HomeMy WebLinkAbout31. 18-434AUGUST 15, 2018 18-434 ORDINANCE
FIRST READING
(CARRIED
PURPOSE
INITIATED BY
LOST LAID OVER WITHDRAWN )
APPROVE ZONE CHANGE FROM INSTITUTIONAL (I) TO
INSTITUTIONAL WITH PLANNED DEVELOPMENT OVERLAY
(I -PD) FOR PROPERTY LOCATED AT 1331 HIGH AVENUE
RIVER VALLEY CHURCH, INC.
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-32
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 30-32 of the Oshkosh Municipal Code pertaining to
Zoning Districts and the map therein described is hereby amended by changing the
district character of the described property at 1331 High Avenue from Institutional (I) to
Institutional with Planned Development Overlay (I -PD).
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
ALL OF LOTS 5, 6, 7, 8 & 9 VOSS REPLAT EXCEPT THAT PART DESCRIBED IN
DOCUMENT #461087 RECORDED IN THE REGISTER OF DEEDS OFFICE PLUS
PUBLIC RIGHT OF WAY ADJACENT TO SAID LOTS EXTENDING TO THE
CENTERLINE OF CONGRESS AVENUE AND HIGH AVENUE ALL IN THE 12TH
WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN.
AUGUST 15, 2018 18-434 ORDINANCE
FIRST READING CONT'D
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #18-xxx APPROVE ZONE CHANGE FROM INSTITUTIONAL (I) TO
INSTITUTIONAL WITH PLANNED DEVELOPMENT OVERLAY (I -PD) FOR
PROPERTY LOCATED AT 1331 HIGH AVENUE; on August 28, 2018. This ordinance
changes the zoning at 1331 High Avenue from Institutional (I) to Institutional with
Planned Development Overlay (I -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.
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: August 7, 2018
RE: Approve Zone Change From Institutional (I) To Institutional With Planned
Development Overlay (I -PD) For Property Located At 1331 High Avenue (Plan
Commission recommends approval)
BACKGROUND
The subject area is located at the southwest corner of Congress Avenue and High Avenue and
consists of one parcel approximately 1.50 acres in size. The subject area is currently an existing
church, associated surface parking and a single family home. The surrounding area consists of
two family and multi -family uses to the south, institutional uses to the north and east and
multi -family residential to the west.
ANALYSIS
The church wishes to remove the existing residential structure and expand their surface
parking lot. The current 53 space parking area was constructed in 2003. The present parking
lot does not have adequate capacity for the activities conducted by the church. The current
code requirement for parking would be 91 spaces based on the size of the sanctuary space.
The applicant wishes to reconfigure / construct an additional 40 spaces bringing the lot up to a
total of 93 spaces. In order to maintain & matching the existing parking lot setbacks the
applicant is requesting to rezone the property to I -PD and seek Base Standard Modifications.
FISCAL IMPACT
Approval of the zone change will not result in the requirement for expansion of city services as
this is a developed center city area and the subject property is already tax exempt so no assessed
value will be captured from the future parking lot improvement.
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
RECOMMENDATION
The Plan Commission recommended approval of the rezone at its August 7, 2018 meeting.
Respectfully Submitted,
/a44,11 A /V/'*-
Darryn Burich
Director of Planning Services
Approved:
cLc� e
w. xot--/�
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
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information are responsible for verifying accuracy. For full disdamer please go to Printing Date: 7(1712018 �S���J�
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ITEM: ZONE CHANGE FROM INSTITUTIONAL (I) TO INSTITUTIONAL WITH
PLANNED DEVELOPMENT OVERLAY (I -PD) AND APPROVAL OF A GENERAL
DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR
PROPERTY LOCATED AT 1331 HIGH AVENUE
Plan Commission meeting of August 7, 2018.
GENERAL INFORMATION
Applicant: Fisher and Associates LLC on behalf of the owner
Property Owner: River Valley Church Inc.
Action(s) Requested:
The applicant requests a zone change from the existing Institutional (I) to Institutional with a Planned
Development Overlay (I -PD). The applicant also requests approval of General Development Plan and
Specific Implementation Plan to allow for a parking lot expansion.
Applicable Ordinance Provisions:
The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning from
one classification to another but relies on the Comprehensive Plan and good planning principles.
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Type:
The subject area is located at the southwest corner of Congress Avenue and High Avenue and consists
of one parcel approximately 1.50 acres in size. The subject area is currently an existing church,
associated surface parking and a single family home. The surrounding area consists of two family and
multi -family uses to the south, institutional uses to the north and east and multi -family residential to
the west. The 10 and 20 Year Comprehensive Land Use Plans both recommend public institutional for
the subject area.
Subject Site
Existing Land Use
zoning
Existing church
I
Adjacent Land Use and Zoning
Existing
Uses
Zoning°
North
—._._...._..._...--
South
--......._..
East
Institutional land use
..—.__...._—....... _........ �..---........___....—...._....._......—_...._........._.....----....._.....--.__.._.._._
Two and Multi -Family Residential
_......_—._.._.....—._.._.__.._..............._....—_................--.._........._._...._..................._---......._.—
Institutional land use
I -PD __.._._......_... _ ... — —._._....__._...._..-
MR -20
--_......... _..----...._...... — --- ... __........... _._- -_....
I-PD
..........._._._.._._...._.........__._......—....._..---...._...---.--...........__...---......_.....�__..__....._-.....---._...__._...—..........---_.__
West
Multi -Family Residential
.............._......... - ..... ---._.......... --- ..... _.... _
MR -20
Comprehensive Plan Land Use Recommendation
Land Use
10 Year & 20 Year Land Use Recommendation
Public Institutional
ANALYSIS
Use
The proposed development consists of an existing church, associated surface parking lot and an
existing residential structure. The church wishes to remove the existing residential structure and
expand their surface parking lot. The church was originally constructed in 1952, with the current
sanctuary being added in 1963. The current 53 space parking area was constructed in 2003. The
present parking lot does not have adequate capacity for the activities conducted by the church. The
current code requirement for parking would be 91 spaces based on the size of the sanctuary space.
The applicant wishes to reconfigure / construct an additional 40 spaces bringing the lot up to a total of
93 spaces. In order to maintain & matching the existing parking lot setbacks the applicant is
requesting to rezone the property to I -PD and seek Base Standard Modifications.
Site Design/Access
The current church parking lot has two driveway accesses from High Avenue and the residential
structure has an additional driveway opening. The applicant is proposing to remove the northern
most curb cut and the current residential curb cut. They would then construct a new southern
driveway apron to access the parking lot. This would give the applicant two total access points for the
parking lot. The removal of the northern most curb cut should improve the current traffic conditions
at the site as it is presently closer to the intersection than the city would allow.
The applicant is requesting a BSM to allow the total impervious surface to exceed the allowed 60%.
With the additional parking area the applicant is requesting to be allowed 72% impervious surface.
Staff would not traditionally support a BSM to allow the reduction in required green space, however
in this instance staff sees the increased parking area as a benefit as it will reduce the current demand
for on street parking in the surrounding residential area.
The applicant is requesting two BSM for reduced setbacks. The applicant wishes to reduce the setback
along High Avenue to 4'4" in order to match the setback of the existing parking lot setback. The
applicant also wishes to reduce the rear yard setback to 76" in order to match the setback of the
existing parking lot. Staff is in support of the BSM. The setback reduction along High Avenue should
largely be mitigated by landscaping. The reduction of the rear yard setback will be mitigated with a 6'
board on board fence to match the existing. It does not appear to staff that either of the reduced
setbacks have had an adverse effect on the area and similarly matching those setback should not pose
an issue.
Finally, the applicant is requesting a Base Standard Modification to be allow to construct the new
parking area without the required curb and gutter. The applicant wishes to match the exiting parking
lot and use grading / catch basins to meet stormwater requirements. Staff is in support of the BSM but
the applicant will need final approval of its stormwater management plan by the Department of
Public Works. Staff would like to note that when the existing parking lot needs to be reconstructed it
will be required to meet City standards for curb and gutter.
In exchange for the reduction in setbacks, green space and curbing requirements staff is suggesting the
applicant be required to place additional landscaping along the north and northeast side of the
building. Additional landscaping in these areas should aid in the overall appearance of a gateway
into the Center City. It is staff's opinion the applicant should be required to add 100 landscaping
ITEM. Rezone, GDP/SIP 1311 High Ave
points along the north property line and 50 landscaping points along the east side of the building.
Staff recommends a condition be placed requiring final landscaping be approved by the Department
of Community Development.
Storm Water Management/Utilities
Storm water management plans have been provided and are being reviewed by the Department of
Public Works. The applicant has been in discussion with the Department of Public Works regarding
storm water management for the area. Finalized storm water management plans will need to be
submitted and approved as part of the Site Plan Review processes.
Landscaping
Paved Area
Code requires 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of paved area, equating to a
required 170 paved area landscaping points for the new parking area. The plan indicates 172 points
provided. The code further specifies 30% of all points will be devoted to medium or tall trees and 40%
will be devoted to shrubs. All paved landscaping requirements are being met.
Street Frontage
Code requires 100 points per 100' of street frontage. The subject parcel has 150' of frontage along the
new parking area. The plan indicates 152.1 points provided. All street frontage landscaping
requirements are being met.
Bufferyards
The zoning ordinance would require a 0.1 opacity bufferyard for Institution land uses adjacent to
multi -family residential zoned property. The applicant is proposing to match the existing a 6' wood
fence along the west property line. The fence meets the bufferyard requirements. Along the south
property line the applicant is proposing to provide 134 landscaping point to satisfy the bufferyard
requirement.
Signage
No sign plans have been provided. Any future signage will be required to meet the standards for the
Institutional (I) zoning district.
Site Lighting
A photometric plan has been provided by the applicant. The provided plan meets the City's
requirements of no greater than 0.5 foot candle at the property lines, however the plan does fall short
of meeting the City's minimum requirement of 0.4 foot candle for parking areas. Final approval of the
lighting plan will occur during the Site Plan Review processes.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends the Plan Commission make the following findings based on
the criteria established by Chapter 30-387 (C)(6):
(a) The proposed Planned Development project is consistent with the overall purpose and
intent of this Chapter.
ITEM. Rezone, GDP/SIP 1311 High Ave
(b) The proposed Planned Development project is consistent with the City's Comprehensive
Plan and other area plans. (It is the responsibility of the City to determine such consistency.)
(c) The proposed Planned Development project would maintain the desired relationships
between land uses, land use densities and intensities, and land use impacts in the environs of
the subject site.
(d) Adequate public infrastructure is or will be available to accommodate the range of uses
being proposed for the Planned Development project, including but not limited to public
sewer and water and public roads.
(e) The proposed Planned Development project will incorporate appropriate and adequate
buffers and transitions between areas of different land uses and development
densities/intensities.
(f) The proposed Planned Development project design does not detract from areas of natural
beauty surrounding the site.
(g) The proposed architecture and character of the proposed Planned Development project is
compatible with adjacent/nearby development.
(h) The proposed Planned Development project will positively contribute to and not detract
from the physical appearance and functional arrangement of development in the area.
(i) The proposed Planned Development project will produce significant benefits in terms of
environmental design and significant alternative approaches to addressing development
performance that relate to and more than compensate for any requested exceptions/base
standard modifications variation of any standard or regulation of this Chapter.
(j) For Planned Development projects that are proposed to be developed in phases, the
applicant can provide a timeline for development and can demonstrate that the project would
be successful even if all phases were not or could not be completed.
Staff recommends approval of the zone change request and approval of the General Development
Plan and Specific Implementation Plan, the findings listed above and the proposed following
conditions:
1. Final site lighting plan shall meet all the minimum 0.4 foot candle for parking areas.
2. Northern most curb cut and the residential curb cut shall be remove and replaced with curb
and gutter to City standards.
3. BSM to be allowed 72% impervious surface.
4. BSM to reduce the setback along High Avenue to 4'4".
5. BSM to reduce the rear setback to 76".
6. BSM to not provide curb and gutter for the new parking area.
7. An additional 100 landscaping points are required along the north property line near the
intersection of Congress Ave. and High Ave.
8. An additional 50 landscaping points are required along the east property line adjacent to the
existing building.
9. Final landscaping plan shall be approved by the Department of Community Development.
The Plan Commission approved of the zone change request and approval of the General
Development Plan and Specific Implementation Plan as requested with conditions. The following is
the Plan Commissions discussion on this item.
ITEM Rezone, GDP/SIP 1311 High Ave
Mr. Lyons presented the item and reviewed the site and surrounding area. The proposed
development consists of an existing church, associated surface parking lot and an existing residential
structure. The church wishes to remove the existing residential structure and expand their surface
parking lot. The current 53 space parking area was constructed in 2003. The present parking lot does
not have adequate capacity for the activities conducted by the church. The current code requirement
for parking would be 91 spaces based on the size of the sanctuary space. The applicant wishes to
reconfigure / construct an additional 40 spaces bringing the lot up to a total of 93 spaces. In order to
maintain & match the existing parking lot setbacks the applicant is requesting to rezone the property
to I -PD and seek Base Standard Modifications.
Mr. Borsuk inquired if the area along the apartments is transitional.
Mr. Lyons stated there is a 6 foot high fence that runs along the west property line and will continue
that fence along to the south.
Mr. Borsuk asked what was proposed for stormwater management.
Mr. Lyons stated the applicant should be able to address the stormwater. The applicant did not meet
the 20,000 square foot threshold so there is not much that needs to be done.
Mr. Bowen inquired if the additional 150 landscape points was only on the existing property.
Mr. Lyons responded that the new property meets the landscaping requirements. The 150 landscape
points is for the existing property only.
Rick Fisher from Fisher & Associates stated the storm area on the site is less than 20,000 sq. ft. A catch
basin is proposed for stormwater management in the new area that is directed to the existing storm
sewer system.
Mr. Borsuk stated he has concern that there is an increase in impervious surface which increases the
stormwater runoff.
Mr. Gohde stated because there was a house on the property, the increase to the impervious surface is
not dramatic.
Mr. Fisher stated the potential runoff will be directed to the storm sewer rather than to the adjacent
neighbors like it does now.
Mr. Borsuk questioned if the existing parking lot would need to be rebuilt, would it have to meet
storm water standards.
Mr. Gohde stated once the site triggers the 20,000 sq. ft. it would fall under the redevelopment
standards and have to be treated for water quality at that time and the default will have some quantity
control but a specific target would not have to be met.
ITEM: Rezone, GDP/SIP 1311 High Ave
Motion by Propp to approve a zone change from the existing Institutional (I) to Institutional with a
Planned Development Overlay (I -PD) and approval of a general development plan and specific
implementation plan for property located at 1331 High Avenue with the following conditions:
1. Final site lighting plan shall meet all the minimum 0.4 foot candle for parking areas.
2. Northern most curb cut and the residential curb cut shall be remove and replaced with curb and gutter
to City standards.
3. BSM to be allowed 72% impervious surface.
4. BSM to reduce the setback along High Avenue to 4'4".
5. BSM to reduce the rear setback to 7'6".
6. BSM to not provide curb and gutter for the new parking area.
7. An additional 100 landscaping points are required along the north property line near the intersection of
Congress Ave. and High Ave.
8. An additional 50 landscaping points are required along the east property line adjacent to the existing
building.
9. Final landscaping plan shall be approved by the Department of Community Development.
Seconded by Vajgrt. Motion carried 8-0.
ITEM. Rezone, GDP/SIP 1311 High Ave 6
City of Oshkosh
Community Development Department
215 Church Ave
Oshkosh VVI 54903
July 1, 2015
Attention: Community Development Department
RE: Rezoning application for a parking lot for River Valley Church 1331 High Ave, City of
Oshkosh, Oshkosh, Wl
To whom it may concern:
The Church is requesting a rezoning to IDP to allow deviations from some of the current design
standards.
The church was originallyconstructed in 1952, with the current sanctuary being added in1963, and the
current parking lot with 53 stalls being constructed in 2003..
The current parking lot does not have adequate capacity for the attendance of services and other weekly
activities. There are gatherings and Sunday School before, during, and after Sunday services.
The calculated number of parking stalls that are required is 91. The proposed parking lot should be
expanded/reconfigured to have 93 spaces including 4 handicapped accessible spaces that will meet
current ADA requirements.
The church's goals with this project are:
• Expand the parking to maximize the number of spaces available and to minimize street parking in
the surrounding residential area.
• Provide a new entry into the existing gathering space that incorporates a handicapped accessible
entrance ramp and accessible parking.
As part of the IPD; the proposed design will have the following deviations from the current zoning
requirements:
• The overall green space will be 28% vs the current 40% required
• The corner lot side yard setback for the parking lot will be 4'-4" to match existing lot.
• The rear yard setback will be reduced to 6'--4 to match existing.
• A 6'-0" wood board -on -board fence will be installed in the rear yard to match existing fence
rather than landscaping
• The parking lot will be constructed without curb and gutter to match existing. There will be a
catch basin installed in the new parking lot so that all of the water that falls on the pavement,
drains to the storm sewer to avoid runoff to adjacent properties
We thank you for considering this rezoning and site plan application.
Sincerely,
7
Richard J. Fisher, A.I.A.
Senior Project Architect
FISHER & ASSOCIATES, LLC
9 E G Cedar 5t. Dc:rere WI 341 5 rh:920-532-9199 Cali: P2o-376-0007
Page 7
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REZONE.GDP.SIP PEPPLER PROPERTIES LLC HIGH & ASHLAND LLC
1331 HIGH AVE I10 BOX 3301 PO BOX 191
PC: 08-07-18 OSHKOSH WI 54903 OSHKOSH WI 54903
JUSTIN J/JACQUELINE F
DLUGOLENSKI
1565 MARICOPA DR
OSHKOSH WI 54904
J & J HOLDINGS OF WI LLC
1501 ARBORETUM DR
OSHKOSH WI 54901
RANE INVESTMENTS LLC
230 01 -HO ST STE 200
OSHKOSH WI 54902
CITY OF OSHKOSH
PO BOX 1130
OSHKOSH WI 54903
PAINE ART CENTER & GARDENS INC
1410 ALGOMA BLVD
OSHKOSH WI 54901
FISHER AND ASSOCIATES LLC
ATTN: RICHARD J FISHER
916. CEDAR STREET
DE PERE WI 54116
BANE INVESTMENTS .
LLC/GAUTREAU ADVENTURES
230 OHIO ST STE 200
OSHKOSH WI 54902
RIVER VALLEY CHURCH INC
1331 HIGH AVE
OSHKOSH WI 54901
Page 9
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the City of Oshkosh assumes no lability for the accuracy of the infornialJon. Those using the
information are resWib!e for verify" amrracy. For full disclaimer please go to
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