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HomeMy WebLinkAboutIIPLAN COMMISSION STAFF REPORT JUNE 3, 2008 ITEM II: ZONE CHANGE FROM C-2 GENERAL COMMERCIAL AND R-1 SINGLE FAMILY RESIDENCE DISTRICT TO C-1 NEIGHBORHOOD BUSINESS DISTRICT FOR PROPERTY LOCATED AT 2402 JACKSON STREET AND 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 C-2 General Commercial and R-1 Single Family Residence Districts to C-1 Neighborhood Business District for the parcel of land containing Mike's Place Restaurant and the vacant residential lot east of and adjacent to the restaurant property. Note: At the May 20`" Plan Commission Meeting, a zone change request for the rezoning of the vacant single family parcel from R-1 Single family to C-2 General Commercial District was laid over to allow city staff to discuss other options with the applicant/owner. 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 area contains approximately 0.86 acres, of which, 0.73 acres containing the restaurant site (zoned C-2), and the remaining 0.13 acres the vacant R-1 parcel. Single-family residential uses are located to the east and south of the subject property; to the west exists commercial uses including a tavern and professional office space; and to the north the land is located in the Town of Oshkosh and contains a deserted house and a few abandoned semi trailers. Subiect Site Existin Land Use Zonin Commercial/Restaurant, Vacant Residential Lot C-2, R-1 Adiacent Land Use and Zoning Existing Land Uses` Zoning North Undevelo ed/Trailer Storage R-1 (County) South Commercial, Sin le-Famil Residential C-2, R-1 East Sin le-Famil Residential R-1 West Tavern, Offices C-2 Corn rehensive Plan Land Use Recommendation. . ...Land Use 10 Year Land Use Recommendation Commercial / Residential 20 Year Land Use Recommendation Commercial / Residential ANALYSIS The Comprehensive Plan Land Use Map identifies the restaurant site as appropriate for commercial use and the vacant parcel appropriate for residential use. The zone change request for the vacant parcel is inconsistent with the city's long-term comprehensive land use recommendation for residential use. Although the city mostly follows the Comprehensive Plan's recommendation when a zone change is requested, there are situations where city staff uses good planning judgments that may conflict with the Plan's recommendation. The Comprehensive Land Use Map remains a valuable guide for almost all situations; however, there are times where a small, specific site has to be examined more closely. At the May 20th Plan Commission meeting, the applicant/owner requested a rezoning of the vacant parcel to C-2 General Commercial District to match the zoning of the restaurant property. The Commission was undecided if the rezoning of the vacant parcel to C-2 was in the best interest of the City and neighborhood as it conflicted with the recommended land use of the property and potentially allowed more intensive commercial uses on the site. The Plan Commission asked that city staff meet with the owner to discuss other options and long-term plans for the property and the request was laid over. Staff did meet with the owner who intends to combine the parcels and construct a concrete slab and dumpster enclosure on the vacant parcel to improve the aesthetics of the property. Currently, the dumpsters are not screened and the underlying asphalt has failed and is extremely rutted. Although the restaurant property does have space to construct an enclosure on-site, several parking stalls would be eliminated to meet setback requirements for the new enclosure and space needed for delivery and garbage truck maneuvering. The owner also plans to provide landscaping along Bacon Avenue (vacant parcel only) in the form of a berm and shrubs. This will lessen the impact of the proposed enclosure on the adjacent properties. The owner feels the vacant single-family lot is better suited to be used in conjunction with restaurant site. It allows improving the aesthetics of the site while not losing valuable parking area. After a closer evaluation, staff concurs with this assessment. It is true that the vacant lot could be developed with asingle-family residence; however, it would be adjacent to unscreened free-standing dumpsters and zero-foot setback parking lot -not ideal conditions for a new home. By rezoning the properties and combining the lots, a permanent buffer can be established between the proposed dumpster enclosure and the residential use to the east. Staff feels the rezoning to a C-1 Neighborhood Business District will not as severely encroach into the established neighborhood to the south and east as compared to a C-2 rezoning. Staff feels this is a good compromise as it will bring the restaurant into compliance in regards to providing a dumpster enclosure, as well as improve the look of the neighborhood. RECOMMENDATION/CONDITIONS Staff recommends approval of rezoning request as proposed. ITEM II-REZONE JACKSON/BACON O.IHKQfH ON THE WATER APPLICANT INFORMATION 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.S ""`~~ Petitioner's Address: ~~©Z ~.J~C~~,~ J ~` City: O j~f~5 ~ State: ~-- Zip: ~~~~ Telephone #: (~~~)) ~~C~6~'y Fax: Status of Petitioner (Please Check): ~ Owner Petitioner's Signature (required): Date: ~~'~~ OWNER INFORMATION ~n S ~~~ / ~'((N'~0 ~t/ Date: `~ ~S "`~B Owner(s): Q °~ Owner(s) Address: ~ / C,d L ~ ~ ~~/i ~~ ~T City: ..S ~ ~S ~ _ State: ~~ Zip:~~~'~ ~ Telephone #: (~ Z~ S~ ~ 3 - II ~7 Fax: ( ) "'-" Other Contact # or Emai~l:-_ Ownership Status (Please Check): ^ Individual ^ Trust ^ Partnership Corporation Property Owner Consent: (required) By signature hereon, UWe 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 may be postponed by the Planni~rg~Servic s ~ 'sioa.~or incomplete submissions or other administrative reasons. Property Owner's Signature: Date: 7 z~"-~ ZONING AND DEVELOPMENT INFORMATION ~~,~ _~'~~~ ~- ~ ~"~'`~ ` ~~~~~ Address/Location of Rezoning Request: ~sv ~r314~~ /'~l^~Z-- Tax Parcel Number(s): Rezone property from: City of Oshkosh Application Rezoning **PLEASE TYPE OR PRINT USING BLACK INK** Purpose for Rezoning: ~rn~~~ /oT "~ ~~ ~5~~ ICS r ~ 'a ~ ~ ~r Describe existing property development and land use: ~ ~"~7`1'~ I o7- ~ ~ ~"~.rt S~~C.~ -- G[ Describe proposed development and/or proposed land use: 3~ /rN X Z~ ~., ~'~~~~= ~~~ i ~~ f ~~ Y/iio~j~ C'nt.I~S~ i~i~~ ~:~~ ~n~-~ ~c"~'g~`~ la.lc~.~ P+~c~ 5~~ Sj"?J:y ~~L~ Proposed time schedule for development and/or use of the property: L ~' y'am' j~~'_"~` ~5~~ ~U~ Other Contact # or Email: ~' (72y ,~~~'-//~j/7 Representative ^ Tenant ^ Prospective Buyer Staff Date Recd YrO~~ 3 Zoning Adjacent to the Site: North: ~In/hs~7~`J 71-V~~~K~S''l ~~J~Nd South: Y~ c1- Ls, r~ N V ~',~ ~ l ('S l ~L' r-Z l'-; ~ l East: ~. ~~S I ~-r' h~ t~ West: 2W O Z ~.3~C.K.S s ^ ~ ~~ ~~S ~,'~ ~ ~'f ;yz,rq,~T '1° ~ ~~ i~ ~J) SUBMITTAL REQUIREMENTS -Must accompany the application to be complete. Lei 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 ~ Street address, adjacent streets, intersections and any other information or landmarks to help identify the property l~ 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 bepresent 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 prepazed 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 forwazded 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 .FI $$'Seme ~~~ ~ ~ ~ O gg Ea~a~~'tle8 ~ ~ y N N ~ ~ yoxt~'a.~~ ~"; O O o L O ,[ ~~ _ _~ T9 .y > R~'~.'h da ~ s"°=s ~a ~ a y N ~ O U _ ~ ~ V °w o~ e '~ 5a"~wsa' .Z' ~ N `~- ° O ~ go ~ m~ Q. N O V •~E~ . a a• w E~ ~. a '~ ~~# Q V '9 '9'y e w a a2 w Y 7 N n `/~ i -A~s9~ ~? Lh ,o~oo~ 'o~`s` L£EZ 6Z£Z 9Z£Z LZEZ L~,},Z LObZ L££Z 5 I - A'S9 L V A'OUL ALSL L££Z 6ZEZ SZEZ lZ£Z LtibZ LObZ 6££Z SETH MURPHY-MIKE'S PLACE REZONING-JACKSON/BACON AV PC: 06-03-08 MURPHY SETH I/ERIN D 2402 JACKSON ST OSHKOSH WI 54901 1508 KOMOROWSKI 3952 APPLE OSHKOSH WI BOCK NORMA 2242 WHITE OSHKOSH WI LAVERNE LN 54902 RE 2490 JACKSON ST V ETAL SWAN DR 54901 RE 2334 JACKSON ST REYNOLDS DAVID L 229 BACON AVE OSHKOSH WI 54901 1801 IM KI T/SEUNG H 303 BACON AVE OSHKOSH WI 54901 1879 ASEN KYM 309 BACON AV OSHKOSH WI 54901 BOCK NORMAN/DUMKE & ASSOC 222 OHIO ST OSHKOSH WI 59902 RE 2337 JACKSON ST WILKINS RICHARD A 2340 GENEVA ST OSHKOSH WI 54901 1804 RE 223 BACON AV BEERNTSEN KAREN 222 BACON AVE OSHKOSH WI 54901 1802 RE VACANT LOT-BACON AV EDRON REAL ESTATE LLC 2407 JACKSON ST OSHKOSH WI 54901 7 p' 3so.o' u7 ~ L~ N; N zao.o' CURRENTLY ~~ N ZONED C-2 •. - - '_'i'+-_'~ CURRENTLY 0 ZONED R-1 ,~~~ f~ . ,~Vn u N ii I ?; ~x~ k~Xx•GX ~, vin p, ~'' '~w~ YK^ 222 2 ",x": ' ><• ":~. ;,~ >C`• "l ~'>. x"'•G"x ".~ x~` 50.00' 50.00' 81.88' 280.0' i x."`: `,x~\.~'="~:..yx.~;r, x,sr. ;K~vu ."•"'.>< ,i x„X .c .. ~ ~ :~ i .. _____________ __BAVON___AVE._________.__.____. L._._._._._,. _._._.. _.._. _._ _ . i i ~ ~~ ~ p .229,, 223 215 2 M - -- M i M N N - ~~ m ~ e ' ~ -~ ~ ~ a i 5 .0' i ~ ~ ~,0~ 50.0' 50.0' 100.0' 260.0' 86.0' 317.5' _ .~....-- ~i 297.68' r- ~ ~ ° M N ~ m M M i N N I ~ ~ - N ...,~ c Ch 317.5' ' ~ (V 298.05' 1~ 428.b5'- l17 ' -,_- ~~ M M ~ N , c M e N .- 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' .( ~j 179.0' - m o '~ ~ ~ ~ I ~ ^ 6' DISCLAIMER REZONING PETITION This map is neither a legally recorded map nor C-2 & R-1 TO C-1 a survey and it is not Intended to be used as one. N This drawing is a compilation of records, data 2402 JACKSON ST & .f HK 1 H and Information located in various city, county ON THE WATER and state offices and other sources affecting the area shown and It Is to be used for reference ADJACENT LOT- BACON AV City of Oshkosh purposes only. The city of oshkosn is not re- Department of sponsible for any Inaccuracies herein contained. If discrepancies are found, please contact the Community Development CltyofOshkosh. SCG~Ie. ~ ~~ - ~ 00~ Created by - dff OrJ~27~~g 8 M-3 R-3 W. K R AVE. VE. A' 0 rn N Q Z SUBJECT SITE ~~. ~ PA KER AVE. ~--~~'° LIB~EY A' AVE. - z ~~ 0 Q C- D ~~ ~n nn 10 0 ~' E. 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 ofnces 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 C-2 & R-1 TO C-1 2402 JACKSON ST & ADJACENT LOT- BACON AV Scale: 1" = 1000' H N ,IHK 1H ON THE WATEP City of Oshkosh Department of Community Development 05/27/08 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 C-2 & R-1 TO C-1 2402 JACKSON ST & ADJACENT LOT- BACON AV Scale: 1" = 100' N .IHK lH ON THE WATER City of Oshkosh Department of Community Development 05/27/081 70