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Home My WebLink AboutItem IV PLAN COMMISSION STAFF REPORT AUGUST 1, 2023 ITEM IV: PUBLIC HEARING: ZONE CHANGE FROM RIVERFRONT MIXED USE DISTRICT (RMU) TO RIVERFRONT MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (RMU-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN & SPECIFIC IMPLEMENTATION PLAN FOR PROPERTY LOCATED AT 1000 BAUMAN STREET GENERAL INFORMATION Owner/Applicant: Chris Amos Action(s) Requested: The applicant requests a zone change from the existing Riverfront Mixed Use District (RMU) to Riverfront Mixed Use District with a Planned Development Overlay (RMU-PD). The applicant also requests approval of General Development Plan and Specific Implementation Plan for a water-related recreation (marina) use at 1000 Bauman Street. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Background Information: The subject site is a 1.54-acre property located on the east side of Bauman Street, north of Tyler Avenue and is zoned Riverfront Mixed Use District (RMU). The site has historically been used as a private marina and is surrounded by residential uses and the Fox River to the east. The 2040 Comprehensive Land Use Plan recommends Light Density Residential use for the subject site. Subject Site Existing Land Use Zoning Marina RMU Recognized Neighborhood Organizations Marina District Adjacent Land Use and Zoning Existing Uses Zoning North Vacant RMU South Public right-of-way RMU East Fox River West Residential SR-9 Page 1 ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 2 Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Light Density Residential ANALYSIS Zone Change The applicant is requesting a zone change to add a Planned Development Overlay for the subject property. This request is intended to provide some flexibility to the zoning ordinance to accommodate site modifications. The applicant has submitted plans for a commercial marina use, which will be addressed as General Development Plan (GDP) and Specific Implementation Plan (SIP) review to follow. Staff is supportive of the proposed rezone as it will provide opportunity for enhancements to the site and will also allow for further review to mitigate potential impacts on neighboring residential properties. Use The applicant is proposing to utilize the site as a commercial marina. The applicant intends to use the marina for rental of boats, boat slips, and kayaks. Plans also include a 6’ wide boardwalk/fishing pier that will run along the river and has been approved by the Wisconsin DNR. They also plan to move an existing 10’ X 20’ shed to the east side of the marina (point between marina and river) to be utilized as a gift shop for sale of a small selection of beverages and summer supplies. Rezone to RMU-PD Page 2 ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 3 A neighborhood meeting was held on June 19, 2023. Neighbors in attendance voiced concerns primarily related to traffic/parking in the neighborhood as a result of the public marina use, with some neighbors requesting “no parking” signs along Bauman Street. Concerns were also raised about beer sales, transient customers on boats, and additional users of the open space on site. Site plan The commercial marina use is considered “water-related recreation” under the zoning ordinance, which is a conditional use in the Riverfront Mixed Use district (RMU). Water-related recreation (marina) uses require one parking space per watercraft kept on site. The applicant is proposing to have 18 boat slips within the marina and has submitted a plan showing 7 parallel parking stalls on-site. The applicant has coordinated with the Public Works and Transportation Departments to have 11 public parking stalls approved within the Bauman Street right-of-way, adjacent to the site. Page 3 ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 4 A base standard modification (BSM) is required to allow the proposed 18 boat slips with 7 on-site parking spaces. The 11 approved on-street parking stalls are intended to compensate for the remaining required parking spaces. The applicant has noted that they also intend to have 12 kayaks available on-site for rent. Staff recommends that Plan Commission determine if approving the requested on-site parking reduction is appropriate for this site. If deemed appropriate, staff recommends that one of the 18 boat slips be reserved for only kayak use if kayaks are kept on-site. Site Design The applicant is proposing to use the existing gravel area inside the fence for 7 parking stalls with one-way driveway access from Bauman Street. The site has an existing bathroom building and shed/gift shop on the west side of the site. The site plan shows the bathroom remaining in the existing location and the shed being relocated to the east side of the site. As no structures or paved areas are being added or expanded on the site, the impervious surface ratio will not change from existing. The proposed location of the 10’ X 20’ shed/gift shop on the east side of the marina will have an approximate 15’ setback from the Ordinary High Water Mark and appears to be within the Floodway established by FEMA. A BSM is required for the shed placement as code requires a 30’ setback from the Ordinary High Water Mark for structures within the RMU district and will also require approval from the Wisconsin DNR to allow placement within the Floodway. Staff does not have concerns with the setback reduction as relocation of the shed to the east side of the site is appropriate due to its proximity to the proposed boardwalk. Moving the shed from its current location on the west side of the site will also allow for increased open graveled area for vehicle parking/circulation. Signage This request does not include any additional signage. Site Lighting No new light fixtures are being proposed. Landscaping As the request does not include new buildings or paved areas, no additional landscaping is required by code. To compensate for requested BSMs related to parking and setbacks, the applicant plans to install a combination of 6’ tall solid fencing (in place of the existing chain link fence) along with 20 arborvitae plantings on the street side of the existing gravel parking area. This is intended to provide a buffer from the neighboring residences to the west. A base standard modification is required for the 6’ tall solid wood fencing as code prohibits solid fencing in front yard areas and limits front yard fencing to a maximum of 4’ tall in the RMU district. Staff is supportive of the requested BSM as it will serve as a visual and noise buffer from the neighboring residences to the west and will be “broken up” with arborvitae plantings. Staff is recommending a condition that 660 medium/tall evergreen tree points (20 arborvitae) be Page 4 ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 5 provided on the street side of the proposed fencing to offset the proposed BSMs for parking reduction, setback reduction, and fence height/material. Storm Water Management/Utilities The Department of Public Works has noted that no site grading/fill will be allowed in the Floodway without prior FEMA approval. Building Facades No changes are being proposed to building facades. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Zoning Map amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-381 (D)(2): (a) Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency. (b) Is in harmony with the Comprehensive Plan. (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (d) Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: (ii) Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. In its review and recommendation to the Common Council on an application for a Planned Development district, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-387 (C)(6): (a) The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. (b) The proposed Planned Development project is consistent with the City’s Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) (c) The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. (d) Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. Page 5 ITEM IV: Rezone & GDP/SIP 1000 Bauman St. 6 (e) The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. (g) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. (h) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. (i) The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. Staff recommends approval or denial of the proposed Specific Implementation Plan amendment be determined by Plan Commission with the findings listed above, and with the following conditions if approved: 1. Base Standard Modification to allow 7 on-site parking stalls where code requires one parking space per watercraft kept on-site (18). 2. If kayaks are kept on-site, one of the approved boat slips shall be designated for kayak use only. 3. Base Standard Modification to allow reduced building setback for shed/gift shop to 15 ft., where code requires a 30 ft. setback from the Ordinary High Water Mark in the RMU district. 4. Base Standard Modification to allow 6 ft. tall solid fencing in front yard where code limits fencing to 50% opacity and 4 ft. tall in front yard areas. 5. A minimum of 660 evergreen tree landscaping points shall be provided on the street side of the proposed fence. 6. Final landscaping plan shall be reviewed and approved by the Department of Community Development. Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 REZONE/GDP/SIP 1000 BAUMAN ST PC: 8/1/2023 JACK W/TAMARA J KOEPKE 1021 COOLIDGE AVE OSHKOSH, WI 54902 LISA R JUHLKE 1015 COOLIDGE AVE OSHKOSH, WI 54902 KALLIE SCHELL 1005 COOLIDGE AVE OSHKOSH, WI 54902 KARI B WANISH/MELISSA PIETERS 815 BAUMAN ST OSHKOSH, WI 54902 ELROY L/KATHLEEN M PETERMANN 1002 ADAMS AVE OSHKOSH, WI 54902 JOYCE A FRANK 1010 ADAMS AVE OSHKOSH, WI 54902 ERIC L/KELLY D RENNERT 1043 TYLER AVE OSHKOSH, WI 54902 LAURA CRICHTON 1039 TYLER AVE OSHKOSH, WI 54902 KIM E BUHROW 1033 TYLER AVE OSHKOSH, WI 54902 PATRICIA J EBERSBERGER LIFE ESTATE 1023 TYLER AVE OSHKOSH, WI 54902 CAITLIN N SMITH 1019 TYLER AVE OSHKOSH, WI 54902 TRACEY L LEWIS 1007 TYLER AVE OSHKOSH, WI 54902 ANDREW M HARRIS 2898 NEWPORT AVE OSHKOSH, WI 54904 ERNESTINE BOSQUEZ 905 BAUMAN ST OSHKOSH, WI 54902 SHALER C FIEGE 1012 COOLIDGE AVE OSHKOSH, WI 54902 KELLY K/SHANNON R SKIFSTAD 1018 COOLIDGE AVE OSHKOSH, WI 54902 KATHY K FREES 1026 COOLIDGE AVE OSHKOSH, WI 54902 KEVIN M/AMANDA J STEIN 1765 HUNTERS GLEN DR OSHKOSH, WI 54904 SHARON K OLAUGHLIN LIFE ESTATE 1042 COOLIDGE AVE OSHKOSH, WI 54902 AMY L TAPLIN 1045 VAN BUREN AVE OSHKOSH, WI 54902 MONICA HURKMAN 1037 VAN BUREN AVE OSHKOSH, WI 54902 CHRISTOPHER M MILLS 1027 VAN BUREN AVE OSHKOSH, WI 54902 THOMAS R MAURITZ 1015 VAN BUREN AVE OSHKOSH, WI 54902 JOHN R SCHMIDT 1013 VAN BUREN AVE OSHKOSH, WI 54902 ANNETTE GRAY 1001 VAN BUREN AVE OSHKOSH, WI 54902 SANDRA HARTMANN IRREV TRUST 1894 SCARLET OAK TRL OSHKOSH, WI 54904 TC PROPERTIES OF THE FOX VALLEY LLC W2402 TREE LINE CT APPLETON, WI 54915 AMANDA CLARK 1032 TYLER AVE OSHKOSH, WI 54902 BRYAN J/JEANNA E LIENHARD 5401 COUNTY ROAD K OSHKOSH, WI 54904 Page 15 JEFFREY R GEIGER 1042 TYLER AVE OSHKOSH, WI 54902 BARBARA A GOYKE 1023 ARTHUR AVE OSHKOSH, WI 54902 JAMES D HANSEN 1017 ARTHUR AVE OSHKOSH, WI 54902 PAUL A HUEBNER/ROXANE M MUELLER 1003 ARTHUR AVE OSHKOSH, WI 54902 DONALD J SCHETTLE 1021 BAUMAN ST OSHKOSH, WI 54902 SAMUEL K SEIBOLD 1012 VAN BUREN AVE OSHKOSH, WI 54902 LUCAS W/TIFFANY A KUNDE 1018 VAN BUREN AVE OSHKOSH, WI 54902 CHRISTOPHER W/GINA M PITSCH 1044 VAN BUREN AVE OSHKOSH, WI 54902 KEITH R SMITH 1008 ARTHUR AVE OSHKOSH, WI 54902 FOX HARBOR MARINA LLC 1000 BAUMAN ST OSHKOSH, WI 54902 JAMES F/SUSANNE K LEMBERGER REV TRUST 904 BAUMAN ST OSHKOSH, WI 54902 VICKI CHRISTMAN 818 BAUMAN ST OSHKOSH, WI 54902 NATHAN S/DEBRA J WEYENBERG 901 COOLIDGE AVE OSHKOSH, WI 54902 JAMES B/SUSAN STEINER 895 COOLIDGE AVE OSHKOSH, WI 54902 JERALD W/SHARLENE M KUIPER 897 COOLIDGE AVE OSHKOSH, WI 54902 DAVID J NICHOLS/LEE M STRATTON 800 BAUMAN ST OSHKOSH, WI 54902 ELIZABETH A HEMMINGHAUS 1026 PIERCE AVE OSHKOSH, WI 54902 BERNARD W PITZ 617 W IRVING AVE OSHKOSH, WI 54901 WAYNE R/SHARON J GAYHART 1110 BAUMAN ST OSHKOSH, WI 54902 KENNETH C/MARCIA A RASMUSSEN REV TRUST 1120 BAUMAN ST OSHKOSH, WI 54902 ERROL R SPRINGER 2495 APPLE CREEK CT DE PERE, WI 54115 NICHOLAS A THOMA PO BOX 208 BERLIN, WI 54923 TERRY L/DIANE M SCHROEDER 1010 BAUMAN ST OSHKOSH, WI 54902 BETHANY R PERONA 1025 COOLIDGE AVE OSHKOSH, WI 54902 CHRIS AMOS 1922 MITCHELL ST OSHKOSH, WI 54901 Page 16 A RTH URAV B A U M A N S T VAN BUREN AV TYLER AV COOLIDGE AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 7/6/2023 1 in = 120 ft1 in = 0.02 mi¯1000 BAUMAN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 17 G G OO SS SS C C TT DOVE ST RUSH AV TAFT AV ADAMS AV PIERCE AV COOLIDGE AV VAN BUREN AV ARTHUR AV R O C K W ELL A V GRAHAM AV W NEW YORK AV N C A MPBELL RD P E A R L A V R AIN B O W D R BUCHANAN AV B A U M A N ST PIERCE AV VIN E A V C O N G R ESS AV ARTHUR AV ADAMS AV TAFT AV COOLIDGE AV VAN BUREN AV FILLMORE AV TYLER AV RUSH AV C O N G R E S S A V S U M M IT A V FOX ST JOSSLYN ST A L G O M A BL V D N SAWYER ST OSHKOSH AV EL M W O O D A V CONGRESS A VHIGH AV HI G H A V I I I I I I I I I-PD I-PD I-PD I-PD I-PD I-PD-UTO MR-12 MR-20 MR-20 MR-20-PD MR-20-RFO RMU RMU RMU RMU-PD RMU-RFO SR-5 SR-5 SR-5 SR-5 SR-5 SR-9 SR-9 SR-9 TR-10 UI-RFO UMU UMU UMU UMU UMU-RFO J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 7/6/2023 1 in = 500 ft1 in = 0.09 mi¯1000 BAUMAN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 18 B A U M A N S T VAN BUREN AV TYLER AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 7/6/2023 1 in = 100 ft1 in = 0.02 mi¯1000 BAUMAN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 19