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HomeMy WebLinkAbout08. 12-594 DECEMBER 11, 2012 12-594 RESOLUTION (CARRIED___6-0___LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE AMENDMENT TO PREVIOUSLY APPROVED PLANNED DEVELOPMENT AT THE PAINE ART CENTER AND GARDENS / 1410 ALGOMA BOULEVARD INITIATED BY: PAINE ART CENTER & GARDENS PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, the Common Council previously approved a planned development, as amended, to continue the use of the property at 1410 Algoma Boulevard as an art center, museum, and community center; and WHEREAS, the petitioner desires to amend the development plan to install temporary chain link fencing for security during the Paine’s renovation projects and construction of a permanent masonry and wood wall within the setback from Elmwood Avenue, per the attached. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the planned development for the Paine Art Center and Gardens renovation project is hereby amended to allow installation of a temporary chain link fencing for security during the Paine’s renovation projects and construction of a permanent masonry and wood wall within the setback from Elmwood Avenue, per the attached, with the following conditions: 1) The proposed 6 ft. tall chain link fencing with fabric screen is permitted to remain in place no later than December, 2016. 2) Base standard modification to allow 6 ft. tall temporary chain link fencing with fabric screen and permanent wall with a 3 ft. setback from Elmwood Avenue, as proposed. 7HKOIH ON w6whTEA TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: December 6, 2012 RE: Approve Amendment to Previously Approved Conditional Use Permit; Planned Development for the Paine Art Center and Gardens at 1410 Algoma Boulevard (Plan Commission recommends approval) BACKGROUND The approximate 3.8 acre subject property is located at the northeast corner of Algoma Boulevard and Congress Avenue /northwest corner of Algoma Boulevard and Elmwood Avenue. The Paine Art Center & Gardens is listed on the National Register of Historic Places as a pivotal contributing structure of the Algoma Boulevard Historic District. The Paine received a Conditional Use Permit and Planned Development in January 2010 (amended in July 2011) to permit the art center, museum and community center use and associated site improvements. ANALYSIS The Paine Art Center & Gardens approved planned development incorporates numerous garden features and extensive landscaping including walls, fencing, and stone balustrades including a garden expansion and enhancement along Elmwood Avenue with enclosure by a 9.5 foot tall solid masonry and wood wall which is setback 8 feet from the property line on the Elmwood Avenue frontage. The planned development amendment includes use of a temporary fence along Elmwood Avenue and adjustment to the fence/wall setback. The temporary fence is proposed to be six -foot high chain -fink with green fabric screening covering it and would secure the property from vandalism and provide privacy to the Elmwood Avenue neighbors. The intention is to have the permanent wall included as part of the formal garden installation however the petitioner is requesting permission to allow the temporary fencing to remain until the end of 2016 in the event the project is delayed. The approved planned development setback of the masonry and wood wall is eight feet from the property line however to accommodate a handicapped accessible ramp at the east side of the sunken garden design, the petitioner is requesting a base standard modification for both the temporary fence and permanent wall. The petitioner is requesting a setback of three feet at the northernmost end of the property with the angled right -of -way characteristic of the street terracelsidewalk at this location providing greater distance from the fence/wall even with the reduced setback. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its December 4, 2412 meeting. Approved, City Manager ITEM: DEVELOPMENT PLAN AMENDMENT AT THE PAINE ART CENTER AND GARDENS MUSEUM ART CENTER AND COMMUNITY CENTER AT 1410 ALGOMA BOULEVARD Plan Commission meeting of December 4, 2012 GENERAL INFORMATION Applicant /Owner: Paine Ail Center and Arboretum Actions Requested: The petitioner requests approval of a Development Plan amendment to allow the relocation of a wall closer to Elmwood Avenue as well as permit it to be chain -link fence on a temporary basis. Applicable Ordinance Provisions: The Zoning Ordinance establishes criteria and guidelines for the establishment and/or amendment of a PD overlay district in Section 30 -33. Property Location, History and Background: The approximate 3.8 acre subject property is located at the northeast corner of Algoma Boulevard and Congress Avenue /northwest corner of Algoma Boulevard and Elmwood Avenue. The Paine Art Center & Gardens is listed on the National Register of Historic Places as pivotal contributing structure of the Algoma Boulevard Historic District, The Paine received a Conditional Use Permit and Planned Development in January 2010 (amended in July 2011) to permit the art center, museum and community center use and associated site improvements. Subject Site Existing Land Use Zoning Institutional — Art Center & Gardens R -1 C PD A .l.,..n.,+ 1 a"A T e,- a"d 7nnina All L4ll+Fl l y Existing Uses Zonin g North Institutional — Church & School R -1C South Green Space & Single - Family Homes (across Congress St) RAC East Single - Family Homes (across Elmwood Ave) R -2 West Institutional — Public Museum, Green Space & Single- Family Homes (across Algoma Blvd) RAC & R -2 Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Public & Institutional 20 Year Land Use Recommendation Public & Institutional ANALYSIS The Paine Art Center & Gardens approved Planned Development incorporates numerous garden features and extensive landscaping including stone and stucco walls, wrought -iron fencing and stone balustrades. The plans include a garden expansion and enhancement along Elmwood Avenue with enclosure by a 9.5 foot tall solid masonry and wood wall (resembling the existing walls and columns of other parts of the Paine property), which is setback 8 feet from the property line running the length of the properties on Elmwood Avenue frontage. This PD amendment includes: 1) Use of a temporary fence along Elmwood Avenue and 2) Adjustment to the temporary fence /permanent wall Elmwood Avenue setback. Temporary Fence The petitioner plans to install/construct a new formal garden that will include the approved masonry and wood wall near Elmwood Avenue in 2014 but during the time of construction the Paine needs to install temporary fencing to secure the property. The petitioner indicates that although vandalism has been sporadic over the past several years, security has become more important as four cases of vandalism have occurred this past year causing over $14,000 in damages to plantings, containers and other artworks. Additionally, proposed temporary fencing will provide privacy to the Elmwood Avenue neighbors as the Pain's renovated carriage house and new conservancy will be actively used during the day and on weekends. The type of temporary fencing proposed is six -foot high galvanized chain -link with green fabric screening covering the chain -link. It is the intention to have the permanent masonry and wood wall included as part of the formal garden installation/construction however, the petitioner requests permission to allow the temporary fencing to be in place for up to four years or the end of 2016 in the event that the project is delayed. Elmwood Avenue Fence/Permanent Wall Setback Reduction The approved PD setback of the masonry and wood wall near Elmwood Avenue is eight feet from the property line. In order to accommodate a handicapped accessible ramp at the east side of the sunken garden design, the petitioner is requesting that a base standard modification for the setback of the temporary six foot tall fence as well as the permanent 9.5 foot wall from the formerly approved eight feet to approximately three feet at the northernmost end of the property. The petitioner indicates in the application narrative and depicts it on the proposed final garden plan that the angled right-of-way characteristic of the street terrace /sidewalk at this location will provide greater distance from the fence to the sidewalk than eight feet thereby retaining physical separation between pedestrians and the fencehvall even though the setback will be reduced. Staff concurs with the petitioner's analysis as the sidewalk angles to the east (away from the property) in this area and the mean/middle point physical separation between the proposed fence /wall and the sidewalk will be approximately 11 feet. RE COMMENDATION /CONDITIONS Staff recommends approval of the development plan amendment as proposed with the following conditions: 1) The proposed six foot tall chain -link fencing with fabric screen is permitted to remain in place no later than December 2016. 2) Base standard modification to allow six foot tall temporary chain -link fencing with fabric screen and permanent wall with three foot Elmwood Avenue setback, as proposed. Itenr- 1410Algorna PD Amend The Plan Commission approved of the development plan amendment as requested with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site and surrounding area as well as the history of the previously approved planned development. He explained that the amendment was to address the proposed temporary fence and the reduced setback for both the temporary fence and permanent wall. He explained that the garden renovations were scheduled to be constructed in 2014 however the petitioner needed to secure the area along Elmwood Avenue due to vandalism and the temporary fencing was being requested to be allowed until 2016 in case the project was delayed. The setback was being requested to be reduced from eight feet to three feet in the northern most section of the property to allow for placement of a handicapped ramp and the angled sidewalk along Elmwood Avenue would allow the separation between pedestrians and the property wall to still be substantial. He also reviewed the conditions recommended for this request. Mr. Bowen questioned if there was any type of maintenance covenant to ensure that the fabric covering on the temporary fence would be maintained appropriately. Mr. Buck responded that City ordinance would require the fence would have to be maintained in good condition until such a time that the permanent wall is constructed. Aaron Sherer, Director of the Paine Art Center and new formal 1410 Algoma Boulevard, garden to be constructed and scat d that he brochure to Commission members regarding t g was present for any questions the Commission may have regarding this request. I Center Motion by Vajgrt to approve the developinentplan amenoma t Boulevard P with the folio wng Gardens Museum, Art Center and Community Center g conditions: 1) The proposed six foot tall chain -link fencing Ivith fabric screen is permitted to remain in place no later than December 2016. 2) Base standard modification to alloly six foot tall telliporcrr y chain -link fencing with fabric screen and permanent wall with three foot Einmyood Avenue setback, as proposed Seconded by Cianinings. hfotion carried 9-0. Iletn -1410 Algoma PD Amend SUBMIT TO: Ci ty of Oshkosh Apphr- atiOln Dept. of Community Developm 215 Church Ave., P.O. Box 113 Planned Development Review oshkosh, Wisconsin 5 4903 -1 13 PHOI,T,: (920) 236 -5059 OfHKOfH ❑ Conditional Use Permit Review ON THE WATER T USING BLACK INK" * *PLEASE T'i'iJ OIt PRIN APPLICANT INFORMATION Date: ► 127 /� Petitioner: State, 1-4—IL Zip: I d Crty. • Petitioner's Address: a .- Other Contact # or Email: r J Fax: ( ) Telephone #: 174) Z t' e Bu er Status of Petitioner (Please Check): Owner ^Kepresunta.i Petitioner's Signature (required): OWNER INFORMATION Owner(s): Owner(s) Ad ess: d ?S �� Fax:( ) Tele hone #: �f Z•PJ) �- ,-- - -• n Tenant ❑ Prospec ry Y Date: H 2 Date: I1 2 7 21 City: /ic,�.l _ State: Mf zip: Other Contact # or Email: p Ownership Status (Please Check): ❑Individual t3 Trust ❑ Partnership XColporation Property Owner Consent, (required) to eQs may, in the performance of their functions, enter upon the iication. I also understand that all meeting dates are tentative By signature hereon, I/We acknowledge that City officials and/or emp ) property Services `c ion f incomplete submissions or other administrative reasons . to inspect or gather other information necessary to process this app and may be postponed by the Planning Date: _01A I iGA... Property Owner's Signature: .v SITE INFORMA TION v Parcel No- 00 AddresslLocation of Proposed Project: I�1��A ., , � „A�. _ [' Proposed Project Type: f current Use of Property: Land Uses Surrounding Site: North: South: last: West: *Please note that a meeting notice �} ill be mailed to all abutting property owners regarding your request. ➢ Application fees are due at time of a b roprlate fee. FBI, IS NONREFUNDABLE Oshkosh. Please refer to the fee schedule for pp p nity Developrnent/Planning.htm For more information please the City's website at www.ci.oshkosh.�vr.us ommu Staff Date Recd �f.0 Briefly explain how the proposed conditional use /development plan will not have a negative effect on the issues below. 1. Health, safety, and general welfare of occupants of surrounding lands. , 2. Pedestrian and vehicular circulation and safety. F-4.The . Noise, air, water, or other forms °f envirom�ental pollution. demand for and availability of public services and facilities. 5. Character and future development of the area. n _P/�M SUBNLiTTAL RE UMMENTS — Must accompany the application to be complete. ➢ A NARRATIVE Of the proposed conditional uselDevelopment Plan including: Existing and proposed use of the property and discussion of e C1 Existing relation to the project ❑ Identification of all structures (including paving, signage, etc.) on the property ❑ Projected number of residents, employees, and/or daily customers Pro osed amount of dwelling units, floor area, landscape area, and Parking area expressed hr square fact and acreage to th ❑ e P nearest one - hundredth of an acre glare, odor, fumes, vibration, etc. ❑ Effects on adjoining properties to in noise, hours of operation, • Compatibility of proposed at d numb, of customers, deliveries, employee shift changes, etc.) • Traffic generate (ant information to properly understand the intended use/plan and its relation to nearby properties and the • Any other pertinent community as a whole + ➢ A complete SITE PLAN and B U24" x 36 ELEVATIONS must include: scaled and dimensioned prints O#.%ite plan and buildin elevations • Two (2) full size (minimum 2 ) • Two (2) 8 'A" x i i (minimum) h del ital flans a building nd d awings of the pr ject in AutoCAD 2000 form trD ith fonts and plot style • One compact disc or diskette wit g P table file (if plans have been prepared digitally) ❑ Title block that provides all contact information for the etitioner err /or own rat d contact the p lathe of petitioner's engineers /surveyors /architects, or other design professionals o The date of the original plan and revision dates, if applicable ❑ A north arrow and graphic scale. ❑ All property lines and existing and proposed right -of -way lines with dimensions clearly labeled ❑ All required setback and offset lines ctures, and paved areas, including building entrances, walks, drives, ❑ All existing and proposed buildings, stru signs, decks, patios, fences, wails, etc. ❑ Location of all outdoor storage on-site refuse p disposal g (and off -site parking provisions materials f they are to be employed), including a summary ❑ Location and dimension of a p Ordinance of the number of parking stalls provided per the requirements of Section 30 -36 City of Oshkosh Zoning ❑ Location and dimension of all loading and service areas mcludin a hotometrics pia o Location, height, design, illumination ©'ment an d rut utilities and elevations of proposed the vices where applicable (i.e. o Location of all exterior mechanical equipment visible from a public street or residential use , exhausttflues,plumbing vents, gas regulators, generatorrsf, etc.. to; HV equipment, electrical transformers and boxes, NARRATIVE Planned Development Amendments Paine Art Center and Gardens 11/2712012 The Paine Art Center and Gardens requests the following amendment to the property's approved Planned Development: 1) Approval of a temporary fence to secure site until garden is completed. aine co The Paine needs to install a temporary chain-link e The Paine plans t construct l the the new garden in 2014e new garden, which will have a permanent f nc and therefore, expects that the temthertemfence orary be in place for 2 t years 4 (through ) inn the Paine requests permission to have p event that construction of the garden delayed ed u screening fabric funding covering the chain-link. temporary fence will 6 ft. tall galvanized chain -link w green The primary purpose of the temporary fence is to secure the Paine property. The amenities of the Paine gardens (plantings, containers, ars each year thegrelhave susceptible to vandalism. incidents, ini12012 vandalism has been sporadic over previous ye Y Paine suffered four vandalism incidents in which significant damage was done, totaling over $14,000 in damages. The fence will also provide privacy for) will be actively used for epublic events'during f theiday and (renovated carriage house and new conservatory} evening. In particular, the facilitye ill be s de often buildinweekends. i area is fully exposed dto neighbors ghbors place for this new facility is on th across the street along Elmwood. The temporary fence would screen this area from the view of neighbors. 2) Approval of an adjusted fence layout to accommodate a handicap accessible ramp. For the temporary fence and future permanent ble he Paine to accommodate a adjust the fence ramp in the This adjusted fence layout would en . garden design. The Paine's approved Planned D d uatphis stet back at the nnorth end o the fence-fine i(see drawing). set -back. The Paine requests to ) Due to the characteristics of the street and sidewalk in this area which angle in the opposite direction, the distance from the street/sidewalk will be much greater than 8 ft. The primary purpose of adjusting this fence -line is to accommodate a handicapped accessible ramp in the sunken garden design. The center area of the garden is sunken 18" below grade additionalps make the garden accessible to all visitors. While there are other ramps in the design, would allow handicapped visitors to enjoy moving through the entire garden without having to back -track and/or go far out of their way to access all areas. To help offset this change in the fence layout, ould be attractively landscaped, eating a pleasing t corner of Elmwood and Congress. This view from the intersection. Removing the fence in this area will also improve traffic visibility at the intersection. 5 Proposed Amendments to Planned Development (November 2012) r i ^ — ` , I— l I { f 1 L r� ':2Ei': �P.sGwy MD `� M1 _ •� 54 4 YIALL: 9.5 I - Y 1 I FT. HEIGHT l- 1� K r scLro FEMCE: t t Nn MASONRY I o 50LY3 iYAtL• S7, rk/p FT. HEIGHT Ex}EN1) 't STOf3Y 0144 / t }� _ COIvCnET F 1�i4IGtK pRI4EWAY kE'ti KMGY 50 - I I v GARAGi 1 { ' '��� �• I ADJUST PENCE LINE TO RAIJ9 0 ALLOW 014;: is; I ti i h W ROOM FOR - ACCESSIBLE RAMP AND PATHWAY _ j I cfsF80: +s 4 �- �IASO��Y anro Y -ij VV', 7 14`ALL' 8.5 � j — • ?I•- !� FT. ii EIGHT jt ��yEW.GAIZpENIJi (poFt J .L GAIDEN) i I REPLACE STEPS WITH I HANDICAP ACCESSIBLE 1� ttF(tGE IHEIvHT� t 1 RAMP T— f,' iJ `�G'AROEN.- RESURFACE ry ♦ .�; ,'GARP eN. I 4 �;- I ` • tOHGHARdti "! t ' °� .i3LnG;� s CLkiRTYFItp � „�' �: __ � �” ". i •', -`• � � Ek'SMG GRAM FG'E7 TO STORM SEWER — \E4Y E64EFtGEHCY { ACCE5S GATE 1 G4��13E�I' -ECG lJt'I �.� � _ 4 /-. E AND r s - EX. 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JS PD ADMENDMENT -TEMP FENCE PAINE ART CTR /GARDENS INC MURPHY JR JOHN J 1410 ALGOMA BLVD 1410 ALGOMA BLVD 1422 ELMWOOD AVE PC: 12 -04 -12 OSHKOSH WI 54901 7708 OSHKOSH WI 54901 2734 MARTIN LUTHER EVANG CHURCH MANKINI PAUL G /ULRIKE H 1526 ALGOMA BLVD 1408 ELMWOOD AVE OSHKOSH WI 54901 2721 OSHKOSH WI 54901 2734 SMERLING ETAL JERRY 1402 ELMWOOD AVE OSHKOSH WI 54901 2734 CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54903 1130 GILLESPIE MR /MRS PETER J 1435 CONGRESS AVE OSHKOSH WI 54901 2751 WELLS. RICHARD H /CHRIST 1423 CONGRESS AVE OSHKOSH WI 54901 2751 KAUFMAN KIRK J 1414 ELMWOOD AVE OSHKOSH WI 54901 2734 WINDLE JOHN L 1320 KENSINGTON AVE OSHKOSH WI 54902 6245 15 i dP t W Bi+N`f -BENT AV E AVE PI 109 1517 1500 1501 14 7 1421 IM 1 7 J — � r7 Lj !CP S6� (¢ "'� MP — 1"P -.:��P 6.P +❑"" 6aP 195 E4P _ Ir7_1 0i nv e^yO .�I4 d1P osss ucP F y :8 o � - AMAR-AV Pr pi OQO _ 363 1 57 35 S �4N pVE y _ a R - v F e 9 - 1A9 a �O a GONGRESS-AV d �S /J i µ r� �d O 1 3 -' N F I in= 150 ft . The City of Oshkosh creates and maintains GIS maps and data for its own use. They may sham the approxWate relative location of prope4 boundaries and other feature from a variety of sources. These ma s Idatasets are rovided for information purposes Printing Dale: 11/2812012 p f HKOfH Pi) p p poses only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS" without Prepared by: City of Oshkosh, W! oN-nie WATER warranties of any kind and the City of Oshkosh assumes no liability for use or misuse, JAGIS1RannfngTlan Commssion Site Mm Mao Terroiate'Pian Commission Site Plan Mao TemOa!e.mxd