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Home My WebLink About24. 21-220APRIL 27, 2021 21-220 ORDINANCE FIRST READING (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM NEIGHBORHOOD MIXED USE DISTRICT (NMU) TO NEIGHBORHOOD MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (NMU-PD) FOR PROPERTY LOCATED AT 1903 HARRISON STREET INITIATED BY: D & J QUALITY CONSTRUCTION PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 387 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 30-387 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 parcel at 1903 Harrison Street from neighborhood mixed use district (NMU) to neighborhood mixed use district with a planned development overlay (NMU-PD). LOTS 4, 5 AND 6 AND EAST ½ OF VACATED ALLEY WEST OF SAID LOTS IN BLOCK 10 OF THE INTER URBAN LAND CO’S PLAT, AND ½ OF THE ADJACENT RIGHTS- OF-WAY OF HARRISON STREET AND E. GRUENWALD AVENUE, ALL LOCATED IN THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 12, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh APRIL 27, 2021 21-220 ORDINANCE FIRST READING CONT’D enacted Ordinance #21-XXX APPROVE ZONE CHANGE FROM NEIGHBORHOOD MIXED USE DISTRICT (NMU) TO NEIGHBORHOOD MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (NMU-PD) FOR PROPERTY LOCATED AT 1903 HARRISON STREET on May 11, 2021. This ordinance changes the zoning of the described parcels at 1903 Harrison Street from neighborhood mixed use district (NMU) to neighborhood mixed use district with a planned development overlay (NMU-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. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: April 22, 2021 RE: Approve Zone Change from Neighborhood Mixed Use District (NMU) to Neighborhood Mixed Use District with a Planned Development Overlay (NMU- PD) for Property Located at 1903 Harrison Street BACKGROUND The applicant requests a zone change from the existing Neighborhood Mixed Use District (NMU) to Neighborhood Mixed Use District with a Planned Development Overlay (NMU- PD). The subject site consists of a 0.5 acre parcel located on the northwest corner of Harrison Street and East Gruenwald Avenue. The property currently has a 5,378 sq. ft. restaurant (Karmali’s) with associated parking area. The surrounding area consists primarily of residential land uses along with commercial/industrial uses to the east. ANALYSIS The applicant is requesting a zone change to add a Planned Development Overlay to the existing Neighborhood Mixed Use (NMU) base zoning to allow for addition of an outdoor seating area. Staff is supportive of adding the Planned Development Overlay as it will allow flexibility of zoning ordinance standards for additions and improvements to the site and will also allow for further review to ensure that changes to the site will not negatively impact neighboring residential properties. RECOMMENDATION The Plan Commission recommended approval of the general development plan as requested at its April 20, 2021 meeting. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager ITEM: PUBLIC HEARING: ZONE CHANGE FROM NEIGHBORHOOD MIXED USE DISTRICT (NMU) TO NEIGHBORHOOD MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (NMU-PD) & APPROVAL OF A GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR OUTDOOR SEATING AT 1903 HARRISON STREET Plan Commission meeting of April 20, 2021. GENERAL INFORMATION Applicant: Dan Cotter: D&J Quality Construction Owner: SRCR Investments LLC Action(s) Requested: The applicant requests a zone change from the existing Neighborhood Mixed Use District (NMU) to Neighborhood Mixed Use District with a Planned Development Overlay (NMU-PD). The applicant also requests approval of a General Development Plan and Specific Implementation Plan for an outdoor seating area. 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 Background Information: The subject site consists of a 0.5 acre parcel located on the northwest corner of Harrison St. and E Gruenwald Ave. The property currently has a 5,378 sq. ft. restaurant (Karmali’s) with associated parking area. The surrounding area consists primarily of residential land uses along with commercial/industrial uses to the east. Subject Site Existing Land Use Zoning Commercial NMU Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning Existing Uses Zoning North Single Family Residential SR-9 South Single Family Residential SR-9 ITEM II: Rezone & GDP/SIP 1903 Harrison St. 2 East Mixed use/industrial UI West Single Family Residential SR-9 Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Neighborhood Commercial ANALYSIS Zone Change The applicant is requesting a zone change to add a Planned Development Overlay to the existing Neighborhood Mixed Use (NMU) base zoning to allow for addition of an outdoor seating area. Staff is supportive of adding the Planned Development Overlay as it will allow flexibility of zoning ordinance standards for additions and improvements to the site and will also allow for further review to ensure that changes to the site will not negatively impact neighboring residential properties. Use/Site Design Proposed site plan ITEM II: Rezone & GDP/SIP 1903 Harrison St. 3 The applicant plans to add a 24’ X 42’, 8-table, seasonal outdoor seating area on the west side of the existing restaurant building. Outdoor Commercial Entertainment is a conditional use the NMU district. The applicant notes that the building will be remodeled to include an overhead door on the west side for servers and customers to access the outdoor seating area. As the seating area will extend into an existing parking area, the applicant plans to utilize concrete barriers to close off the area from vehicle traffic. The barriers will be removed during winter months to allow the parking area to be utilized. The proposed plans were discussed at a Plan Commission workshop on 6/2/20 and Plan Commission was generally supportive of the plans. A Base Standard Modification (BSM) is required for reduced separation of the outdoor seating area from the neighboring residences to the west. The applicant is proposing a 16’ separation from the property line, where code requires outdoor commercial entertainment areas to be at least 50’ from residentially zoned properties. Staff is supportive of the reduced separation as the outdoor dining area is relatively small in area and will be enclosed with solid fencing and should not result in excessive noise or lighting. The applicant has provided letters from several neighboring property owners supporting the outdoor seating area, including all three of the adjoining properties to the west. One neighbor noted that they are supportive provided the use of the area ceases at 10:00 PM. The outdoor seating area will be required to comply with the City’s noise ordinance. Outdoor seating table layout Parking & Access/Circulation ITEM II: Rezone & GDP/SIP 1903 Harrison St. 4 No changes are being proposed to the parking/access for the site, with the exception of the outdoor seating area being blocked off with barriers while in use. The outdoor seating will result in the loss of 8 parking spaces, leaving 37 spaces remaining, which still meets the minimum parking requirement of 28 spaces for the site. Signage No new signage is being proposed. Landscaping The applicant is not proposing any additional landscaping for the site. Building foundation, street frontage, paved area, and yard landscaping are not required as no impervious surfaces or building areas are being added or reconstructed. Outdoor Commercial Entertainment areas are required to provide a 0.4 opacity bufferyard along borders of the area abutting residentially- zoned properties. A 0.4 opacity bufferyard with minimum 10’ setback requires a combination of 6’ solid fencing and 53 landscaping points per 100 feet. A BSM is required as no additional landscaping is being proposed and the solid fencing around the outdoor seating area is shown as 5’ tall. Staff is supportive of a BSM to allow 0 bufferyard landscaping points as the physical footprint of the site is not being changed and minimal landscaping area is available to install additional landscaping on the site. Staff is recommending that the solid fencing surrounding the outdoor seating area be increased to 6’ tall to meet the fencing portion of the 0.4 opacity requirement. Fencing plan ITEM II: Rezone & GDP/SIP 1903 Harrison St. 5 Storm Water Management Storm water management is not required is the impervious surface for the site is not being changed. Site Lighting A photometric lighting plan has not been included for the seating area. The applicant has noted that low voltage lighting will be utilized at night for the area. A photometric lighting plan will need to be submitted to verify that added lighting will include full cut-off fixtures and will not result in excess of 0.5 fc lighting levels at the property line. This can be addressed under a separate permit. Building Facades No changes are being proposed for the building exterior, with the exception of a glass panel overhead door being added on the west side of the building to allow for customer/employee access to the seating area. Staff does not have concerns with the added door provided exterior materials remain consistent with the existing building. This will be addressed under a separate building permit. 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. Staff recommends approval of the rezone, General Development Plan and Specific Implementation Plan with the findings listed above and the following conditions: 1. BSM to allow reduced separation from residentially zoned properties to 16’, where code requires a 50’ separation. 2. The outdoor seating area shall comply with the City of Oshkosh noise ordinance. 3. BSM to allow 0.4 opacity bufferyard with 0 landscaping points and 6’ tall solid fencing. 4. Final lighting plan shall be submitted to be reviewed by the Department of Community Development. The Plan Commission recommended approval of the zone change as requested at its April 20, 2021 meeting. The following is the Plan Commission’s discussion on the item. ITEM II: Rezone & GDP/SIP 1903 Harrison St. 6 Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Neighborhood Mixed Use District (NMU) to Neighborhood Mixed Use District with a Planned Development Overlay (NMU-PD). The applicant also requests approval of a General Development Plan and Specific Implementation Plan for an outdoor seating area at 1903 Harrison Street. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The applicant requests a zone change from the existing Neighborhood Mixed Use District (NMU) to Neighborhood Mixed Use District with a Planned Development Overlay (NMU-PD). The applicant also requests approval of a General Development Plan and Specific Implementation Plan for an outdoor seating area. He said that staff recommends approval of the rezone, General Development Plan and Specific Implementation Plan with the findings and conditions listed in the staff report. Ms. Propp opened up technical questions to staff. There were no technical questions on this item. Ms. Propp asked for any public comments and asked if the applicant wanted to make any statements. Ronald Mulvey, owner, stated they have already installed the overhead door and have renovated the dining room to help complement the outdoor dining. They find that this is another way for their patrons to be comfortable eating at their restaurant. There were no other public comments on this item. Ms. Propp closed public comments 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. Seconded by Perry. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. REZONE/GDP/SIP 1903 HARRISON ST PC: 04-20-2021 JOHN H HOPPE 911 W 18TH AVE OSHKOSH, WI 54902 KEITH T HAUSWIRTH 1857 HARRISON ST OSHKOSH, WI 54901 ROBERT T/LINDA C SPANBAUER 1912 ASHLAND ST OSHKOSH, WI 54901 THERESA M JACKSON 1910 ASHLAND ST OSHKOSH, WI 54901 JACOB J PERRY/STEVEN F OROURKE 683 N MAIN ST C OSHKOSH, WI 54901 ANN M KUHNZ LIFE ESTATE 1922 ASHLAND ST OSHKOSH, WI 54901 KAYLEE N FRANK 1921 HARRISON ST OSHKOSH, WI 54901 RICHARD/REBECCA NOURSE 1927 HARRISON ST OSHKOSH, WI 54901 JAY H KLINGER 815 BAVARIAN CT OSHKOSH, WI 54901 KLINGER PROPERTIES INC 1910 HARRISON ST OSHKOSH, WI 54901 DAN COTTER 1840 EVANS ST OSHKOSH, WI 54901 SRCR INVESTMENTS LLC 1903 HARRISON ST OSHKOSH, WI 54901 HARRISON STHARRISON STASHLAND STASHLAND STE GRUENWALD AVE GRUENWALD AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 3/26/2021 1 in = 120 ft1 in = 0.02 mi¯1903 HARRISON ST1903 HARRISON ST City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer UI SR-9 BP HI SR-5 I I MR-20 UMU UMU-PD UMU SMU-PD DR-6 SR-3 SR-3 I-PD SR-3 UMU MR-20 UI I-PD NMU DR-6 UMU-PD TR-10 MR-20 MR-20 NMU UI-PD NMU I UMU-PD NMU UMUN MAIN STN MAIN STBOWEN STBOWEN STHHAARRRRIISSOONNSSTTE MURDOCK AVE MURDOCK AV E LINWOOD AVE LINWOOD AVW LINWOOD AVW LINWOOD AV W MURDOCK AVW MURDOCK AV EVANS STEVANS STJEFFERSON STJEFFERSON STASHLAND STASHLAND STE NEVADA AVE NEVADA AVMT VERNON STMT VERNON STLIBBEY AVLIBBEY AV BURDICK STBURDICK STCENTRAL STCENTRAL STVIOLA AVVIOLA AV E GRUENWALD AVE GRUENWALD AV W SMITH AVW SMITH AVCOMET STCOMET STHURON AVHURON AVGENEVA STGENEVA STW NEVADA AVW NEVADA AV MMAALLLLAARRDD AAVV E SMITH AVE SMITH AV DDOOCCTTOORRSS CCTT GREENWOOD CTGREENWOOD CT MT VERNON STMT VERNON STE NEVADA AVE NEVADA AV E SMITH AVE SMITH AV MR-20-PD C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 3/26/2021 1 in = 500 ft1 in = 0.09 mi¯1903 HARRISON ST1903 HARRISON ST City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 3/26/2021 1 in = 100 ft1 in = 0.02 mi¯1903 HARRISON ST1903 HARRISON ST City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer