S to the residents and staff of the adjacent planned mugFfam3y housing commuRAY, B. Explain how the proposed zone district will not be detrimental to the financial stability and economic welfare of the city. The change in zoning from M-2 to C-1PD for all of Block 1 Pleasant Home Land Co. 1slAddition and the vacated portion of Mt. Vernon street is not expected to be detrimental the the financial stability or economic welfare of the City since the site currentty consists of a parking lot and vacant land. F � o 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 proposal to zone the current M•2 parcel to C-1 PD wIli allav for a porton of the the adjacent property, currently zoned C-1PD, to be developed into r r IIIJ r,no arfnrrinhin housino. This is consistent wit the City's Comprehensive plan as noted in A and B above. Page 4 of 7 9/14/2011 City of Oshkosh Rezoning Application — Attachment 1. Need for Zone Change The subject property is zoned M-2. As per the attached proposed Certified Survey Map, this small parcel will become a part of the larger property currently Zoned C-1PD. A portion of the larger site is being developed into multi -family affordable housing, thus the need for the zoning change. 2. Project Description The change in zoning from M-2 to C-1PD for the below described property will aid in the development of multi -family affordable housing on the adjacent property zoned C-1PD. This small parcel currently consists of vacant land and a parking lot. 3. Site Plans, Building Elevations, Floor Plans and Landscape Plans 4. Conditional Use Permit Application (if necessary) Not applicable 5. Planned Development Application Attached Legal Description: ALL OF BLK 1 PLEASANT HOME LAND CO 1 ST ADDN AND VAC PORTION OF MT VERNON ST #1682155 R OF D 5 PD/LAND DIV/REZONE OSHKOSH HOUSING AUTHORITY CEREBRAL PALSY OF MIDEAST 300 E CUSTER AVE PO BOX 397 WISCONSIN INC PQ 12-06-16 OSHKOSH WI 54903-0397 PO BOX 1241 OSHKOSH WI 54903-1241 KAREN L MILLER 2511 ELMWOOD CT APPLETON WI 54911-2220 HELEN M WILLL4MS 1406 GRAND ST OSHKOSH %W 54901-3056 MARC D HEIKKILA 2355 HICKORY CT OSHKOSH WI 54901-3200 MARJORIE R BERRIG 1731 OAKRIDGE PL NEENAH WI 54956-2116 MATTHEW A STIEVO 1507 MOUNT VERNON ST OSHKOSH WI 54901-3024 JOSHUA J KWAKKEL 1407 GRAND ST OSHKOSH WI 54901-3055 TODD M HACKBART 1337 GRAND ST OSHKOSH WI 54901-3871 RICHARD M BREITENBACH 1412 JEFFERSON ST OSHKOSH WI 54901-3017 IAN/LAUREL B AVERY-DEWITT 142914ARRISON ST OSHKOSH WI 54901-3037 MOKLER PROPERTIES INC 110 CIMARRON CT STOP 1 OSHKOSH WI 54902-7218 JILL M TO�VERY W629 BROOKLYN J RD OSHKOSH 4/7154903 EXCEL PROPERTIOES 230 OHIO ST STE 200 OSHKOSH WI 54902-5825 LANCE A/SHELLY K RHODE 104 E CUSTER AVE OSHKOSH VVI54901-3006 JASON R LASKY 3348 FOND DU LAC RD OSHKOSH WI 54902-7319 TERRENCE S EISCH 1762 RIVER MILL RD OSHKOSH WI 54901-2769 JOHN W/JULIE R KAELIN 1503 MOUNT VERNON ST OSHKOSH WI 54901-3024 JANSEN REV TRUST 1734 RIVER MILL RD . OSHKOSH WI54901-2769 $ r f Ab LTl M 1 320 >Sc 330 O !vv 340 Q0 V r^ O . �1300 Q............ob k rte, 3:f0.. .- a53a' - •.� EVADA�,V " EVADA•AV t N 11QE1 _ _ T � 1f 3tl -C t• G .4 frz9_-Rt ."la Yf�, ,b .� �,..s G. J v 105 F s z S c f S 8 -k.-- 1 b.� �{g4. 1 S � 9or USTZiS-> V vIv r �z� !1117 ti..��`' -. M 201 205 ta Oki 203 207 H2� zv moss 1320 i 'i2dJ ,= g107 135 ( M� It Y�AR t,2.3 i e R E43 r .�t ta' fm i 41 F� a 4 --g-2 a F+iliw 20a= - � �tT 22Q 4 Q _ 23a zis � o Ego �� >�� `-' o !a194 1�1z 1 22wz E�',ENNESSEE-Au fal'.4' 191 S b t 1 in = 0.02 mi 1to=1306 - The City 'of Oshkosh creates and main&s GIS maps and data for its ovm use. They may show the City approximate relative location of property, boundaries and other feature from a variety of sources.Or Printing Date: 111812016 These map(s}rdatasets are provided to informatlon purposes only and may not be suffidenk orOOshkosh ll`osh appropriate for legal, engineering, or surveying purposes. They are provIded 'AS -IS' without Prepared by: City of Oshkosh, WI warranties of any kind and the City of Oshkosh assumes no Willy for use of misuse, J:1GIs1M8nn1ngkP1an Commisson Sive Plan leap Templa,,opanComm'ssion ft Plan htapTemptaie.mcd User Web r