HomeMy WebLinkAbout10-28JANUARY 12, 2010
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10 -28 ORDINANCE
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PURPOSE: APPROVE ZONE CHANGE FROM R -1 C SINGLE FAMILY
CENTRAL TO R -1 C SINGLE FAMILY CENTRAL WITH A
PLANNED DEVELOPMENT OVERLAY/ 1410 ALGOMA
BOULEVARD & 1421 ELMWOOD AVENUE
INITIATED BY: PAINE ART CENTER & GARDENS, OWNER
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30 -16
(B) 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 -16(B) of the Oshkosh Municipal Code pertaining to
Zoning Districts and the map therein described is hereby amended by changing the
district character of the following described area from R -1 C Single Family Central to R-
1 C Single Family Central with a Planned Development Overlay.
All of Lots 1 and 9, EW Paine's Replat, 12th Ward, City of Oshkosh, Winnebago
County, Wisconsin, plus public right -of -way abutting said lots extending to the
centerlines of Algoma Boulevard, Congress Avenue and Elmwood Avenue.
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 #10 -28 APPROVE ZONE CHANGE FROM R -1 C SINGLE FAMILY
CENTRAL TO R -1 C SINGLE FAMILY CENTRAL WITH A PLANNED DEVELOPMENT
OVERLAY / 1410 ALGOMA BOULEVARD & 1421 ELMWOOD AVENUE on January
26, 2010. The Ordinance changed the zoning classification on 1410 Algoma Boulevard
and 1421 Elmwood Avenue to R -1 C PD. 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.
O fHK OfH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning ervices
DATE: January 7, 2010
RE: Approve Zone Change from R -1C Single Family Central to R -1C Single Family
Central with a Planned Development Overlay / 1410 Algoma Boulevard & 1421
Elmwood Avenue (Plan Commission Recommends Approval)
BACKGROUND
The approximate 3.8 acre subject area consists of two properties located at the northwest corner
of Algoma Boulevard and Congress Avenue: 3.54 acre Paine Art Center & Gardens (1410
Algoma Boulevard) and a 10,300 square foot single family home site (1421 Elmwood Avenue).
The Paine Art Center & Gardens has operated as a museum, art center and community center for
approximately 60 years and is listed on the National Register of Historic Places. The subject
area is located within the Algoma Boulevard Historic District and is situated among numerous
historic homes and other cultural /institutional uses such as the Oshkosh Public Museum, Martin
Luther Evangelical Church and Hikers Monument & Paine Conservancy.
ANALYSIS
The purpose of the rezoning request is to allow the addition of the planned development to
remove the legal nonconforming structure status of the existing Paine facility as well as to permit
an expansion to the carriage house, addition of a garden garage, expansion of the botanical
gardens, the placement of event facilities and the placement of event banners.
Planned Development designation is beneficial to the Paine Art Center & Gardens as it provides
a vehicle to remove the legal nonconforming status of the institution as developed and allows for
expansion of the site by the utilization of base standard modifications that may provide relief
from existing conditions affecting the lot such as substandard setbacks. The Planned
Development designation is beneficial to the City as it provides the ability to address
nonconformities and grants City review and oversight of future development plans to ensure
compliance with the City's development and planning policies through the regulation of
standards set forth in the Zoning Ordinance.
The rezoning request is consistent with the Comprehensive Plan in that it promotes several of the
goals as listed in the Cultural Resources Element of the Plan including:
• Goal A: Promotion of the on -going viability of publicly and privately owned cultural
resources;
• Goal B: Creation of strong and vibrant cultural tourism; and
• Goal C: Promotion of cultural events and sites within the city.
FISCAL IMPACT
N/A
RECOMMENDATION
The Plan Commission approved of this request at its December 15, 2009 meeting.
Approved,
/Afto-
City Manager
ITEM: ZONE CHANGE FROM R -1C SINGLE FAMILY CENTRAL RESIDENCE
DISTRICT TO R -1C PD SINGLE FAMILY CENTRAL RESIDENCE DISTRICT
WITH A PLANNED DEVELOPMENT OVERLAY AT 1410 ALGOMA
BOULEVARD
Plan Commission meeting of December 15, 2009
GENERAL INFORMATION
Applicant /Owner: Paine Art Center and Gardens, Inc.
Action(s) Requested:
Zone change from R -1C Single Family Central Residence District to R -1C PD Single Family Central
Residence District with a Planned Development Overlay. The subject area being zoned residential (R -1C)
significantly restricts any major structural improvements or new construction on the property. The intent
of the zone change is to bring the zoning into conformance with the current historical development on the
property and the PD will be in place to ensure that any proposed changes to the use of the property be
reviewed under the public hearing process.
Applicable Ordinance Provisions:
The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies
on the Comprehensive Plan, redevelopment plans and good planning principles.
Property Location and Background Information:
The approximate 3.8 acre subject area consists of two properties located at the northwest corner of
Algoma Boulevard and Congress Avenue: 3.54 acre Paine Art Center & Gardens (1410 Algoma
Boulevard) and a 10,300 square foot single family home site (1421 Elmwood Avenue). The Paine Art
Center & Gardens has operated as a museum, art center and community center for approximately 60 years
and is listed on the National Register of Historic Places. The subject area is located within the Algoma
Boulevard Historic District and is situated among numerous historic homes and other cultural /institutional
uses such as the Oshkosh Public Museum, Martin Luther Evangelical Church and Hikers Monument &
Paine Conservancy.
Subject Site
Adjace
Existin Land Use
Zonin
Institutional — Art Center & Gardens
!nt Land Use and "Zonin
Existing Uses Zoning
North Institutional — Church & Single-Family Home R -1C
.. ........... ......... .................. .............. ........ . .................. ...... _ ...................... ........... ........................ ..........................
.....
Green Space & Single - Family Homes R -1C
South (across Congress St) ................................................................................................................. ...............................
East Single-Family ..
Homes (across . . . . _
across Elmwood Ave) ........................................R-............. .....__.... ................... .... ....... . _ .......
......
Institutional —Public Museum, Green Space & Single- R -1 C & R -2
West Family Homes (across Algoma Blvd)
Comprehensive Plan
Land Use Recommendation
Land Use
10 Year Land Use Recommendation
Public & Institutional
20 Year Land Use Recommendation
Public & Institutional
ANALYSIS
The petitioner is requesting approval to rezone the subject property's existing R -1C Single Family Central
Residence District to R -1C PD Single Family Central Residence District with a Planned Development
Overlay. The purpose of the rezoning request is to allow the addition of the planned development to
remove the legal nonconforming structure status of the existing Paine facility as well as to permit an
expansion to carriage house, addition of a garden garage, expansion of the botanical gardens, the
placement of event facilities and the placement of event banners.
Planned Development designation is beneficial to the Paine Art Center & Gardens as it provides a vehicle
to remove the legal nonconforming status of the institution as developed and allows for expansion of the
site by the utilization of base standard modifications that may provide relief from existing conditions
affecting the lot such as substandard setbacks. The Planned Development designation is beneficial to the
City as it provides the ability to address nonconformities and grants City review and oversight of future
development plans to ensure compliance with the City's development and planning policies through the
regulation of standards set forth in the Zoning Ordinance, Section 30 -33: Planned Development Overlay
District.
The rezoning request is consistent with the Comprehensive Plan in that it promotes several of the goals as
listed in the Cultural Resources Element of the Plan including:
• Goal A: Promotion of the on -going viability of publicly and privately owned cultural resources;
• Goal B: Creation of strong and vibrant cultural tourism; and
• Goal C: Promotion of cultural events and sites within the city.
RECOMMENDATION
The Department of Community Development recommends approval of the zone change from R -1C to R-
1 C PD as requested.
The Plan Commission approved of the zone change as requested. The following is the Plan
Commission's discussion on this item.
Mr. Buck presented both items together and reviewed the site and surrounding area and the current uses in
said area. He commented that the Paine Art Center has operated at this site for approximately 60 years
and the use is consistent with the Comprehensive Plan. He reviewed the history of the Paine and reviewed
the proposed expansion project. This entails reconstructing the drop -off area to create a circle drive with a
raised center; an addition and renovation of the Carriage House to improve handicap accessibility, safety
and fire protection and to add functionality; the addition of a garden garage for storage of equipment and
supplies and expansion of the botanical gardens in an area where the home at 1421 Elmwood Avenue was
purchased; an outdoor event facility canopy at the northwest corner of the site and a tent at the southeast
corner of the property; and 20 foot by 20 foot event banners to be allowed on the Algoma Boulevard
fagade of the mansion. He reviewed the elevations for the addition to the Carriage House and the location
of the proposed temporary canopy and tent for outdoor events. He commented that the neighbor at 1428
Algoma Boulevard has both called and submitted written commentary, which was included in the Plan
Item - Rezone 1410 algoma
Commission packet, objecting to the wedding use at the site which he feels is excessive. He also
reviewed photographs of the site and the proposed canopy as well as photographs taken from the
neighboring property's rear yard at 1428 Algoma Boulevard. He pointed out the 7 foot high stone wall
separating the properties as well as extensive vegetation and stated that it appeared to have adequate
visual blockage of the adjacent property but he did acknowledge the neighbor's concerns with perceived
disturbances from activities at the Paine. He reviewed the area where the outdoor event tent would be
located which would be similar to the uses of the canopy and stated that sufficient buffering as well as
street right -of -way should be adequate for any outdoor events held there. He also commented about the
base standard modification requested for event banners as the Paine is located in a residential district
which does not allow for signage, but the conditions should permit banners limited to events held at the
Paine only. He reviewed the conditions suggested to be placed on the request.
Mr. Bowen questioned what the distance was between the outdoor canopy area and the property line at
1428 Algoma Boulevard.
Mr. Buck responded that is was approximately 60 -80 feet.
Mr. Thoms inquired what was nonconforming about the existing site with the R -1 C zoning classification.
Mr. Buck replied that many of the setbacks on the site were not adequate, the 7 -12 foot walls surrounding
the property were taller than allowed, the Carriage House was constructed too close to the property line,
there were three driveway accesses where only two were permitted, setbacks for the garden garage were
inadequate, and the use itself is legal nonconforming.
Mr. Thoms asked if no additions to the site would be allowed without the approval of the CUP /PD.
Mr. Buck responded affirmatively.
Mr. Thoms commented that we had recently changed zoning classifications in other areas of the city to
make legal nonconforming uses conforming.
Mr. Buck stated that the City had been attempting to address the rezoning of areas that had inappropriate
classifications as structures and uses were established there prior to the zoning district being established.
Mr. Thoms then inquired if changes needed and activities functioning on the site had been discussed with
the Police and Transit Departments.
Mr. Buck responded that the request had been discussed at the inter - departmental meeting and Police,
Fire, or Transit Departments had no concerns with the issue. He further commented that the use on the
site is not changing; physical changes to the site were the only proposed alterations from its current use.
Mr. Thoms questioned if considering the relationship with the neighbor at 1428 Algoma Boulevard, was
an to increase the height of the wall in that area discussed.
Mr. Buck replied that the 7 -foot wall was already higher than code permits and that the structure next door
is three stories tall so an additional foot or two of wall would not completely block the view from the
adjacent property. The additional evergreen landscaping recommended in the conditions should provide
an adequate visual and sound buffer.
Mr. Hinz questioned what the City's position was on all the legal issues raised by the neighbor.
Item - Rezone 1410 algoma I
Mr. Buck responded that the City's position on the site's legal nonconforming use was that it is
considered a "grandfathered" use, and without the request for physical expansion requiring the CUP /PD
request, operations could continue on the site as they have in the past.
Mr. Hinz stated that we have to consider community impact and questioned if John Kelly's claims of
nuisance and consumption of alcohol off premises was valid.
Mr. Buck replied that the Police Department was able to verify that there were approximately six different
calls in the area, (noise, traffic, and others), but that they could not necessarily relate them to the Paine.
There were no excessive police calls in the neighborhood according to the Police Department.
Mr. Hinz inquired if parking for the site was adequate.
Mr. Buck responded that the Paine had a parking lot a block away and also utilized the legal parking on
the streets surrounding the site. The proposed expansion of the carriage house should not impact the
parking issues as the use on the site was not changing or expanding.
Mr. Borsuk questioned if something significant would happen to the Carriage House without the approval
of the planned development, could the structure be repaired.
Mr. Buck replied that it would depend on the amount of damage to the structure. If it would be greater
than 50% of structural damage, it could not be rebuilt.
Aaron Sherer, Executive Director of the Paine Art Center and Gardens, 1410 Algoma Boulevard, stated
that the Commission had already received a great deal of information on the subject including letters from
both Mr. Kelly and himself and he was present to answer any questions from Commissioners. He further
stated that he reviewed the conditions with the Board Members for the Paine and found them to be both
appropriate and acceptable and that they are committed to being a good neighbor and to make their
grounds and buildings safe.
Mr. Fojtik inquired if the Paine has a plan for dealing with issues such as parking, noise, and garbage.
Mr. Sherer responded that they could possibly add a parking lot however people tend to park on the street
first. He further stated that they would need to have a meeting with neighbors of the site for input on the
issue as most neighbors do not seem supportive of adding more asphalt surfaces in the neighborhood.
Mr. Thorns asked if the wall could be extended upward around the property at 1428 Algoma Boulevard.
Mr. Sherer replied that the new walls varied from 9 -12 feet and it would be possible to extend the walls
along that property line however it has not been pursued since the neighbor would not allow the Paine
access onto their property for repairs to the wall on a previous occasion.
Mr. Thorns stated that extending the wall would be a quicker solution than planting additional
landscaping. He then asked if any disturbances had been reported to the Police Department relating to
activities at the Paine.
Mr. Sherer responded that there was one complaint this summer and one last summer however no report
was generated as there was not sufficient evidence of a disturbance to generate a formal report.
Item- Re_one 1410 algoma 4
Mr. Hinz commented that with the close proximity of the neighbor, was there anything being done to find
a common ground or any solution to the situation.
Mr. Sherer replied that Mr. Kelly was in the process of suing the Paine and that their perspective was that
they were sensitive to neighbors surrounding their site. He further stated that the Paine has never had
weddings under the canopy area and that those events are held in the oval area which is further away from
Mr. Kelly's property and that no amplification equipment was ever used under the canopy.
Dennis Woerpel, 1413 Congress Avenue, stated that he has lived across the street from the Carriage
House for 25 years and he has not witnessed any issues such as drinking in the street or noise. He stated
that occasionally music could be heard but it was not loud or annoying and that parking is allowed on the
street and he has not witnessed any issues with that either. From his perspective, traffic has not changed
regardless of activities being held at the Paine. The Paine has been very interested in neighbor's input in
recent years and concerned with neighboring properties.
Mr. Buck stated that a letter and email were received from Martin Luther Evangelical Church, 1526
Algoma Boulevard, which he proceeded to read which stated that they had reviewed the plans for the
Paine and although they could not be present for the meeting today, they were in complete support of the
project. He also read an email from the First Congregational Church stating that there were very few
alternative venues comparable to the Paine for wedding ceremonies and that the staff was careful and
competent and they would like to see its continued use for private events.
Stephen Hintz, 1361 Washington Avenue, stated that he contributes periodically to the Paine and feels
that we need to seek a balance between public benefit and private desires as that is part of living in a
neighborhood with public buildings. He further stated that he has lived near Menominee Park for 35 years
and Sawdust Days can be considered a disturbance however it is held for public benefit. The bands and
parking can also be a problem during events. The Paine has tremendous public benefit to our community
and he felt it should be supported.
Brad Larsen, Director of the Oshkosh Public Museum, 1331 Algoma Boulevard, stated that no museum
can stay static and that the small changes that the Paine are requesting are necessary and will increase the
Paine's ability to serve visitors.
Christy Wells, 1423 Congress Avenue, stated that she lives across the street from the entrance to the
Carriage House and enjoys the cultural resource of the Paine. She further stated that she does not see
parking as a problem and understands that occasionally there may be some noise however she has never
considered it to be problematic. She enjoys the community resource that the Paine represents in the
community.
Beverly Smerling, 1402 Elmwood Avenue, stated that she has lived there for 40 years and reviewed the
planned improvements and thinks they are great. She further stated that the Paine is a gem of a museum
and traffic could be expected to be heavy during events but parking was adequate in the neighborhood to
accommodate it. She commented that she even tries to do her yard work during the morning hours as not
to disturb events at the Paine. She asked that people please support this request.
Peter Gillespie, 1435 Congress Avenue, stated that he has lived at his residence for 19 years and would
like to go on record in support of the Paine's request. He further stated that he has no knowledge of any
issues with drinking in the neighborhood and that occasionally music can be heard but it is not loud
Item - Rezone 1410 algoma 5
enough to be disturbing. Parking has not been a problem and he feels that the Paine has been a great
neighbor. He was in support of approving the requests for the Paine as it would help improve the property
as well as a benefit to the community.
Brian Wogernese, 1103 Washington Avenue, stated that he has lived here for five years and owns several
hotels in the city and the Paine attracts people to the community for events held there which impacts
businesses such as hotels, restaurants, etc. who benefit from the revenues spent in the community. He
supports the Paine's requests for improvements.
John Kelly, 1428 Algoma Boulevard, stated that he would like to address all the comments made so far by
the other parties present and he largely agrees with the other neighbors that the Paine is a lovely property.
He further stated that there was no wedding chapel on the site years ago and the other neighbors are not
located in the same area as his home. The former director of the Paine did not allow weddings on site and
those events did not commence until the 1990's. There were 95 events in 2007 and extending the height
of the wall would not resolve the noise issues in his opinion. He felt the proposed banners were in excess
of what is allowed in a residential area and should not be permitted. The use changes dramatically in
summer months due to the wedding events as there are five or six ceremonies on a single Saturday. The
traffic is loud and the intensity of use is unreasonable and excessive. He gave an example of another legal
action in his submission that he felt was comparable to this issue and stated that the Paine cannot legally
be allowed to have an extension or expansion of the nonconforming use on the property. He further
commented that he did not know what the community center function on the site was but he had no
objection to it if it involved only the Carriage House which is not located near his property. He has
brought suit against the Paine, which is pending, and if the wedding events would be ceased, the suit
would be dropped. He also wanted any amplification of sound on the site ceased and he felt the event
banners proposed were too busy and would look cheap. He asked that the Plan Commission reject the
application from the Paine. The Art Center and Arboretum are not objectionable but the property should
be restored to what it used to be prior to the wedding event practice. Previously they did not even allow
wedding photography on the site and discussed the sources of revenue the Paine has and how much was
incoming from the various events held there. He felt that the Paine should be funded by the patrons who
support the facility and not the private events held on the site. He also reviewed the Paine's investments
and felt that the additional revenue received from private events was not necessary. He stated that
restrictions should be placed on the facility to disallow any weddings or parties on the site. He also
commented that no one from the Paine discussed the use of the wedding area with his family prior to
commencing these activities and he felt it was their responsibility to initiate a dialogue with him regarding
the matter. In his opinion, alcohol should be prohibited on the grounds and he was disappointed with the
staff of the Planning Services office as far as the position they have taken on the matter. Additional
landscaping or raising the height of the wall would not do anything to resolve the matter nor will the
condition to prohibit the serving of alcohol within 100 feet of his property or not allowing amplification
equipment as part of the event. He reviewed all the conditions staff recommended for this request and
does not find them to be acceptable. The Paine does not comply with the standards placed on a
conditional use permit and the planned development request is not acceptable either.
Mr. Bowen questioned how close the canopy was to his property as it looks to be about 60 feet from the
property line.
Mr. Kelly responded that it was 60 -70 feet.
Mr. McHugh inquired how the size of the proposed banners conforms to the ordinance.
Item - Rezone 1410 algoma iv
Mr. Buck replied that no wall signage is allowed in a residential area and 10 -30% of the building's fagade
is allowable in commercial districts.
Mr. McHugh then questioned if the banners would conform in a business district.
Mr. Buck stated that he was not sure but that they probably would be too large.
Mr. Hinz asked how the decision on the request today would affect the pending lawsuit.
Mr. Kelly stated that if the weddings /parties were abolished, the lawsuit would be dropped.
Mr. Hinz then asked if the activities could continue on the site if the request was not approved today.
Mr. Buck responded that the current uses could continue even if the requests were not approved.
Mr. Kelly disagreed.
Mr. Borsuk suggested that the items be voted on as separate issues.
Mr. Nollenberger agreed.
Motion by Nollenberger to approve the zone change from R -1 C Single Family Central Residence
District to R -1 C PD Single Family Central Residence District with a Planned Development
Overlay as requested.
Seconded by Bowen.
Kristy Bradish, President of the Paine Art Center Board of Directors, 1219 Bayshore Drive, stated that the
Paine was an important community resource which draws hundreds of people in the community to the site
and attracts people to the city from other areas as well. The Paine operates without city funding and the
expansion will create local jobs. She further stated that the Paine is a quality organization and the outdoor
wedding events have been held at the site since 1981 and the Paine has records that support this claim.
Indoor wedding ceremonies were not allowed at the facility. The Paine does not have five to six wedding
events daily on Saturdays and four ceremonies in a day are rare. The normal number of wedding events
would be two to three and all events are approximately 30 minutes long and completed by 7:00 pm. Any
music is monitored and kept within 50 decimals. She reviewed the Paine's finances and commented that
Mr. Kelly has not been contacted regarding the proposed expansion plans as he is suing the organization
and they have been discouraged to contact him by counsel because of the pending litigation issue. She felt
the proposed plan will help the Paine to be a better neighbor.
George Curtis, Pickett, Wisconsin, stated that he was present as Mr. Kelly was a friend and client of his
and that Mr. Kelly has made efforts to work things out with the Paine. Mr. Bermingham was contacted
before the lawsuit was filed and pre -suit mediation was suggested however the Paine was not interested in
participating. He further stated that the Paine has to follow the laws for a nonconforming use and the gift
from the Paine family was for an art museum and arboretum and was meant for quiet enjoyment. Over the
last 15 years, the Paine has violated the gift by using the site for private events. When the zoning was
established, the pre- existing nonconforming use is protected however expansion of the use is not allowed
and such expansion makes the prior legal nonconforming use now illegal. The noise from weddings
events and other private parties was not present previously and he also cited a case in Mr. Kelly's
submission that he felt was similar to this issue. He also commented that we need to recognize that the
Paine is a special place and is privileged to be in a residential area but this privilege could be revoked with
Item - Rezone 1410 algoma _7
this unlawful expansion of use. The Paine is not a good neighbor in his opinion.
Mr. Fojtik left at 5:30 pm. Ms. Propp took over the role as Commission chair.
Mr. Thorns questioned how the zone change would impact the site.
Mr. Buck responded that the Plan Commission only makes a recommendation to the Common Council
and does not have the ability to approve the zone change but the planned development request cannot be
approved without first approving the zone change.
Mr. Thorns then questioned if the zone change would allow the legal nonconforming use to be
conforming.
Mr. Buck responded affirmatively and stated that the zone change would allow the use and the planned
development would allow the proposed improvements to the site.
Mr. Thorns stated that the zone change request would not change the underlying zoning for the parcel and
the planned development will correct the nonconforming issues which have been done in the past for other
parcels that were developed prior to the zoning classifications being established.
Mr. Buck added that the planned development would correct dimensional nonconforming issues on the
site.
Ms. Lohry commented that she lived at 1408 Elmwood Avenue by the Paine for 23 years from 1974
through 1996 and has personal knowledge that the Paine allowed at least wedding photographs taken on
site at that time. She further stated that the Paine was a delightful place and she did not feel that three
weddings a day were a horrible or unreasonable practice.
Mr. Borsuk stated that if there is adverse change to the facility the zone change would allow the Paine to
rebuild the structure and he felt we need to maintain this facility.
Mr. McHugh inquired how confident the staff was that the City was correct in the position they have taken
on the matter.
Mr. Buck responded that we are positively confident in our recommendation.
Mr. Thorns commented that this was not spot zoning and that the Plan Commission has addressed other
issues similar to this one in the past and the use was consistent with the Comprehensive Plan.
Motion carried 9 -0.
Item - Rezone 1410 algoma `�
( 0
OfHKQfH
ON THE WATER
APPLICANT INFORMATION
Petitioner:
City of Oshkosh Application
Rezoning
* *PLEASE TYPE OR PRINT USING BLACK INK **
Petitioner's Address: I m �Qd,4 City:
SUBMIT TO:
Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, Wisconsin 54903 -1130
PHONE: (920) 236 -5059
�i( x. Date: // 2 ,f 3
, State: �L zip: 5-7/2'a
Telephone #: (Jzo) 23 5- &jo 3 Fax: (�7Z) 7_3 S = 6 36 3 Other Contact # or Email: 4&1 fo 11 ge gG 1 je. r1'r
Status of Petitioner (Please Check): KOwner (.Representative ❑ Tenant ❑ Prospective Buyer (/
Petitioner's Signature (required):
OWNER INFORMATION
ey � PkA C .
Owner(s): &AZ l' 4.1 -TAA- 44-!K (9-L{�ln/1.
Owner(s) Address: 1 City:
Telephone #: (f2o) � ; =�qa 3 Fax: ( 7 2,,N) ,7 3S �� 76 ?i
Date: tl Zi' o
,P Date: !I Z? 0
o 54 & , ,0 4 State: L (/! zip: 5 1
Other Contact # or Email:
Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership 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 Planning Serxices Division for incomplete submissions or other administrative reasons.
Property Owner's Signature:
Date: II Z d
Rezone property from: A. 1 v to
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:
Staf Date Rec'd �'�!' 09
17
Zoning Adjacent to the Site: North:
South:
East:
West:
SUBMITTAL REQUIREMENTS — Must accompany the application to be complete.
A Map of the immediate area showing property involved. Area to be rezoned must be outlined in color
g A site plan drawn to readable scale showing present status of property and proposed development
A Street address, adjacent streets, intersections and any other information or landmarks to help identify the property
Location of existing uses, structures, fences and signs and location of proposed uses, structures, fences and signs
Pk 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 zone changes. The petitioner or owner
should be present at both the Plan Commission and Common Council meetings to discuss and answer
questions regarding the request.
Neighborhood opinion is an important factor in the decision - making process. For complex or controversial
proposals, it is recommended that the petitioner 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 mailing list for the neighborhood meeting. Please note that a meeting notice will be mailed to all
abutting property owners regarding your 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. 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.
The Plan Commission's decision 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 2nd and 4` 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 H notice in the local newspaper, the City takes care of this publication requirement prior to
the Council meeting.
If Council approves the rezoning, 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
2
NARRATIVE
Planned Development and Conditional Use Permit Application
Paine Art Center and Gardens
11/20/09
The Paine property at 1410 Algoma Blvd. is currently used as a museum, art center, and
community center. The use of the 1421 Elmwood Ave. property is currently single - family residential.
The Elmwood property is proposed to be incorporated into the Algoma property, and the combined
property will function under the conditional uses of museum, art center and community center.
Main House —The largest structure on the Paine property is maintained and operated as a
historic house museum and art center featuring period -style interiors, changing exhibitions, and
educational displays. The use of this structure will remain the same as it has since 1948.
Small Garage —This structure, near the main house, is used for storage of chairs and ladders.
Carriage House —The first floor of this structure is used as a community center for meetings,
educational programs, and events. The second floor is used as offices. The use of this structure will
remain the same, but the structure is proposed to be expanded and renovated to provide improved
handicapped accessibility, safety, and function.
Garden Building (existing) —This structure is used for storage of garden maintenance equipment
and supplies. The primary location for garden maintenance is proposed to be a new structure. The
existing structure would be used for storage of tables, chairs, and a tent.
Garden Garage (new) —This new structure is proposed to be used for storage of garden
maintenance equipment and supplies. The area surrounding the new building will have solid fencing
and will be used for garden maintenance activities.
Gardens — The Paine property is maintained as a botanical garden and features numerous
garden designs with extensive landscaping as well as historic architectural features, such as stone and
stucco walls, wrought -iron fencing, and stone balustrades. The gardens are planned to be expanded and
enhanced along Elmwood Ave. with the incorporation of the adjacent property. This area is proposed to
be enclosed with a solid wall that resembles the existing walls and columns of the Paine property.
The combined Algoma and Elmwood properties will be 3.78 acres (164,578 sq. ft). Existing
structures total approximately 40,000 sq. ft. of floor area. New structures will total approximately 3,000
sq. ft. of floor area. There is no public parking on the property with the exception of two courtesy
accessible parking spaces. All other parking is short-term for deliveries and service vehicles. A new
drop -off area near the public entrance of the main house will be approximately 2,500 sq. ft. The existing
asphalt driveway will be replaced with concrete, pavers, and /or similar materials.
There will be no adverse effects on adjoining properties. The Paine operates seven days a week
with daytime and evening activities as it has for the last 60 years.
The use of the property is consistent with other uses in the area. The Paine property adjoins a
church and school, and the Oshkosh Public Museum is across the street.
Traffic generation will be unchanged. Approximately 50,000 people visit the Paine property
each year with an average of 100 people on weekdays and 250 people on weekend -days.
The application includes designated sites for a temporary canopy and a temporary tent as well
as a site for displaying a temporary banner on the exterior of the Paine.
The Paine property is listed on the National Register of Historic Places, and all changes and
additions to the property will preserve and complement the historic character of the existing structures.
The proposed changes will improve accessibility and safety while also enhancing the property
for the benefit of the community and visitors.
CUP /PD & REZONING
MURPHY JR JOHNJ
PAINE ART CENTER & GARDENS
PAINE ART CTR & GARDENS
1422 ELMWOOD AVE
ATTN AARON SHERER
1410 ALGOMA BLVD
OSHKOSH WI 54901
1410 ALGOMA BLVD
1421 ELMWOOD AV
OSHKOSH WI 54901 7708
PC: 12 -15 -09
MANKINI PAUL G /ULRIKE H
KAUFMAN KIRK J:
MARTIN LUTHER EVANG CHURCH
1408 ELMWOOD AVE
1414 ELMWOOD AVE
1526 ALGOMA BLVD
OSHKOSH WI 54901 2734
OSHKOSH WI 54901 2734
OSHKOSH WI 54901 2721
RE 1512 ALGOMA BLVD
SMERLING ETAL JERRY
KELLY. JOHN M
WINDLE JOHN L
1402 ELMWOOD AVE
1428 ALGOMA BLVD
1320 KENSINGTON AVE
OSHKOSH WI 54901 2734
OSHKOSH WI 54901 2719
OSHKOSH WI 54902 6245
RE 1324 ELMWOOD AV
CITY OF OSHKOSH
GILLESPIE MR /MRS PETER J
WOERPEL DENNIS H
PO BOX 1130
1435 CONGRESS AVE
1413 CONGRESS AVE
OSHKOSH WI 54903 1130
OSHKOSH WI 54901 2751
OSHKOSH WI 54901 2751
RE 1331 & 1401 ALGOMA BLVD
WELLS RICHARD H /CHRIST
1423 CONGRESS AVE
OSHKOSH WI 54901
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DISCLAIMER
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosb is not re-
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
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This drawing is s a compilation of records, data
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the area shown and it is to be used for reference
purposes only. The City of Oshkosh Is not re-
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If discrepencies are found, please contact the
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11/24/091
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