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HomeMy WebLinkAbout11-367AUGUST 23, 2011 11 -367 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE REZONING THE AREA BOUNDED BY OTTER AVENUE ON THE NORTH, STATE STREET /MAIN STREET ON THE WEST, COURT STREET /BROAD STREET ON THE EAST AND THE FOX RIVER ON THE SOUTH FROM C -3 CENTRAL COMMERCIAL TO C -3 CENTRAL COMMERCIAL WITH A PLANNED DEVELOPMENT OVERLAY AND FROM C -3 CENTRAL COMMERCIAL WITH A DOWNTOWN OVERLAY TO C -3 CENTRAL COMMERCIAL WITH A DOWNTOWN OVERLAY AND PLANNED DEVELOPMENT OVERLAY INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT 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 C -3 Central Commercial to C -3 Central Commercial with a Planned Development Overlay and from C -3 Central Commercial with a Downtown Overlay to C -3 Central Commercial with Downtown Overlay and Planned Development Overlay. Area Generally Bounded by Otter Avenue on the north, State Street/Main Street on the west, Court Street/Broad Street on the east and the Fox River on the south — as described in the attached "Exhibit A" 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 #11 -XXX APPROVE REZONING THE AREA BOUNDED BY OTTER AVENUE ON THE NORTH, STATE STREET /MAIN STREET ON THE WEST, COURT STREET /BROAD STREET ON THE EAST AND THE FOX RIVER ON THE SOUTH FROM C -3 CENTRAL COMMERCIAL TO C -3 CENTRAL COMMERCIAL AUGUST 23, 2011 11 -367 ORDINANCE FIRST READING CONT'D WITH A PLANNED DEVELOPMENT OVERLAY AND FROM C -3 CENTRAL COMMERCIAL WITH A DOWNTOWN OVERLAY TO C -3 CENTRAL COMMERCIAL WITH A DOWNTOWN OVERLAY AND PLANNED DEVELOPMENT OVERLAY on September 13, 2011. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.ci.oshkosh.wi.us Clerk's phone: (920) 236 -5011. EXHIBIT A Area Generally Bounded by Otter Avenue on the north, State Street/Main Street on the west, Court Street/Broad Street on the east and the Fox River on the south Rezone From C -3 to C -3 PD All of Lots 1 thru 12 excluding the S 130 ft of the N 444.20 ft. of Lots 10, 11 & 12 and excluding the W 5 ft. thereof, all in Block 18, LM Miller's 1st Addition, 8th Ward, City of Oshkosh, Winnebago County, Wisconsin plus public right -of -way abutting said lots extending to the centerline of Broad Street, Ceape Avenue and Court Street. Rezone From C -3 DO to C -3 DO with a PD All of Lots 1 thru 8, excluding the N 260 ft. of Lots 7 and 8, Block 17, also Lots 6, 9, 10, 15 & 16, Block 16; also Lots 5, 6, 25 & 26, Block 20, all in LM Miller's 1 st Addition; also Lots 2, 3 & 4, Block 16, Moore & Bocks Subdivision. Also Lot 1, CSM No. 6237, recorded as Doc. No. 1473372; also Lots 1 and 3 of CSM No. 1197, recorded as Doc. No. 602518, all in the Register of Deeds Office, Winnebago County, Wisconsin. All lots are in the 8th Ward, City of Oshkosh, Winnebago County, Wisconsin, plus public right -of -way abutting said lots extending to the centerlines of Court Street, Ceape Avenue, Otter Avenue, State Street and Main Street o WAUGOO 17 A VE E maw. lb C/) ? AVE. 0 'A� 0 LLJ 21� "01* LU K X C-) 12, Y , x X x X, x� Rezone From C-3. DD CID To C-3 DO & PD X X, X, " Fox River SAY AVE. 45 31 17 U) /0' Rezone F Qo From C-3 AVE. E. 7TH AVE. To C-3 PD RK AVE. E. 8TH AVE. Dec des property DISCLAIMER This map is neither a legally recorded map nor Rezone a survey and it is not intended to be used as one. This drawing Is a compilation of records, data From C-3 DO and C-3 Of HKO-f H and information located in various city, county and state offices and other sources affecting To C-3 DO & PD AND C-3 PD ON THE WATE14 the area shown and it is to be used for reference City of Oshkosh purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. Department of If discrepancies are found, please contact the Community Development City of Oshkosh. Scale: 1 300' Created by - D 8111/11 At O.IHKOfH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Buric Director of Tanning Services DATE: August 18, 2011 RE: Approve Rezoning the Area Bounded by Otter Avenue on the North, State Street/Main Street on the West, Court Street/Broad Street on the East and the Fox River on the South From C -3 Central Commercial to C -3 Central Commercial with a Planned Development Overlay and From C -3 Central Commercial with a Downtown Overlay to C -3 Central Commercial with a Downtown Overlay and Planned Development Overlay (Plan Commission recommends approval) BACKGROUND The subject area is generally located along the river between the City Center Hotel (1 N. Main Street) on the west and the Leach Amphitheater on the east which also includes the City's Ceape Avenue parking lot on Ceape Avenue and Otter Avenue. The zone change includes 10 properties with only one not owned by the City (City Center Hotel). The City owned properties include the Convention Center, Riverside Park, Riverside parking lots and Ceape Avenue /Otter Avenue parking lots. All properties included in the zone change are those that have had a significant investment by the City in one form or another which does include the City Center Hotel that was included in TID # 4 that was closed in recent years. ANALYSIS The City's Comprehensive Plan, Downtown Action Plan, and the recent Vision Report are promoting the downtown and riverfront as a tourist and entertainment destination with the desire to redevelop the area into a mixed -use entertainment and retail center for the city. While the City works on the goal of developing such an overlay for the overall riverfront area, the Planned Development is currently being requested to ensure that any potential changes in land use are harmonious with intended land use for this area as identified in the aforementioned plans. The subject properties are currently zoned Central Commercial (C -3) and Central Commercial with Downtown Overlay (C -3DO). The Downtown Overlay does not regulate land use other than prohibiting residential uses and the C -3 district permits a wide variety of potential uses that would not be in the category of "mixed -use entertainment and retail ". The proposed zone change to add the PD overlay and a follow -up Planned Development approval would limit the re -use of the properties and would be in the City's best interests as the PD offers flexibility with base zoning requirements and provides community review and approval of new development design through the Plan Commission and Common Council. The PD is proposed as a "Mixed -use entertainment, hotel, and retail district" and any new uses proposed would have to fall under this broad category of land usage. Questions have been raised about why the law offices at 217 Ceape Avenue weren't included in the zone change and that the City Center Hotel was included in the zone change. For the initial rezoning, properties were included that the city has made an investment in order to help sustain that taxpayer investment which of course includes all of the city owned properties but also the City Center Hotel for which the community made a sizable investment in the early 80's that resulted in the creation of TID 44 that was eventually closed in 2009. Including the hotel and limiting the reuse of the property to hotel and convention center types of uses (not extended stay) is in keeping with the previously adopted redevelopment and TID project plans for the area. The zone change actually includes all of previous TID #4 (which did not include the property at 217 Ceape Avenue) and has been expanded to include the Leach Amphitheater site and the Otter East parking lot, both of which are owned by the city and because there is still some development potential in this area, the PD overlay gives some flexibility with the underlying zoning standards should a project be proposed. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its July 19, 2011 meeting. Approved, 1 &4 /� City Manager ITEM A: ZONE CHANGE TO ADD A PLANNED DEVELOPMENT OVERLAY TO PROPERTIES LOCATED ON CEAPE AVENUE AND OTTER AVENUE FROM NORTH MAIN STREET TO BROAD STREET B: APPROVE PLANNED DEVELOPMENT FOR OVERLAY DISTRICT Plan Commission meeting of July 19, 2011 GENERAL INFORMATION Applicant: City of Oshkosh Administration Owner: Multiple Action(s) Requested: Zone change to add a Planned Development Overlay to areas zoned C -3 and C -3DO. Approve Planned Development for the overlay district to specify new uses permissible in the district. 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 subject area is generally located along the river between the City Center Hotel (1 N. Main Street) on the west and the Leach Amphitheater on the east which also includes the City's Ceape Avenue parking lot on Ceape Avenue and Otter Avenue. The zone change includes 10 properties with only one not owned by the City (City Center Hotel). The City owned properties include the Convention Center, Riverside Park, Riverside parking lots and Ceape Avenue /Otter Avenue parking lots. SuNect Site Existing Land Use Zonin Commercial and Institutional C -3D0 Ad_lacent Land Use and Zonin Existing Land Use Zonin North Commercial .............. .........._._....._....._._._.........................................._....._............._....................... .....I..........._I.........._. _. 20 Year Land Use Recommendation C -3D0 South ... ............._...._._........_. . Fox River N/A Commercial law offices and Institutional Leach ( ) ( C -3 East _ Amphitheater) West Commercial (City Center mall C -3D0 Comnrehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Mixed Downtown 20 Year Land Use Recommendation Mixed Downtown Item -Zone change /Riverfront ANALYSIS The City's Comprehensive Plan along with the Downtown Action Plan and more recently the Vision Report have advocated for promoting the downtown and riverfront as a tourist and entertainment destination and as such has moved extensively to implement this goal. In the early 1980's, the City helped to create the City Center Hotel site by using its power to assemble property and built the Oshkosh Convention Center (TID # 4) and more recently completed a rehabilitation of that convention center, built the Leach Amphitheater in a public /private partnership, and most recently has completed the first segment of its riverwalk from the Leach to Main Street. With respect to the Vision Report, over 90% of the survey participants of the recent visioning process identified that the waterfront should include more restaurants, marinas, and completion of the riverwalk on both sides. Further, in a mapping exercise (Map No. 4 Future Growth, page 51, Vision Report) the participants revealed a desire to concentrate entertainment and commercial development along the waterfront and the downtown area. In that vein and as part of the "First Priorities" as recommended in the report, it recommends to "Develop a waterfront overlay plan for the "urbanized" /downtown section of the riverfront in order to encourage redevelopment of the area into a mixed -use entertainment and retail center for the city." While the City continues to work on the goal of developing such an overlay that will eventually include this area, the PD is requested at this time as a safety measure should any significant changes in use or new development be proposed that would conflict with the community's land use goals for this area. The subject properties are currently zoned Central Commercial (C -3) and Central Commercial with Downtown Overlay (C -3DO). The DO is essentially an architectural control district that doesn't regulate land use other than prohibiting first floor residential and new single and two family uses. The C -3 district however could permit a wide variety of potential uses that would not be in the category of "mixed -use entertainment and retail ". With there being some question as to the long -term status of the hotel (as well as the talk of there potentially being a new hotel) it was thought that protecting this area from uses that would not fall under the "mixed -use entertainment and retail" would be beneficial for the long term interests of the community and the investments it has made in this area. A simple zone change to add the PD overlay and a follow -up Planned Development (PD) approval to limit the re -use of the privately owned and developable properties would be in the City's best interests. The PD also offers flexibility with base zoning requirements should there be some issue with proposed new development as well as providing community review and approval of new development site design through the Plan Commission and Common Council. The PD designation is appropriate for the area as this area could fall under the classification as a "redevelopment area" or a "special area" under the ordinance in Section 30 -33 (A)(1)(c). The PD is proposed as a "Mixed -use entertainment, hotel, and retail district" and that any new uses proposed would have to fall under this broad category of land usage. However, a property owner can maintain their existing use as a "conforming use" and transfer that to another use of the same category of land use. For example, the hotel could transfer to another hotel use but it could not change use to a multiple family, elderly or assisted living type use. The intent of the PD is not to hinder a property owner's ability to maintain or transfer to similar types of uses but to prevent a use change to another use that would not fall under the category of mixed -use entertainment, hotel or retail and not harmonious with the intended use of the area per the plans as discussed above. Item -Zone changelRiverfront RECOMMENDATION A. Rezoning Staff recommends approval of the zone change to add the Planned Development Overlay Zoning Designation, as requested. B. Planned Development Staff recommends approval of the Planned Development for the district with the following conditions: 1) All existing uses are permitted to remain as conforming uses and may transfer to another similar type use with a similar density and intensity of development. 2) All new development or change of land uses shall be reviewed as a Planned Development and must fall under the broad land use classification of entertainment, hotel, and retail district and include, but not limited to, the following uses: a. Restaurant b. Delicatessen c. Tavern d. Hotel e. Marina f. Convention or exhibition halls g. Market h. Similar use to those listed above. The Plan Commission approved of the rezoning and planned development designation with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Burich presented the item and reviewed the site and surrounding area as well as the current zoning classifications in said area. He explained that based on the Comprehensive Plan, the Downtown Action Plan, and the Vision Report, the City wished to promote a certain type of activity on the riverfront. The zone change to add the Planned Development would allow for approval to limit the re -use of the privately owned properties to be in the City's best interests and offers flexibility with base zoning requirements. He added that all the properties within this area are currently owned by the City other than the parcel that contains the City Center Hotel and he reviewed the Planned Development conditions recommended for this request. Mr. Borsuk questioned why the entire block on Ceape and Otter Avenues was not included. Mr. Burich responded that the main area to be addressed was along the riverfront and the two larger parcels on the block that were not included were occupied by the Post Office and the City's Fire Department both which are unlikely to change uses in the near future. Motion by Vajgrt to approve the zone change to add a planned development overlay to properties located on Ceape Avenue and Otter Avenue from North Main Street to Broad Street and to approve the planned development for the overlay district as requested with the following conditions: 1) All existing uses are permitted to remain as conforming uses and may transfer to another similar type use with a similar density and intensity of development. 2) All new development or change of land uses shall be reviewed as a Planned Development and must fall under the broad land use classification of entertainment, hotel, and retail district and include, but not limited to, the following uses: Item -Zone change /Riverfront a. Restaurant b. Delicatessen c. Tavern d. Hotel e. Marina f. Convention or exhibition halls g. Market h. Similar use to those listed above. Seconded by Cummings. Motion carried 8 -0. m Oshkosh's major untapped resource. Key Findings • 98 % *of participants thought a waterfront walkway would be appropriate for the city verifying the completion of this element must be a first priority for Oshkosh The addition of more restaurants along the • g waterfront was overwhelmingly appropriate. With 95% of participants giving it a favorable response. • Respondents were split on the appropriateness of single family housing along the waterfront*. But, the results of Map No. 4 Future Growth, suggests that multifamily housing is more appropriate along the waterfront. • Only 1% of respondents thought that a waterfront marina would be inappropriate. _ • When asked about the continuation of a riverfront walkway on the South side of the river, 94% of respondents thought it would be appropriate.* 51 • The results shown on Map No. 4 Future Growth reveal a desire to concentrate entertainment and commercial development along the waterfront and in the downtown area. Map No. 4 - Future Growth (close up) NESS AVE / �/ 1S /vim 2 c Entertainment /Restaurant Commercial 4A A. Nelessen Associates, Inc. - Visioning I Planning I Urban Design I V, S, U ,--) RK_ PC 0 The following actions should be the City's first steps towards implementing the Vision described in this document. • Adopt this Vision Report as a non - binding resolution by the Steering Committee, the Planning Board, and the City Council. • Ensure that the Vision Report is review by all city staff. • Adopt a mission statement to declare the City of Oshkosh as a healthy, sustainable, green city with a great waterfront. • Any plans or development proposals incorporating neo- traditional, New Urbanist, and smart growth principles should be given priority in the permitting process. • A design charrette for the area encompassing south and north Main Street, as well as the University, should be complete in order to develop a single coordinated consensus driven design plan for the area. ' Begin revisions to all land use, transportation, streets, and parking regulations in order to bring them in to compliance with this plan. • Develop a waterfront overlay plan for the "urbanized" /Downtown section of the river front in order to encourage redevelopment of the area in to a mixed -use entertainment and retail center for the City. • Complete the waterfront walkway on both sides of the river with a differentiation between the downtown urban riverfront between the Ohio St bridge and the rail bridge and a more naturalized and park -like riverfront walkway along the rest of the river. • Implement the model resolutions, land use and zoning language included in the appendix to en- courage and promote community gardens, farmers' markets, and a healthy Oshkosh. • Develop and implement a comprehensive bicycle network, along with clear signage and maps, that connects not only the neighborhoods within Oshkosh, but connects to the surrounding communities as well. • City government should work with stakeholders to build on this Vision Report to create consensus on controversial issues and make strong decisive leadership decisions where consensus already ex- ists, such as riverfront development. All aspects of the city, from residents to council members to city employees need to adopt a "Can Do" attitude in order to move the city forward and achieve any of the goals of this Vision. • PLANT TREES! Plant trees everywhere and anywhere possible, as well as develop a tree canopy goal for the City of Oshkosh. • Rebrand the City as Wisconsin's Healthiest City. • Continue involvement and strong support of the New North. • Bury utilities and repave streets where possible - specifically on priority streets and redevelopment areas • If a project, public or private, does not meet the standards of the Vision Plan, do not approve. Os- "'71 A. Nelessen Associates, Inc. - Visioning Planning I Urban Design REZONING PETITION CITY CENTER ASSOCIATES LLC WINNEBAGO COUNTY CEAPE & OTTER AV 246 CITY CTR PO BOX 2808 N MAIN ST TO BROAD ST OSHKOSH WI 54901 OSHKOSH WI 54903 2808 PC: 07 -19 -11 WISCONSIN PUBLIC SERVICE 700 N ADAMS ST GREEN BAY WI 54301 5145 STATE STREET SUITES LLC 128 STATE ST OSHKOSH WI 54901 4837 COMMERCE PARTNERS LLC 191 CHURCH ST LOMIRA WI 53048 BOLER PETROLEUM CO PO BOX 1220 OSHKOSH WI 54903 1220 CALMES JERRY E /KANDIS K W4110 KROPP RD BLACK CREEK WI 54106 7947 NASHCO HOSPITALITY GROUP LLC 1 N MAIN ST OSHKOSH WI 54901 FIRST WISC NATL BANK OSHKOSH 111 N MAIN ST 407 OSHKOSH WI 54901 4869 CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54903 1130 KARGUS REV TRUST GORDON R 1721 S MAIN ST 1 OSHKOSH WI 54902 6980 OSHKOSH HOUSING AUTHORITY PO BOX 397 OSHKOSH WI 54903 0397 SCHETTL MICHAEL J 62 BROAD ST OSHKOSH WI 54901 DAYMARK 100 N MAIN LLC /OSHKOSH 620 LLC 3190 GATEWAY RD STE 102 BROOKFIELD WI. 53045 5167 BAYSHORE DEVELOPMENT II LLC 40 W 6TH AVE OSHKOSH WI 54902 6036 HEFFERNON SHERRY 215 OTTER AVE OSHKOSH WI 54901 HOOPER COMMUNITY CTR INC 36 BROAD ST OSHKOSH WI 54901 5246 WHITING WALTER F MCMAHON MICHAEL 5247 6374 BONNIE VIEW PICKETT WI 54964 GABRIELSON PROPERTIES LLC BERMINGHAM JR ETAL JOHN E 721 S COMMERCIAL ST 217 CEAPE AVE NEENAH WI 54956 3313 OSHKOSH WI 54901 5061 10 is i I 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 Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. ft ■ FOX RIVER REZONING PETITION CEAPE & OTTER AV N MAIN ST TO BROAD ST Scale: 1 " = 250' Iy� ' I I I N O.fHKO.fH ON THE ware" City of Oshkosh Department of Community Development Created by - dff 07/11/1 ; a V. OTMA wo lf FP oi l as s i i r ij 59 m. H HIM '. OF �M `n�lli ■wt PR ; 1 lh� Qp a to It 11 �, illl 17 �7T I a 1111! iou I'i ' 2 200 IF 111111 - . 011111 w� 1 y ®I[t�dl :1111111 j . X1111111 t� oil 11100 11111111 � AD o11 11110 illlllll im. :1111111 11111111:. �� 111110 11111111 ,'■� i IIICIi illlllll =1I RUN 11111111 i . I IIIIU�n El 05 i c .� 11 =W ! 11 a��,�� {. U l • 1I II � • � 1 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 Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. C reated by - dff REZONING PETITION CEAPE & OTTER AV N MAIN ST TO BROAD ST Scale: 1 " = 250' N O.IHKO.lH ON THE WATER City of Oshkosh Department of Community Development 07/11111