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#3 Rezoning 120 North Crosby Avenue Community Development Department Memorandum June 22, 2009 TO: Janesville City Council FROM: Gale Price, Building & Development Services Manager SUBJECT: Continued public hearing and action on a proposed ordinance rezoning property located at 120 North Crosby Avenue from O1, Office/Residence District, to B3, General Commercial District (File Ordinance No. 2009- 437). RECOMMENDATION The Plan Commission and Community Development Department recommend that following a public hearing, the City Council modify the rezoning request by designating and approving the zoning of the site B2, Community Shopping District instead of the requested B3, General Business District zoning (due to concerns regarding other permitted uses allowed in the B3 Zoning district) and adopt Revised Ordinance No. 2009-437 approving the rezoning of 120 North Crosby Avenue from O1 to B2. CITY MANAGER RECOMMENDATION I concur with staff’s recommendation. One issue that did come to my attention is the fact that in the past when it served banquets, there were concerns at times from the neighborhood about noise. Staff believes that those concerns will be addressed via the conditional use permit. SUGGESTED MOTION Move to adopt Revised Ordinance No. 2009-437 rezoning the property at 120 North Crosby Avenue from O1 to B2. REQUEST Tim Richards has requested the rezoning of property located at 120 North Crosby Avenue from 01, Office/Residence District, to B3, General Commercial District. The applicant is requesting the rezoning to a commercial classification to allow the establishment of a small banquet hall in the lower level of the building. Before the first floor was converted to an office use, the entire building was the former location of the Moose Club. The property has been zoned O1 since the citywide rezoning in 1981. Even though fraternal organizations rent their buildings for occasional assembly activities and banquets, a banquet hall is not a permitted use in the O1 District. Such a use is a conditional use in the B2, Community Shopping District and a permitted use within the B3, General Commercial District. ANALYSIS A. The subject property is a 1.6 acre parcel located at the northeast corner of West Wall Street and North Crosby Avenue. The property is currently used as office space on the first floor. The lower level is designed to be used as a meeting and conference area for the occupants of the building. The owner would like to modify the use of the lower level space to rent the area as a banquet hall. The current zoning of O1 does not allow a banquet hall. Such a facility is allowed as a permitted use in the B3 District and a conditional use in the B2, Community Shopping District. B. The building is the former location of the Moose Club, which is now located at Rockport Road and Crosby Avenue. The Moose Club is a fraternal organization which is a permitted use in the O1 District. Although it is common practice that a fraternal organization rents out their building for banquets, the Zoning Ordinance does not permit a banquet hall as a permitted or conditional use within the O1, Office/Residence District. Renting of a fraternal organization building for an occasional banquet is considered to be accessory to the principal use, which is the fraternal organization use. C. The zoning classifications and uses surrounding the property include B3, General Commercial District to the south and south west. The zoning to the east and northeast includes R2, Limited General Residence District. The property directly north of the site is zoned R3, General Residence District and the property to the direct west is zoned O1, Office/Residence District. The land uses surrounding the site include commercial uses to the south including a fast food restaurant and a tavern. To the east and northeast properties are used for single family residence. The lot directly to the north of the site is undeveloped and the lot to the direct west is used as a dental clinic. D. The newly adopted Comprehensive Plan designations are similar to the current zoning pattern. The subject property is designated as appropriate for office use. The properties to the south are designated as appropriate for Planned Mixed use, which is a “controlled mix of commercial and residential” development. Properties to the east and northeast are designated for single family residence. The vacant lot to the north is designated as appropriate for mixed residential and the property to the west is appropriate for office use. Mixed residential focuses on permitting three or more residential units on a lot as some form of multiple family residential developments. E. Although the property is designated for office use, the site is located among a number of other land uses designated. Subsequently the site can be designated as a “transition” location between various land uses. The Comprehensive Plan includes an element of generality in the sense that zoning designations can reflect land use and zoning designations of the immediately surrounding parcels as an element of transition, depending upon the appropriateness of the site for the particular designation. The following policies are found within the Comprehensive Plan which would be applicable: a. Provide for some flexibility in land use designations in areas planned for non- residential development to accommodate a range of commercial, industrial and office development. b. Plan for logical transitions between potentially incompatible land uses and avoid locating potentially conflicting land uses adjacent to each other. Require that potentially incompatible uses are buffered from one-another through the use of landscaped buffers, open space uses, or transitions of less-intensive uses. c. Allow some flexibility in determining the mix of commercial, industrial and office uses in areas designated within any of the Future Land Use categories, per the review and discretion of the City Plan Commission. F. The Comprehensive Plan includes policies that designate this site as being appropriate for commercial development due to its proximity to commercial development, its location along an arterial street, size of the site, compatibility of the building and property for commercial reuse and the surrounding zoning and land use designations. Although the guiding policies of the Comprehensive Plan indicate that commercial use of the site may be appropriate, Staff does not believe that all types and intensities of commercial uses, such as those permitted within the B3, General Commercial District are appropriate at this location, relative to single family residences.. Specifically the site is a 1.6 acre parcel that includes an 8,000 square foot building footprint currently used for office use. The lower level is 2,800 square feet. The B3 district allows some land uses as a matter of right that may have some land use incompatibilities. Some of those land uses are permitted only as a conditional use in the B2, Community Shopping District which would require additional Plan Commission review and approval following a public hearing and notice to property owners within the area. An example of such a use is a tavern which can be open until 2 a.m. in the B3 District. Such a use can have limited hours in the B2 District, through the conditional use permit process. G. Subsequently Staff believes that it would be appropriate to zone the property to a commercial designation to allow additional uses on the site and within the building. Staff believes that a banquet hall could be an appropriate land use in this location if it is reviewed as a conditional use. Furthermore Staff is concerned about the potential impact of other, more intense land uses permitted within the B3, General Commercial District. With these concerns in mind, the Community Development Department is recommending that following a public hearing, the Plan Commission forward the proposed rezoning of property located at 120 North Crosby from O1 to B3, to the City Council with a recommendation to modify the rezoning request by designating and approving the zoning of the site B2, Community Shopping District instead of the requested B3, General Business District zoning due to concerns regarding other permitted uses allowed in the B3 Zoning district. PLAN COMMISSION ACTION – 8 JUNE 2009 Gale Price, Manager of Building & Development Services, presented the written staff report. Commissioner Zolidis questioned why staff suggests and supports rezoning the property to B2 rather than moving forward with the original request to rezone the property to B3. Price indicated that the Community Development Director made the interpretation that a banquet hall was allowed as a conditional use in the B2 District. Staff is not comfortable with the entire list of permitted uses within the B3 District as they relate to potential impact on adjoining homes. Thus staff is recommending B2 instead of B3. The public hearing was opened and the following person appeared to speak. ? Tim Richards, Owner of 120 North Crosby, stated that his intent is to keep the first floor of the building as an office and use the basement as a banquet hall. He stated that he didn’t intend to move his bar to the building except for in a case of hardship since he rents the current location of his bar. He also stated that he supports the B2 recommendation. There was a motion by Commissioner Zolidis with a second by Commissioner Perrotto to forward the rezoning of property located at 120 North Crosby Avenue from O1 to B2 to the City Council with a favorable recommendation. The motion carried on a 4-0-0 vote. FISCAL IMPACT The property is currently used as office space on the first floor. The lower level is designed to be used as a meeting and conference area for the occupants of the building. The owner would like to modify the use of the lower level space to rent the area as a banquet hall. The current zoning of O1 does not allow a banquet hall. Such a facility is allowed as a permitted use in the B3 District and a conditional use in the B2, Community Shopping District. The building is the former location of the Moose Club, which is now located at Rockport Road and Crosby Avenue. The Moose Club is a fraternal organization which is a permitted use in the O1 District. Although it is common practice that a fraternal organization rents out their building for banquets, the Zoning Ordinance does not permit a banquet hall as a permitted or conditional use within the O1, Office/Residence District. Renting of a fraternal organization building for an occasional banquet is considered to be accessory to the principal use, which is the fraternal organization use. Staff believes that this change in use, and subsequent change in Zoning from O1 to B2 will have a very negligible fiscal impact. c: Duane Cherek Brad Cantrell ÍËÞÖÛÝÌ Í×ÌÛ q Ô»¹»²¼ Æ±²» Ü·¬®·½¬ Þ±«²¼¿®·»Ð¿®µ·²¹ Ñª»®´¿§ Ü·¬®·½¬ Ô±½¿¬·±²Ó¿°Í¸¿°» Îï Í·²¹´»óÚ¿³·´§ ú Ì©± Ú¿³·´§ Î»·¼»²½» Ü·¬®·½¬ Ñí Ò»·¹¸¾±®¸±±¼ Ñºº·½» Ü·¬®·½¬ Óï Ô·¹¸¬ ×²¼«¬®·¿´ Ü·¬®·½¬ ÎïÜ Ì©± Ú¿³·´§ Î»·¼»²½» Ü·¬®·½¬ Þï Ò»·¹¸¾±®¸±±¼ Ý±²ª»²·»²½» Ü·¬®·½¬Óî Ù»²»®¿´ ×²¼«¬®·¿´ Ü·¬®·½¬ Îî Ô·³·¬»¼ Ù»²»®¿´ Î»·¼»²½» Ü·¬®·½¬ Þî Ý±³³«²·¬§ Í¸±°°·²¹ Ü·¬®·½¬Óí Ý»²¬®¿´ Ô·¹¸¬ ×²¼«¬®·¿´ Ü·¬®·½¬ Îí Ù»²»®¿´ Î»·¼»²½» Ü·¬®·½¬ Þí Ù»²»®¿´ Ý±³³»®½·¿´ Ü·¬®·½¬Óì Ý»²¬®¿´ Ù»²»®¿´ ×²¼«¬®·¿´ Ü·¬®·½¬ Ü¿¬»æ ìñïìñðç ÎíÓ Ó»¼·«³ Ü»²·¬§ Î»·¼»²½» Ü·¬®·½¬ Þì Þ«·²» Ø·¹¸©¿§ Ü·¬®·½¬ß ß¹®·½«´³¬«®¿´ Ü·¬®·½¬ Îì Ý»²¬®¿´ Î»·¼»²½» Ü·¬®·½¬ Í½¿´»æ ïþã îððù Þë Ý»²¬®¿´ Þ««·²» Ü·¬®·½¬ Ó Ó·²·²¹ Ü·¬®·½¬ Ñï Ñºº·½» ñ Î»·¼»²½» Ü·¬®·½¬ Þê Ý»²¬®¿´ Í»®ª·½» Ü·¬®·½¬ Ý Ý±²»®ª¿²½§ Ü·¬®·½¬ Ó¿° Ý±±®¼·²¿¬»æ Öóïë Ñî Ý»²¬®¿´ Ñºº·½» ñ Î»·¼»½» Ü·¬®·½¬ ÞÌ Þ«·²» Ì»½¸²±´±¹§ Ü·¬®·½¬ ÔÑÝßÌ×ÑÒ ñ ÆÑÒ×ÒÙ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÎÛÆÑÒ×ÒÙ ÑÚ ÐÎÑÐÛÎÌÇ ßÌ ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ïîð ÒÑÎÌØ ÝÎÑÍÞÇ ßÊÛÒËÛ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÖóïëÁÎ»¦±²»ïîðÒÝ®±¾§ ORDINANCE NO. 2009-437 An ordinance changing the zoning classification of 120 North Crosby Avenue from O1, Office/Residence District, to B3, General Commercial District, with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION II. The zoning classification of the following described property is hereby changed from O1, Office/Residence District, to B3, General Commercial District: Property located in part of the SW.1/4 and NW.1/4 of Section 35, T.3N., R.12E., City of Janesville, Rock County, Wisconsin, more fully described as follows: Bound on the south by the centerline of West Wall Street, on the west by the centerline of North Crosby Avenue, the north by a line 279.5’ north and parallel to the north line of West Wall Street and on the east by the centerline of North Marion Avenue. SECTION III. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Applicant Prepared by: Community Development Department REVISED ORDINANCE NO. 2009-437 An ordinance changing the zoning classification of 120 North Crosby Avenue from O1, Office/Residence District, to B2, Community Shopping District, with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION II. The zoning classification of the following described property is hereby changed from O1, Office/Residence District, to B2, Community Shopping District: Property located in part of the SW.1/4 and NW.1/4 of Section 35, T.3N., R.12E., City of Janesville, Rock County, Wisconsin, more fully described as follows: Bound on the south by the centerline of West Wall Street, on the west by the centerline of North Crosby Avenue, the north by a line 279.5’ north and parallel to the north line of West Wall Street and on the east by the centerline of North Marion Avenue. SECTION III. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Applicant Prepared by: Community Development Department