HomeMy WebLinkAbout02. 12-541NOVEMBER 13, 2012 12 -541 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE REZONING 1331 ALGOMA BOULEVARD (OSHKOSH
PUBLIC MUSEUM) FROM R -1C SINGLE FAMILY CENTRAL
RESIDENCE TO R -1C SINGLE FAMILY CENTRAL RESIDENCE
WITH A PLANNED DEVELOPMENT OVERLAY
INITIATED BY: OSHKOSH PUBLIC MUSEUM
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 Oshkosh Public Museum at 1331 Algoma Boulevard from RAC
Single Family Central Residence to RAC Single Family Central Residence with a
Planned Development Overlay
312.75 ft. front on Algoma Blvd. by 474.9 ft. on High Ave. off the northwesterly end of
Block 118 and 121, Replat of Winnebago, 12th Ward, City of Oshkosh, Winnebago
County, Wisconsin plus public right-of-way abutting said lot extending to the centerlines
of Algoma Blvd., High Avenue and Congress 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 #12 -xxx APPROVE REZONING 1331 ALGOMA BOULEVARD
(OSHKOSH PUBLIC MUSEUM) FROM RAC SINGLE FAMILY CENTRAL
RESIDENCE TO RAC SINGLE FAMILY CENTRAL RESIDENCE WITH A PLANNED
DEVELOPMENT OVERLAY on November 27, 2012. 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.
U.IHKUIH
ON THE Y/ATfq
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: November 8, 2012
RE: Approve Rezoning of 1331 Algoma Boulevard (Oshkosh Public Museum) from R -1 C
Single Family Central Residence to R -1 C Single Family Central Residence with a
Planned Development Overlay (Plan Commission recommends approval)
BACKGROUND
The approximate 3 acre site is located at 1331 Algoma Boulevard, at the southern side of the
intersections of Congress Avenue /High Avenue and Congress Avenue /Algoma Boulevard. The
Oshkosh Public Museum has operated at this site since 1924 and includes the 1908 Edgar P. Sawyer
Home with attached Steiger Wing, 1908 carriage house and reproduction of a 19th century fire house.
The site also includes two parking areas totaling 39 parking spaces as well as limited outdoor display
pieces. The museum is listed on the National Register of Historic Places and is located within the
Algoma Boulevard Historic District situated among numerous historic homes and other
cultural/institutional uses.
ANALYSIS
The petitioner is requesting approval to rezone the subject property's existing R -1 C Single Family
Central Residence District to R -1 C 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 /conditional use that will remove the legal nonconforming status of the existing museum
facility as well as to permit the implementation of an Oshkosh Public Museum Master Plan, Planned
Development designation is beneficial to the Oshkosh Public Museum 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.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its October 16, 2012 meeting.
Approved, ,rte
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 1331 ALGOMA
BOULEVARD (OSHKOSH PUBLIC MUSEUM}
Plan Commission meeting of October 16, 2012
GENERAL INFORMATION
Applicant /Owner: City of Oshkosh
Action(s) Requested:
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 (PD). The subject area being zoned residential
(R -1 C) significantly restricts any site changes /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 while providing the ability for adjustments to zoning
standards that are unique to the historic use of the land.
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 acre site is located at 1331 Algoma Boulevard, at the southern side of the intersections
of Congress AvenuefHigh Avenue and Congress Avenue /Algoma Boulevard. The Oshkosh Public
Museum has operated at this site since 1924 and includes the 1908 Edgar P. Sawyer Home with attached
Steiger Wing, 1908 carriage house and reproduction of a 19 "' century fire house. The site also includes
two parking areas totaling 39 parking spaces as well as limited outdoor display pieces.
The historic use of the property as a museum, now in its 88th year is listed on the National Register of
Historic Places. The subject property is located within the Algoma Boulevard Historic District and is
situated among numerous historic homes and other cultural/institutional uses including but not limited to
the Paine Art Center & Gardens, Summit Avenue Row Houses, Martin Luther Evangelical Church and
Hikers Monument & Paine Conservancy.
Subject Site
EYisfita g Land Use
Zoning
Institutional — Oshkosh Public Museum
R -1C
Adjacent Land Use and Zoning
Existin Uses
Zoning
North
Institutional --- Hikers Monument/Paine Conservancy
across Congress St)
R -1C
South
Single and two -Family_ Homes
R -1C
East
Open space & Single- Family Homes
(across Algoma Blvd
R -1 C
West
Institutional — Church across High Ave)
R -S
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 -1 C 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/conditional use that will remove the legal nonconforming status of the existing museum
facility as well as to permit the implementation of an Oshkosh Public Museum Master Plan that requires
slight adjustment to the underlying zoning standards that would not necessarily be appropriate for other
new developments.
Planned Development designation is beneficial to the Oshkosh Public Museum 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 nonconformitics 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
Staff recommends approval of the zone change from R -1 C 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 the items and stated that they would be discussed together as they were closely related
and reviewed the site and surrounding area as well as the zoning classifications and land use in said area.
Rem- Rezone 1331 Algoma ?1
He stated that the Museum has been operating at this site since 1921 and is part of the historic district in
this area. He explained that the request was very similar to the one approved last year to rezone the Paine
Art Center's property as both the Museum and the Paine are grandfathered uses for which a conditional
use permit brings the existing use into conformance with City code standards and is consistent with the
Comprehensive Plan. He reviewed the main improvements that the Museum was planning to complete in
the future which were alterations to the entrance drive and parking facility, outdoor displays /features and
structure additions, walkway system and landscaping, and signage for the site. He discussed the
relocation of the Algoma Boulevard access drive and that the three drive accesses would require an access
control variance however it would increase pedestrian safety. He also discussed the limitation of parking
in this area and the Museum's desire to create an aesthetically pleasing environment around the structure.
He reviewed the conceptual plans for the outdoor features proposed to be added and that since accessory
structures are not allowed to be placed in the front yard, a base standard modification would be necessary
as the Museum property possesses three front yards. He also reviewed the walkway system proposed and
discussed the limited signage allowed on the site due to its R -1 zoning classification. He explained that
the Museum was proposing to relocate the entrance sign and add two directional signs on High Avenue.
He also reviewed the conditions recommended for this request.
Mr. Thorns questioned if the zoning classification for current use of the Museum property was
nonconforming.
Mr. Buck responded that it is considered a legal nonconforming use.
Mr. Thoms then questioned if the R -1 C zoning classification with a Planned Development overlay would
bring the Museum into a conforming use.
Mr. Buck responded affirmatively.
Mr. Thorns also inquired if the base standard modifications for the access control variance and setbacks
were to address current issues on the site or future features planned for it.
Mr. Buck indicated that the base standard modifications were meant to address both current and future
features of the Museum's site.
Mr. Thorns voiced his concern about approving new features at the Museum with the CUP/PD approval
without knowing what all of them may be.
Mr. Buck replied that any major changes to the submitted plan will have to come back to the Plan
Commission and Common Council for an amendment to the CUP/PD.
Mr. Thorns also voiced his concern about the use of the base standard modification for allowing signage
as if the property was zoned C -1 Neighborhood Business Zoning District as he felt the signage could be
further restricted if necessary and did not wish to set precedence for other requests.
Mr. Buck suggested that condition #3 be modified by adding "as proposed within submitted application
packet" which would require the signage to come back for further review if it is revised at a later date.
Emily Richardson, 1301 Algoma Boulevard, stated that she lives next to the Museum and has reviewed
the new plan and is in support of it. She would life to see the Museum become a destination for residents
and tourists and felt that the relocation of the driveway would make navigating the site less confusing.
Item- Rezone 1331 Algoma
Ms. Propp questioned if the relocation of the driveway on AIgoma Boulevard would restrict on street
parking in that area,
Bradley Larson, Director of Museum, responded that there would be the loss of two parking spaces on
Algoma Boulevard.
Ms. Propp also questioned if the City owns the triangular property adjacent to the Museum where the
hiker's monument is located as the plantings in that area are beautiful.
Mr. Buck indicated that the property was owned by the Paine Art Center.
Mr. Cummings commented that he felt the plan was long overdue as the Museum does not get utilized to
its full potential at this time.
Motion by Nollenberger to approve the zone change from R -1 C Single Family Central Residence
District to R -IC PD Single Family Central Residence District ivith a planned development overlay
at 1331 Algoma Boulevard.
Seconded by Propp. Motion carried 8 -0.
Item -N one 1331 Algoma 4
City of Oshkosh Planning Services
215 Church Avenue PO Box 1130
REZONING Oshkosh, WI 54903 -1130
01HKOIH APPLICATION 920 - 236 -5059
O.Y THE WAIEN
property and Fro;ect information
Property Address: 1331 Algoma • Oshkosh
Parcel Dumber:
12- 0263 -0000
Existing Zone District R -1 C
Lot Size Frontage: 474.9 ft. Depth: 366'6 f. Area: 2.92 Acres /5 q Ft
❑Rectangle W Irregular
Comprehensive Plan Future Land Use Map Designation Public & institutional
Current use of property
Public Museum
Proposed use of property Public Museum
Proposed Zone District R -1 C with PD Overlay
Legal Description (to be provided in digital form, MS Word format)
Organization
City of Oshkosh
Mailing Address
1331 Algoma Blvd
Business Phone 920 -236 -5769
Fax 920 - 424 -4738
City Oshkosh State Wl zip 54991 E -Mail blarson @ci.oshkosh.wi.us
2. Applicant Interest
The applicant must have a legal interest in the subject property:
ZProperty Owner ❑Purchaser by Option or Purchase Agreement
Purchaser by Land Contract Lessee /Tenant
3. Property Owner Fy—,] Check here if Applicant is also Property Owner
Identify the person or organization that owns the subject property:
Name Cell Phone
Organization Business Phone
Mailing Address Fax
City State Zip E -mail
Page 2 of 7
9/14120'11
City of Oshkosh Planning Services
215 Church Avenue PO Box 1130
fHKOfH REZONING 920 236 0594903 -1130
oN MEYAIM REVIEW STANDARDS
The Plan Commission and the Common Council may consider whether the proposed zone change meets the
following standards:
A. Explain how the proposed zone district designation is consistent with the purpose and intent of the City's
Comprehensive Plan, including the Future Land Use Map.
Zone change request does not change underlying zoning but allows proposed Improvements to the site that contribute to the public museum use,
appearance and function. Proposed Improvements provides Improved buffering to adjacent and nearby uses while enhancing the
cultural resource objectives and goals of the Comprehensive Plan.
B. Explain how the proposed zone district will further the themes and objectives of the City's
Comprehensive Plan, as well as any relevant adopted area redevelopment plans,
The museum is in an area with a mix of Institutional and residential uses and the Planned Development Overlay will altow code adjustments
that may not be necessary or appropriate for new development or development in other areas.
Standara
A. Describe how adequate public facilities already exist or will be provided at no additional public cost, and
will safeguard the health, safety, morals and general welfare of the public.
All public utilities necessary for the museum function are currently present.
B. Explain how the proposed zone district will not be detrimental to the financial stability and economic
welfare of the city,
Museum has been in operation for over 88 years and the proposed Overlay zoning will allow the ability to improve the museum and "refresh'
the awareness of the institution and strength attendance and enhance appeal of not only the museum but the community as a whole.
�. #5 Othe
Describe how the proposed zone district is consistent with the trend of development in the neighborhood, or
the property to be rezoned was improperly zoned or classified when the City's Zoning Ordinance was adopted
or amended.
As the City has no institutional zoning designation, the Overlay district provides flexibility dealing with the mix of larut• uses in the area while
providing an avenue for enhancement and improvement.
Page 4 of 7
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