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Home My WebLink About23. 17-85FEBRUARY 28, 2017 17-85 ORDINANCE FIRST READING (CARRIED PURPOSE INITIATED BY LOST LAID OVER WITHDRAWN ) APPROVE REZONING 1218 AND 1226 WITZEL AVENUE FROM UMU URBAN MIXED USE DISTRICT AND SR -5 SINGLE FAMILY RESIDENTIAL 5 DISTRICT TO UMU PD URBAN MIXED USE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY DK PROPERTIES OSHKOSH, LLP 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 following described properties from UMU Urban Mixed Use District and SR -5 Single Family Residential 5 Dsitrict to UMU-PD Urban Mixed Use District with Planned Development Overlay. Rezone from UMU to UMU-PD / 1218 Witzel Avenue South 160 feet of Lot 7, also South 160 feet of Lot 8 excluding West 10 feet of Lot 8 Weisbrod and Buckstaff Subdivision, 61h Ward, City of Oshkosh, Winnebago County, Wisconsin. Plus public right of way adjacent to said lot extending to the centerline of Witzel Avenue. Rezone from SR -5 to UMU-PD/ 1226 Witzel Avenue South 160 feet of West 10 feet of Lot 8 also South 160 feet of East 40 Feet of Lot 9 Weisbrod and Buckstaff's Subdivision 61h Ward, City of Oshkosh, Winnebago County, Wisconsin. Plus public right of way adjacent to said lot extending to the centerline of Witzel Avenue. FEBRUARY 28, 2017 17-85 ORDINANCE FIRST READING CONT'D 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 1218 AND 1226 WITZEL AVENUE FROM UMU URBAN MIXED USE DISTRICT AND SR -5 SINGLE FAMILY RESIDENTIAL 5 DISTRICT TO UMU PD UMU URBAN MIXED USE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY on March 14, 2017. This ordinance changes the zoning at 1218 Witzel Avenue from UMU Urban Mixed Use District to UMU-PD Urban Mixed Use District with Planned Development Overlay and 1226 Witzel Avenue from SR -5 Single Family Residential 5 District to UMU-PD Urban Mixed Use District with Planned Development Overlay. 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 www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: February 23, 2017 RE: Approve Rezone 1218 and 1226 Witzel Avenue from UMU Urban Mixed Use District and SR -5 Single Family Residential 5 District to UMU-PD Urban Mixed Use District with Planned Development Overlay (Plan Commission recommends approval) BACKGROUND The approximate 0.59 acre subject site consists of two separate parcels which include a dental office (1218) and a single family home (1226) located on the north side of Witzel Avenue, west of N. Sawyer Street. The surrounding area consists primarily of residential uses to the north, west, and south, and commercial and institutional uses to the east and north. The owner is proposing to demolish the residential structures and combine the subject lots in order to expand the dental office parking lot. The 10 and 20 Year Comprehensive Land Use Plans have 1218 Witzel Avenue slated for commercial use and 1226 Witzel Avenue for residential use. ANAT YC%TC% The petitioner is requesting a zone change from the SR -5 zoning designation to the UMU Urban Mixed Use zoning designation for the property located at 1226 Witzel Avenue. This zone change would create consistency with the zoning designation with the adjacent property to the east at 1218 Witzel Avenue. The petitioner is also requesting a Planned Development Overlay for both of the subject properties to enable him to combine the two lots. Although 1226 Witzel Avenue is designated for residential use by the City's Comprehensive Plan, staff is supporting the zone change as it is proposed to be combined with the adjacent commercial use. The lot combination is necessary to provide additional parking for the dental office at 1218 Witzel Avenue which will be reviewed as a separate action for approval of a Planned Development. FISCAL IMPACT There should be no fiscal impact or pressure on city services by changing the zoning of the site to permit a parking lot expansion. RECOMMENDATION The Plan Commission recommended approval of a zone change at its February 21, 2017 meeting. Respectfully Submitted, Darryn Burich Director of Planning Services Approved: Mark A. Rohloff City Manager City Hall • 215 Church Avenue • P.O. Box 1130 • Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us El i 3 }43. 143.0' �Lj 143.0' E] 143.0' 71.5' FAUST AV 1317 1309 1303 121, �i 77.5' 77.0• 77.0' 58.5' 77.5• 91.0' fi0.o' sab' 6 1332 1324 to i REZONE i .[From SR -5 MU PD 1314 1 308LI-3C WITZEL AV H1317 1309 1395 g Q ' Lj� J o Ll 66.69' 100.0' 55.63'3' 100.0' E] i r �- 121 1400 N - ..139.01 . 1225 1221 1215 1207 r- D U I �a 50.0' 1 REZONE From UMU To UMU PD k 125.0' 122 1219 1213 �[ m� Ll z53.00' 53.00' 3 cQ � G � E 53.00' 53.00' ! 53.00' 1�z.za� _ !-i —._132.58' N LO 0 H U) W W V/ Z 1203 UJI 106.40' cn 132.70' � o N 1 in = 0.02 mi 1 in=100ft The City of Oshkosh creates and maintains GIS maps and data for its own use. ri;y They may show the approximate relative location of property, boundaries and other 0P feature from a variety of sources. These map(s)/datasets are provided for Printing Date: 2/23/2017 Oshkosh information purposes only and may not be sufficient or appropriate for legal, Prepared by: City of Oshkosh, WI engineering, or surveying purposes. They are provided "AS -IS" without warranties ITEM: REZONE 1218 AND 1226 WITZEL AVENUE FROM UMU URBAN MIXED USE DISTRICT AND SR -5 SINGLE FAMILY RESIDENTIAL 5 DISTRICT TO UMU PD URBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY Plan Commission meeting of February 7, 2017 GENERAL INFORMATION Applicant/Owner: DK Properties Oshkosh, LLP: Michael Hanneman Action Requested: The petitioner is requesting a rezoning of 1218 and 1226 Witzel Avenue from their current designations of SR -5 Single Family Residential 5 District and UMU Urban Mixed Use District to the proposed designation of UMU PD Urban Mixed Use 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 approximate 0.59 acre subject site consists of two separate parcels which include a dental office (1218) and a single family home (1226) located on the north side of Witzel Avenue, west of N. Sawyer Street. The surrounding area consists primarily of residential uses to the north, west, and south, and commercial and institutional uses to the east and north. The owner is proposing to demolish the residential structures and combine the subject lots in order to expand the dental office parking lot. The 10 and 20 Year Comprehensive Land Use Plans have 1218 Witzel Avenue slated for commercial use and 1226 Witzel Avenue for residential use. Subject Site Existing Land Use Zoning Commercial & Single -Family Residential UMU & SR -5 Adjacent Land Use and Zoning Existing Uses Zoning -North Sine -Family Residential & Vacant ... ---.._._...._...—........_.....-.._ SR -5 & UMU South Single -Family Residential ......._..........-......._.............. �...._ .......................----....................._.—................. -- .... - ... ----._...__..__.... SR -5 East ..... -.-......... - ..... _........... -_ Institutional ....__.- ——.- ...... ....... ------............ _... ---.......... --- ..... _... __............. ... I PD West Single -Family Residential SR -5 Comprehensive Plan Land Use Recommendation Land Use 10 Year & 20 Year Land Use Recommendation Residential ANALYSIS The petitioner is requesting a rezone from the current SR -5 designation (1226 Witzel Avenue) to the UMU Urban Mixed Use designation. This rezone would create consistency with the zoning of the adjacent subject property to the east (1218 Witzel Avenue). The petitioner is also requesting a Planned Development Overlay for both of the subject properties. The petitioner has plans to combine the two lots, but this cannot be done if the zoning is inconsistent. Though one of the subject properties (1226 Witzel Avenue) is designated for residential use by the Comprehensive Land Use Plan, staff is supportive of the rezone as the intent of the request is to combine this lot with the neighboring commercial property (1218 Witzel Avenue), which the Comprehensive Land Use Plan has designated for commercial use. According to the petitioner the rezone and lot combination is necessary to provide additional parking for the dental office at 1218 Witzel Avenue, which will be further discussed through review of the Planned Development for the property. RECOMMENDATION/CONDITIONS Staff recommends approval of a zone change from SR -5 Single Family Residential 5 District and UMU Urban Mixed Use District to UMU PD Urban Mixed Use District with a Planned Development Overlay as requested. The Plan Commission approved of the zone change at 1218 and 1226 Witzel Avenue as requested. The following is the Plan Commission's discussion on this item. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He discussed the combination of the two lots into one site and the reason for the zone change request which would be to allow the lot combination as they could not be combined into one parcel without consistent zoning designations. He explained that the reason the petitioner desired to combine the two lots into one parcel was to allow the expansion of the parking lot for the dental office at 1218 Witzel Avenue. Item — Rezone 1218-1226 Witzel Ave SR -5 to UMU-PD Mr. Thoms stated that he would like to know what if any delineation will be done between 1226 and 1302 Witzel Avenue as he felt 1302 required some type of buffer as it was a residential property and this would change the adjacent lot from a residential use to a commercial use. Mr. Slusarek responded that there would be a buffer yard between the two parcels which will be discussed_ during the review of the General Development Plan and Specific Implementation Plan which is the next item on the agenda. Mr. Thoms discussed if the zone change or planned development should be discussed first. Mr. Burich stated that the zone change would be required to be approved first before the planned development could be considered. Mr. Slusarek reviewed the buffer requirements which with the proposed six foot tall solid fence, a 10 foot setback with 50% landscaping would be required. He further explained that the landscaping requirements could be less or more based on the amount of setback. Wayne Kettlewell, 2891 County Road K, Omro, stated that he is associated with the property at 1302 Witzel Avenue and discussed that the current parking lot already floods the back yard of this property and that they were looking for some type of relief from further development on this site. Motion by Borsuk to approve a zone change from UMU Urban Mixed Use District and SR -5 Single Family Residential 5 District to UMU PD Urban Mixed Use District with a Planned Development Overlay for property located at 1218 and 1226 Witzel Avenue. Seconded by Propp. Motion carried 6-0. Item — Rezone 1218-1226 Witzel Ave SR -5 to UMU-PD City of Oshkosh Application SUBMITTO: cityl Dept. of Community Development Rezoning 215 Church Ave., P.O. Box 1130 Oshkosh Oshkosh, Wisconsin 54903-1130 PHONE: (920) 236-5059 `PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: DK Properties Oshkosh, LLP (Michael Hanneman) Date: 11/28/2016 Petitioner's Address: 1218 Witzel Avenue City: Oshkosh State: WI Zip: 54902 Telephone #: ( 920) 233-6001 Fax: ( ) Other Contact # or Email: oshdoc@charter.net Status of Petitioner (Please Check): p Owner ❑ Representative ❑ Tenant ❑ Prospective Buyer Petitioner's Signature (required): OWNER INFORMATION Owner(s): Owner(s) Address: _ Same as Petitioner City: Date: Date: State: Zip: Telephone #: ( ) Fax: ( ) Other Contact # or Email: Ownership Status (Please Check): ❑ Individual ❑ Trust o Partnership DCorporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: gec a #rec, e a 4,,� Date: ZONING AND DEVELOPMENT INFORMATION Address/Location of Rezoning Request: 1226 Witzel Avenue Tax Parcel Number(s): 90607980000 Rezone property from: SR -5 Single -Family Residential -5 to UMU PD Purpose for Rezoning: Proposing additional parking on recently purchased neighboring residential lot (1226 Witzel Avenue) for existing dental office (1218 Witzel Avenue) Rezoning is required prior to combining lots Describe existing property development and land use: Existing lot currently has single-family residential home and detached caraae Describe proposed development and/or proposed land use: Proposed development is additional parking lot for existing business Proposed time schedule for development and/or use of the property: Demolition upon approval, parking lot construction to begin Spring 2017 Zoning Adjacent to the Site: North: SR -5 South: 5K -b East: UMU West: SR -5 Staff Date Rec'd 2 PN 4841 1/16/2017 1218 Witzel Avenue Zoning Change Application Narrative Statement Project Narrative The owner's of 1218 Witzel Avenue operate a dental office and are in the need of additional parking for their staff and customers. Current conditions require some staff members, patients, and vendors/delivery drivers to park on Mason Street and cross Witzel Avenue on foot to get to the building. This is not only an inconvenience to the staff, customers, and neighbors, but is also a safety hazard in regard to the pedestrian crossing of Witzel Avenue. To achieve this goal, the owner's have purchased neighboring property (1226 Witzel Avenue) with the intention of using this property to construct additional parking stalls. They, through their engineers have explored and evaluated several different design alternatives which have resulted with this application. A zoning change is required for the purchased lot so that it matches the lot containing the existing dental office and parking lot. These lots must be combined and cannot be combined with different zoning classifications. Davel Engineering & Environmental, Inc. Page 1 of 1 V PD/REZONE AMBER L MILLER FLORENCE BRICKHAM 1218 & 1226 WITZEL AVE 1213 WITZEL AVE - 1219 WITZEL AVE PC; 02-21-17 OSHKOSH WI 54902-5658 OSHKOSH WI 54902-5658 PETER G GARBE GUILLERMO E CONTRERAS DALE J/MELODY L POST 1223 WITZEL AVE 1305 =EL AVE 1309 WITZELAVE . - OSHKOSH WI 54902-5658 OSHKOSH WI 54902-5660 OSHKOSH WI 54902-5660 NM WEST TACO -PROPERTIES LLC DK PROPERTIES OSHKOSH LLP MARY JANE KETTLEWELL 3037 BELLAIRE LN 1218 WITZEL AVE 2891 COUNTY ROAD K OSHKOSH WI 54904-1002 OSHKOSH WI 54902-5659 OMRO WI 54963-9727 MARY A BIGALK MIDWEST TACO PROPERTIES LLC SCOTT S/SUSAN M FINK 1308 WITZEL AVE 3037 BELLAIRE IN 1215 FAUST. -AVE OSHKOSH WI 54902-5661 OSHKOSH WI 54904-1002 OSHKOSH WI 54902-5649 MATHIAS EBERSBERGER DAVID L SCHI�IUDE MICHAEL R/KARLA J GOYKE 1221 FAUST AVE 1225 FAUST AVE 1231"FAUST AVE OSHKOSH WI 54902-5649 OSHKOSH WI 54902-5649 OSHKOSH WI 54902-5649 EMILY M PEPPLER STEPHEN P VANMUN DAVEL ENGINEERING 1303 FAUST AVE 1203 WITZEL AVE ATTN JOHN DAVEL OSHKOSH WI 54902-5651 OSHKOSH WI 54902-5658 1811 RACINE RD . MENASH WI 54952 W RJEC - 53.00' 106.40' 1203 OEM ®R W 1 N C-4- 1W 1 in 0.01 mi I in 70 ft The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the Gf approximate relative location of property, boundaries and other feature from a variety of sources. Thes map(syclatasets are provided for information purposes only and may not be sufficient or Printing Date: 1/19/2017 appropriate ate for legal, engineering, or surveying purposes. They are provided 'AS -IS' without Prepared by: City of Oshkosh, W1 warranties of any kind and the City of Oshkosh assumes no liability for use or misuse, JAGIS\PlanninglPlan Commission Site Plan Map Template\Plan Commission Site -Plan Map Template.nud User. kaft