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HomeMy WebLinkAboutItem III PLAN COMMISSION STAFF REPORT AUGUST 6, 2024 ITEM III: PUBLIC HEARING: ZONE CHANGE FROM CENTRAL MIXED USE DISTRICT (CMU) TO CENTRAL MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (CMU-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR PARKING LOT RECONSTRUCTION AT 224 STATE STREET GENERAL INFORMATION Applicant: Mach IV Engineering and Surveying LLC Owner: Team SNW LLC Action(s) Requested: The applicant requests a zone change from the existing Central Mixed Use District (CMU) to Central Mixed Use District with a Planned Development Overlay (CMU-PD). The applicant also requests approval of a General Development Plan and Specific Implementation Plan for parking lot reconstruction 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 consists of a one-acre parcel located at the southeast corner of State Street and Waugoo Avenue. The site includes commercial building area (former Oshkosh Northwestern building) and a parking lot with two garages accessed from Waugoo Avenue. The site is zoned Central Mixed Use District (CMU) and the surrounding area is a mixture of commercial, residential, and institutional land uses. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject area. Subject Site Existing Land Use Zoning Commercial CMU Recognized Neighborhood Organizations River East Neighborhood Association Page 1 ITEM III: Zone change & GDP/SIP 224 State St Adjacent Land Use and Zoning Existing Uses Zoning North Commercial/residential/vacant CMU/ I South Institutional & Commercial CMU/I East Institutional I West Commercial CMU Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation City Center ANALYSIS Zone Change The applicant is requesting a zone change from the Central Mixed Use District (CMU) designation to Central Mixed Use District with a Planned Development Overlay (CMU-PD) for the subject property. The requested Planned Development Overlay designation is intended to allow for flexibility in the zoning ordinance to allow for reconstruction of the existing legal nonconforming parking lot. The applicant has submitted plans for reconstruction of the parking lot, which will be addressed as a General Development Plan (GDP) and Specific Implementation Plan (SIP) review. Staff is supportive of the proposed rezone as the Planned Development Overlay will assist with providing needed parking for the site. The CMU-PD zoning designation will remain consistent with the 2040 Comprehensive Land Use Plan recommendation of Center City for the subject site. Rezone to CMU-PD Page 2 ITEM III: Zone change & GDP/SIP 224 State St Use The applicant is currently converting the south building (216 State Street) to a first-floor restaurant and also plans to add hotel accommodations above the restaurant and in the building immediately to the north (224 State Street) as future phases. The anticipated land uses are permitted in the CMU district. Site Design The applicant is proposing to reconstruct the existing parking lot, which is accessed off of Waugoo Avenue. The proposed parking lot will have 31 parking stalls and includes a refuse enclosure on the south end of the lot, between the existing garage buildings. The proposed plan has 0’ side (south) and rear (east) setbacks and 10’ street side (north) setback for the proposed pavement, where code requires a 5’ pavement setback from all property lines in the CMU district. Base Standard Modifications (BSM) are required for the reduced side and rear setbacks of 0’. Staff is supportive of the BSM requests for reduced side and rear yard setbacks as it will match the existing parking lot setback. The applicant has increased the front setback from the existing 0’ to 10’, which exceeds the code minimum of 5’. The increased front setback will be landscaped to enhance the appearance of the site from the street. Signage No additional signage is being proposed. Page 3 ITEM III: Zone change & GDP/SIP 224 State St Site Lighting The applicant has provided a photometric plan that meets minimum lighting levels of 0.4 fc for parking/drive areas. Lighting levels are under the maximum of 1.0 fc at the public right of-way and 0.5 fc at interior property lines. Light fixtures will consist of decorative wall mounts and 17’ light poles with full cut-off fixtures, which is under the maximum fixture height of 20’ for the CMU district. Landscaping Paved area landscaping is required for the proposed parking lot. The CMU district exempts building foundation, paved area, and yard landscaping requirements. Bufferyard landscaping is required along the east and south property lines as it is abutting an Institutional zoning district. Page 4 ITEM III: Zone change & GDP/SIP 224 State St Paved Area The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of paved area is being met. The code further specifies 30% of all points will be devoted to tall trees and 40% will be devoted to shrubs. Both of these requirements are being met. The landscaping ordinance also includes a requirement that a landscape planter island, including a deciduous tree, be planted at all parking row ends. The applicant is requesting a BSM to allow parking row ends without the required landscape island at 5 parking row ends. Staff is supportive of allowing these parking rows without landscape planter islands to preserve sufficient space for vehicle circulation without losing the needed parking stalls. Bufferyards A 0.3 opacity bufferyard is required along the neighboring Institutional (I) zoned properties to the south and east of the site. The applicant is requesting a BSM to waive the bufferyard requirement along the south and east property lines. According to the applicant, meeting the bufferyard requirement along these property lines would be impractical due to the location of the existing buildings on and adjacent to the site and would cause undue disturbance to the most contaminated area of the site. The applicant also notes that the east and south sides of the parking lot are bordered by Winnebago County buildings that have walls located on the property line. These areas do not receive much sunlight and it would be difficult to maintain plantings. The required trees located close to the building could also potentially cause damage to the foundations from root penetration. The 0.3 opacity bufferyard requirement may be met with 10’ setback and 6’ solid fence or larger setbacks combined with landscaping and lesser fencing. In this particular case, staff feels that requiring a 10’ setback with landscaping and/or fencing would not be conventional as the parking lot abuts existing nonresidential buildings. As previously noted, the applicant has provided a larger (10’) landscaped front setback than required by code. Staff feels that the increased front setback sufficiently offsets the BSM request to waive the bufferyard requirements. Storm Water Management/Utilities The Department of Public Works has noted that work has been coordinated with the Waugoo Construction Project and full site plan approval is required. Page 5 ITEM III: Zone change & GDP/SIP 224 State St Building Facades No changes are being proposed to the existing building facades. Modifications to the former Oshkosh Northwestern building were approved through Special Area Design Review in April 2024. 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. (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. Page 6 ITEM III: Zone change & GDP/SIP 224 State St (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 of the zone change, General Development Plan, and Specific Implementation Plan with the findings listed above and the following conditions: 1. Base Standard Modification (BSM) to allow reduced side (south) setback to 0’. 2. BSM to allow reduced rear (east) setback to 0’. 3. BSM to allow reduced bufferyard width to 0’ along the south and east property lines. 4. BSM to allow parking row ends without landscaped planter islands. Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 224 State Oshkosh Northwestern PD Rezoning NarraƟve A rezoning of parcels 90200200000, 90200210000 and 90200330000 is being requested to change the zoning from CMU to PD. The PD zoning is being requested to modify the buffer yard requirements of ArƟcle IX: Landscaping Requirements of the City of Oshkosh Zoning Ordinance. The property is currently being renovated from the previous Oshkosh Northwestern publishing faciliƟes to a bouƟque hotel and restaurant. The exisƟng parking lot is a contaminated site with deed restricƟons in place requiring a pavement cap. The Owner’s environmental consultant is working with the DNR to modify the exisƟng cap plan to allow the reconstrucƟon of the parking lot. The Landscaping Requirements of the Zoning Ordinance require a 10’ buffer where the CMU zoning meets other districts. This would be required along the east and south sides of the parking lot where the adjacent zoning is I-InsƟtuƟonal. The Ordinance sets forth point requirements that would require this site to provide 155 points of landscaping. MeeƟng these requirements in the 10’ of area along the south and east sides of the parking lot would be impracƟcal due to the locaƟon of exisƟng buildings on and adjacent to the site and would also cause undue disturbance in the most contaminated area of the site. The east and south sides of the parking lot are bordered by Winnebago County buildings that have walls located on the property line. These areas do not receive much sunlight and as a result would be difficult to maintain planƟngs. The required trees located that close to exisƟng buildings could also potenƟally cause damage to the foundaƟons from root penetraƟon. There are also two exisƟng building on the subject property located in the buffer area. As a result of the locaƟons of the exisƟng building on and adjacent to the site there is very liƩle visibility into the site that a landscape buffer would improve. The requested proposed PD would relocate the landscaping to the north side of the property that borders Waugoo Avenue as shown on the aƩached plan. A 10’ wide area would be planted according to the aƩached landscape plan. The proposed landscape plan provides 156 points of landscaping in this area. The planƟngs in this area should receive adequate sunlight to thrive and will provide the most aestheƟc benefits to the public uƟlizing Waugoo. This also will have the greatest aestheƟc benefit for the patrons of the site by framing the entrances and buffering the view of the street. The proposed PD would preserve the public interest by providing landscaping that exceeds the numerical requirements of the ordinance and provides an increased aestheƟc benefit to the public and adjacent properƟes. Page 13 Page 14 ZONE CHANGE, GDP, & SIP PC: 8.6.2024 S BAYER HOLDINGS LLC N6053 FOREST RIDGE RD GREEN LAKE WI 54941-9737 JACOPA INC 25 WAUGOO AVE OSHKOSH WI 54901-4848 TEAM SNW LLC C/O TABATHA-GM 216 STATE ST OSHKOSH WI 54901-4839 WINNEBAGO COUNTY C/O FINANCE DEPT PO BOX 2808 OSHKOSH WI 54903-2808 DISCOVERY PROPERTIES LLC 230 OHIO ST STE 200 OSHKOSH WI 54902-5894 HARRY & PRISCILLA KIECKHAFE 702 E IRVING AVE OSHKOSH WI 54901-4643 TEAM SNW LLC 7098 S HIGHWAY 45 OSHKOSH WI 54902-8812 BBLD LLC PO BOX 800 OSHKOSH WI 54903-0800 DALE SCHOOL APTS INC C/O MR CHARLES HERTEL PO BOX 143 OSHKOSH WI 54903-0143 RIVER EAST NBHD ASSOC C/O KATHY WEBB 543 OTTER AVE OSHKOSH WI 54901-5103 RIVER EAST NBHD ASSOC C/O TAMMY HACKETT 349 BOWEN ST OSHKOSH WI 54901-5155 RIVER EAST NBHD ASSOC C/O CARMEN SCOTT 521 OTTER AVE OSHKOSH WI 54901-5103 DOWNTOWN NBHD ASSOC C/O JESSIE MEIDL 903 W 7TH AVE OSHKOSH WI 54902-5854 Page 15 WAUGOO AV OTTER AV JEFFERSO N S T MT VERNON ST S T A T E S T COURT ST WASHINGTON AV RoePark J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 7/12/2024 1 in = 120 ft1 in = 0.02 mi¯BASE MAP 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 16 BROAD ST WAUGOO AV OTTER AV E PARKWAY AV COMMERCE ST MERRITT AV NEBRASKA ST W PARKWAY AV DIVISION ST BAY ST NORTHWESTERN AV HUDSON AV PEARL AV COURT ST CITY CENTER BAY SHORE DR W 5TH AV E 7TH AV BOYD ST MONROE ST GRAND ST MT VERNON ST JEFFERSON ST BAY ST BROAD ST MILL ST CHURCH AV MARKETST DIVISION ST BROWN ST MARKETST SCHOOL AV POPLAR AV W 7TH AV W 6TH AV W 8TH AV E 8TH AV PLEASANT ST MADISON ST BROAD ST MILL ST BROAD ST DIVISION ST FRANKLIN ST STATE ST BROADST CENTRAL ST BROAD S T N MAIN ST CEAPE AV WASHINGTON AV ALGOMA BLVD OREGON ST JACKSON ST HIGH AV S MAIN ST OshkoshOshkoshCityCityLimitLimit CMU CMU CMU CMU CMU CMU CMU-PD CMU-PD CMU-PD CMU-PD CMU-PD-RFO CMU-RFO CMU-RFO I I I I I I I I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD-RFO I-UTO MR-20 MR-36 MULTIPLE RMU-PD RMU-PD RMU-PD RMU-PD-RFO RMU-RFO SR-9 TR-10 TR-10 TR-10 TR-10 TR-10-PD TR-10-PD UMU UMU UMU UMU UMU UMU UMU UMU UMU UMU UMU-PD UMU-PD UMU-PD UMU-PD UMU-PD-UTOUMU-RFO J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 7/15/2024 1 in = 500 ft1 in = 0.09 mi¯ZONING MAP 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 WAUGOO AV J E F F E R S O N S T MT VERNON ST OTTER AV S T A T E S T COURT ST WASHINGTON AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 7/15/2024 1 in = 100 ft1 in = 0.02 mi¯AERIAL MAP 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