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Home My WebLink About08. 18-509 SEPTEMBER 25, 2018 OCTOBER 9, 2018 18-503 18-509 ORDINANCE FIRST READING SECOND READING (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM CENTRAL MIXED USE DISTRICT (CMU) TO TWO FLAT RESIDENTIAL-10 (TR-10) DISTRICT; 222 WEST 8TH AVENUE INITIATED BY: ERIK SIEVERT 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 at 222 West 81h Avenue from Central Mixed Use (CMU) to Two-Flat Residential- 10 (TR-10). LOT 20 OF BLOCK 51 PLAT OF ORIGINAL 3RD WARD PLUS PUBLIC RIGHT OF WAY ADJACENT TO SAID LOT EXTENDING TO THE CENTERLINE OF WEST 8TH AVENUE ALL IN THE 9TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. 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 #18-509 APPROVE ZONE CHANGE FROM CENTRAL MIXED USE DISTRICT (CMU) TO TWO FLAT RESIDENTIAL-10 (TR-10) DISTRICT; 222 WEST 8TH AVENUE on October 9, 2018. This ordinance changes the zoning at 222 West 81h Avenue from Central Mixed Use (SMU) to Two-Flat Residential - 10 (TR-10). 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. City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. for full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisclaimer JIGISTIanninMPlan Commission Site Plan Map Template0an Commission 1in=0.02 mi 1in=120ft Printing Date: 8/17/2018 Prepared by: City of Oshkosh, WI t""•3.�y Oshkosh mi—k TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: September 19, 2018 RE: Approve Zone Change from Central Mixed Use District (CMU) to Two Flat Residential -10 (TR -10) District; 222 West 8th Avenue (Plan Commission Recommends Approval) BACKGROUND The subject area included in the zone change request consists of a 4,500 square foot parcel that included an approximately 1,933 sq. ft. single family home that was constructed in pre -1920 according to the City of Oshkosh Assessor website. The surrounding area consists predominately of single and two family with a church to the south. The 10 and 20 Year Comprehensive Land Use Plans have the subject parcel designated for commercial use. ANALYSIS The petitioner is requesting a zone change from the existing Central Mixed Use (CMU) District to Two Family Residential - 10 (TR -10) District to combine the subject parcel with the residentially -zoned vacant parcel to the west. The applicant recently purchased the vacant lot located at 226 W. 8th Avenue and presently resides in the home at 222 W. 8th Avenue. The applicant wishes to combine the two parcel into a single lot. In order to proceed with the lot combination process both lots need to carry the same zoning designation. The 10 and 20 year land use recommendations designate this property as commercial; however, the adjoining parcels to the north, west and east are residential land uses. The comprehensive land use map recommendations are a general representation of land use patterns and are not intended to be parcel specific like zoning. Therefore, extending the zoning to maintain consistency with adjacent land uses will be part of the comprehensive land use recommendations for this area as part of the ongoing Comprehensive Plan update. City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 hffp://www.ci.oshkosh.wi.us FISCAL IMPACT Changing the zoning will help to facilitate the property owners' request to combine the two properties so there will be less potential assessed improvement value due to the loss of a developable separate single family lot. RECOMMENDATION The Plan Commission recommended approval of the zone change at its September 18, 2018 meeting. Res ctfully 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 CENTRAL MIXED USE (CMU) DISTRICT TO TWO FLAT RESIDENTIAL -10 (TR -10) DISTRICT FOR PROPERTY LOCATED AT 222 W. 8TH AVENUE Plan Commission meeting of September 18, 2018. GENERAL INFORMATION Applicant\Property Owner: Erik Sievert Actions Requested: The applicant requests a zone change from the existing Central Mixed Use (CMU) District to Two Flat Residential - 10 (TR -10) District for property located at 222 W. 8th Avenue. 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 4,500 square foot parcel that included an approximately 1,933 sq. ft. single family home that was constructed in pre -1920 according to the City of Oshkosh Assessor website. The surrounding area consists predominately of single and two family with a church to the south. The 10 and 20 Year Comprehensive Land Use Plans have the subject parcel designated for commercial use. Subiect Site Existing Land Use Zoning Single Family Home CMU Adjacent Land Use and 'Zoning Existing Uses Zoning North Single Family Residential South . Institutional - church ---- .....................__........ ........................... _.... _..... .__................... _ _...- —.. I .........._.._......_..._............_..__...__ East ..............------._.._.....—............... .... ---_........._.....................--....._......................_........_._...._.-......_............._ Single Family Residential _ ...... ..._ ..... ...._ ... __...... _.................... --- ........... ---....._...---..... _._..... _............ _....... _.._.__. CMU . _........_.... _ West Vacant lot - owned by applicant ........... ._..._. .. _..... __..... _ .... TR -10 Comprehensive Plan Land Use Recommendation Land Use 10 Year & 20 Year Land Use Recommendation Commercial ANALYSIS The petitioner is requesting a zone change from the existing Central Mixed Use (CMU) District to Two Family Residential -10 (TR -10) District to combine the subject parcel with the residentially -zoned vacant parcel to the west. The applicant recently purchased the vacant lot located at 226 W. 8th Avenue and presently resides in the home at 222 W. 81h Avenue. The applicant wishes to combine the two parcel into a single lot. In order to proceed with the lot combination process both lots need to carry the same zoning designation. Staff review the proposal and agrees with applying a TR -10 designation to both parcels prior to the lot combination, so they will be consistent with the surrounding residential area. The 10 and 20 year land use recommendations designate this property as commercial; however, the adjoining parcels to the north, west and east are residential land uses. The comprehensive land'use map recommendations are a general representation of land use patterns and are not intended to be parcel specific like zoning. Therefore, staff does not have concerns with extending the zoning to maintain consistency with adjacent land uses. Staff will be updating the comprehensive land use recommendations for this area as part of the ongoing Comprehensive Plan update. RECOMMENDATION/CONDITIONS Staff recommends approval of the zone change from Central Mixed Use (CMU) District to Two Family Residential -10 (TR -10) District as requested. The Plan Commission approved of the rezone as requested. The following is the Plan Commission's discussion on this item. Mr. Lyons presented the item and reviewed the site and surrounding area. The applicant recently purchased the vacant lot located at 226 W. 8th Avenue and presently resides in the home at 222 W. 8th Avenue. The applicant wishes to combine the two parcel into a single lot. In order to proceed with the lot combination process both lots need to carry the same zoning designation. Staff review the proposal and agrees with applying a TR -10 designation to both parcels prior to the lot combination, so they will be consistent with the surrounding residential area. The 10 and 20 year land use recommendations designate this property as commercial; however, the adjoining parcels to the north, west and east are residential land uses. Staff does not have concerns with extending the zoning to maintain consistency with adjacent land uses as part of the ongoing Comprehensive Plan update. Erik Sievert, 222 W. 8tI, Avenue, stated the purpose of the rezone is to only receive one property tax bill and one utility bill. Mr. Sievert said he has been paying two separate bills for years, from the time he purchased the lot. He stated he was unaware of how to fix the problem until someone provided him with the necessary information, hence the rezone. Motion by Vaigrt to approve a zone cliange from Central Mixed Use (CMU) district to Two Flat Residential —10 (tr-10) district for property located at 222 W. 8th Avenue. Seconded by Perry. Motion carried 9-0. Item - Zone Change — 222 W. 8th Ave. CA City of Oshkosh Application aty of%V Zoning Map Amendment (Rezoning) Oshkosh Petitioner: **PLEASE TYPE OR PRINT USING BLACK INK** - SUBMIT TO: Dept, of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 PHONE: (920) 236-5059 Date: _ — E' 1 -� Petitioner's Address: '�e-� VIJ u91 �1— �Ave—City: 6� �`, clll t Stater Zip: _� +qo Telephone #: (tom) ` l i `) �_�? Fax: Other Contact # or Email: Status of Petitioner (Please Check): ❑ Represe tative E:T ant r; Prospective Buyer Petitioner's Signature (required):, a Date: OWNER INFORMATION Owner(s): d t ; d -e r Date: Yet~t i y� } D `f t 11 —1 : C` 4 Y � Zip: �1f i1 Owner(s) Address: G�t ti/� i..} e `t� City � i- v ,�, State: �� Telephone #: c ` r? ' Fax: ( ) Other Contact # or Email: (i .1 j Gi.fl-71 S - Ownership Status (Please Check): ` dividual G Trust ❑ Partnership ❑Corporation 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 inspector gather other information necess ry to process this application. I also understand that all meeting dates are tentative and may be postponed by the Plapningrvices Divi n for incaplete submissions or other administrative reasons. r f_ Property Owner's Signature: / _, t _ ��.-.,�. Date: ZONING AND DEVELOPMENT INFORMATION } {j Address/Location of Rezoning Request: i/V2- �l �1d�1 V Tax ParcelNumber(s): t > `� O q Cil �J Rezone property from: 0 a i 0 d 0 to 0 Ci C 0 C, C1 Purpose for M H ti 1 Describe existing pr- perty development and land use: 2 V i) Describe proposed development and/or proposed land use: V o (Vi "0'V) Proposed time schedule for development and/or use of the property: Zoning Adiacent to the Site: North: T� l J c t r L CA South: `en j � 9 East: t' t t.,^ 1k c C l./ . West: 7 ` 1() CdP0,2 � o rk e C -V �Q � �0 , Staff Date Rec d ��e 3 W 8TH AV . v y c 717, -i 1 in = 0.01 mi } 1 in_30 ft� City of Oshkosh maps and data are intended to be used for general identification city - purposes only, and the City of Oshkosh assumes no liability for the accuracy of the Printing Date. 8/6/2018 or information, Those using the information are responsible for verifying accuracy. For Oshkosh full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisdaimer Prepared by. City of Oshkosh, VVI J:\GIS\GIS_Base_Maps\Planning Base Map.mxd user: comms 5 ev O 50.0' 50 4' _ �_� 50.0' S0.0 - - _ 50.0' 50:0, 50.0 50.0' 50.0' i x— -2 3' yD (�� r�y E�'21' 1 j ( l J E 1 3 -2a2 226 ( i 1 W 8TH AV . v y c 717, -i 1 in = 0.01 mi } 1 in_30 ft� City of Oshkosh maps and data are intended to be used for general identification city - purposes only, and the City of Oshkosh assumes no liability for the accuracy of the Printing Date. 8/6/2018 or information, Those using the information are responsible for verifying accuracy. For Oshkosh full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisdaimer Prepared by. City of Oshkosh, VVI J:\GIS\GIS_Base_Maps\Planning Base Map.mxd user: comms 5 ev REZONE AUDREY PATRIE MATTHEW E NELSON 222 W 8TH AVE 233 W 7TH AVE 227 W 7TH AVE PC: 09-18-18 OSHKOSH WI 54902 OSHKOSH WI 54902 KLINT A STUEBS N4998 PALMETTO LN SHAWANO WI 54166 CYNTHIA I SALZWEDEL 1424 POWERS ST OSHKOSH WI 54901 PAVELSKI ACQUISITIONS LLC 701 OREGON ST OSHKOSH WI 54902 ERIC D LICHTERMAN 735 W 8TH AVE OSHKOSH WI 54902 PEACE LUTHERAN CHURCH 240 W 9TH AVE. OSHKOSH WI 54902 JUDENE L MARTINEZ 247 W 9TH AVE OSHKOSH WI 54902 MARK A LENTZ 1113 W 11TH AVE OSHKOSH WI 54902 DEAN P HOFFMAN/SUSAN R HOFFMAN 1008 E IRVING AVE OSHKOSH WI 54901 COREY M DOMKE 238 W 8TH AVE OSHKOSH WI 54902 711 OREGON LLC 182 W RIPPLE AVE OSHKOSH WI 54902 DANUTA SWIECICKI 225 E DIVISION ST FOND DU LAC WI 54935 ERIK/JEFFREY L/PATRICIA R SIEVERT 222 W 8TH AVE OSHKOSH WI 54902 CRISLIN HOLDINGS LLC 1325 BOWEN ST OSHKOSH WI 54901 703 OREGON STREET LLC 703 OREGON ST OSHKOSH WI 54902 PHILLIP J SULLIVAN/REBECCA"M SORKIN 4200 JEROME ST MADISON WI'53716 ROBERT J KOSSEL 717 OREGON ST OSHKOSH WI 54902 ROBERT J MAZZA 1558 COUNTY ROAD I OSHKOSH WI 54902 0 City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. For full disclaimer please go to www.a.oshkosh.wi.us/GiSdisdaimer JAGISIPIanniWPlan Commission Site Plan Map Plan Map Template.mxd 1in = 0.09 mi lin=500ft Printing Date: 8/17/2018 Prepared by: City of Oshkosh, WI Crk Oshkosh a r- Laf �� j a 'v'• MR — r y 1 a t � MOP A ti �1 0 1 r SUBJECT _ ,SITE MW w 11 ��J U EJH ��\1� N lin=0.02 mi lin=100 ft It City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date: 8/17/2018 VV information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI J:\GIS\Planninq\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template. mxd User: minak