HomeMy WebLinkAbout09-468NOVEMBER 24, 2009 DECEMBER 8, 2009 09 -439 09 -468 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )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 -468 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.
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DISCLAIMER Rezone City of Oshkosh Wisconsin
This map is neither a legally recorded map nor From C-2
a survey and it is not intended to be used as one. Community Development
This drawing is a compilation of records, data To C-1 N
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 11/4/09
purposes only, The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained. ill = 70'
If discrepencies are found, please contact the
City of Oshkosh. Created by - D
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TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich 04
Director of Planning Services
DATE: November 19, 2009
RE: Approve Zone Change from C -2 General Commercial to CA 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: 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)
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.
Subiect Site
M ired L1se Commercial /Residential C -2
Adi acent Land Use and Zonin!
Existing Lan Uses
Zoning
North
Single - Family Residential (across East M urdock)
R -2
So uth
Si ngle an d Two - Family Residential
R -2
E ast
Singl - 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 Ye 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 -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:
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:
1. 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
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APPLICANT INFORMATION
Petitioner:
City of Oshkosh Application
Rezoning
* *PLEASE TYPE OR PRINT USING BLACK INK **
Al leA; eo--1
Date:
Petitioner's Address: 16 1 7 W . 5 t-- f� �"` City: S K-� o S L State: !L)( Zip: J ).2
Telephone #: ( %2o) 233 - f!� , ?/ 9 Fax:( )
Status of Petitioner (Please Check): Owner ❑
Petitioner's Signature (required):
Date:
OWNER INFORMATION r /
Owner(s): ea 1 4 A e- 5 e iJ Date:
Owner(s) Address:
Telephone #: ( )
Fax: ( )
Other Contact # or Email:
Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership ❑Corporation
SUBMIT TO:
Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, Wisconsin 54903 -1130
PHONE: (920) 236 -5059
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:
/LJ Date:
ZONING AND DEVELOPMENT INFORMATION ,� p /r
Address/Location of Rezoning Request: / 7 3 Y t— Ma , �T
Tax Parcel Number(s): / 5 9 6 0 D c o
Rezone property from: (�f �Z- to C_ >/
Purpose for Rezoning: we 0. V e . i.L (f o ar i - e` A0 a l l b' e S i �e w i
� � � C o nn it, e- ,-C,
S wr dose �. c d /�
Describe existing property development and land use: / C G 1h k e v-C i cam/
Describe proposed development and /or proposed land use: / oS5 V e eZ 8 re 5 / do � ��OL
'1 —7, 1/'..,— r „ — - a , Ls Q 9 I4_ i. j l3 S oi: e e-s n uJ aj,af e�.L !U�_
Proposed time schedule for development and/or use of the property: 5 A P
Other Contact # or Email:
❑ Tenant ❑ Prospective Buyer
City:
'
9:-r c� St 6. D ate Rec'd I
3
Zoning Adjacent to the Site:
North: VC-5 r djfrs
South: 6LeS i c,Jlt
East:
West: �(� nA ivy e c t c-
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 rp esent 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 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 R 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
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DISCLAIMER REZONING PETITION
This map Is neither a legally recorded map nor
a survey and It Is not Intended to be used as one.
data
C -2 TO C- 1
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This drawing is a compilation of records,
and Information located in various city county 1726 -1738 N MAIN ST
and state offices and other sources affecting
the area shown and it is to be used for reference
OH THE WRTIR
City of Oshkosh
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
Community
Department Of
Development
If discrepencles are found, please contact the
City of Oshkosh.
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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.
Created by - dff
REZONING PETITION
C -2 TO C -1
1726 -1738 N MAIN ST
Scale: 1" = 100'
N OfHKOfH
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City of Oshkosh
Department of
Community Development
10/28/09