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Home My WebLink About29. 18-113FEBRUARY 27, 2018 18-113 ORDINANCE FIRST READING (CARRIED PURPOSE INITIATED BY LOST LAID OVER WITHDRAWN ) APPROVE ZONE CHANGE FROM INSTITUTIONAL (I) DISTRICT TO SINGLE FAMILY RESIDENTIAL — 5 (SR -5) DISTRICT; 1650 VILLA PARK DRIVE CITY OF OSHKOSH PLAN COMMISSION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 described property located at 1650 Villa Park Drive from Institutional (I) District, to Single Family Residential 5 District (SR -5). SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. BEGINNING AT THE SOUTHEAST CORNER OF LOT 722, 5TH ADDITION TO WESTHAVEN; THENCE NORTH 33 031'22" WEST ALONG AN EASTERLY LINE OF SAID LOT 722, 50.98 FEET TO AN EASTERLY CORNER OF SAID LOT 722; THENCE NORTHEASTERLY 70.59 FEET ALONG THE ARC OF CURVE TO THE LEFT, WHOSE RADIUS IS 476.87 FEET AND WHOSE CHORD BEARS NORTH 4802751" EAST 70.52 FEET TO THE NORTHEAST CORNER OF SAID LOT 722; THENCE SOUTH 1502542" WEST 92.60 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 1719 SQ. FEET (.04) ACRES AND IS SUBJECT TO ALL EXISTING EASEMENT AND RESTRICTIONS OF RECORD. ALL IN THE 13TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. FEBRUARY 27, 2018 18-113 ORDINANCE FIRST READING CONT'D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #18-xxx APPROVE ZONE CHANGE FROM INSTITUTIONAL (I) DISTRICT TO SINGLE FAMILY RESIDENTIAL 5 DISTRICT (SR -5); 1650 VILLA PARK DRIVE on March 13, 2018. This ordinance changes the zoning at 1650 Villa Park Drive from Institutional to Single Family Residential 5 District. 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 21, 2018 RE: Approve of the Zone Change From Institutional (I) District To Single -Family Residential -5 (SR -5) District; 1650 Villa Park Drive (PC recommends approval) BACKGROUND The subject area included in the zone change request consists of a former part of 44th Parallel Park that was disposed to an adjacent property in 2017. The approximately 1,500 square foot disposition resulted in the creation of a split -zoned parcel containing Single -Family Residence - 5 (SR -5) and Institutional (I) Districts. The immediate neighborhood area contains exclusively single-family uses with exception of 44th Parallel Park located east of the subject property. The 10 and 20 Year Comprehensive Land Use Plans have the subject area identified as appropriate for parks, recreation and open space. ANALYSIS City Administration is requesting this zone change as a cleanup from the parkland disposition in 2017. It is generally poor practice to allow the creation of split -zoned properties as it can lead to confusion on how to regulate base zoning standards. This request will make the entire property Single -Family Residential -5 which is consistent with the use of the balance of the property and other residential properties in the surrounding area. FISCAL IMPACT As this is essentially a "clean-up" action that zone change will not have any fiscal impact other than potentially allowing construction of accessory structures in the zone change area that could add to assessed value. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us RECOMMENDATION The Plan Commission recommended approval of the zone change at its February 20, 2018 meeting. Respect�zlly 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 920.236.5000 http://www.ci.oshkosh.wi.us ITEM: ZONE CHANGE FROM INSTITUTIONAL (I) DISTRICT TO SINGLE- FAMILY RESIDENTIAL -5 (SR -5) DISTRICT FOR PROPERTY LOCATED 1650 VILLA PARK DRIVE Plan Commission meeting of February 20, 2018. GENERAL INFORMATION Applicant: City Administration Property Owner: Tomas Sullivan Actions Requested: The applicant requests a zone change from the existing Institutional (I) District to Single -Family Residential — 5 (SR -5) District for a portion of the property located at 1650 Villa Park Drive. 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. Background Information, Property Location and Type: The subject area included in the zone change request consists of a former part of 441h Parallel Park that was disposed to an adjacent property in 2017. The approximately 1,500 square foot disposition resulted in the creation of a split -zoned parcel containing Single -Family Residence — 5 (SR -5) and Institutional (I) Districts. The immediate neighborhood area contains exclusively single-family uses with exception of 44th Parallel Park located east of the subject property. The 10 and 20 Year Comprehensive Land Use Plans have the subject area identified as appropriate for parks, recreation and open space. Subject Site Existing Land Use Zoning Single -Family Residential SR -5 & I Adjacent Land Use and Zoning Existing Uses Zoning North --Single—Family—Residential SR -5 ----------------------- South Single -Family Residential SR -5 ----------------------- -East- ----- Public -Park ----------------------------------------- I ---------------------------- West Single -Family Residential I SR -5 Comprehensive Plan Land Use Recommendation Land Use 10 Year & 20 Year Land Use Recommendation Parks, Recreation and Open S ace ANALYSIS City Administration is requesting this zone change as a cleanup from the parkland disposition in 2017. It is generally poor practice to allow the creation of split -zoned properties as it can lead to confusion on how to regulate base zoning standards. This request will make the entire property Single -Family Residential — 5 which is in line with the use of the property and consistent with the surrounding area. The Comprehensive Plan's parks, recreation and open space land use recommendation will be in conflict with the base land use. However, staff does not have any concerns as the subject site is relatively small and the mapping conflict will be addressed with the forthcoming update to the City's Comprehensive Plan. RECOMMENDATION/CONDITIONS Staff recommends approval of the zone change from Institutional (I) District to Single -Family Residence District — 5 (SR -5) District as requested. The Plan Commission approved the zone change from Institutional (I) District to Single -Family Residence District — 5 (SR -5) District as requested. The following is the Plan Commission's discussion on this item. Mr. Burich presented the item and reviewed the site and surrounding area. He stated the zone change request consists of a former part of 44t1, Parallel Park that was disposed to an adjacent property in 2017. The disposition resulted in the creation of a split -zoned parcel containing Single - Family Residence 5 (SR -5) and Institutional District. The immediate area contains exclusively single- family uses with the exception of the park. Staff is recommending approval of the zone change as a cleanup from the parkland disposition in 2017. There was no discussion on the item. Motion by Kiefer to approve the a zone change from Institutional (I) District to Single-Famile Residential - 5 (SR -5) District for a portion of the property located at 1650 Villa Park Drive. Seconded by Borsuk. Motion carried 6-0. Item - Zone Change — Portion of 1650 Villa Park Dr E�oNC THOMAS T SULLIVAN JAMES W RIEDI 1650 VILLA PARK DR 1650 VILLA PARK DR 1640 VILLA PARK DR PC: ul- 20--18 OSHKOSH WI 54904-8272 OSHKOSH WI 54904-8272 CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54903-1130 JAMES FULLER 1660 VILLA PARK DR OSHKOSH WI 54904-8272 Page 3 Y b O 2V 435.6 _ _— w Cfl g COto 52.15 R T � T t- `ai` &0.00' 40.26• a M 2b — - o CO to 33.42! CD 133.42' 136.06 l^ 8 4 (2 2b a mer N x1700. C. ; _ N 0y — O "`0 cb P/ r µ 'SSpd I IB r � f FA' � �► � 3 y � � 1`�i pn<5' �!� f jjJ Rn — 1 in = 0.02 m1 - 1 in= 80 ft A PAM— The City of Oshkosh creates aid ma!flWns GIS maps and data for Rs atin use. They may show the Ci approx6nale Wasve tocaw of property bondwes and other nature from a vaAev of sa (M. of These map(sjldalasels xe WWoded fcr lnfamAn purposes only and may 60 be S0 enl u prin8n9 Date: i117120i6 Q�hk��j,~ appropriate for IeUA eNkeerirg, cf serve'-/jig purposes. 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For full disdame€ please go to atiOshkosh wvwr.d.oshkosh.wi.usfGlSdfsdaime€ Prepared by: City of Oshkosh, WI OshkoshJ J JAGiS1PlaminglPlan Comm�sslon Si c Plan Map Temp?atelRan Comm sslcn Site Pian flap Templa_e.mxd User. kat�b Page 5 ;►�3 r j r� r n1I 1 in 0.02 mi _. lin-120ft City of Oshkosh maps and data are Mended to be used for general identification purposes only, and Cilvllw the City of Oshkosh assumes no WE-ty for the accuracy of the information, Those using the bf information are respauibte for verifying accuracy. For U disclamer please go to Printing Date: 2/512018 Oshkosh vn'nv.ci.oshkosh.5;i.us/GlSdisdalmef Prepared by: City of Oshkosh, WI J til5 r!ann}ngu an cfimmi;s on S :e Man n-,ap IempatetMan c omms; on S to Flanmap lemp!ate.nxd User: katieb Page 6