HomeMy WebLinkAbout28. 20-254JUNE 9, 2020 20-254 ORDINANCE
FIRST READING
(CARRIED
PURPOSE
INITIATED BY
LOST LAID OVER WITHDRAWN )
APPROVE ZONE CHANGE FROM INSTITUTIONAL WITH A
UNIVERSITY TRANSITION OVERLAY (I -UTO) TO URBAN
MIXED-USE WITH A UNIVERSITY TRANSITION OVERLAY
(UMU-UTO) FOR A PORTION OF PROPERTY LOCATED AT 471
HIGH AVENUE
ACQUEST PROPERTY GROUP
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 for a portion of the described property at 471 High Avenue from
Institutional with University Transition Overlay (I -UTO) District to Urban Mixed -Use
with University Transition Overlay (UMU-UTO) District.
PORTION OF 471 HIGH AVENUE
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 1 OF BLOCK H,
WESTERN ADDITION; THENCE S51°38'01"E, 127.58 FEET ALONG THE SOUTH LINE
OF HIGH AVENUE; THENCE S38°06'24"W, 116.13 FEET; THENCE N51°35'10"W,
120.28 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF DAWES
STREET; THENCE N38°06'24"E, 116.02 FEET ALONG SAID RIGHT-OF-WAY LINE OF
DAWES STREET TO THE POINT OF BEGINNING. PLUS PUBLIC RIGHT OF WAY
ADJACENT TO SAID LOT EXTENDING TO THE CENTERLINE OF DAWES STREET
AND HIGH AVENUE, ALL IN THE IST WARD, CITY OF OSHKOSH, WINNEBAGO
COUNTY, WISCONSIN.
JUNE 9, 2020 20-254 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 #20-xxx APPROVE ZONE CHANGE FROM INSTITUTIONAL WITH
A UNIVERSITY TRANSITION OVERLAY (I -UTO) TO URBAN MIXED-USE WITH A
UNIVERSITY TRANSITION OVERLAY (UMU-UTO) FOR A PORTION OF PROPERTY
LOCATED AT 471 HIGH AVENUE on June 23, 2020. This ordinance changes the zoning
for a portion of property at 471 High Avenue from Institutional with University
Transition Overlay (I -UTO) District to Urban Mixed -Use with University Transition
Overlay (UMU-UTO) 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: Mark Lyons
Planning Services Manager
DATE: June 4, 2020
RE: Approve Zone Change from Institutional with a University Transition Overlay
(I -UTO) to Urban Mixed -Use with a University Transition Overlay (UMU-UTO)
for a Portion of Property Located at 471 High Avenue (Plan Commission
Recommends Approval)
BACKGROUND
The subject area included in the zone change request involves a portion of the Most Blessed
Sacrament Parish (formerly St. Peter's Church) property located along the south side of High
Avenue between Jackson Street and Dawes Streets. The area in particular is the northwesterly
portion of the property which contains the Newman Student House building at the intersection
of High Avenue and Dawes Street. The parish is in the works to divide the lot containing the
student housing from the remainder of the church parcel. The applicant, AcQuest Property
Group is proposing to purchase the student housing building and repurpose it to market rate
apartments. The building will have eight units; Two 1 -bedroom units, four 2 -bedroom units
and two 3 -bedroom units.
The surrounding area consists of mix of single, two-family and multi -family uses to the north
east and west and the parish site to the south. The 2040 Comprehensive Plan recommends
Center City land use for the subject property and the surrounding area.
ANALYSIS
The applicant's proposal to renovate the student housing to market rate apartments is in conflict
with the underlying zone district. The existing Institutional zoning district prohibits
multifamily residential uses which prompted this zone change request. Staff analyzed the
surrounding zoning districts and considered two options; recommend a rezone to Urban Mixed -
Use (UMU), similar to the apartments to the south and across High Avenue or Multi -Family
Residential -36 (MR -36) like across Dawes Street to the west. Both options allow multi -family
uses by -right, however, staff determined the UMU District was more appropriate as the entire
frontage along Dawes Street would have consistent zoning.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, wl 54903-1130 920.236.5000 http://w .ci.oshkosh.wi.us
The University Transition Overlay (UTO) will carry over with the rezone to Urban Mixed -Use.
The UTO Overlay allows slightly higher per-unit residential densities near the UW Oshkosh
campus.
The zone change request is one of three steps required for the applicant's plan to repurpose the
building. The applicant has submitted a Certified Survey Map (CSM) to divide the Newman
Student House from the remainder of the church property. The CSM has been conditionally
approved by staff, pending approval of the third step which is approval of a setback variance
from the Board of Zoning Appeals. The dimensional separation between the Newman House
and the Saint Peter's Recreational Building to the southeast is not sufficient to meet base
standards of the UMU District. The applicant has submitted a variance request to reduce the
required 25 -foot rear yard setback of the Newman House building from the proposed lot line to
19.8 feet. The Board of Zoning Appeals will consider the request (with a staff recommendation
for approval) at its June 10th meeting.
Staff is supportive of this zone change request. It will enable the reuse of a well-maintained
building that is currently underutilized. The proposed renovation will also provide another
housing option for people seeking to live closer to the downtown or slighter further from
campus.
RECOMMENDATION
The Plan Commission recommended approval of the zone change with a condition at its June 2,
2020 meeting. Please see the attached staff report and meeting minutes for more information.
Respectfully Submitted,
/ %�
Mark Lyons
Planning Services Manager
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://w .ci.oshkosh.wi.us
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ITEM: PUBLIC HEARING: ZONE CHANGE FROM INSTITUTIONAL WITH A
UNIVERSITY TRANSITION OVERLAY (I -UTO) TO URBAN MIXED-USE
WITH A UNIVERSITY TRANSITION OVERLAY (UMU-UTO) FOR
PROPERTY LOCATED AT 471 HIGH AVENUE
Plan Commission meeting of June 2, 2020
GENERAL INFORMATION
Applicant: Greg Kost, AcQuest Property Group
Property Owner: St. Peter's Congregation/Most Blessed Sacrament Parish
Actions Requested:
The applicant requests a zone change from the existing Institutional with University Transition
Overlay (I -UTO) District to Urban Mixed -Use with University Transition Overlay (UMU-UTO)
District for property located at 471 High 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 involves a portion of the Most Blessed
Sacrament Parish (formerly St. Peter's Church) property located along the south side of High
Avenue between Jackson Street and Dawes Streets. The area in particular is the northwesterly
portion of the property which contains the Newman Student House building at the intersection
of High Avenue and Dawes Street. The parish is in the works to divide the lot containing the
student housing from the remainder of the church parcel. The applicant, AcQuest Property
Group is proposing to purchase the student housing building and repurpose it to market rate
apartments. The building will have eight units; Two 1 -bedroom units, four 2 -bedroom units
and two 3 -bedroom units.
The surrounding area consists of mix of single, two-family and multi -family uses to the north
east and west and the parish site to the south. The 2040 Comprehensive Plan recommends
Center City land use for the subject property and the surrounding area.
Subject Site
Existing Land Use
Zoning
Former Student Housing Building
Institutional with University
Transition Overlay (I -UTO)
Adjacent Land Use and Zoning
Existing Uses
Zoning
2040 Land Use Recommendation
Center City
Urban Mixed -Use with University
North
.........................................................
Single and Two -Family Residential
...........................................................................................................................................................................................................................................................................................................
Transition Overlay(.UMU-UTO) ................
Urban Mixed -Use with Planned
Development and University
Transition Overlays (UMU-PD-
SouthMulti-Family
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Residential
UTO)
Institutional with University
EastChurch
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Transition Overlay (I -UTO)
Multi -Family Residential with
West
Single -Family Residential, Vacant Lot
University Transition Overlay
Comprehensive Plan
Comprehensive Plan Land Use Recommendation
Land Use
2040 Land Use Recommendation
Center City
ANALYSIS
The applicant's proposal to renovate the
student housing to market rate apartments is in
conflict with the underlying zone district. The
existing Institutional zoning district prohibits
multifamily residential uses which prompted
this zone change request. Staff analyzed the
surrounding zoning districts and considered
two options; recommend a rezone to Urban
Mixed -Use (UMU), similar to the apartments to
the south and across High Avenue or Multi -
Family Residential -36 (MR -36) like across
Dawes Street to the west. Both options allow
Figure I - Newman Student House
multi -family uses by -right, however, staff
determined the UMU District was more appropriate
as the entire frontage along Dawes Street would
have consistent zoning.
The University Transition Overlay (UTO) will carry
over with the rezone to Urban Mixed -Use. The
UTO Overlay allows slightly higher per-unit
residential densities near the UW Oshkosh campus.
The zone change request is one of three steps
required for the applicant's plan to repurpose the
building. The applicant has submitted a Certified
Survey Map (CSM) to divide the Newman Student
House from the remainder of the church property.
Item - Zone Change — 471 High Avenue
Figure 2 - Area Zone Districts
The CSM has been conditionally approved by
staff, pending approval of the third step which is approval of a setback variance from the Board of
Zoning Appeals. The dimensional separation between the Newman House and the Saint Peter's
Recreational Building to the southeast is not sufficient to meet base standards of the UMU District.
The applicant has submitted a variance request to reduce the required 25 -foot rear yard setback of
the Newman House building from the proposed lot line to 19.8 feet. The Board of Zoning Appeals
will consider the request (with a staff recommendation for approval) at its June 10th meeting.
Staff is supportive of this zone change request. It will enable the reuse of a well-maintained
building that is currently underutilized. The proposed renovation will also provide another
housing option for people seeking to live closer to the downtown or slighter further from campus.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the zone change from Institutional with University Transition
Overlay (I -UTO) District to Urban Mixed -Use with University Transition Overlay (UMU-UTO)
District for property located at 471 High Avenue as proposed with the following condition:
1. The Board of Zoning Appeals approval of the reduced setback request resulting from
the proposed land division/Certified Survey Map.
The Plan Commission approved of the zone change with a condition. The following is the Plan
Commission's discussion on this item.
Site Inspections Report: Ms. Davey and Ms. Propp reported visiting the site.
Staff report accepted as part of the record.
The applicant requests a zone change from the existing Institutional with University Transition
Overlay (I -UTO) District to Urban Mixed -Use with University Transition Overlay (UMU-UTO)
District for property located at 471 High Avenue.
Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. The applicant's proposal to renovate the student housing
to market rate apartments is in conflict with the underlying zone district. The existing
Institutional zoning district prohibits multifamily residential uses which prompted this zone
change request. Staff analyzed the surrounding zoning districts and considered two options;
recommend a rezone to Urban Mixed -Use (UMU), similar to the apartments to the south and
across High Avenue or Multi -Family Residential -36 (MR -36) like across Dawes Street to the
west. Both options allow multi -family uses by -right, however, staff determined the UMU
District was more appropriate as the entire frontage along Dawes Street would have consistent
zoning. The University Transition Overlay (UTO) will carry over with the rezone to Urban
Mixed -Use. The UTO Overlay allows slightly higher per-unit residential densities near the UW
Oshkosh campus. Staff is supportive of this zone change request. It will enable the reuse of a
well-maintained building that is currently underutilized. The proposed renovation will also
provide another housing option for people seeking to live closer to the downtown or slighter
further from campus. He said staff recommends approval of the zone change from Institutional
Item - Zone Change — 471 High Avenue
with University Transition Overlay (I -UTO) District to Urban Mixed -Use with University
Transition Overlay (UMU-UTO) District for property located at 471 High Avenue with a
condition as stated in the staff report.
Ms. Propp opened technical questions to staff.
Mr. Ford asked if this property was located in the Downtown Parking Overlay District.
Mr. Lyons confirmed it was.
Mr. Nau pulled up the Certified Survey Map on the screen. He explained the parking lot will
remain on the churche's property but there is an easement in place which will allow the
residents to park in that area.
Mr. Lyons added the Downtown Parking Overlay did not exempt residential uses. He said
evidence of parking still needs to be shown within 1,000 feet.
Mr. Mitchell asked if this was the type of request where the city negotiates with the applicant on
certain requirements.
Mr. Lyons explained this is a straight zone change and the city would not have a tradeoff as
typically seen with Planned Developments.
Mr. Mitchell asked if this would be a good time to inspect the property to make sure it is up to
code and safe.
Mr. Nau said he believes this is a change of use and it would have to go through Inspections.
Mr. Lyons said a change of use will have to be applied for through Inspections but he is not sure
if there are going to be any physical changes to the building.
Mr. Ford asked if Inspections will be walking through the building.
Mr. Lyons said he does not know what the specific requirements are from the Inspections
Division.
Ms. Propp opened up the public hearing and asked if the applicant wanted to make any
statements.
Greg Kost (applicant), 21500 W. Greenfield Avenue of New Berlin, said he is with AcQuest
Property Group. He said he is available to answer any questions.
Mr. Lyons asked if there would be any interior changes to the building.
Mr. Kost replied there are no changes planned.
Item - Zone Change — 471 High Avenue
Ms. Propp asked if the interior was going to be divided into the apartments.
Mr. Kost replied the building is already divided. He explained the use is not really changing.
He said given the area it would still be student housing but they do not exclude nonstudent
residents. He explained the building was formerly used by the Parish as housing for families.
He reiterated there will be no interiors changes. He said there was a question earlier related to
inspections. He explained there is a usual inspection from Fire Department as well as an annual
inspection from the private sector. He said the report from the private sector inspection gets
submitted to the Fire Department but he was not sure what other inspections the city requires.
Mr. Perry stated the city is grossly deficient in low income and handicap accessible housing. He
said it is a concern to him because this issue has not been addressed. He suggested requiring a
certain percentage of multi -family units to be low income or handicap accessible. He said this
will not happen unless the city forces it to happen.
Mr. Mitchell referenced the addendums to Fair Housing and said accessibility needs are the
greatest barrier in the city. He said the CDBG program has funds to help offset the cost of
creating accessible units which would help alleviate some of the financial burden on the owner.
Ms. Propp asked Mr. Kost if there were any accommodations for disability in these units.
Mr. Kost explained the building was renovated in the early 1990's and was not sure what
standards were in place for accommodations.
Ms. Davey asked if Mr. Kost has been in the building.
Mr. Kost replied he has been in the building.
Mr. Coulibaly asked if there would be sufficient parking on a Sunday.
Mr. Kost explained four parking spots are reserved for the residents. He said the rest of the
parking lot is reserved for staff and maintenance personnel of the Parish. He said they are
working on an easement with the Parish. He explained most visitor parking takes place on the
eastern end where the main building is located.
There were no other public comments on this item.
Ms. Propp closed the public hearing and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Hinz to adopt the findings and recommendation as stated in the staff report.
Condition:
Item - Zone Change — 471 High Avenue
The Board of Zoning Appeals approval of the reduced setback request resulting from the
proposed land division/Certified Survey Map.
Seconded by Coulibaly.
Ms. Propp asked if there was any discussion on the motion.
Mr. Perry asked if this was the last time this item will come before this board.
Mr. Lyons confirmed it would be and said it was a straight zone change.
Ms. Propp stated she understands the concern for low income and handicap accessible units but
said Plan Commission can't force applicants to do this. She said she is not sure if there is a way
Plan Commission can force this.
Mr. Lyons explained staff has done some research and it would have to be a Council decision to
make that type of change. He said it would be out of the Plan Commission purview because it
is outside of the land use scope.
Mr. Ford said he would bring up this concern at the next Council meeting.
Mr. Mitchell asked if Plan Commission would be involved in the safety aspect of the building.
Mr. Lyons answered it would not be something Plan Commission from a land use standpoint be
involved in. He said the Inspections Division and the Fire Department would be involved.
Mr. Mitchell asked if that information was relevant to making an informed decision on this
item.
Mr. Lyons explained if there are deficiencies, the applicant would be required to correct them
prior to occupancy being allowed.
Mr. Mitchell inquired if this change requires the applicant to not have occupancy for a period of
time.
Mr. Lyons said the applicant will have to work with the Inspections Division on applying for an
occupancy permit.
Ms. Davey asked for confirmation that the Inspections Division will inspect the building
because of the change of use.
Mr. Lyons replied the applicant will have to file for a change of use through the Inspections
Division but he was not sure what the exact process is for inspection afterwards.
Ms. Davey said she assumes this is an area where they are doing the mandatory inspections
every five years.
Item - Zone Change — 471 High Avenue
Mr. Lyons said he was not sure if this was on the rental registry or not but that program is city
wide.
Mr. Hinz asked if this falls within the University Overlay District.
Mr. Lyons confirmed it was within the University Transition Overlay District.
Mr. Hinz commended the owner on addressing the housing problems around the University.
He said this will provide some good housing for students. He said this was a religious building
and now it will come onto the tax roll because it is privately owned. He stated it is a win-win as
far as what Plan Commission looks for in this particular area.
Motion carried 9-0.
Item - Zone Change — 471 High Avenue
Zoning Map Amendirnent (Rezoning)
Oshkosh
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SUBMIT TO:
City of Osh,kosh Applicafion Dept. of Community Development
Zoning Map Amendment (R 215 Church Ave, P,0 Box 1130
(Rezoning) Oshkosh, Wisconsin 54903-1 1 30
Oshkosh PHONE (920) 236-5059
"PLEASE TYPE OR PRINT USING BLACK INK**
APPLICANT INFORMATION
Petitioner's Address: W, G-RrIAIFI& 0 AK cit, Pf ta—WN-f—y State: WT- zip:
Telephone #: (;?12139 1—(050 Email: 41'
OPhone XEmail
Status of Petitioner (Please Check): 7 Owner Representative Ten,,Itl
Petitioner's S!9nafuPF,-,. (required): Date:
OWNER INFORMATION
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Owner(s): z4h,".1, 7
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Owner(s) Ac1c1ress:._--Z-11L-L- J1 �,City�-
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Telephone #: (1-10) (944(020S' Email: Contact preference: 11 Phone 17*71 Email
9M011'riii
Ownership Status (Please Check) : - Individual Trust Partnership 2Corporation
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City officials and/or employees may, in the perforrnance 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 Pla nning Services Division for incomplete submissions or other administrative reasons.
Property Owner's Signature:
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ZONING AND DEVELOPMENT INFORMATION
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Sign_ Staff _ Date Rec'd
Zoning
Map
AcQuest Property Group LLC and Most Blessed Sacusn/emtParish are seeking toamend the zoning of471
High Avenue to coincide with the planned subdi.vi;ion of the Most Blessed Sacrament Parish parcel into
two lots. Lot 1ofthe proposed CSM will contain O-34acres with astreet address of471High Avenue
("47I"). The existing building at 471 was originally built as a convent and then converted, during a
renovation inthe l99O'a,into aDapartment building, This existing building and use at 471 are to remain
inplace following the planned sale ofthe property, The balance ofthe property will remain with MBS
and continue tobeused asacatholic parish asithsssince the 18OO"s. Tmmeet the requirement ofthis
planned land division and the property moving fron"i a nonprofit religious organization to that of a third
party apartment owner, the underlying zoning of 471 needs to be changed. When City Staff evaluated
the existing and surrounding zoning classifications -along with assessing the existing circumstances of the
innpn}vgrnenis on 471 and the remaining MBS property, it was determined that changing the zoning
from |UTO10 UMU'UT]xxou|d be the most logical and appropriate zoning classification.
471 High Avenue
CERTrFrED SURVEY MAP NO, 1 0/ 4
ALL OF LOTS I AND 2 AND PART OF LOT 5, BLOCK H, WESTERN
ADDITION, BEING PART OF THE SOUTHEAST 1/4 OF THE NORTHEAST
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WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN.
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6020 LEONARD POINT RD.OSHKOSY, IN 54904 1
SCALE I"=50' :ql:WtiWH i'li!"
REZONE 464 HIGH AVENUE/304 DAWES
471 HIGH AVE STREET LLC
PC: 06-02-20 601 OREGON ST STE B
OSHKOSH WI 54902
RANE INVESTMENTS LLC
230 OHIO ST STE 200
OSHKOSH WI 54902
ROBERT J ALBRIGHT ETAL
88 STEAMBOAT CT
WINNECONNE WI 54986
LRN LLC
45 W 6TH AVE
OSHKOSH WI 54902
SALVATION ARMY
11315 W WATERTOWN PLANK RD
MILWAUKEE WI 53226
WINNEBAGO COUNTY MBS / ST PETERS CONG ACQUEST PROPERTY GROUP LLC
PO BOX 2808 435 HIGH AVE 21500 W GREENFIELD AVE
OSHKOSH WI 54903 OSHKOSH WI 54901 NEW BERLIN WI 53146
PMk PI ain :p nimii„i,n7 :'it,,^ I I l im 1Mq l mpl rlaw,iwd � l wr 1111110
PMk PI ain :p nimii„i,n7 :'it,,^ I I l im 1Mq l mpl rlaw,iwd � l wr 1111110