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HomeMy WebLinkAbout16. 13-83 FEBRURY 26, 2013 13-83 RESOLUTION (CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE CONDITIONAL USE PERMIT AT 900 WEST 9TH AVENUE FOR ADAPTIVE REUSE OF EXISTING COMMERCIAL STRUCTURE IN A RESIDENTIAL ZONING DISTRICT TO ESTALBISH A COMMERCIAL BUSINESS INITIATED BY: RAY REINDERS, PETITIONER PLAN COMMISSION RECOMMENDATION: Found to be consistent with Standards set forth in Section 30-11(D) of the Zoning Ordinance and approved BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit is hereby granted under Section 30-11 of the Oshkosh Zoning Ordinance for the adaptive reuse of an existing commercial building in a residential zoning district at 900 West 9th Avenue to establish a computer sales and service business, per the attached. O JIHKO.fH ON THE wAM TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: February 21, 2013 RE: Approve Conditional Use Permit at 900 W. 91h Avenue for Adaptive Reuse of a Commercial Structure in a Residential Zoning District to Establish a Commercial Business (Plan Commission recommends approval) BACKGROUND The property included in the adaptive reuse request is the former Jordy's Liquor store located at the northwest corner of West 9th Avenue and Rugby Street. The property is approximately 3,200 square feet in size improved with a 1,400 square foot single -story commercial structure. City records indicate the building was constructed for commercial occupancy in 1905 and used for retail purposes. The building is currently vacant but had most recently been used as a legal nonconforming retail business ( Jordy's Liquor). The general area is predominately a single - family neighborhood with scattered two - family uses. "Al 1W&W The petitioner is requesting a conditional use permit to utilize the existing structure for a computer sales and service business with approximately 20 -30 customers per day serviced by 1 -3 employees with hours of operation from 9 am to 7 pm Monday through Friday and 10 am to 4 pm on Saturdays. The petitioner is proposing to install a new 4 foot fence along the west lot line and the inclusion of a refuse enclosure at the northwest corner of the structure. The building is proposed to receive extensive interior remodeling and exterior renovations while maintaining its original footprint including a new sign on the front elevation of the building. The former uses on the site have utilized six on- street parking spaces on Rugby Street as the site does not possess any land area for on -site parking and as the proposed use is more moderate than the previous retail store, it should have a reduced impact on street parking demand. The Comprehensive Plan recommends this area as appropriate for residential use however the proposed computer sales and service use fits the criteria for a neighborhood business with .the approval of the conditional use permit. The new use will not change the essential character of the property from the former commercial uses which were not detrimental to the surrounding properties or neighborhood. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its February 19, 2013 meeting. Approved, City Manager ITEM: CONDITIONAL USE PERMIT REQUEST FOR AN ADAPTIVE REUSE OF A COMMERCIAL STRUCTURE LOCATED AT 900 W. 9 AVENUE Plan Commission meeting of February 19, 2013 GENERAL INFORMATION Applicant: Ray Reinders Property Owner: Anchor Bank, fsb Action(s) Requested: The applicant is requesting a conditional use permit for an adaptive reuse of a property /commercial structure located at 900 W. 9`E' Avenue to establish a computer sales and service business within a residential district. Applicable Ordinance Provisions: The adaptive reuse of a structure /property is permitted only through the approval of a conditional use permit within the R -2 Two - Family Residence Zoning District and is defined as follows: "Adapting an existing building originally designed for an institutional, quasi - public, public or other specific special purpose to a new use ". The Zoning Ordinance establishes criteria and guidelines for the establishment of a Conditional Use Permit in Section 30 -11 (D). Property Location and Background Information: The property included in the adaptive reuse request is the former Jordy's Liquor store located at the northwest comer of West 9`h Avenue and Rugby Street. The property is approximately 3,200 square feet in size improved with a 1,400 square foot single -story commercial structure. City records indicate the building was constructed for commercial occupancy in 1905 and used for retail purposes. The building is currently vacant but had most recently been used as a legal nonconforming retail business ( Jordy's Liquor), The general area is predominately a single - family neighborhood with scattered two - family uses. Subject Site E.ristin Land Use Zoning Vacant - Former Retail R -2 Adjacent Land Use and Zoning Existin Uses ZortN North Single-family residential R -2 South Single and two - family residential (across West 9th Ave) R -2 East Single - family residential (across Rugby St) R -2 West Single - family residential R -2 Comprehensive Plan Land Use Recommendation Use Category g r3' 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The petitioner is requesting a conditional use permit to utilize the existing nonresidential structure for a computer sales and service business specializing in residential and commercial business office solutions. It is anticipated that there will be approximately 20 -30 customers per day serviced by 1 -3 employees with hours of operation from 9:00am - 7:00pm, Monday through Friday and 10,00 am - 4 pm on Saturdays. The site is not proposed to be significantly altered except for the placement of a new 4 foot fence along the west lot line and the inclusion of a refuse enclosure at the northwest corner of the building. The structure itself will retain its existing footprint but is proposed to receive extensive interior remodeling to accommodate the new business as well as exterior renovation including new storefront windows and siding. The wail signage and banners that had been previously placed on the building fayade are proposed to be removed and a new sign installed on the front (south) elevation of the building, meeting code limitations of 50 square feet in area with no plans for any ground signage. The former uses on the site have historically utilized approximately six on- street parking spaces on Rugby Street for the past 100+ years as the property does not have any land area available for on- site parking. The petitioner must continue the current legal nonconforming (grandfathered) on- street parking practice but points out within the application that the intensity of the proposed computer sales and service use is much more moderate than the previous retail beverage store and should therefore have a reduced impact on street parking demand. In terms of consistency with the Comprehensive Plan, the property historically has been used for nonresidential purposes, is zoned residential and the recommended 10 and 20 year land use plan maps identify the area as appropriate for residential land use. The use of a computer sales and service business would appear to be in contrast to the residential designation however this is not the case as the Comprehensive Plan states: "Neighborhood business districts should be considered in or gear residential areas and developed in scale tivith surrounding development and be pedestrian accessible. Neighborhood business districts provide goods and services to residents of the surrounding area, generally within 5- minute driving time or 10 to 15- nrinute walk and include uses such as food, drugs, hardware, clothing & sundries, and personal service establislunents. Smaller scale commercial areas are not identified on the land use traps; however, future areas will be evaluated as proposed" (Page 52, City of Oshkosh Comprehensive Plan, 2005 - 2025). Staff believes the proposed sales and service use is appropriate as it is a complimentary and neo- traditional type of use within a residential neighborhood. Additionally, the new use will not change the essential character of the property from the former commercial uses, which had not historically caused significant disruption to the area. By letter, the petitioner introduced himself and informed the adjacent and nearby property owners of his intention for the property use and welcomed all questions and concerns. To date, staff has not received any inquiries or comments. RECOMMENDATION /CONDITIONS Staff recommends approval of the CUP to operate a computer sales and service use at the subject property and a finding that the CUP is consistent with the standards set forth in Section 30 -11(D) of the Zoning Ordinance. Itefn- 9001V91h_CUP adaplrivreuse The Plan Commission approved of the conditional use permit as requested. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site and surrounding area as well as the zoning classifications and land use in said area and stated that although the site is located in a residential area, it has been a retail use for its entire existence. He reviewed photos of the building as it currently exists and stated that the petitioner was proposing to add fencing, a dumpster and some exterior improvements. He also discussed the hours of operation, number of employees, and estimated number of customers per day. He also discussed that the site has no on -site parking area and would continue to utilize on street parking on Rugby Street. He did not feel that this would be an issue as the use was less intense than the previous use on the site and it was an adaptive reuse of the parcel which had no room to create an off - street parking area on site. Ms. Lohry questioned if the garage to the north of the site was part of this property and where the dumpster would be located. Mr. Buck responded that the garage was not part of this parcel and indicated on the site plan the area where the dumpster would be placed. Ms. Propp questioned if the Pepsi vending machine outside of the structure would be removed. Bill Schlichting, First Weber Realty, replied that there was a Pepsi machine and several coolers on site which would be sold once the property is purchased. Mr. Fojtik commented that the adaptive reuse of the site appears to fit into the neighborhood and he hopes that it works out well. Motion by Nollenberger- to approve a conditional use permit for an adaptive reuse of a commercial structure located at 900 W. 9"' Avenue. Seconded by Cunrrnings. Mr. Borsuk stated that he had recently heard the City Manager on a radio program discussing how 91h Avenue will be the central street for entrance to the city and suggested that we may want to look at an overlay area on this street to place some regulations on such things as outdoor storage of vending machines. Mr. Burich indicated that 9'h Avenue was part of the City's strategic plan and a major update to the code was in progress and these types of issues will be addressed. Mr. Bowen commented that some of these vending machines are used more for advertising purposes than any other use. Mr. Borsuk agreed and stated that was his concern with the location of some vending machines in highly visible locations. Motion carried 8 -0. keen- 900LV91h CUP adaplAwreuse (0 OfHKOfH ON THE WATER APPLICANT INFORMATION City of Oshkosh Application ❑ Planned Development Review Ro Conditional Use Permit Review * *PLEASE TYPE OR PRIgT USING BLACK JAK ** SUBMIT TO: Dept. of Community Developmei 215 Church Ave., F.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 PRONE: (920) 236 -5059 Petitioner: -& q(AnAeC5Date: 1 � � � 13 Petitioner's Address: k,—ark 5 V r Ck City: - �1` t r1+ State: R. Zip: 34465 Telephone 4:(12 -1) Fax :( ) Other Contact #or Email: Status of Petitioner (Please Check): ❑ 0vper D Representative ❑ Tenant (Prospective Buyer - Petitioner's Signature (required): M Owner(s): o ukoR x1ot. Date: 1 ( IS 12-013 Date: Owner(s) Address: ?s *ST Mal �{^`. — City: R'&a %$MNW ^_ State: W zip: 253703 Telephone #: ((p©b X52 -82T Fax: 11900 Other Contact # or Email: Ownership Status (Please Check): ❑ Individual D Trust U Partnership (Corporation (,DM Property Owner Consent; (required) By signature hereon, Me acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: SITE INFORMATION Date: Address/Location of Proposed Project: oi�h Parcel'No. qD(a 65$ 1ABD60 Proposed Project Type: CA 44" Current Use of Property: V u_ay� L, — prywoys - .�Ordy,; T• Mytzoning: R-L Land Uses Surrounding Site: North: South: Sin East: West: $l c 1e 4am; 1 C1, 7OLC_V-Oss QV�,bV S le A*" 1 Nq 4. '. +awvi l "Please note that a meeting notice will be mailed to all abutting property owners regarding your request. 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 �C_ross W. For more information please the City's website at « ,�-t,%v. ci. oshkoslr. wi. us/ Cotnanunity _Development/Planning.htm Staff Date Reed J,wq� 3A Briefly explain how the proposed conditional useldevelopment plan will not have a negative effect on the issues below. 1. Health, safety, and general welfare of occupants of surrounding lands. -Ni S -�Vre tti91 i M e. o ►rr¢. �S try vie t ►� bars S VNA 4.v 2. Pedestrian and vehicular circulation and safety. Y4v- P�ms 3. Noise, air, water, or other forms of enviromnental pollution, Wr bw5 -+ nt.SS %AA 4 mi rv-bd" &'�J �Cs -her vs�+lr�+Jl vnr ah e�lvtr�t��ott�it�nb►�- e.�.ic�, 4. The demand for and availability of public services and facilities. QW Fl1us &M prtAkq uukmaiw, wN r t� &Czkyi La 4r w VW.As, -ft Yro f0 W s bvtd h,'kP M . A)Ne- reed -& !�er k -k- ' �1 be. �v t+�Q ca fans rns ► u> ,k. or S. Character and tore develop nt of the area. lot wel�ma b a ne:► 1tibv�s , NV%IN etw ?1bns kv r-e.ro oJre -Ns by%\&%r�g shOVIA 1pi Y; a� r te, "il ap r-aMC¢, tu',tl Cow roan \Wkth 5 1 l+�iJaw I �1uro-0j " r V SUBMITTAL REOUTREMENTS — Must accompany the application to be complete. ➢ A AARRATIVE of the proposed conditional use/Development Plan including: ❑ Existing and proposed use of the property ❑ Identification of all structures (including paving, signage, etc.) on the property and discussion of their relation to the project ❑ Projected number of residents, employees, and/or daily customers ❑ Proposed amount of d- welling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one - hundredth of an acre ❑ Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. ❑ Compatibility of the proposed use with adjacent and other properties in the area. ❑ Traffic generation (anticipated number of customers, deliveries, employee shift changes, etc.) ❑ Any other pertinent information to properly understand the intended use/plan and its relation to nearby properties and the community as a whole 9 A complete SITE PLAN andBUILDIII 'GELEVATIOA'Smust include: ❑ Two (2) full size (minimum 24" x 36 ") scaled and dimensioned prints of site plan and building elevations ❑ Two (2) 8 ''/2" x 11 (minimum) to l I" x 17" (maximum) reduction of the site plan and building elevations ❑ One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style table file (if plans have been prepared digitally) ❑ Title block that provides all contact information for the petitioner and/or owner and contact information of petitioner's engineers /surveyors /architects, or other design professionals used in the preparation of the plans ❑ The date of the original plan and revision dates, if applicable ❑ A north arrow and graphic scale. ❑ All property lines and existing and proposed right -of -way lines with dimensions clearly labeled ❑ All required setback and offset lines ❑ AJI existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, signs, decks, patios, fences, walls, etc. ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for screening ❑ Location and dimension of all on -site parking (and off -site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 3 0-3 6 City of Oshkosh Zoning Ordinance ❑ Location and dimension of all loading and service areas ❑ Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan ❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators, etc. , 4 C! January 17, 2013 Narrative: Planning Commission C/o David Buck 215 Church Ave Oshkosh, Wl 54903 Link Computing Solutions, LLC 2033 Larkspur Ct Trinity, FL 34655 1. Existing and proposed use of the property - There is a vacant commercial building located at 900 W. 9t' Avenue. Jordy's Beverage Mart was the previous business name. We plan to renovate the existing building and reopen as a computer sales and service business. The name of the business will be Link Computing Solutions. We will specialize in residential and business office computer solutions. 2. Identification of all structures on the property and discussion of their relation to the project - The structure will not change from a foundational prospective but will undergo a massive renovation. Our plans are to address the internal & external needs of the structure. The building is located at the corner of 91h Avenue & Rugby St. There is a small parking pad on the north side of the building, a grass lawn on the west side, 91h Ave to the south and Rugby St to the east. All existing signage that was formally associated with Jordy's Beverage Mart will be removed. I'm aware of the limitations that will be enforced with respect to signs. I understand that I will be allowed one 50 sq. ft business sign to be placed on the 9t' Avenue side of the building. 3. Project number of residents, employees, and /or daily customers - This building will strictly be used as a business. There will be no residents living at the business location. There will be 2 -3 employees working on a daily basis. I hope to have 20 -30 customers per day. 5 4. Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in Sq. Ft and acreage to the nearest one- hundredth of an acre - There will be no dwelling units created on this site. All of the existing 1,400 sq ft (76' *18.5') will be used for business purposes. The existing lawn on the west side of the building, measuring 13.2' * 90', will remain nearly as is with the exception of the following: a. A 4' maintenance free fence will be put upon the west side lot line. b. An air conditioning unit will be installed on the west side of the building on a concrete pad. c. Enclosed Area for garbage dumpster located near NW corner of building, The existing parking pad on the north side of the building will be resurfaced (black top or concrete) to ensure handicap accessible access from the north side of the building. The general parking area for customers will be on Rugby St. I have estimated 960 sq.ft of parking space using the following calculations: a. 480 sq ft (6' *80') on each side of Rugby St * 2 b. The approximate acreage is 0.022038567456 c. My conservative estimate would allow 3 cars to be parked on each side of Rugby Street without safety concerns. S. a=ffects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibrations, etc - There will be no serious effects placed on neighborhood properties or residents as a result of business operations. This business doesn't naturally create excessive noise, odor, fumes, vibration, glare and we will strive to keep it that way. I will contract a private collection company to pick up our garbage. The general contractor will build a suitable enclosure to hide any small dumpster from plain sight. our hours of operation M -F 9 -7, Sat 10 -4. 6. Compatibility of the proposed use with adjacent and other properties in the area - feel my business works well in this residential neighborhood for a couple of different reasons: a. Physical size of the business is compatible with existing neighbor homes b. Light traffic pattern estimates should comply with any safety concerns c. Type of business I'm proposing compared to the previous beverage mart d. Convenience of having a technology business nearby for adjoining neighbors 0 e. Renovation project that will bring the business into compliance and promote value appreciation for neighboring properties 7. Traffic generation - Anticipated traffic for the computer store should be light. My estimates of 20 -30 cars daily would be a solid starting point. I intend on having 1 -3 employees for the foreseeable future. The US Postal /UPS /FedEx should be on a daily cycle. I can't imagine any other type of consistent traffic pattern from suppliers. 8. Other pertinent information - This storefront will not only allow me to serve residential customers but also allow me to reach out to the small /medium business (SMB) community within city limits. As a local resident, a MIS business graduate from UW- Oshkosh, and as a Microsoft Certified Information Technology Professional (MCITP) my goal is to build a business that is well received by all. 7 } - ti � { , _ t b_ �r. ��_` ;r'' �.. Di x ,. W 17. 5 - { A S 3 � x ! r� _ r M t Ti W -�- IL f ((( 1 Cl) t 1 4 LU E >r- q�!x._ — += �Y-.- _ _ i��-•�',;krs;� rx =_ aa� 4 � �- '� � Ec l' , r +r _ av <. 27. [`{ &W 'r'�� — i L� f L� �4;fi; �•� � � 4�ril�ts #r titer. CUP - COMPUTER SALES /SERVICE SPAULDING VERNON E 900 W 9Tx AV 829 W 8TH AVE PC: 02 -19 -13 OSHKOSH WI 54902 5860 JUNGWIRTH IV JORDAN W /ASHLEY 906 W 9TH AVE OSHKOSH WI 54902 6264 D & M RENTALS LLC 55 KNAPP ST OSHKOSH WI 54902 3448 GEFFERS DANIEL 2640 WESTMOOR RD- OSHKOSH WI 54904 7700 ANCHORBANK FSB 1243 N 10TH ST STE 300 MILWAUKEE WI 53205 2558 ZINK JOHN W /ELIZABETH 861 W 9TH AVE OSHKOSH WI 54902 6373 RAY REINDERS 2033 LARKSPUR CT TRINITY FL 34655 CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54903 1130 TESCH DUSTIN D . 913 W 9TH AVE OSHKOSH WI 54902 6263 KUHN DAVID D 909 RUGBY ST OSHKOSH WI 54902 6331 10 IJ r r Y O n 0 - _ 0 Ol O 920 912 Sao s2 75.0' r M113 54.72' Lr) C") ti O ON V TO zo V' O 861 8 7_„,,:; - 8 '7A `?= i i.. O _ d O r 50.01' 50.01 I 50.01 50.0' 50.01 �r �T r\ 1 mi .. = = 1 in 00 I in 60 ft The City of Oshkosh creates and mantans GIS maps and data for its arm use. They may shoe the - -- approximate relative location of property boundaries and other feature from a variety of sources. PrinUn Date: 2/1/2013 Of HKD.IH These maps} datasets are provided for information purposes only aril may not be suffident or 9 appropriate for lega4, engineering, or s=aying purposes. They are proAded 'AS-J$' vritirout Prepared by: City of Oshkosh, WI ON THE WAUk warranties of any hnd and the City of Oshkosh assum es no tiabiHty for use cr misuse. J.1GI54f ann nglPlan cCsmmisc� Re Plan Map TempfWeV ian Gomdws on UP Plan Map Tsmpla;e.wd r Im' A. M„ ] `fi' 12 J1 J 4��1 J Tr� r1� N 1 in 0.01 nti 1 in = 40 ft The City of Oshkosh aeates and ma;nlains GIS maps and data for its a.-in use. They may shah the approximate relative location of property, boundaries and other feature from a variety of sources. printing Date: 2/1/2013 0—f HKOf H These map {sydalasets are provided for informaEon purposes onty and may not be sufi5cient or appropriate for legal, engineering, or surveyng purposes. They are provided "AS -!S' without ON THE WATER wafranties of any kind and the City of Oshkosh assumes no fad9ty for use or misuse. Prepared by: City of Oshkosh, Wi Y. GUIP]anningTlan Commis ?on Si'e Plan Vap TemplateT[an Comn�ss'on Site Flan Map Temp!ate.rrud ticrr 6 13