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HomeMy WebLinkAbout09-439NOVEMBER 24, 2009 09 -439 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM C -2 GENERAL COMMERCIAL TO C -1 NEIGHBORHOOD BUSINESS / 1726 & 1738 NORTH MAIN STREET INITIATED BY: RALPH NIELSEN ETAL PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 16(6) 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 -16(B) of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the following described area from C -2 General Commercial to C -1 Neighborhood Business. All of Lots 1, 2 & 3, Block 1, Gruenwald Hilton & Burdicks Subdivision, 15th Ward, City of Oshkosh, Winnebago County, Wisconsin plus public right -of -way abutting said lots extending to the centerlines of North Main St. and East Murdock Avenue. 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 enacted Ordinance #09 -XXX APPROVE ZONE CHANGE FROM C -2 GENERAL COMMERCIAL TO C -1 NEIGHBORHOOD BUSINESS / 1726 & 1738 NORTH MAIN STREET on December 8, 2009. The Ordinance changed the zoning classification to C- 1. 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. _ _ t S O f 130.0 M O g 9zr M O . "' N; 31, 251 " 4 p;¢£ i �.C �y� i W ^� Cr to LO 7 Q, 120.0' K ST E 123.21 0 30. ' Ln LO zj c ei 0 � q 0 0 o o v LO o N 30.' x r oo , 1300 M U) " ' § t ° o r- _T „. �� -� 0 .0' Z 0.0' O •i•4. k` *�,+� J L W � �"+ ^ � N �V 3dp" fV: � �' rte' �v LO ? " N r n i , 1 130.9 130 0' �j N s a_ o W u' 130.0 ° 130.0' &t O� 'fir,'•, . '' ...., p 6 ©.:: O 130.0' 130.0' r r4 � 133.13' o Rezone DISCLAIMER This map is neither a legally recorded map nor From C -2 City of Oshkosh Wisconsin a survey and it is not intended to be used as one. TO C -1 Community Development This drawing is a compilation of records, data and information located in various city, county N and state offices and other sources affecting the area shown and it is to be used for reference 11/4/09 .purposes only. The City of Oshkosh is not re sponsible for any inaccuracies herein contained. i ll = 70' If discrepencies are found, please contact the City of Oshkosh. Created b D Y- 7HKO -f ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich 010� Director of Planning Services DATE: November 19, 2009 RE: Approve Zone Change from C -2 General Commercial to C -1 Neighborhood Business / 1726 & 1738 North Main Street (Plan Commission recommends approval) BACKGROUND /SUBJECT PROPERTY The subject area encompasses three individual parcels that total approximately 0.5 acres of land. The corner property (1738 North Main Street) is 0.17 acres and contains a two -story mixed use structure built in 1900 with a garage and small parking area, a separate 0.15 acre lot adjacent to the south developed with an accessory 13 -stall parking lot and the third property a 0.15 acre parcel containing a single - family residential use developed in 1920. 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. ANALYSIS The property owner of the mixed -use commercial /residential building and the parking lot to its south would like to convert the structure to an entirely residential use with the ability of converting the ground floor back to commercial use in the future. The current C -2 zoning designation is a strictly commercial zone that does not allow residential structures. The property owner of the adjacent property to the south, which is improved with a single - family home, also chooses to be included in the zoning request. The C -1 Neighborhood Business Zoning District is the most appropriate zoning designation for the subject area as it permits residential uses to remain, be repaired, be expanded or be newly developed, while also allowing limited "residentially sensitive" commercial uses. The rezoning request has a condition that the 1738 North Main Street parcel and the adjacent accessory parking lot parcel be combined. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved this request at its November 3, 2009 meeting. Approved, City Manager ITEM: JE CHANGE FROM C -2 GENERAL C GHBORHOOD BUSINESS DISTRICT i AND 1738 NORTH MAIN STREET ,PET AND EAST MURDOCK AVENU SE CORNER OF N1 STRICT TO C -1 LOCATED AT 'R TN MAIN Plan Commission meeting of November 3, 2009 GENERAL INFORMATION Applicant /Owner: Ralph Nielsen Action(s) Requested: The applicant is requesting a zone change from C -2 General Commercial District to C -1 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 two - story 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. acent Land Use and MME North Single - Family Residential (across East Murdock) R -2 South _ Single and Two - Family Residential R -2 East Single- Family Residential R-2 West Commercial Restaurant (across North Main) C -2 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 -1 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 Street 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 -1 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. RECOMMENDATION /CONDITIONS Staff recommends 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. The Plan Commission approved of the rezoning as requested with conditions noted. The following is the Plan Commission's discussion on this item. Item - Rezone SE corner N Main Mr. Buck presented the item and reviewed the site and surrounding area as well as the land use map of the area. He stated that the petitioner would like to convert the use of the structure to an entirely residential use however the current C -2 zoning classification does not allow for residential uses only. He would also like to retain the ability to convert the ground floor back to commercial use in the future. The residential property to the south of theses two parcels is a single family home which is a nonconforming use in the C -2 district as well. The C -1 zoning classification would be the most appropriate zoning designation for the subject area as its flexibility would allow both the residential uses while also allowing limited "residentially sensitive" commercial uses and is consistent with the City's Comprehensive Plan. Mr. Fojtik questioned if this zoning classification was traditional for this type of area. Mr. Buck responded that is was as it was a transitional area that contained both residential and commercial uses. Mr. Thorns inquired if the inclusion of the adjacent property to the south was just since it was convenient to do it at this time. Mr. Buck replied that would assist the property owner as an inappropriate zoning classification can create problems with both insuring the home and refinancing issues. He further stated that the current owner is marketing the property for sale which would provide the ability to sell the parcel to the property owner to the north if he was interested in expanding his use of the site. Motion by Borsuk to approve the zone change from C -2 General Commercial District to C- 1 Neighborhood Business District for property located at 1726 and 1738 North Main Street with the following conditions: The lot containing the mixed use structure and the lot containing the accessory parking lot be combined. Seconded by Hinz. Motion carried 7 -0. Item - Rezone SE corner N Main a J (0 O.fHKQfH ON THE WATER APPLICANT INFORMATION Petitioner: Petitioner's Address: 1(, t 7 W. S 1 �` City: 0 5 KX a S L Telephone #: (�(2o) -23 3 if�?% 9 Fax: ( ) Other Contact # or Email: SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 PHONE: (920) 236 -5059 Date: State: 4- Zip:. -y�y Status of Petitioner (Please Check): Owner ❑ Representat ❑ Tenant ❑ Prospective Buyer titi ner's Signature ( required): Date: re re i . s (� ) OWNER INFORMATION Owner(s): P610L Date: Owner(s) Address: Telephone #: ( ) Fax: ( ) Other Contact # or Email: Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership ❑Corporation State: Zip: 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 may be postponed by th�nning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: Z:j�j . bc-r ate -( Date: ZONING AND DEVELOPMENT INFORMATION ,, )) ,A pp / Address/Location of Rezoning Request: f 7 3 ), Ma + N T Tax Parcel Number(s): - 3 9 6 0 0 c o Rezone property from: (�f — �Z- to ) / Purpose for Rezoning: 6 CL ✓^ c CLc .,1 —� 2 v aJ i e a A) , a H k^eS y �p o � S r c ¢i' -l�. %.1,. !.l � 4 l W t 7" � I (1 d O S � r �e�i �( d � �� '"e C O M N.. C Y'C t g "` +�- N Describe existing property development and land use: fit it, evCr� -� r a „,4s Describe proposed development and/or proposed land use: ; r U/ e cc re- S IV Proposed time schedule for development and /or use of the property: A � A r City of Oshkosh Application Rezoning * *PLEASE TYPE OR PRINT USING BLACK INK ** VleA e,�-1 City: t: y r ?y CIS h / 0 / q c� St ff Date Rec'd 1 3 Zoning Adjacent to the Site: North: Vc 5 J South: aS i t East: West: (!fa SUBMITTAL REQUIREMENTS — Must accompany the application to be.complete. ❑ 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 • 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 2nd and e 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.oshkosb. Community _Development /Planning.htm 4 171 X_ Ll 1. 1.11 sm -- ar ANN W V4 iw FMlk MP J x _ ! 1300 i i 00 zt- ! N o �.,.':.: �� I N o 0� r i i i 1300 1300 T ! i N El o 00, °z i ft k i 130.0' r 130.0' V7 00 ° CM7= i3 y® A ! 130 i O 130.V > ' I i i 1300 1 i y 1 N � � � i i ," i N ! O Kati b 00 1 o :i;rCi y, i ! i O N 308.08' •a µ, . .. i 70 ' 120.0' r' I i 125.0' I - - - - - - - - '- ._._. _._._. 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If discrepencies are found, please contact the Community Department Of Development City of Oshkosh. .{ Scale. 1 �� — 1 00� 10/28/09 Created by - dff J tstt�!i +■ �� � i ` . �•�■ � .l9� 111111111111: *M■ �111111�1�� u M imi, i� {'�'111111111� /111 1 R! tw1 30 VA M IWI . l_ !i i ■�tt�tilf��" 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- sponsible for any inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. REZONING PETITION C -2 TO C -1 1726 -1738 N MAIN ST Scale: 1 t' = 100' 0 N QfHKO.IH ON THE WATER City of Oshkosh Department of Community Development 10/28/09 Created by - dff