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Home My WebLink About21. 20-483DECEMBER 8, 2020 20-483 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM CENTRAL MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (CMU- PD) TO CENTRAL MIXED USE DISTRICT (CMU) AT 500 N. MAIN STREET INITIATED BY: WAGNER OPERA HOUSE LLC 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 500 N. Main Street from Central Mixed Use District with a Planned Development Overlay (CMU-PD) to Central Mixed Use District (CMU). PARCEL NO.0401080000 - 500 N. MAIN STREET ALL OF LOTS 1, 2, 15, AND 16 PLUS THE SOUTH 20 FEET OF LOTS 3 AND 14, ALL LOCATED IN BLOCK 1 OF MERRITT'S ADDITION, PLUS PUBLIC RIGHT-OF-WAY ADJACENT TO SAID LOT EXTENDING TO THE CENTERLINES OF N. MAIN STREET, MERRITT AVENUE AND JEFFERSON STREET, ALL LOCATED IN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, 4TH 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. DECEMBER 8, 2020 20-483 ORDINANCE FIRST READING CONT'D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #20-xxx APPROVE ZONE CHANGE FROM CENTRAL MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (CMU-PD) TO CENTRAL MIXED USE DISTRICT (CMU) AT 500 N. MAIN STREET on December 8, 2020. This ordinance changes the zoning at 500 N. Main Street from Central Mixed Use District with a Planned Development Overlay (CMU-PD) to Central Mixed Use District (CMU). 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. ., , t S Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Services Manager DATE: November 30, 2020 RE: Approve Zone Change from Central Mixed Use District with a Planned Development Overlay (CMU-PD) to Central Mixed Use District (CMU) at 500 502 North Main Street BACKGROUND The subject site consists of one 0.77 acre parcel located at the northeast corner of N. Main Street and Merritt Avenue. The property consists of a mixed commercial/residential building and associated parking lot. The surrounding area consists primarily of mixed commercial and residential uses. ANALYSIS The applicant is requesting a zone change to remove the Planned Development Overlay from the existing Central Mixed Use district with Planned Development Overlay (CMU-PD) zoning designation. The site was previously zoned Central Mixed Use and was rezoned in June 2020 to include a Planned Development Overlay to accommodate a specific signage request. The signage has now been removed and the site no longer includes any unique circumstances to necessitate a Planned Development overlay. RECOMMENDATION The Plan Commission recommended approval of the zone change as requested at its December 1, 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.u5 ITEM: PUBLIC HEARING: ZONE CHANGE FROM CENTRAL MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (CMU-PD) TO CENTRAL MIXED USE DISTRICT (CMU) AT 500 502 N. MAIN STREET Plan Commission meeting of December 1, 2020. GENERAL INFORMATION Applicant: City of Oshkosh: Department of Community Development Owner: Wagner Opera House LLC - Kris Larson Action(s) Requested: The applicant requests a zone change from the existing Central Mixed Use District with a Planned Development Overlay (CMU-PD) to Central Mixed Use District (CMU). 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 Background Information: The subject site consists of one 0.77 acre parcel located at the northeast corner of N. Main Street and Merritt Avenue. The property consists of a mixed commercial/residential building and associated parking lot. The surrounding area consists primarily of mixed commercial, and residential uses. Subiect Site Existing Land Use Zoning Mixed CMU Adjacent Land Use and Zoning Existing Uses Zoning North .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Mixed CMU South .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Mixed CMU & I East Commercial CMU West Mixed CMU Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Center City ANALYSIS The applicant is requesting a zone change to remove the Planned Development Overlay from the existing Central Mixed Use district with Planned Development Overlay (CMU-PD) zoning designation. The site was previously zoned Central Mixed Use and was rezoned in June 2020 to include a Planned Development Overlay to accommodate a specific signage request. The signage has now been removed and the site no longer includes any unique circumstances to necessitate a Planned Development overlay. Therefore, staff is requesting to remove the Planned Development overlay. FINDINGS/RECOMMENDATION/CONDITIONS Staff recommends approval of the zone change from Central Mixed Use District with Planned Development Overlay (CMU-PD) District to Central Mixed Use (CMU) District for property located at 500 502 N. Main Street. The Plan Commission approved of the zone change as requested. The following is the Plan Commission's discussion on this item. Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Central Mixed Use District with a Planned Development Overlay (CMU-PD) to Central Mixed Use District (CMU). Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The site was previously zoned Central Mixed Use and was rezoned in June 2020 to include a Planned Development Overlay to accommodate a specific signage request. The signage has now been removed and the site no longer includes any unique circumstances to necessitate a Planned Development overlay. He said staff recommends approval of the zone change from Central Mixed Use District with Planned Development Overlay (CMU-PD) District to Central Mixed Use (CMU) District for property located at 500 502 N. Main Street. Ms. Propp opened technical questions to staff. Mr. Ford asked for confirmation that the petition was brought by the City so that the applicant was not charged a fee. Mr. Lyons replied affirmatively, adding that the City is the petitioner for this based on the feedback received from Council and Plan Commission to remove the PD once the sign was taken down. ITEM III. Rezone & GDP/SIP 500 502 N. Main St Ms. Propp opened up the public hearing and asked if the applicant wanted to make any statements. There were no statements from the applicant. There were no 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 Coulibaly to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 7-0. ITEM III: Rezone & GDP/SIP 500 502 N. Main St SUB Dept. TO: CACity of Oshkosh Application Dept. ofCommunity Development 215 Church Ave., P.O. Box 1 130 City Oshkosh, Oshkosh, Wisconsin 54903-1130 f Zoning Map Amendment (Rezoning ) Oshkosh PHONE: (924) 36 5059 "PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT IN FORMATION Petitioner: * Y a,r� �}' �a l� �"�� Dote: Feti;;oner's Address: City; 11x sl�ate: lz_ Zip. t Telephone #: �"N�) Email: / Contact preference: XP hone 0 Email v,T�cRa�t Status of Petitioner (Please Check): ne presentative ❑Tenant �DProspe�cfiveBu�yer Petitioner's Signature (require Date: QWNER INFORMATION Owner(sl: Date. Owner(s) Address: Telephone #: 1 Email: City: State: Zip: Contact preference: ❑ Phone ❑ Email Ownership Status (Please Check): '7 Individual E Trust LIParinership l-I!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 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 Plannlnr s Msion to ' rnissFons or o }per administrative reasons. Property Owner's Sign _ _ _ _ Date: __7j� Address/Location of Rezoning Request: �)z N- m!61� Tax Parcel Number(s): Rezone property from: _ --- �� _...._ to S6n [9 — l ® . Purpose for Rezoning: A,.-aa.r C Describe existing property development and land use: Describe proposed development and/or proposed land use: Proposed time schedule for development and/or use of the property: Zoning Adjacent to the Site: North: South: East; West: Sign. . Staff. Date Rec'd REZONE 3710 LISBON LLC ALEE CHASE INVESTMENTS LLC 500 N MAIN ST 530 WINDSTONE DR UNIT 204 515 N MAIN ST #A PC: 12-01-20 HARTLAND WI 53029 OSHKOSH WI 54901 BENT BLOCK OSHKOSH LLC 300 N MAIN ST STE 300 OSHKOSH WI 54901 HMP REAL ESTATE LLC 102 MERRITT AVE OSHKOSH WI 54901 OLH LLC 230 OHIO ST STE 200 OSHKOSH WI 54902 SPARR INVESTMENTS 103 HIGH AVE OSHKOSH WI 54901 WAGNER OPERA HOUSE LLC ATTN: KRIS LARSON 502 N MAIN ST OSHKOSH WI 54901 CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54903 JAMES H LANG PROPERTIES INC 615 S MAIN ST OSHKOSH WI 54902 RAULF PLACE REDEVELOPMENT LLC PO BOX 397 OSHKOSH WI 54903 STAPEL PROPERTIES I LLC 427 N MAIN ST OSHKOSH WI 54901 FOX RIVER DEVELOPMENT CO LLC 404 N MAIN ST STE 104 OSHKOSH WI 54901 MARILYN J BACKUS 1529 W 6TH AVE OSHKOSH WI 54902 SARAH A HETTENHAUS 520 JEFFERSON ST OSHKOSH WI 54901 WAGNER OPERA HOUSE LLC 1 CITY CENTER OSHKOSH WI 54901 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/GlSdisclai mer N 1 in=0.02mi 1in=120ft Printing Date: 6/3/2020 Prepared by: City of Oshkosh, WI 1eq Oshkosh mm1 e SUBJECT SITE WR"ME lootliMill Al — UM AAb lii IIb+ � x 8 + � I lots tp a u i Gil - ti, Aw 0- oil !t - i G to J J \J JI)JA :J J N �\J 1 in = 0.02 mi A 1 in=80ft 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: 6/3/2020 information are responsible for verifying accuracy. For full disclaimer please go toC www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI Oshkosh C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak