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HomeMy WebLinkAbout27. 19-312 MAY 28, 2019 19-312 ORDINANCE FIRST READING (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (I-PD); NORTHEAST CORNER OF PUNHOQUA STREET AND RAINBOW DRIVE IN RAINBOW MEMORIAL PARK INITIATED BY: PARKS DEPARTMENT 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 portion of Rainbow Memorial Park located at the northeast corner of Punhoqua Street and Rainbow Drive from Institutional (I) to Institutional District with a Planned Development Overlay (I-PD). LOTS 177 THROUGH 180, LOTS 197, 198 AND THAT PART OF LOT 199 LYING EAST OF EAST LINEAL PUNHOQUA STREET,ALSO LOT 223,THROUGH 242 INCLUDING ALSO PART OF VACATED SHOMIN STREET, ANN STREET, RAINBOW DRIVE AND ALLEY WAYS LYING EAST OF EAST LINEAL SAID PUNHOQUA STREET AND NORTH AND EAST OF RAINBOW DRIVE AS NOW LOCATED ALGOMA ADDITION AS DESCRIBED IN DOCUMENT #1774644 PLUS PUBLIC RIGHT OF WAY ADJACENT TO SAID LOT EXTENDING TO THE CENTERLINE OF PUNHOQUA STREET, RAINBOW DRIVE AND CATHERINE AVENUE, ALL IN THE 16TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. MAY 28, 2019 19-312 ORDINANCE FIRST READING CONT'D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #19-312 APPROVE ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (I-PD); NORTHEAST CORNER OF PUNHOQUA STREET AND RAINBOW DRIVE IN RAINBOW MEMORIAL PARK on June 11, 2019. This ordinance changes the zoning for a portion of Rainbow Memorial Park located at the northeast corner of Punhoqua Street and Rainbow Drive from Institutional (I) to Institutional District with a 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. 1775 m ee. ' R 156.91' sic n Y` -E ^ne 0 a g ❑ 9 8 0 1 e � 65 gCyiS `F I M El ' 1506 a REPP-AV--O 3: 1505 D e io o��1506 1418 1414 1410 1402 1322 1318 i A�H ERa N E AV 1543 1409 1401 1 U1A Eq (� i. ......F.__ - Q vEl ...... 777 ZNE N � �, �, � � if, 1 in=0.03mi i r� t PJ tin=150ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and C,j=:rr the City of Oshkosh assumes no liability for the accuracy of the information. Those using the ref Printing Date:5!6/2019 information are responsible for verifying accuracy, For full disclaimer please go to i !� www,d.oshkosh.wi.us(GlSdisclaimer Prepared by:City of Oshkosh,WI K �"f_1 JAGI&PlanninMPlan Commission Site Plan Map TemplatelPlan Commission Site Plan Map Teinplate,mxd Wer:mina» Alm 'ity of Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Principal Planner DATE: May 23, 2019 RE: Approve Zone Change from Institutional District (I) to Institutional District with a Planned Development Overlay (I-PD); Northeast Corner of Punhoqua Street and Rainbow Drive in Rainbow Memorial Park (Plan Commission Recommends Approval) BACKGROUND The subject area currently consists of one parcel approximately 10.62 acres in size. The subject site is part of Rainbow Park. The Rainbow Park Master Plan, adopted in 2013, identified this area as suitable for development of a 200'ball diamond. The City of Oshkosh Parks Department is now ready to move forward with that plan. The surrounding area consists of single family residential and multi-family residential land uses to the south and west and the Fox River to the north and east. The 2040 Comprehensive Land Use Plan recommends Park use for the subject area. ANALYSIS The petitioner is proposing to construct a 225' ball diamond at the northeast corner of Rainbow Drive and Punhoqua Street. The City of Oshkosh adopted a new zoning ordinance in 2017, which included limitation for fence heights in all zoning districts. The proposed ball diamond includes three twenty foot sections of 24 foot tall backstop fencing and 10' fencing running the length of the infield. Six foot tall fencing would encompass the outfield. The maximum allowed fence height within the Institutional District is 6'. In order to accommodate the higher fence required for a ball diamond, the applicant is proposing to rezone to include a Planned Development Overlay and seek a Base Standard Modification(BSM) for fence height. The fence height BSM is appropriate for park uses and the use was established as an appropriate location during the park master planning process. The additional fence height should not have a detrimental impact on the area. In reviewing the 2013 Rainbow Park Master Plan, staff noted that when several other elements identified in that plan move forward they will also likely require Base Standard Modifications. By establishing the Planned Development as this time, it will be easier for those improvements to move forward in the future. City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1 130 920.236.5000 http://www.ci.oshkosh.wi.us FISCAL IMPACT Changing the zoning should not result in any additional fiscal impact as the action will help facilitate implementation of the Rainbow Memorial Park Master Plan. RECOMMENDATION The Plan Commission recommended approval of the zone change with conditions at its May 21, 2019 meeting. Respectfully Submitted, Approved: Mark Lyon Mark A.Rohloff Principal Planner City Manager City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us C 1775 68. A 156M' o= 1 Du 1506 Q CY PP-Au---© _ z 1505 ��F i .. 7-1 El � aED lo � = � 1506 1418 1414 1410 1402! 1322 1318 4 i THE-RINE AV s' 1409 I 1401 1319"' 1513 a ` (/� I Q o v N — a,., El Ell N= 00 T �V 1 in=0.03 mi tin=150ft NA City of Oshkosh maps and data are intended to be used for general identification purposes only,and C1> the City of Oshkosh assumes no liability for the accuracy of the information. Those using thet information are responsible for verifying accuracy, For full disclaimer please go to Printing Date:516/2019 L (.JSi li` sh www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI GIS`FlanninglPlan Comn issicr:Sita Plan:flap Template Ian Commission Site Plan Wp Te,nplate.mxd User minat E ITEM: PUBLIC HEARING: ZONE CHANGE FROM INSTITUTIONAL DISTRICT (I) TO INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY(I-PD), GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A BALL DIAMOND LOCATED AT RAINBOW PARK GENERALLY DESCRIBED AS THE NORTHEAST CORNER OF PUNHOQUA STREET AND RAINBOW DRIVE Plan Commission meeting of May 21, 2019. GENERAL INFORMATION Applicant: Parks Department Owner: City of Oshkosh Action(s) Requested: The applicant requests a zone change from the existing Institutional District(I) to Institutional District with a Planned Development Overlay(I-PD), approval for a General Development Plan and Specific Implementation Plan for a portion of Rainbow Park,located at the northeast corner of Punhoqua Street and Rainbow Drive. 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. Background Information,Property Location and Type: The subject area currently consists of one parcel approximately 10.62 acres in size. The subject site is part of Rainbow Park. The Rainbow Park Master Plan, adopted in 2013, identified this area as suitable for development of a 200' ball diamond. The surrounding area consists of single family residential and multi-family residential land uses to the south and west and the Fox River to the north and east. The 2040 Comprehensive Land Use Plan recommends Park use for the subject area. Subject Site Existing Land Use Zoning Boys and Girls Club and vacant land I&SR-9 Adjacent Land Use and Zoning Existing Uses Zoning North Fox River ...........----..._..... ---.............__...........__......----..........._-. ............ ..........-....-_..............._..._..............-----.....................----..............................._................................-.............-......................---...................._._................ SouthMix ................._.............._....---...............-......._....._..-.......-............................_..........._................................_...................--...............-_..............._..._.................................................-_.....__................._.. ................... East Fox River ........_.._..........................._._................................._..................................—------—......-..._.............-.....-_..............._........-_........._._........................................................---..................................._. .............................-........................_................._....................... West Mixed Residential I&MR-12 Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Park ANALYSIS Use/Site Design The petitioner is proposing to construct a 225'ball diamond at the northeast corner of Rainbow Drive and Punhoqua Street. The 2013 Rainbow Park Master plan identified this area as a suitable location for an additional ball diamond. The City of Oshkosh Parks Department is now ready to move forward with that plan. The City of Oshkosh adopted a new zoning ordinance in 2017, which included limitation for fence heights in all zoning districts. The proposed ball diamond includes three twenty foot sections of 24 foot tall backstop fencing and 10' fencing running the length of the infield. Six foot tall fencing would encompass the outfield.The maximum allowed fence height within the Institutional District is 6'. In order to accommodate the higher fence required for a ball diamond,the applicant is proposing to rezone to include a Planned Development Overlay and seek a Base Standard Modification(BSM) for fence height. Staff is in support of the fence height BSM as the development is appropriate for park uses and was established as an appropriate location during the park master planning process. The additional fence height should not have a detrimental impact on the area. Planning staff was concerned with the potential impacts field lightning could have on the adjacent residential area. The applicant has stated the ball diamond will not be lit, therefore staff recommends a condition prohibiting lights. Should the applicant wish to light the field at a future date,they would be required obtain a separate Specific Implementation Plan amendment and the impact of the lights can be evaluated at that time. The applicant is also proposing to construct two dugouts and a small section of bleachers. Staff is in support of a zone change to include the Planned Development Overlay as the subject site is presently being utilized as park and the previously approved park master plan indicated a potential ball diamond use for this area of the park. Staff also reviewed other aspects of the 2013 Rainbow Park Master Plan and noted that when several other elements identified in that plan move forward they will also likely require Base Standard Modifications.By establishing the Planned Development as this time, it will be easier for those improvements to move forward in the future. Storm Water Management/Utilities No changes are proposed related to storm water management. ITEA1-Rezone.GDR SIP Rainbow Park 2 Landscaping No landscaping improvements are proposed as part of this development. Sinae The applicant has not indicated any advertising signage. They have included the proposed scoreboard. The proposed scoreboard area is 4'x9'. The scoreboard will also include a field sign and a small approximately 4'x5' advertising panel. The location and size of the advertising panel would not be classified as a sign per the city code as it is intended to only provide information to on-site occupants and not people within the public right-of-way. 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. (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. ITEM-Rezone.GDR SIP Rainbow Park 3 Staff recommends approval of the rezone, General Development Plan and Specific Implementation Plan with the findings listed above and the proposed following conditions: 1. Base Standard Modification to allow three twenty foot wide sections of 24' tall backstop fencing and 10' fencing along the ball diamond infield. 2. Field lighting is prohibited. The Plan Commission approved the rezone, General Development Plan and Specific Implementation Plan with conditions noted. The following is the Plan Commission's discussion on this item. Site Inspections: Report: No commissioners reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Institutional District(I) to Institutional District with a Planned Development Overlay (I-PD), approval for a General Development Plan and Specific Implementation Plan for a portion of Rainbow Park, located at the northeast corner of Punhoqua Street and Rainbow Drive. Mr. Lyons presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The petitioner is proposing to construct a 225'ball diamond at the northeast corner of Rainbow Drive and Punhoqua Street. The 2013 Rainbow Park Master plan identified this area as a suitable location for an additional ball diamond. The City of Oshkosh Parks Department is now ready to move forward with that plan. Base Standard Modifications (BSM) will be needed for the three twenty foot sections of 24 foot tall backstop fencing and 10'fencing running the length of the infield. Six foot tall fencing would encompass the outfield. The maximum allowed fence height within the Institutional District is 6'. In order to accommodate the higher fence required for a ball diamond, the applicant is proposing to rezone to include a Planned Development Overlay and seek a BSM for fence height. The applicant has stated the ball diamond will not be lit. The applicant is also proposing to construct two dugouts and a small section of bleachers. The applicant has included a proposed scoreboard. The scoreboard is 4'x9' in area. The scoreboard will also include a field sign and a small approximately 4'x5' advertising panel. Mr. Fojtik opened up technical questions to staff. There were no technical questions on this item. Mr. Fojtik opened up the public hearing and asked if the applicant wanted to make any statements. Ray Maurer (applicant), said he is Parks Director for the City. He thanked staff for working with him on this item. He addressed the condition prohibiting the lights and requested to remove that ITEM-Rezone.GDP.SIP Rainbow Park 4 condition. He explained there is not enough funding for the lights currently but it is part of the Master Plan which was approved in 2013. He said he would like not to go through this process in the future when adding lights. He said there has been discussion with staff about looking into the zoning code regarding parks being zoned as Institutional. He said there are future projects that the Institutional district prohibits and he would like not to go through the Planned Development process for those projects. Mr. Hinz asked if this was a youth only field. Mr.Maurer confirmed it was youth only. Mr. Hinz said if there was lighting on the field,he wouldn't imagine it going past 9-9:30 pm which is barely after dark in the summer. Mr. Maurer said that would be his intention as well. He explained Spanbauer games typically end around 9-9:30 pm unless there is a make-up game which could go to potentially 10:00 pm. Mr.Hinz stated it is youth only leagues which is different from recreational leagues that could run until 11:00 pm or so at night. Mr.Maurer replied correct. Karen Hartley, 1711 Punhoqua Street, said he lives directly across from the ball diamond. She inquired about the fill that was added in the ball diamond because she has not seen anyone out there since. She is concerned about all the standing water in the area and asked if this project would remediate the water issues. She said the fill has sunk down and she feels there are a lot of areas that still need fill in order to make it safe for children. Mr. Maurer replied they have a contractor that is working on this field as well as the Spanbauer field. He said the contractor is scheduled for next week,weather dependent. He explained the site where the fill was added needs to be graded. He stated it is in the budget to bring in more top soil to feather in the fill once the infield has been graded. He said there is a drainage plan. Ms. Hartley said the corner of Veteran Trail and Punhoqua Street is deep in water. Mr.Maurer replied they will have to take a look at that once the contractor is out there. He said they have not talked about it yet but will remediate the issues if needed. Mr. Propp asked Ms. Hartley how she felt about lighting in the ball diamond. Ms. Hartley stated it would directly impact her because she is right across the street. She explained the houses in the area have big bay windows in the front of the house because they were built in the 1950's and that was the style. She said she does not mind the ball diamond but having the lights would impact her greatly. She also has concerns about the traffic because there is no room for traffic with the events that are currently held. She stated she did not see a parking ITEM-Rezone.GDESIP Rainbow Park 5 area plan in the request. She stated her front yard is well lit when the pickleball lights are on which is significantly further away than the proposed ball diamond. Mr.Maurer addressed the parking and agreed there is currently limited parking. He said as of now,it will be street parking like it has always been. He said they are looking at ways of adding parking to the north utilizing the Menominee Rainbow Memorial Park Master Plan and Lakeshore Park Master Plan. Alan Repp, 1506 Repp Avenue, said he has lived across Rainbow Park for 76 years out of his SO years. He said he is well aware of the area and the events. He said he is glad there is no lighting proposed currently but would be against it if there was. He also has concerns about the limited parking. He stated he is not against parks and there are seven parks within six blocks of him. Carla Baier, 1653 Rainbow Drive,recommends not installing lights. She stated she goes to bed early and the lights would greatly impact her since her bedroom is in the front of the home. She inquired about litter/waste in the parks and asked who was responsible for cleaning it up. Mr. Maurer replied since 1999 or 2000,the park system has a take out what you bring in rule which is similar to state parks. He said most people do not do that. He said the park employees clean out the restrooms and check the parks for litter daily. He said they also work with the user groups on cleaning up as well. Ms. Baier stated she also has concerns about the limited parking. There were no other public comments on this item. Mr. Fojtik closed the public hearing and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant Motion by Ford to adopt the findings and recommendation as stated in the staff report. Conditions: 1. Base Standard Modification to allozo three twenty foot wide sections of 24'tall backstop fencing and 10'fencing along the ball diamond infield. 2. Field lighting is prohibited. Seconded by Vajgrt. Mr. Fojtik asked if there was any discussion about the motion. Mr.Hinz said he has umpired softball for over a decade in the city. He said lights do not come on much before 9:00 pm in the summertime. He explained the light are aimed at the field because it ITEM-Rezone.GDP.SIP Rainbow Park 6 gets dark very quickly in the outfield. He feel the applicant will be coming back to Plan Commission for an amendment because having no lights could cut hours off the games or an entire game for the kids. Ms. Propp said at the moment she would prefer to leave the lighting out and have the applicant come back to Plan Commission. She said this would allow Plan Commission time for more discussion on the impact of the lighting. Mr. Ford asked if staff had evaluated the impact of the lighting. Mr. Lyons replied they had not because they do not know the height of the lighting. He explained that if the condition was removed, the applicant would still have to come back for a Base Standard Modification if the light pole heights were more than 20 feet. Mr. Ford agreed to proceed as is. Motion carried 9-0. ITEM-Rezone.GDP.SIP Rainbow Park 7 }Z .QJ o F - -g a t0a < a0 zGg a o o 5 5 J s <� m& ° F C Z N N 1DG1 `• U Z cQQd ¢ Z� O W S�3 � ° gWaz a `oa So<y 3 w w w mwLLma ao m=�' 1 - o No m a 3 (n o="5wd haw �gioo ?3w w = oo I� 3 m z °z� _`,`w� yow3<3mO sia w � u - 6 'da n i a° "O O Z J3 � lga`� gtaS�$<o F w W _ _ ga og w a y�yw° <a�w- �n�N am< G F o x y 3 - �� <=Z. 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RAINBOW PARK- SOFTBALL FIELD 3317 BUSINESS PARK DRIVE CITY OF OSHKOSH STEVENS POINT,WI 54482 0 ;h PROJECT#:12.008 WINNEBAGO COUNTY,WI City of Oshkosh DATE:01-15-2018 REZONE?GDP?SIP ALAN D REPP BARBARA J KONKEL RAINBOW PARK 1506 REPP AVE 1314 CATHERINE AVE PC:05-21-19 OSHKOSH WI 54902 OSHKOSH WI 54902 BRUCE J/ANNE M SAGER CARLA M BAIER CITY OF OSHKOSH 1703 PUNHOQUA ST 1653 RAINBOW DR PO BOX 1130 OSHKOSH WI 54902 OSHKOSH WI 54902 OSHKOSH WI 54903 GLEN/LORI TANK JASON J BEULEN KARL S/LINDSEY J MUELLER 1707 PUNHOQUA ST 3565 BAMBI LN 34 TAYCO ST OSHKOSH WI 54902 OSHKOSH WI 54904 MENASHA WI 54952 RANE INVESTMENTS LLC ROBERT F/KAREN F HARTLEY III STEVEN MCHUGH 230 OHIO ST STE 200 1711 PUNHOQUA ST 1630 PUNHOQUA ST OSHKOSH WI 54902 OSHKOSH WI 54902 OSHKOSH WI 54902 i-- l _..... 8R-9 E UMU ' \ ; ' I UMU-PD \ ..........._ a � UMU SRQPD \ \ o s® SR=3 CBP-PD - m <- o F17 177, MR-12 E SR-5 - = D\MR y� 1i i SR-2 UMU UMU-tRFO I•PD SH AV CON �\ CBP-PD SR_9 r I UMU I` NMU ; MR- \ \, MR-20-RFO r � / MU=PD I ._.. ............. . 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