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HomeMy WebLinkAboutIVPLAN COMMISSION STAFF REPORT MAY 20, 2008 ITEM IV: ZONE CHANGE FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO C-2 GENERAL COMMERCIAL DISTRICT FOR PROPERTY LOCATED AT THE 200 BLOCK OF BACON AVENUE GENERAL INFORMATION Applicant/Owner: Seth Murphy, Mike's Place Restaurant Action(s) Requested: The applicant is requesting a zone change from R-1 Single Family Residence District to C-2 General Commercial District for a dumpster location for Mike's Place Restaurant. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies on the Comprehensive Plan and good planning principles. Property Location and Background Information: The subject 0.13 acre site is currently a vacant parcel east of the off-street parking area of Mike's Place Restaurant. Single-family residential uses are located to the east and south of the subject property. To the north the land is located in the Town of Oshkosh and currently undeveloped. Subject Site ~ Existing Land Use Zoning Two Sin le-Famil Residences R-1 Adjacent Land Use and Zoning Existing Land Uses Zoning North Undevelo ed/Trailer Stora e R-1 (County) South Sin le-Famil Residential R-1 East Sin le-Famil Residential R-1 West Restaurant C-2 Com rehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The Comprehensive Plan Land Use Map identifies the subject site as appropriate for residential use and a zone change to commercial zoning is being requested. The parcel to be rezoned to C-2 General Commercial is also proposed to be combined with the restaurant property and be developed with a dumpster enclosure, with the remainder of the property to be used for snow storage. The zone change request is inconsistent with the city's long-term comprehensive land use recommendation for residential use. Staff feels the comprehensive plan's recommendation better reflects the vision for the area, with the area immediately to the south and east of the proposed zone change already developed residentially. An analysis of the site finds the existing restaurant currently has approximately 52 parking stalls. The Off-Street Parking Section of the Zoning Ordinance requires dine-in restaurants to provide one stall per 100 square feet of interior space. City Assessor's records indicate the size of the building at 2,794 square feet, therefore, a minimum of 28 stalls are required per code. Based on this finding the owners have the option to utilize some of the existing parking stalls for construction of a dumpster enclosure on the existing site. Staff feels the rezoning to a commercial district will encroach into the established neighborhood to the east. The rezoning will potentially have a negative impact on these properties by disrupting the established land use pattern in the area. Staff sees the parcel as developable for asingle-family residence and feels the rezoning request as inappropriate. RECOMMENDATION/CONDITIONS Staff recommends denial of rezoning request as proposed. ITEM I ~ REZONE BACON AV O.fHKQfH ON THE WATER APPLICANT INFORMATION r' i .~~ Petitioner: ~i SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 PHONE: (920) 236-5059 Date: y`Z ~ "`~~ Petitioner's Address: Zy~Z ~.~~.::,-. J~ City: Qjh~p~~ State: ~ Zip: ~~~~ Telephone #: (~~~)) •~t)b~y Fax: Status of Petitioner (Please Check): J~ Owner Petitioner's Signature (required): Date: ~~ ~ '~~ OWNER INFORMATIONC j~j~ J Owner(s): J ~~~ / Y/ lj(/-~0 ~'7~~ Date: '~ ~.~'y~ Owner(s) Address: ~ / ~~ ~' 1 ` l Vi la„~ ~T~ City: (~j ~ ~9S ~ State: ~'~-- Zip:~~~~ ~ Telephone #: (~ l~ ~ ~ 3 ~I `/ ~ Fax: ( ) '-"- Other Contact # or Email: Ownership Status (Please Check): ^ Individual ^ Trust ^ Partnership Corporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and maybe postponed by the Plannyrg~Servi~P~~~~n..~r incomplete submissions or other administrative reasons. Date: Property Owner's Signature: ,,~~ ~ ~ "" ~ Z~""~' ZONING AND DEVELOPMENT INFORMATION Address/Location of Rezoning Request: ~r3t 4--n ~ r t'`-t-~ Tax Parcel Number(s): ~ ~ ~ D L~ ~D ©0 Rezone property from: ~~S i ~ C n"w'I~Q ( to ~~ yr~.Qr[,i`a ~ Purpose for Rezoning: ~r'-?rp~ti/ l~T "~ ~t LfS~~ 1C~ f ~ ~~~.Idye~ `~.~~i5~ (~ vr.~,oS`C-tr` Sri h ~ ~'e-r~ a~~ Describe existing property development and ]and use: ~'~"D`t'Y ~~~` ~ a r~M 5-~~i~ i.. ~ ~ -- 1 ~~ ~ ~ Describe proposed development and/or proposed land use: ~~ rtV X ~~ L, (~~~GI ~'tc: r"~~ F~ ~ Cj~ w~kr, V~i7~.11 ~ ~~'1GIJSC. ~„it"l,I^ ~~d ~,-t'~nz~-~ F=7~71tA I~vl~~ p+l~ ~~r Sj"Y'Y.7:Z Pit'. ff'' Proposed time schedule for development and/or use of the property: L2~+ ' ~ ''' "~ 't>~ ASAP ~U.~L City of Oshkosh Application Rezoning **PLEASE TYPE OR PRINT USING BLACK INK** Other Contact # or Email: ~ (~~~~ 3J~ `~~`7~ 7 Representative ^ Tenant ^ Prospective Buyer Staff Date Recd ~~~~ 3 Zoning Adjacent to the Site: North: wns~;~ _~ F~s~~s~) w~~~d South: l ~ c~ C~.j ~ 11 ~~ /~ ~ ~ C~S j ~c n ~`~ ~ 1 East: ~. ~~S I d~ h`F C:~ West: ~' I ~~-- .~a~KC ~:-~ ~ ~~~1`~S J,I~ ~2 ~'1`LWC~T P l~ A!"~ ~~""~ /~l SUBMITTAL REQUIREMENTS -Must accompany the application to be complete. >Ki Map of the immediate area showing property involved. Area to be rezoned must be outlined in color ~ A site plan drawn to readable scale showing present status of property and proposed development >81 Street address, adjacent streets, intersections and any other information or landmarks to help identify the property t~ Location of existing uses, structures, fences and signs and location of proposed uses, structures, fences and signs ~ A narrative statement explaining the zone change and discussion of the project - Application fees are due at time of submittal. Make check payable to City of Oshkosh. - Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE SUMMARY OF PROCESS The City of Oshkosh Plan Commission and Common Council act on all zone changes. The petitioner or owner should be present at both the Plan Commission and Common Council meetings to discuss and answer questions regarding the request. Neighborhood opinion is an important factor in the decision-making process. For complex or controversial proposals, it is recommended that the petitioner conduct a neighborhood meeting to solicit public input prior to action by the Plan Commission and City Council. Planning Services staff is available to offer assistance in compiling a mailing list for the neighborhood meeting. Please note that a meeting notice will be mailed to all abutting property owners regarding your request. The application package is reviewed by Planning Services staff to determine conformance with adopted city plans, zoning requirements and development standards. A staff recommendation is prepared for consideration by the Plan Commission and Common Council. The petitioner will be provided with a copy of the staff report and meeting notice several days prior to the Plan Commission meeting. No notice is sent to the petitioner or owner regarding the Common Council's consideration of the request. Petitioners and owners are encouraged to contact Planning Services staff to find out when the request will be sent to the Common Council for review. The Plan Commission's decision is advisory only. The Common Council will make the final decision regarding all zone change requests. The Plan Commission may lay over requests to subsequent meetings if incomplete information is provided or additional questions or concerns are raised at the meeting. After the Plan Commission makes its recommendation, the request will be forwarded to the Common Council for consideration. This generally occurs three weeks after the Plan Commission meeting depending on the date the Council meeting is scheduled (the Council meets on the 2"d and 4`'' Tuesday of every month) and on the availability of a legal description for the zone change. Wisconsin State Statutes require a zone change to be published as Class II notice in the local newspaper, the City takes care of this publication requirement prior to the Council meeting. If Council approves the rezoning, the Ordinance is published in the newspaper on the following Saturday and will be effective on Sunday. City administrative offices are notified of the effective date of the Ordinance and will make changes to the official zoning map accordingly. For more information please visit the City's website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm 4 Mike's Place 2402 Jackson St Oshkosh WI 54901 We are submitting a proposal for a zone change on parcel number 1518290000 from R-1 to C-2. It currently a vacant lot that adjoins our parking lot at 2402 Jackson St. The lot address is on Bacon Ave. We would like to add a concrete slab 20'x36', so that we may inclose our trash dumpsters with a wood fence and gate. We would like to allow about 8' of the slab south of the fence to be open (unfenced), to be used as an area for snow placement from plowing. Seth Mu h Owner 5 /~ VJ ~ N N N ~ N ~ O ~ r ~~ _ ma ¢~°. a'q ~F~o9~ .,xga;~•~ag p ~ Y; Q' eyg ~ ~ wp~~~ St W Ca ~ ~$ ;~~ ~s ~ ca'ce~B~ge~ y_ C A~ T 4 Y .`.DES€°~~ fi ', ~.° e ~ ~ ~3 M 1=;F; ~°~ 00 '7 ~ ~ ~ Y ~ L N m ~ •` Q Q in 115.55' [~ ~4E7i ,49'99 Cj ZiEIi p-~r.-+ ~,~, ~ ~ Yc ~"~ t~~ lt,- ~' _ m ~L~ X124 ~ ~ ^s"' Via' -' _ c ,o os ~ ~ 1 c ~ T._"7_'' o ~ m ~ i r'a`n .~ ~~5~"' ~ 2 ~ ~.r. r '~~4~ 5 ~ E Z ~ ~ 1 ~, ~° ~ s. , ~ ~, m ~ .; l ~ i..~..-~ ~ ~e l~ ~; ~is m rY'..~- 1 15..`5' ~ i c, y t ~' ~ilrY m t ~. ` ~ ,8 .,~--~ ,B'LS -.- 9'Sll '~''~t. "~ ~ _ ,7 F __, vi Z .Y ~ .n r .~ ,l0'9S L ~ ~ pi y ' 7 ~ ro I ~ m , ~ ~ . -~" ,e'su ,~ .. . ~ ~ N $ ~. N N 5. 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C~ N O _ ~. ~~.__ 1 1 N ---~ ` ? SUBJECT 0 -- - SITE °' ~ N i ; ~ O .; ~ 279.0' '< k xx n' '>! - ~`;x y K1 e.Y ~~`v I _ Pxx :i' j.! U ~L, n ~, xxx" N ~ x . IJ Ili N n:;~-. x x U ' 210 I ~ 2 t~ i ~ I _ 222 50.00' 50.00' 81.88' 82.00' _ ___._ _ _ _ -B ~+ _-_-/ _V~ . _.__ C _ ______._ _ _ _._ _ _ __ _ _._._ _ _ _ V / _ II r` M i, M ~ N i M M N ~ 229 223 ~ ~~ -__ ~ JJ ~~ 215 ~ 205 13e.o' I _ - ~ ~ e yi N N 'n ~ N ~ ~ -- r ~ .- i I I ~ ~ ' 138.0'.. - ~~ r ~ i 50.0' 50.0' 50.0' 100.0' 88.0' 297.68' a 5 0 317.5' ~~~--------~~~~^^^ I M N i M M i N N i ~ ' °i m L~ --- ~ ~ ~ i N ~ M i N i o M °n N (O ~ o 298.05' ~ - - -- 317.5' I`~i5'"~' 1 L-J j M e N II I ~_____ ~--- ~ i i __ 50.0' 50.0' 178.0' 50.0' 50.0' 50.0' 50.0' 68.0' ~ BI ~ ". M o li ~ N ~ N I? f ~,1 Y~ e f i sa.o, DISCLAIMER REZONING PETITION O This map Is neither a legally recorded map nor a survey and it is not Intended to be used as one. This drawing Is a compilation of records, data R _ ~ TO (~ _~ 1 ` 1 V N -~,f HK f H and Information located In venous city county and state offices and other sources affecting 200 BLOCK BACON AV °~ TME w°~ the area shown and It Is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any Inaccuracies herein contained. Ifdiscre enciesarefo nd l s t tth ~I ~ Scale: 1 = 100 City of Oshkosh De artment of P C it D l t p u ,p ea econ ac e City of Oshkosh. ommun y eve opmen Created by - dff 05/12/08 9 °o 0 M °o CQC N G ,_ Z SUBJECT SITE Z 0 U ~ ~~ AVE. AVEII DISCLAIMER REZONING PETITION This map is neither a legally recorded map nor ~T a survey and It is not Intended to be used as one. R-1 TO C-2 lr This drawing Is a compllatlon of records, data lHK f H and Information located In various city, county 200 BLOCK BACON AV «. TME W.T~ and state ofnces and other sources affecting the area shown and it is to be used for reference City Of ~SiIiCOSiI purposes only. The City of Oshkosh is not re- sponsiblefor any Inaccuracies herein contained. ~~ I Department of If discrepancies are found, please contact the Scale: 1 = 1000 Community Development City of Oshkosh. Created by - dff 05/12/08 10 DISCLAIMER This map is neither a legally recorded map nor a survey and It is not Intended to be used as one. This drawing is a compilation of records, data and information located In various city, county and state offices and other sources affecting the area shown and It is to be used for reference purposes only. The City of Oshkosh is not re- sponsiblefor any inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. Created by - dff REZONING PETITION R-1 TO C-2 200 BLOCK BACON AV Scale: 1" = 100' N JHK 1H ON THE WATER City of Oshkosh Department of Community Development 05/12/081