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PLAN COMMISSION STAFF REPORT NOVEMBER 3, 2009 ITEM III: ZONE CHANGE FROM C-2 GENERAL COMMERCIAL DISTRICT TO C-1 NEIGHBORHOOD BUSINESS DISTRICT FOR PROPERTY LOCATED AT 1726 AND 1738 NORTH
MAIN STREET (SE CORNER OF NORTH MAIN STREET AND EAST MURDOCK AVENUE) GENERAL INFORMATION Applicant/Owner: Ralph Nielsen Action(s) Requested: The applicant is requesting a zone change
from C-2 General Commercial District to C-l Neighborhood Business District for two parcels of land containing a two-story mixed use building and parking lot at the southeast corner of
North Main Street and East Murdock Avenue. Staff, with consent and agreement of the owner Michael Grapentine, is including a parcel containing a single-family home adjacent to the south.
Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of zoning changes but relies on the Comprehensive Plan and good planning
principles. Property Location and Background Information: The subject area encompasses three individual parcels that total approximately 0.5 acres of land. The corner property (1738
North Main Street) is approximately 0.17 acres and contains a twostory mixed use structure built in 1900 as well as a garage and small parking area, a separate 0.15 acre lot adjacent
to the south is developed with an accessory 13-stall parking lot and the third property is a 0.15 acre parcel containing a single-family residential use developed in 1920. Together these
parcels have approximately 160 feet of North Main Street frontage and 130 feet of East Murdock Avenue frontage. The Chalice Restaurant is located directly across North Main Street to
the west, an Associated Bank branch is located at the northwest corner of North Main Street and East Murdock Avenue, and predominately single-family homes are to the east and south.
Subject Site Existing Land Use Zoning Mixed Use Commercial/Residential C-2 Adi'jacen tL an d Use an dZ onmg Existing Land Uses Zoning North Single-Family Residential (across East Murdock)
R-2 South Single Single and Two-Family Residential R-2 East Single-Family Residential R-2 West Commercial Restaurant (across North Main) C-2
Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS Mr. Ralph Nielsen, property owner of
the mixed-use commercial/residential building at 1738 North Main Street and the parking lot to its south approached the city with the goal of converting the structure to an entirely
residential use. Furthermore, he wished to retain the ability of converting the ground floor, or portions thereof, back to commercial use in the future. The current C-2 General Commercial
zoning designation is a strictly commercial zone that does not allow totally residential structures, as permitted or conditional uses so would not provide Mr. Nielsen the ability to
convert the building as desired. Staff recommended that the property be rezoned to the neighborhood business district, which allows full residential or full commercial uses as permitted
uses and also allows mixed-uses by conditional use permit. When examining the zoning of the corner, staff noted that the parcel containing a single-family home located directly adjacent
to the parking lot was also included in the C-2 zoning designation which makes it a legal nonconforming use so we approached the owner with the recommendation that his parcel, 1726 North
Main Street, be included within this request. The C-l Neighborhood Business Zoning District is the most appropriate zoning designation for the subject area as it permits residential
uses to remain, be expanded or be newly developed, while also allowing limited "residentially sensitive" commercial uses such as smaller scale retail, service and office. Additionally,
the ability to have ground floor commercial with upper floor housing as it is currently is provided through the Conditional Use permitting process. If converted to a full residential
use, permanent parking will be required to be available to tenants and the parking lot included in the zone change can provide this, however as it is currently located on its own parcel,
the petitioner will need to combine the two parcels together to ensure they are always associated with each other. Additional code requirements like transitional yards and screening
of commercial or multiple family uses from lower density residential uses provides safeguards that any future redevelopment of commercial use or multiple-family use on the lots will
not be detrimental to the neighboring residences. The rezoning request at 1738 North Main Street provides the owner the flexibility of use to accomplish his short-term goal while also
affording the opportunity for future commercial reinstatement. The rezoning at 1726 North Main Sheet can essentially be considered a "clean-up" zone change making the residentially used
lot consistent with zoning regulations. The zone change request from the C-2 General Commercial District to the C-l Neighborhood Business District retains consistency with the city's
long-term comprehensive land use recommendation as the Comprehensive Plan Land Use Map identifies this area as commercial. RECOMMENDA TION/CONDITIONS Staffrecommends approval of the
rezoning request with one condition: 1. The lot containing the mixed use structure and the lot containing the accessory parking lot be combined. Item Ill-Rezone SE corner N Main 2
City of Oshkosh Application Rezoning SUBMITTO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 PHONE: (920) 236-5059 OJHKOJH ON THE WATER
**PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: fa llYl ;)1;;5e r.l ---I, 1 Petitioner's Address: Ie 17 City: 0 5li&!L --"-:=:..-...!...-_--=------'-----=------Date:
_ w. State:lJf zip:5Y90J Telephone #: (9)0) :213 -eIl/'I Fax: ( ) Other Contact # or Email: _ Status of Petitioner (Please Check): %tOwner 0 Representat\v~ 0 Tenant Petitioner's Signature
(required): R~l~ 0~ o Prospective Buyer Date: _ OWNER INFORMATION Owner(s): rOo-I J=-fi,e/> eiJ Date: _ Owner(s) Address: City: State: __ Zip: _ Telephone #: ( ) -------Fax: ( ) Other
Contact # or Email: _ Ownership Status (Please Check): 0 Individual 0 Trust 0 Partnership DCorporation Property Owner Consent: (required) By signature hereon, l/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 may be postponed by th ing Services Division for incomplete submissions or other administrative reasons. £ U~ Property Owner's Signature: Date:_
ZONING AND DEVELOPMENT INFORMATION /7'3f5 tJ( Met,'", 51-Tax Parcel Number(s): /<;03 9b ()000 Rezone property from: -=_--::o. to __ ---C-==-_-...LI-_ Purpose for Rezoning: We o, v c
Cl 5: ...•. ~ G: If Yes) Je.,;/;J Describe existing property development and land use: ---7("'----".::.6--'1h-'--'--.;.;Jt"..:...e.:::....!'-V'--'cw· fL.:' ~=;..!_._-__ ---'-__ :...-....:=-..:.=:..-~
---!.. _ J. C 0ru tv..c..-c,:.J!a~J .J £e'5' Je--'-/-.;P ccL)< -1s
South: _--'---=::...c..-'--"""'--'=:....L..._'--_ crz.~;5IJ~(j) i~c1dl:.[J 12c5i·dc~t~ Zoning Adjacent to the Site: North: --'--=-=c..:;..--'-_ East: West: _--=---"'''--_-'-'---'-_ SUBMITTAL
REQUIREMENTS -Must accompany the application to be complete. o Map of the immediate area showing property involved. Area to be rezoned must be outlined in color o A site plan drawn to
readable scale showing present status of property and proposed development o Street address, adjacent streets, intersections and any other information or landmarks to help identify the
property o Location of existing uses, structures, fences and signs and location of proposed uses, structures, fences and signs o 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 fmd 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 layover 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 2nd and 4th 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.cLoshkosh.wLus/Community_
Development/Planning.htm 24
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This map is neither a legally recorded map nor a ~u.rveyan.dit is not intended to be used as one. ThiS drawing is a compilation of records data and information located in various city,
c~unty 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 reo spon~ible for any inaccuracies herein
contained. If dlscrepencles are found, please contact the City of Oshkosh. Scale: 1" = 500' NAOJHKO.fH Created by -dff 5 10/28109
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PETITION This map is neither a legally recorded map nor ~ a survey and It IS not intended to be used as one C-2 TO ThiS.drawin~ is a compilation of records, data . C-1 and information
located in various city, county N OJHKOJH thand state offices and other sources affecting 1726-1738 N MAIN 8T A e area shown and it is to be used for reference ON THE WATER Purpcses
only, The City of Oshkosh is not re-City of Oshkosh sponsible for any inaccuracies herein contained. If ciscrepencies are found, please contact the Department of City of Oshkosh, Scale:
1" Community Development --100' Created by -dff 10/28/096
• -\ v V. I """"'-\' .... ~ T 111 I I I \.. -AVE. fE. W. SMITH AVE. DISCLAIMER REZONING PETITION C-2 TO C-1 1726-1738 N MAIN ST ON THE WATER This map is neither a legally recorded map
nor a su.rvey 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 responsible for any inaccuracies herein contained. If discrepencies are found, please
contact the City of Oshkosh. N A OJHKOJH City of Oshkosh Department of Community Development Scale: 1" = 1000' 7 Created by -dff 10/28/09
DISCLAIMER REZONING PETITION C-2 TO C-1 1726-1738 N MAIN ST NAOJHKOJH 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 IlUTIlIl~U~
Ilnly. Thu City cr O~h~ll~h is not TVsponsible for any inaccuracies herein contained. f'f discrepancies are found, please contact the City of Oshkosh. ON THE WATER Scale: 1" 100' City
of Oshkosh Department of Community Development Created by -dff 10/28/098