M E M O R A N D U M. MEETING DATE: July 10, 2018 CASE NUMBER: PC

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1 M E M O R A N D U M TO: FROM: PREPARED BY: Plan Commission Technical Review Committee Tim Semmann, AICP Principal Planner DATE DISTRIBUTED: July 3, 2018 MEETING DATE: July 10, 2018 CASE NUMBER: PC SUBJECT: Background Information: Applicant/owner: Location: MALY ENTERPRISES, LLC: requesting approval of a Conditional Use Permit (CUP) to allow eight (8) commercial apartments in an existing building located at 917 W. Main Street. Maly Enterprises, LLC Maly Road Suite A Sun Prairie, WI W. Main Street, approximately 300 feet west of Bird/ Main intersection Parcel Number(s): Site Area: Request: Existing Zoning: Existing Land Use: Adjacent Zoning/Land Use: Comprehensive Plan: Approximately 0.49 acres Approval of a CUP to allow eight (8) commercial apartments in an existing building Urban Commercial (UC) Mixed use (commercial/residential) North, east and west: Urban Commercial (UC), commercial/retail/service South: Urban Residential (UR-12), single-story multi-family Mixed Use Overview: The applicant is seeking approval of a conditional use permit (CUP) to allow eight studio/one-bedroom commercial apartments in an existing building located at 917 W. Main Street. The building was approved in 1988, prior to the adoption of the current Zoning Ordinance. Sometime after the building was constructed, the existing residential units were established for use on an extended stay basis, for which a conditional use permit was never approved. The new owner of the building wishes to establish the use of the units as commercial apartments from extended stay units to render them compliant

2 with current zoning standards. Seven of the units are located on the second floor and one handicapped accessible unit is on the first floor. The rest of the first floor, approximately 3,600 square feet in area, will continue to be used for commercial use. Staff Comments: Establishment of commercial apartments in the Urban Commercial (UC) zoning district requires approval of a conditional use permit. Use of the building for residential and commercial use is consistent with the City s comprehensive plan, which identifies this site for mixeduse. The mixed-use nature of the request is also consistent with the recently adopted (May 2018) Central Main Street Corridor Redevelopment Plan which identifies this site for mixed-use as well; however, at a greater density than is currently proposed. The Main Street Plan calls for a three-story building with 36 total units between buildings h (3) and g (3), as shown on the adjacent diagram A recent site visit revealed all of the parking stalls have been appropriately striped and marked. Six of the stalls are somewhat sheltered through an arcadestyle overhang incorporated into the building, as shown on the image below.

3 One parking stall is required per bedroom; however, the ordinance is silent on whether or not covered parking is required. The site includes 22 total stalls, which is sufficient for both uses (12 needed for commercial and 8 needed for residential). Parking area lighting is already in place. While not a requirement, staff encourages the applicant to add an additional window to the second story of the front façade. This building is located in a highly visible portion of Main Street that adds to the streetscape and curb appeal of the city. Conditional Use Review per Section : Conditional Uses must be reviewed based on the general standards outlined in Section of the Zoning Code as follows: a. How is the proposed conditional use (the use in general) in harmony with the purposes, goals, objectives, policies and standards of the city of Sun Prairie comprehensive plan, this title, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the city? The proposed conditional use is consistent with the objectives of encouraging the design and construction of mixed-residential neighborhoods that provide a range of housing types, densities and costs, and planning for a variety of housing types, costs and locations in the City to provide opportunities for persons of all income levels, age groups, and for those with special needs. b. How is the proposed conditional use (in its specific location) in harmony with the purposes, goals, objectives, policies and standards of the city of Sun Prairie comprehensive plan, this title,

4 and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the city? The proposed use on this site is consistent with the objective of focusing higher-density residential development in mixed-use redevelopment projects within City tax incremental financing (TIF) districts and other targeted redevelopment areas, rather than at the edge in new growth areas. While this proposal is not a redevelopment per se, the site is located within TIF 11 and provides an alternative housing product located in an existing mixed-use building in the Main Street corridor. c. Does the proposed conditional use, in its proposed location and as depicted on the required site plan, result in a substantial or undue adverse impact on adjacent property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters effecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions and policies of this title, the comprehensive plan, or any other plan, program, map, or ordinance adopted or under consideration pursuant to official notice by the city or other governmental agency having jurisdiction to guide growth and development? No undue adverse impacts on adjacent property should occur, provided conditions of approval are adhered to. d. Does the proposed conditional use maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property? The proposed land use is compatible with the existing land uses in the area, provided conditions of approval are adhered to. Approval of the conditional use will render the use in conformity with the City s zoning code. e. Is the proposed conditional use located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property? No undue burden on any public services is expected. f. Do the potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use (as identified in subsections (D)(2)(a) through (e) of this section), after taking into consideration any proposal by the petitioner and any requirements recommended by the petitioner to ameliorate such impacts? The new owners plan to rent the units on an annual basis as compared to the current short term basis, potentially providing more stability in occupancy. The benefits associated with the use, with the recommended conditions, outweigh any potential adverse impacts. Staff Recommendation: Staff recommends conditional approval of a conditional use permit to allow eight (8) commercial apartments in an existing building located at 917 W. Main Street, subject to the following conditions: 1. Statement of Purpose: This conditional use permit is approved to allow eight (8) commercial apartments in an existing building located at 917 W. Main Street. This conditional use permit shall govern the use of all facilities on this parcel and its successors, as identified within the submittal materials associated with this request. 2. The approval of the conditional use permit is based on the letter of intent dated May 29, 2018 and accompanying plans, and subsequent revisions, submitted in association with file PC , as may be revised based upon the conditions noted below. Use of the site shall be in accordance with the aforementioned plans and details. 3. All structural work and occupancy requirements shall comply with state building codes.

5 4. The applicant shall allow City representatives to inspect the property at any reasonable time for the purpose of determining compliance with this Conditional Use Permit. cc: Applicant Brian Flannery - Building Inspector File: PC

6 City of Sun Prairie, Wisconsin A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW EIGHT (8) COMMERCIAL APARTMENTS IN AN EXISTING BUILDING LOCATED AT 917 W. MAIN STREET. MALY ENTERPRISES CONDITIONAL USE PERMIT COMMERCIAL APARTMENTS Presented: July 17, 2018 Adopted: July 17, 2018 Resolution No.: RESOLUTION WHEREAS, there has been submitted a request by Maly Enterprises, LLC, seeking approval of a Conditional Use Permit to allow eight (8) commercial apartments in an existing building located at 917 W. Main Street.; and, WHEREAS, the proposed Conditional Use Permit is in compliance with all requirements of the City of Sun Prairie s Zoning Ordinance provided the applicant complies in full with the conditions of approval; and, WHEREAS, on Tuesday, July 10, 2018, the Plan Commission held a public hearing to consider the request for approval of the Conditional Use Permit and recommended approval; and, WHEREAS, the City Council has carefully reviewed the petition, binding submittal documents, staff's report and recommendations for Case No: PC dated July 3, 2018; and the Plan Commission's report to the City Council dated July 11, 2018, and has determined that the proposed conditional use permit, attached hereto as Exhibit A, is in the best interests of the City and should therefore be conditionally approved; NOW, THEREFORE, BE IT RESOLVED that the proposed Conditional Use Permit to allow eight (8) commercial apartments in an existing building located at 917 W. Main Street, attached as Exhibit A, which has been duly filed, be, and the same is hereby approved with the following conditions: 1. Statement of Purpose: This conditional use permit is approved to allow eight (8) commercial apartments in an existing building located at 917 W. Main Street. This conditional use permit shall govern the use of all facilities on this parcel and its successors, as identified within the submittal materials associated with this request. 2. The approval of the conditional use permit is based on the letter of intent dated May 29, 2018 and accompanying plans, and subsequent revisions, submitted in association with file PC , as may be revised based upon the conditions noted below. Use of the site shall be in accordance with the aforementioned plans and details. 3. All structural work and occupancy requirements shall comply with state building codes. 4. The applicant shall allow City representatives to inspect the property at any reasonable time for the purpose of determining compliance with this Conditional Use Permit.

7 APPROVED: Paul T. Esser, Mayor Date Approved: July 17, 2018 Date Signed:, 2018 This is to certify that the foregoing resolution was approved by the Common Council of the City of Sun Prairie at a meeting held on the 17 th day of July, 2018, and was submitted for signatures on the day of July, Elena Hilby, City Clerk

8 Southwest Corner (D) The following concept was selected by the public and CDA for the southwest corner of the W. Main and Bird Street priority area. This concept consists of a total area of 2.5 acres and has 46 surface parking stalls. The primary function of this concept is a public plaza gathering space for community residents and visitors to the corridor to partake in various festivals, markets, concerts, or desired programming. The plan also incorporates two three-story mixed-use buildings containing 36 units combined. It is anticipated the site would also incorporate Dane County Housing Authority units back into the proposed development. Parcel Redevelopment Action Plan (Developer led parcel assembly) 1. Meet with potential developers and identify interests in corridor site(s). 2. If the site is selected, work with developer to review concept plan. 3. Review concept plan against MSO standards and Central Main Street Redevelopment Plan. 4. Split parcel into development parcel and plaza parcel. 5. Enter into development agreement if requesting funding assistance and to transfer plaza parcel to the City. Parcel Redevelopment Action Plan (City led parcel assembly) 1. Meet with stakeholders (land owners, businesses, Dane County Housing Authority). 2. Create a redevelopment plan (funding sources, timeframes, targeted developers, etc.). 3. Enter into negotiations to purchase the land. 4. Split parcel into development parcel and plaza parcel. 5. Land bank the parcel or identify a developer for the site. 6. Enter into a development agreement with a potential developer. 7. Remove structures or work with a developer to remove structures. 8. Transfer ownership to a developer. 9. Continue with steps 1-3 above. Key Design Elements Cross access between properties to reduce entry and exit to W. Main and Lothe Streets Shared parking with surrounding uses to serve the site and plaza Cross Access Mixed-use buildings with a central plaza and patio for residents and patrons Surface and underground parking to accommodate residents and patrons Signature corner plaza feature 44 Central Main Street Corridor Redevelopment Plan Priority Redevelopment Concepts