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Home My WebLink About34. 21-162MARCH 9, 2021 MARCH 23, 2021 21-129 21-162 ORDINANCE FIRST READING SECOND READING PURPOSE: APPROVE ZONE CHANGE FROM URBAN MIXED USE DISTRICT WITH A UNIVERSITY TRANSITION OVERLAY (UMU-UTO) TO INSTITUTIONAL DISTRICT WITH A UNIVERSITY TRANSITION OVERLAY (I-UTO) FOR PARCELS WEST OF 417 ALGOMA BOULEVARD INITIATED BY: THE SALVATION ARMY PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 387 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 30-387 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 parcels west of 417 Algoma Boulevard from Urban Mixed Use District with a University Transition Overlay (UMU-UTO) to Institutional District with a University Transitional Overlay (I-UTO). BEING ALL OF LOTS 3, 4, 5, 6, 15, 16, 17 AND 18 OF EDWARD’S REPLAT OF BLOCK I AS RECORDED JUNE 24, 1875 IN VOLUME 3, PAGE 33A, WINNEBAGO COUNTY REGISTER OF DEEDS AND ½ OF ADJACENT RIGHTS-OF WAY OF HIGH AVENUE AND ALGOMA BOULEVARD, ALL LOCATED IN THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, 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 (CARRIED__7-0___LOST________LAID OVER________WITHDRAWN________) MARCH 9, 2021 MARCH 23, 2021 21-129 21-162 ORDINANCE FIRST READING SECOND READING enacted Ordinance #21-162 APPROVE ZONE CHANGE FROM URBAN MIXED USE DISTRICT WITH A UNIVERSITY TRANSITION OVERLAY (UMU-UTO) TO INSTITUTIONAL DISTRICT WITH A UNIVERSITY TRANSITION OVERLAY (I-UTO) FOR PARCELS WEST OF 417 ALGOMA BOULEVARD on March 23, 2021. This ordinance changes the zoning of the described parcels west of 417 Algoma Boulevard from Urban Mixed Use District with a University Transition Overlay (UMU-UTO) to Institutional District with a University Transitional Overlay (I-UTO). 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 Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: March 4, 2021 RE: Approve Zone Change from Urban Mixed Use District with a University Transition Overlay (UMU-UTO) to Institutional District with a University Transition Overlay (I-UTO) for Parcels West of 417 Algoma Boulevard BACKGROUND The subject site consists of four vacant parcels immediately west of 417 Algoma Boulevard totaling approximately 0.78 acres located between Dawes St. and Jackson Street with frontage on Algoma Boulevard and High Avenue. The eastern two lots are currently used for parking for the Salvation Army site. The surrounding area consists primarily of commercial and institutional uses, along with residential uses to the west. ANALYSIS The applicant requests a zone change for the four subject parcels to I-UTO to provide consistent zoning with 417 Algoma Boulevard (Salvation Army). The rezone is needed so that the subject parcels can be combined with 417 Algoma Boulevard into one parcel. The subject parcels are all under common ownership (Salvation Army), along with 417 Algoma Boulevard. The lot combination can be executed administratively. Once the lots have been combined, the applicant intends to construct a building addition and reconstruct the parking area to the west of the Salvation Army building. RECOMMENDATION The Plan Commission recommended approval of the zone change as requested at its March 2, 2021 meeting. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager ITEM: PUBLIC HEARING: ZONE CHANGE FROM URBAN MIXED USE DISTRICT WITH A UNIVERSITY TRANSITION OVERLAY (UMU-UTO) TO INSTITUTIONAL DISTRICT WITH A UNIVERSITY TRANSITION OVERLAY (I-UTO) FOR PARCELS WEST OF 417 ALGOMA BOULEVARD Plan Commission meeting of March 2, 2021. GENERAL INFORMATION Applicant: Josepth Luehring – Bray Associate Architects Owner: The Salvation Army Action(s) Requested: The applicant requests a zone change from the existing Urban Mixed Use District with a University Transition Overlay (UMU-UTO) to Institutional District with a University Transitional Overlay (I-UTO). 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 four vacant parcels immediately west of 417 Algoma Boulevard totaling approximately 0.78 acres located between Dawes St. and Jackson Street with frontage on Algoma Boulevard and High Avenue. The eastern two lots are currently used for parking for the Salvation Army site. The surrounding area consists primarily of commercial and institutional uses, along with residential uses to the west. Subject Site Existing Land Use Zoning Vacant land & parking lot UMU-UTO Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning Existing Uses Zoning North Institutional I-UTO South Institutional I-UTO East Institutional I-UTO West Residential & Institutional UMU-UTO & I-UTO ITEM I: Rezone West of 417 Algoma Boulevard. 2 Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Center City ANALYSIS The applicant is requesting a zone change for the four subject parcels to I-UTO to provide consistent zoning with 417 Algoma Boulevard (Salvation Army). The rezone is needed so that the subject parcels can be combined with 417 Algoma Boulevard into one parcel. The subject parcels are all under common ownership (Salvation Army), along with 417 Algoma Boulevard. The lot combination can be executed administratively. Once the lots have been combined, the applicant intends to reconstruct the parking area to the west of the Salvation Army building. Zoning map of the subject area. Preliminary site plan for parking lot reconstruction. Staff is supportive of the zone change as it is necessary to allow for the proposed Salvation Army parking reconstruction/expansion. The I-UTO zoning will be consistent with current I- UTO zoning of properties that surround the site. The proposed I-UTO zoning is consistent with the Center City 2040 Comprehensive Land Use Recommendation for the area. FINDINGS/RECOMMENDATION/CONDITIONS ITEM I: Rezone West of 417 Algoma Boulevard. 4 Staff recommends approval of the zone change from Urban Mixed Use District with a University Transition Overlay (UMU-UTO) to Institutional District with a University Transitional Overlay (I-UTO) for parcels west of 417 Algoma Boulevard. 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, Ms. Davey, and Mr. Hinz reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Urban Mixed Use District with a University Transition Overlay (UMU-UTO) to Institutional District with a University Transitional Overlay (I-UTO). 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 rezone is needed so that the subject parcels can be combined with 417 Algoma Boulevard into one parcel. The subject parcels are all under common ownership (Salvation Army), along with 417 Algoma Boulevard. The lot combination can be executed administratively. Once the lots have been combined, the applicant intends to reconstruct the parking area to the west of the Salvation Army building. Staff recommends approval of the zone change from Urban Mixed Use District with a University Transition Overlay (UMU-UTO) to Institutional District with a University Transitional Overlay (I-UTO) for parcels west of 417 Algoma Boulevard. Ms. Propp opened up technical questions to staff. There were no technical questions on this item. Ms. Propp asked for any public comments and asked if the applicant wanted to make any statements. Mr. Joseph Luehring from Bray Architects stated that there’s the current parcel with the institutional zoning and the four adjacent parcels that they’ll be combining with their existing parcel with an addition of a parking lot to the west. They’re applying to have all of the zoning match their existing building which will allow them to do the addition as shown in the plans that were submitted. Ms. Propp asked if the building will remain the same. She had heard that the Salvation Army wanted to build a larger building on this land. She asked what happened to that idea. Mr. Luehring replied that there were early plans to demolish the existing building and build all new construction, but that wasn’t within their budget. They are going to maintain the existing building, but do a significant renovation. The addition, which will be equal in size, will have a new multi-purpose room and a chapel. ITEM I: Rezone West of 417 Algoma Boulevard. 5 Ms. Propp asked for confirmation that Plan Commission is only voting on the rezone. Mr. Lyons replied affirmatively. There were no public comments on this item. Ms. Propp closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Mitchell to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Ms. Propp asked if there was any discussion on the motion. Mr. Mitchell asked if this status impacts any of the neighboring or adjoining parcels. Mr. Lyons replied that it does not. There is institutional UTO to the west and south, so this should not have any issues on the adjoining properties. Ms. Propp asked if Plan Commission will be seeing the building plans as they proceed forward. Mr. Lyons replied that Plan Commission will not as long as they are fully code compliant. Their intent is to meet all design standards of the institutional zoning district and build as a by right permitted use. Motion carried 9-0. 2 SUBMITTAL REQUIREMENTS – Must accompany the application to be complete. (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy)  Map of the immediate area showing property involved. Area to be rezoned must be outlined in color  A site plan drawn to readable scale showing present status of property and proposed development  Street address, adjacent streets, intersections and any other information or landma rks to help identify the property  Location of existing uses, structures, fences and signs and location of proposed uses, structures, fences and signs  A narrative statement explaining the zone change and discussion of the project  Application fees are due at time of submittal. Make check payable to City of Oshkosh.  Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE SUMMARY OF PROCESS The City of Oshkosh Plan Commission and Common Council act on all amendments to the Official Zoning Map. The petitioner or owner should be present at both the Plan Commission and Common Council meetings to discuss and answer questions regarding the request. The application package is reviewed by Planning Services staff to determine conformance with adopted city plans, zoning requirements and development standards. A staff recommendation is prepared for consideration by the Plan Commission and Common Council. The petitioner will be provided with a copy of the staff report and meeting notice several days prior to the Plan Commission meeting. The staff report and meeting notice will also be available on the City’s website. No notice is sent to the petitioner or owner regarding the Common Council’s consideration of the request. Petitioners and owners are encouraged to contact Planning Services staff to find out when the request will be sent to the Common Council for review. Neighborhood opinion is an important factor in the decision-making process. If the proposed development is expected to have significant impact on other properties, the petitioner may be required to conduct a neighborhood meeting to solicit public input prior to action by the Plan Commission and City Council. Planning Services staff is available to offer assistance in compiling a mail ing list for the neighborhood meeting. If deemed appropriate, notification by mail informing the property owners within 100 feet of the subject property of the proposal may substitute for the public meeting. Please note that a meeting notice will be mailed to all abutting property owners regarding your request. Within 90 days of filing a complete application, Plan Commission shall hold a public hearing to consider the request. Within 60 days of the public hearing, the Plan Commission may make a written re port to the Common Council with recommendations regarding the proposal. The Plan Commission’s report is advisory only. The Common Council will make the final decision regarding all zone change requests. The Plan Commission may lay over requests to subsequent meetings if incomplete information is provided or additional questions or concerns are raised at the meeting. After the Plan Commission makes its recommendation, the request will be forwarded to the Common Council for consideration. This generally occurs three weeks after the Plan Commission meeting depending on the date the Council meeting is scheduled (the Council meets on the 2 nd and 4th Tuesday of every month) and on the availability of a legal description for the zone change. Wisconsin State Statutes require a zone change to be published as Class II notice in the local newspaper, the City takes care of this publication requirement prior to the Council meeting. The Common Council may approve the Official Zoning Map amendment as originally p roposed, may approve the proposed amendment with modifications, or may deny approval of the proposed amendment. If the Official Zoning Map amendment is approved, the Ordinance is published in the newspaper on the following Saturday and will be effective on Sunday. City administrative offices are notified of the effective date of the Ordinance and will make changes to the Official Zoning Map accordingly. For more information please visit the City’s website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm X X X X X bray architects // davenport  milwaukee  moline  sheboygan City of Oshkosh Application: Zoning Map Amendment Project Name Project Address 1 Salvation Army Oshkosh 417 Algoma Boulevard Project Address 2 Oshkosh, WI 54901 Applicant Information PETITIONER: Joseph Luehring | Project Specialist Bray Associate Architects 829 S 1st Street Milwaukee, Wisconsin 53204 Via e-mail at: jluehring@brayarch.com Provide Copy to: Douglas Skinner, dskinner@brayarch.com OWNER: Tracy Habermehl | Divisional Property Administrator The Salvation Army | Divisional Headquarters 11315 W Watertown Plank Road Wauwatosa, Wisconsin 53226 Project Information ADDRESS / LOCATION OF REZONING REQUEST: Salvation Army Oshkosh | 417 Algoma Blvd & four adjacent parcels on Algoma Blvd & High Ave APPLICATION NARRATIVE: The Oshkosh Salvation Army looks to expand its current facility with the combination and addition of four adjacent parcels on Algoma Boulevard and High Ave. The current land use is permitted with existing Institutional Zoning (and University Transition Overlay.) The intention of this application is to re-zone, combine and annex the additional parcels to the 417 Algoma Boulevard address. ATTACHMENTS: Application; Parcel Map; Plat of Survey with Topography; Preliminary Civil and Landscape Plans Sincerely, Joseph Luehring Project Specialist Winnebago County, Quantum Spatial, Inc., City of Oshkosh City of Oshkosh Parcel MapCity of Oshkosh Parcel Map The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map(s)/datasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided “AS-IS” without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. Any flood information shown on this map DOES NOT represent the official adopted FEMA 1 in = 188 ft 1 in = 0.04 mi¯ Prepared by: City of Oshkosh, WI Printing Date: 1/25/2021 CURRENT PARCEL WITH EXISTING BUILDING PROPOSED PARCELS FOR COMBINATION AND REZONING 44 3 41 7 0 0 40 9 0 0 45 6 46 4 30630845 6 A AL GO M A B L VD HI G H A VEDAWES ST REZONE 417 ALGOMA BLVD PC: 3/2/2021 SANDYS OF OSHKOSH INC 2100 S KOELLER ST OSHKOSH WI 54902 ST PETERS CONG 449 HIGH AVE OSHKOSH WI 54901 THE SALVATION ARMY PO BOX 233 OSHKOSH WI 54903 WINNEBAGO COUNTY COURTHOUSE PO BOX 2808 OSHKOSH WI 54903 SALVATION ARMY ATTN: TRACY HABERMEHL 11315 W WATERTOWN PLANK RD MILWAUKEE WI 53226 BRAY ASSOCIATE ARCHITECTS ATTN: JOSEPH LUEHRING 829 S 1ST ST MILWAUKEE WI 53204 HIGH AV HIGH AV JACKSON STJACKSON STALGOMA BLVD ALGOMA BLVD DAWES STDAWES STPPEEAARRLLAAVV CHURCH AV CHURCH AV C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak Prepared by: City of Oshkosh, WI Printing Date: 2/16/2021 1 in = 120 ft 1 in = 0.02 mi¯417 ALGOMA BLVD417 ALGOMA BLVD City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer I TR-10-PD UMU-PD UMU I-PD I-UTO I-PD-UTO I-PD I CMU CMU-RFO UMU MR-36-UTO RMU-PD-RFO CMU UMU-PD-UTO I UI-RFO MR-36 CMU UMU-UTO I-PD UMU I-PD I-PD TR-10PDUTO I-PD UMU-PD UMU I-PD-RFO UMU-UTO CMU-PD UMU I-PD UMU-PD-UTO CMU UMU-UTO MULTIPLE RMU-PD-RFO TR-10PDUTO TR-10PDUTO TR-10PDUTO I-PD I-RFO HIGH AV HIGH AV JACKSON STJACKSON STALGOMA BLVD ALGOMA BLVD W IRVING AVW IRVING AV WWIISSCCOONNSSIINNSSTTPPEEAARRLLAAVV DDIIVVIISSIIOONNSSTTCHURCH AV CHURCH AV MMAARRIIOONNRRDD IDA AVIDA AV DAWES STDAWES STAMHE RS T AVAMHERST AV FRANKLIN STFRANKLIN STCENTRAL STCENTRAL STFREDERICK STFREDERICK STW PARK WAY AVW PARK WAY AV CAMPUS PL CAMPUS PL UNIO N AVUNION AV MARKET STMARKET STOSCEOLA STOSCEOLA STCOMMERCE STCOMMERCE STCITY CENTER CITY CENTER C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak Prepared by: City of Oshkosh, WI Printing Date: 2/16/2021 1 in = 400 ft 1 in = 0.08 mi¯417 ALGOMA BLVD417 ALGOMA BLVD City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak Prepared by: City of Oshkosh, WI Printing Date: 2/16/2021 1 in = 100 ft 1 in = 0.02 mi¯417 ALGOMA BLVD417 ALGOMA BLVD City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer