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Home My WebLink About16. 16-359JUNE 28, 2016 JULY 12, 2016 16-308 16-359 ORDINANCE FIRST READING SECOND READING (CARRIED 7-0 LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE/ DOWNTOWN OSHKOSH YMCA FROM C-3 CENTRAL COMMERCIAL DISTRICT, R-2 PD TWO FAMILY RESIDENCE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY, R-5 MULTIPLE DWELLING DISTRICT AND R-5PD MULTIPLE DWELLING DISTRICT WITH PLANNED DEVELOPMENT OVERLAY TO C-3PD CENTRAL COMMERCIAL DISTRICT WITH PLANNED DEVELOPMENT OVERLAY; 324 WASHINGTON AVENUE INITIATED BY: OSHKOSH YMCA 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 properties described from C-3 Central Commercial District, R-2 PD Two Family Residence District with Planned Development Overlay, R-5 Multiple Dwelling District and R-5PD Multiple Dwelling District with Planned Development Overlay to C-3PD Central Commercial District with Planned Development Overlay. ALL OF CERTIFIED SURVEY MAP NUMBER 7022 RECORDED AS DOCUMENT NUMBER 1700469, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF VACATED NORTHWESTERN AVENUE AS DESCRIBED IN CITY OF OSHKOSH COMMON COUNCIL RESOLUTION NUMBER 16-222, THE SOUTH ½ OF THE WESTERN 22 FEET OF VACATED NORTHWESTERN AVENUE AS DESCRIBED IN CITY OF OSHKOSH COMMON COUNCIL RESOLUTION NUMBER 00-134, AND THE ADJACENT ½ RIGHTS-OF-WAY OF MADISON STREET, MERRITT AVENUE, BROAD STREET AND WASHINGTON AVENUE. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. JUNE 28, 2016 JULY 12, 2016 16-308 16-359 ORDINANCE FIRST READING SECOND READING CONT’D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #16-359 APPROVE ZONE CHANGE/ DOWNTOWN OSHKOSH YMCA FROM C-3 CENTRAL COMMERCIAL DISTRICT, R-2 PD TWO FAMILY RESIDENCE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY, R-5 MULTIPLE DWELLING DISTRICT AND R-5PD MULTIPLE DWELLING DISTRICT WITH PLANNED DEVELOPMENT OVERLAY TO C-3PD CENTRAL COMMERCIAL DISTRICT WITH PLANNED DEVELOPMENT OVERLAY; 324 WASHINGTON AVENUE on July 12, 2016. This Ordinance changes the zoning designation at 324 Washington Avenue to C-3PD Central Commercial District with a Planned Development Overlay. 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. MEMORANDUM O.fHKO.fH ON ME WAM TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: June 23, 2016 RE: Approve Zone Change / Downtown Oshkosh YMCA from C -3 Central Commercial District, R -2PD Two - Family Residence District with Planned Development Overlay, R -5 Multiple Dwelling District and R -5PD Multiple Dwelling District with Planned Development Overlay to C -3PD Central Commercial District with Planned Development Overlay; 324 Washington Avenue (Plan Commission Recommends Approval) BACKGROUND The area included in the zone change request consists of one parcel and adjacent rights -of -way totaling 4.5 acres containing the Downtown Oshkosh YMCA facility and associated amenities which opened in 1962. The property is irregularly shaped, with street access to Washington Avenue to the south, Broad Street to the east, Merritt Avenue to the north and Madison Street/Northwestern Avenue to the west. The surrounding area has a wide range of uses including a neighborhood park to the west, various residential uses to the north, south and west, and commercial uses to the south and east. The property possesses five zone districts as a result of the recent acquisition and consolidation of a total of six parcels which were combined via a certified survey map in late 2015 with the original zoning classifications intact resulting in the multi -zoned parcel. The Downtown YMCA is in the early stages for a major renovation, expansion and modernization of the facility scheduled for 2017 which includes the demolition of much of the original facility and construction of new additions. ANALYSIS The petitioner is requesting approval to rezone the multiple dwelling districts to C -3PD Central Commercial District with Planned Development Overlay District to eliminate the plethora of existing zone districts and create one district for the entire property. The request is consistent with the City's Comprehensive Plan land use recommendation as well as the existing YMCA use as these types of facilities are traditionally located in both downtown and quasi - residential environments. The proposed expansion of the Planned Development designation is beneficial to the petitioner as it provides flexibility by the utilization of base standard modifications for setbacks and other features related to the facility's expansion and is also beneficial to the community as it provides for public review and oversight of development plans to ensure compliance with development and planning policies. FISCAL IMPACT Changing and consolidating zoning for the subject property will have no city service fiscal impacts. RECOMMENDATION The Plan Commission recommended approval of the zone change at its June 7, 2016 meeting. Res , ectfully Submitted, Approved, Zt� Darryn Burich Mark Rohloff Director of Planning Services City Manager EN :5 SURAE NORT.HWESTERN-AV- - v z !AV- SBII N --WASHINGT.ON-AV —1 !7-1 303 309 313 321 405 c? cc N 1 in 0.03 mi 1 in = 135 ft The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the 0 approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date: 5/2312016 O-rHKO-f H These map(s)/datasets are provided for information purposes only and may not be susufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS' without Prepared by: City of Oshkosh) W1 DN THE- WATER L warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. JAGISPlanning\Plan Commission Site Plan Map TemplateRan Commission Site Plan Mao TemDlate.mxd ITEM: ZONE CHANGE FROM C -3 CENTRAL COMMERCIAL DISTRICT, R -2PD TWO - FAMILY RESIDENCE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY, R -5 MULTIPLE DWELLING DISTRICT AND R -5PD MULTIPLE DWELLING DISTRICT WITH PLANNED DEVELOPMENT OVERLAY TO C- 3PD CENTRAL COMMERCIAL DISTRICT WITH PLANNED DEVELOPMENT OVERLAY FOR PROPERTY LOCATED AT 324 WASHINGTON AVENUE (DOWNTOWN OSHKOSH YMCA) Plan Commission meeting of June 7, 2016 GENERAL INFORMATION Applicant /Owner: Tom Blaze, Oshkosh YMCA Action(s) Requested: The applicant requests a zone change from the existing C -3 Central Commercial District, R -2PD Two Family Residence District with Planned Development Overlay, R -5 Multiple Dwelling District and R- 5PD Multiple Dwelling District with Planned Development Overlay to C -3PD Central Commercial District with Planned Development Overlay District. The purpose of this request is to make the entire parcel one zone district and allow the owner to move forward with the redevelopment and expansion of the YMCA. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies on the Comprehensive Plan, development plans. and sound planning principles. Property Location and Background Information: The area included in the zone change request consists of one parcel and adjacent rights -of -way totaling approximately 4.5 acres. The property contains the Downtown Oshkosh YMCA facility and associated amenities which opened in 1962. The property is irregularly shaped, with street access to Washington Avenue to the south, Broad Street to the east, Merritt Avenue to the north and Madison Street/Northwestern Avenue to the west. The surrounding area has a wide range of uses including a neighborhood park to the west, various residential uses to the north, south and west, and commercial uses to the south and east. The property is unusual in that it has five zone districts assigned to it which came about from the recent acquisition and consolidation of a total of six properties comprised of the various zone districts. The parcels were combined via Certified Survey Map Number 7022 recorded in late 2015. The parcel consolidation left the original zonings intact resulting in the multi -zoned parcel. The Downtown YMCA is in the early plan approval stages for a major renovation, expansion and modernization of the facility scheduled for 2017. Plans call for demolition of much of the original facility and construction of new additions to house an aquatics center, Health Living Facility, Full -day Child Care Center, Gymnasium and several gathering and program spaces. The applicant has submitted a Planned Development Review request for the proposed expansion and renovation of the facility which is also on this Plan Commission agenda. Subject Site Existing Land Use Zoning Institutional (Community/Fitness Center) C -3, C -3PD, R -2PD, R- 5 & R -5PD Adjacent Land Use and Zoning Existing Uses Zoning North Single Family, Two & Multiple Family Residential R -2PD ......._.._............_..----..._........._....._ South ...— ._.._.._..__.........._.... -....._......._.........._.........._ .................._........._.........._.................. ........_..........— .._.......- ......_...._......_..._......__.._..... ..................._...._.....- Commercial, Service, Single and Multiple Family Residential —................—................ ......._._................... -- — C -3 - - -- .._....._._..... East _..—_..........__.. ._....._._...._......_......... - ...................... --..._._....................._.............._.....--......._._._....._..—..__............._...._..__._.._........__._..........._..._.............._............_.._................._.............----........---....._.....- Institutional C -3 & R -2PD -- - ____ .............-..._..........._....... West ......._...............__.... -- ..._..__... ..............- -.... —. -- .............. -- - -... ._- ............_............._. .............................. Neighborhood Park, Parking Lot, Single & Two Family Residential ......— ..............._........ — -..... — ..................... C -3, R -5 & R -2PD Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Commercial (south half) & Residential (north half) 20 Year Land Use Recommendation Commercial (south half) & Residential (north half) ANALYSIS The petitioner is requesting approval to rezone the majority of the property from C -3 Central Commercial District, R -2PD Two Family Residence District with Planned Development Overlay, R -5 Multiple Dwelling District and R -5PD Multiple Dwelling District with Planned Development Overlay to C -3PD Central Commercial District with Planned Development Overlay District. The purpose of the rezoning request is to eliminate the plethora of existing zone districts and create one district (C -3PD) for the whole property. Approximately 1.75 acres of the property containing the existing main building is presently zoned C -3PD. The rezoning request is consistent with the Comprehensive Plan's residential and commercial land use recommendations as the C -3 district allows residential and commercial uses by- right. Also, the existing YMCA use is consistent with the Comprehensive Plan's land use recommendations as YMCAs are traditionally located in both downtown and quasi- residential environments. The proposed expansion of the Planned Development designation is beneficial to the petitioner as it provides flexibility, if needed, to allow for expansion and alterations of the facility by the utilization of base standard modifications that provide relief from the base C -3 District standards such as setbacks from the right -of -way, internal lot line setbacks /interconnections and multiple drives /curb - cuts /parking areas. The Planned Development designation is also beneficial to the community as it provides the ability to address items that do not meet code dimensional standards and grants public review and oversight of development plans to ensure compliance with development and planning policies. RECOMMENDATION Staff recommends approval of the zone change from C -3 Central Commercial District, R -2PD Two Family Residence District with Planned Development Overlay, R -5 Multiple Dwelling District and R- 5PD Multiple Dwelling District with Planned Development Overlay to C -3PD Central Commercial District with Planned Development Overlay District as requested. The Plan Commission approved the zone change as requested. The following is the Plan Commission's discussion on this item. Item: YMCA Rezone Mr. Buck presented the item and discussed the multiple zoning categories on the parcel and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He discussed that adjacent lots have been acquired and consolidated with the YMCA property and those parcels still have their original zoning designation intact. He explained that the purpose of the zone change was to bring the entire site into one zoning classification and discussed the advantages of the planned development overlay. He further stated that the zoning classification of C -3PD was consistent with the City's Comprehensive Plan. Mr. Fojtik inquired as to how there were this many different zoning classifications on one parcel. Mr. Burich responded that the adjacent parcels were acquired and incorporated into the YMCA site and the surrounding parcels all had different zoning designations. Motion by Nollenberger to approve a zone change from C -3 Central Commercial District, R -2PD Two - Family Residence District with Planned Development Overlay, R -5 Multiple Dwelling District and R -5PD Multiple Dwelling District with Planned Development Overlay to C -3PD Central Commercial District with Planned Development Overlay for property located at 324 Washington Avenue. Seconded by Borsuk. Motion carried 8 -0. Item: YjVICA Rezone O City of Oshkosh Planning Services REZONING 215 Church Avenue PO Box 1130 0fHK0fH Oshkosh, WI 54903 -1130 ON ME WAf'cA APPLICATION 920- 236 -5059 Proposed use of property YMCA Fitness Center and Childcare Proposed Zone District C -3PD Legal Description (to be provided in digital form, MS Word format) Organization Oshkosh YMCA Business Phone 920- 236 -3380 Mailing Address 324 Washington Avenue Fax City Oshkosh State WI Zip 54901 E -Mail tombiaze @oshkoshymca.org 2. Applicant Interest The applicant must have a legal interest in the subject property: Property Owner Purchaser by Option or Purchase Agreement Purchaser by Land Contract Lessee /Tenant 3. Property Owner 17 Check here if Applicant is also Property Owner Identify the person or organization that owns the subject property: Name Organization _ Mailing Address City Cell Phone Business Phone Fax State Zip E -mail Page 2of7 9/14/2011 91 ❑ 1. Need for Zone Change Written description of why the zone change is needed, and how the proposed zone district will meet the needs of the development. 2. Project Description Written description of the proposed site and /or building layout, building and structure design information, floor plans, parking calculations, current environmental conditions, and other pertinent information. ❑ 3. Site Plans, Building Elevations, Floor Plans, and Landscape Plans /f Planned Development approval is being requested concurrently with the zone change request, enclose the site plans, building elevations, floor plans, and landscape plans required on the Site Plan Review Checklist. ❑ 4. Conditional Use Permit Application (if necessary) If applicable, include a completed Conditional Use Permit application with the zone change submittal. ❑ S. Planned Development Application (if necessary) If applicable, include-a completed Planned Development Application with the zone change submittal. The applicant must read the following statement carefully and sign below, The undersigned requests that the City of Oshkosh review this application and related required documents and site plans. The applicant further affirms and acknowledges the following: ❑ That the applicant has a legal interest in the property described in this application. ❑ That the answers and statements contained in this application and enclosures are in all respects true and correct to the best of his, her, or their knowledge, ❑ That the approval of this application does not relieve the undersigned from compliance with all other provisions of the Zoning Ordinance or other codes or statutes, and does not constitute the granting of a variance. ❑ That the applicant will comply with any and all conditions imposed in granting an approval of this application. ❑ If also the, o' ne , the plicant grants the City of Oshkosh staff, Plan Commission, and Common Council the right to access -the sub r ' for the sole purpose of evaluating the application. Applicant Signature Date Applicant Signature Date If the applicant is not the property owner, the property owner must read and sign below: The undersigned affirms and acknowledges that he, she or they are the owner(s) of the property described in this application, and: ❑ Is /are aware of the contents of this application and related enclosures. ❑ Authorizes the applicant to submit this application and represent the undersigned in the matter of being reviewed by the City of Oshkosh. ❑ Grants the City of Oshkosh staff, Plan Commission, and Common Council the right to access the subject property for the sole purpose of evaluating the application. Property Owner Signature Date Property Owner Signature Date Page 3 of 7 9/14/2011 Mi O City of Oshkosh Planning Services 215 Church Avenue PO Box 1130 O.lHKOfH REZONING Oshkosh, WI 54903 -1130 WMEWMM REVIEW STANDARDS 920- 236 -5059 The Plan Commission and the Common Council may consider whether the proposed zone change meets the following standards; Ordinance Standard #1 Comprehensive Plan/Zoning 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. The parcel under consideration currently contains multiple zoning designations. The parcel's existing use is most closely aligned to the C -3 PD zoning, which encompasses the south half of the parcel, By designating this use for the entire parcel, the majority of the block will have the same zoning type. 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. A portion of the parcel already contains the proposed zoning. By extending this zoning designation to the entire parcel, the City will create consistent standards for future development on the parcel and will allow the existing use to conform with the zoning designation of the parcel. tanclard #2 Public Facilities 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. Existing public facilities located within and adjacent to the site provide sufficient capacity, pressure, etc. to service the parcel, B. Explain how the proposed zone district will not be detrimental to the financial stability and economic welfare of the city. A portion of the parcel already contains the proposed zoning. In addition, the parcel is surrounded on three sides by commercial or institutional zoning, proposed C -3 PD zoning will correct the condition of multiple zoning districts on a single parcel. Page 4 of 7 9/14/2011 �' 5 The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the /'V HR approximate relative location of property, boundaries and other feature from a variety of sources, H These map(s) /datasets are provided for information purposes only and may not be sufficient or punting Date; 5/2312016 Of appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS' without Prepared by: City of Oshkosh, WI ON n,ewnTM warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. J:\GIS \Planning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd l lcar dehnmhi 0 ,PD /REZONE -YMCA 324 WASHINGTON AV PC: 06 -07 -16 EAGLES CLUB LLC 601 OREGON ST STE A OSHKOSH WI 54902 -5965 S WILLIAM H HENSCHEL 408 MADISON ST OSHKOSH WI 54901 -5016 TENO D /CHRISTIE M GROPPI 307 MERRITT AVE OSHKOSH WI 54901 -5019 KEITH A KORELL 402 MERRITT AVE OSHKOSH WI 54901 -5022 CLARITY CARE INC 424 WASHINGTON AVE OSHKOSH WI 54901 -5044 DAVID W /JUSTIN M OAKS 303 WASHINGTON AVE OSHKOSH WI 54901 -5041 POWER OF THE WORD CHURCH INC 309 WASHINGTON AVE OSHKOSH WI 54901 -5041 DAVID L KRIHA 417 WASHINGTON AVE. OSHKOSH WI 54901 -5043 WINNEBAGO COUNTY PO BOX 2808 OSHKOSH WI 54903 -2808 OSHKOSH COMMUNITY YMCA 324 WASHINGTON AVE OSHKOSH. WI 54901 -5042 CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI-54903-1130 DAVID E /DEBRA J COLLIER 2380 WISCONSIN ST OSHKOSH WI 54901 -7812 SECRETARY OF HOUSING & PAUL B SMITH URBAN DEVELOP PO BOX 532 4400 WILL ROGERS PKWY 300 NEENAH WI 54957 -0532 OKLAHOMA CITY 'OK 73108 DALE R /LYNN A BOTTOMLEY 320 MERRITT AVE OSHKOSH WI 54901 -5020 MARK J HILDEBRAND 326 W SOUTH PARK AVE OSHKOSH WI 54902 -6567 MR /MRS TODD D SCHULTZ 316 MERRITT AVE OSHKOSH WI 54901 -5020- LAWRENCE /JEANNE HILDEBRAND LIVING TRUST PO BOX 340 OMRO WI 54963 -0340 0 b _ I SIMON I. lip" O RTHWEST -h" zmo' 1 :a ASMINGTON Aa/ S1X 111.P 13M scsr er.r 417 - P f 309 313 1 321 405 N tin =0.03mi _ 1 in = 135 ft The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the '`- approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date: 512312016 Of HKO.f H These map(s)Idatasets are provided for information purposes 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, WI 'o" TMEWATER . warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. JAGISkManningRan Commission Site Plan Map TemplateRan Commission Site Plan Map Template.mxd user. dehorahi The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map(s) /datasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS' without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. N 1 in= 0.02mi A 1in =120 ft Printing Date: 5/23/2016 Prepared by: City of Oshkosh, WI O.fHKOfH ON THE WATER