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HomeMy WebLinkAbout08-378OCTOBER 14, 2008 08 -378 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF ZONE CHANGE FROM R -1 TO M -3 / 3156 ALGOMA BOULEVARD INITIATED BY: B. MIKE SAMMONS, OWNER PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30 -16 (B) 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 property from R -1 Single Family to M -3 General Industrial. Commonly known as 3156 Algoma Boulevard. Being a part of the SW Y4 of the SE Y4, Section 3- 18 -16, excluding that part described in Doc. No. 1472040, Register of Deeds, 12th Ward, City of Oshkosh, Winnebago County, Wisconsin, described as: Beginning at the intersection of the NE corner of Algoma Blvd. and the Sly line of W. Snell Rd., thence Ely along the Sly line of W. Snell Rd. and its ext to a point 518.5 ft. E of the centerline of said Algoma Boulevard; thence S 90 ft.; thence Wly to the E line of said Algoma Blvd; thence NWly along the E line of said Algoma Blvd. back to the point of beginning, excluding those parts deeded for highway purposes, plus public right -of -way abutting said lot extending to the centerlines of Algoma Blvd. and W. Snell Rd./W. Fernau 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 #08 -XXX APPROVAL OF ZONE CHANGE FROM R -1 TO M -3 / 3156 ALGOMA BOULEVARD on October 28, 2008. The Ordinance changed the zoning on the property at 3156 Algoma Blvd. to M -3 General Industrial. 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. W Z U) '0�00 4 9 :P CD ER LNG_ � -m . RNAU SO ti LO Rezone from R-1 to M-3 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 3156 Algoma Blvd 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. 0 100 Feet purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies; are found, please contact the City of Oshkosh. N City of Oshkosh Wisconsin Community Development 10/7/08 Created by - D TO: Honorable Mayor and Members of the Common Council FROM: Jackson Kinney Director of Community Development DATE: October 9, 2008 RE: Approval of Zone Change from R -1 to M -3 / 3156 Algoma Blvd. B. Mike Sammons, owner (Plan Commission Recommendation: Approved) BACKGROUND The applicant is requesting a zone change from R -1 Single Family to M -3 General Industrial District for the property at 3156 Algoma Boulevard. The applicant desires to market the property for commercial or industrial development. The property could not be developed for such uses with the R -1 zoning designation. Refer to the attached report for additional information on this request. ANALYSIS The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies on the Comprehensive Plan and good planning principles. The adopted Comprehensive Plan Land Use Map identifies this area as appropriate for commercial use. Staff feels this rezoning request is appropriate and allows the land to be better utilized along this highly visible corridor. At some point, it is anticipated that the entire stretch will be properly zoned and developed in accordance to the Comprehensive Plan. FISCAL IMPACT None anticipated. Rezoning to a non - residential classification may increase the taxable value of the property and new development will increase the property taxes generated from the existing single family dwelling. RECOMMENDATION The Plan Commission approved of this request at its September 16, 2008 meeting. ITEM: ZONE CHANGE FROM R -1 SINGLE FAMILY RESIDENCE DISTRICT TO M -3 GENERAL INDUSTRIAL DISTRICT FOR PROPERTY LOCATED AT 3156 ALGOMA BOULEVARD - Plan Commission meeting of September 16, 2008 . GENERAL INFORMATION Applicant /Owner: B. Mike Sammons Action(s) Requested: The applicant is requesting a zone change from R -1 Single Family Residence District to M -3 General Industrial District for a parcel of land currently containing a single family dwelling. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies on the Comprehensive Plan and good planning principles. Property Location and Background Information: The subject site is a 0.75 acre parcel located at the southeast corner of Algoma Boulevard (U.S. Highway 45) and Snell Road. The City's Northwest Industrial Park is located directly east of the subject site. Adjacent Land Use and Zonin z 4 M-3 North Vacant/Future Ri ht -of -Wa South Single-Family Residential R -1 East Industrial M -3 West Industrial M -3 ANALYSIS The applicant/owner is requesting the zone change to enable him to market the property for commercial or industrial development as he has been approached by a perspective buyer. Additionally, the owner feels the highest and best use of the property is commercial or industrial. The site is located along a U.S. highway and has close access to U.S. Highway 41, both positive factors for a commercial/industrial development. The Comprehensive Plan Land Use Map identifies the subject site as appropriate for commercial use. The M -3 zoning is consistent with the zoning and land uses in the surrounding area, and allows commercial uses as recommended by the comprehensive plan. Staff considered rezoning both remaining residential properties (the other being 3140 Algoma Boulevard adjacent and to the south), however, a representative for that property indicated there are no long -term plans to discontinue the single - family use. Staff feels rezoning both properties at this time is not justified due to the M -3 District not allowing single- family uses, and thus creating a nonconforming situation for an unknown length of time. Staff feels this rezoning request is appropriate and allows the land to be better utilized along this highly visible corridor. At some point, it is anticipated that the entire stretch will be properly zoned and developed in accordance to the Comprehensive Plan. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of the rezoning request from R -1 to M -3 as proposed. The Plan Commission approved of the rezoning request as proposed. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and stated that the owner is requesting this zone change as he is marketing the property for sale for potentially commercial or industrial use. He further stated that the property to the south would remain R -1 as the site is currently used as a residential property and the owner does not have any long -term plans to discontinue this use and the City does not want to create a nonconforming use on the site by rezoning the land. Ms. Propp questioned what the current use of 3116 Algoma Boulevard was which is adjacent to the property to the south of the subject site. Mr. Nau responded that is was a fitness gym. Mr. Dell'Antorua asked if the residence at 3140 Algoma Boulevard was occupied at this time. Mr. Nau responded affirmatively. Ms. Mattox inquired about the perspective buyer. Mike Sammons, 1845 Walnut Street, owner of the property, stated that he had intentions of potentially selling the property to a heating and cooling business. Ms. Propp commented that she felt the property was appropriate to be rezoned as it is surrounded by ITEM- REZONING 3156 ALGOMA 2 industrial uses and hopefully, at some point, the other residential site could be rezoned as well. Mr. Sammons stated that pending highway construction would be changing the street layout in the future which would result in the creation of a cul -de -sac behind the properties. Fernau Avenue and Snell Road will merge and proceed to Highway 45 and the accesses to Algoma Boulevard will be removed. These actions, as well as the surrounding uses, make the property more marketable as an industrial site rather than the current residential use. Motion by Borsuk to approve the zone change from R -1 to M -3 for property located at 3156 Algoma Boulevard as requested. Seconded by Mattox. Motion carried 8 -0. ITEM - REZONING 3156 ALGOAM . City of Oshkosh Application Rezoning OfHK01H ON THE WATER "PLEASE TYPE OR PRINT USING BLACK INK ** APPLICANT INFORMATION Petitioner: B. Mike Sammons Petitioner's Address: 1845 Walnut Telephone # (920 233 -1268 Fax:( 929 2 3 1 - City: Oshkosh SUBMIT TO: Dept of Community Developmeni 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 PHONE: (920) 236 -5059 Date: 8/5/08 State: WI Zi 54901 Other Contact #or Email: sammonsplumbing @ ntd. net Status of Petitioner (Please Check Owner 0 Representative 0 Tenant 0 Prospective Buyer Petitioner's Signature (required): ` i L \/1it,� '�''`- fi r- Date: 8/5/08 OWNER INFORMATION Owner(s): B Mike Sammons Date: 8 /5/ 08 Owner(s) Address: 1845 Walnut City: Oshkosh State: WI Z 54901 Telephone #: (920) 233 -1268 Fax:( 929 231 —8485 Other Contact # or Email: sammonsplumbing @ ntd . net Ownership Status (Please Check): Z Individual ❑ Trust 0 Partnership ❑Corporation 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 maybe p s the Planning Services Division for incomplete submissions or other administrative reasons. „_ 8/5/ Property Owners Signature. Date: \, - ZONING AND DEVELOPMENT INFORMATION Address /Location of Rezoning Request: 3156 Algoma Blvd. Tax Parcel Number(s) 1225090000 Rezone property from: R1 M3 to Purpose for Rezoning: Desire M3 zoning Describe existing property development and land use: residential Describe proposed development and/or proposed land use: better land value; perspective buyer desires M3 Proposed time schedule for development and/or use of the property: unknown Staff Date Recd mot . W41 --3 Zoning Adjacent to the Site: North: M3 South: 143 East: M3 West: M3 SUBMITTAL REOUIREMENTS — 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 rn 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 2 d 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 H 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 Ell TO N OF O KOSH LO ry J M�3 O TE LE N. W.. E NA AVE. SUBJECT' TI LLMAN D siTE T W OF o -y �� SH SH w z p Q � LAK VI EW DISCLAIMER ON REZONING PET This map is neither a legally recorded map nor a survey and it is not intended to be used as one. N This drawing Is a compilation of records, data R - 1 TO M -3 OfHKOlH and Information located in various city, county ou nie wawa and state offices and other sources affecting 3156 A LG O MA BLVD the area shown and it Is to be used for reference City of Oshkosh purposes only. The City of Oshkosh Is not re- Department of sponsible for any inaccuracies herein contained. : If discrepancies are found, please contact the S CaI @. 1t� 5 ��' Community Development Oshkosh. City of 09/09/08 Created by - dff REZONING GURPAL WISCONSIN STATIONS LLC STATE OF WISCONSIN DOT 3156 ALGOMA BLVD 9653 N GRANVILLE RD PO BOX 28080 PC: 09 -16 -08 MEQUON WI 53097 3504 GREEN BAY WI 54324 0080 CAREW CONCRETE /SUPPLY CO INC 1811 W EDGEWOOD DR APPLETON WI 54913 9708 RE 3219 ALGOMA BLVD SAMMONS ETAL B MICHAEL. 522 W MURDOCK AVE OSHKOSH W1 54901 2298 RE VACANT LOTS -W SNELL /FERNAU CHAMCO INC 120 JACKSON ST OSHKOSH WI 54901 4714 RE 1900 STILLMAN DR MARSH JOYCE J 3140 ALGOMA BLVD OSHKOSH WI 54901 1054 RE 3156 ALGOMA BLVD RE 3115 ALGOMA BLVD C7 N � 0 N W � I I 1 I • 1 A A= lwl� AI9 DISCLAIMER This map's 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 R -1 TO M -3 3156 ALGOMA BLVD. Scale: 1" = 150' N OfHKOlH ON 7HE WATEP City of Oshkosh Department of Community Development 09/09/08 O� - -M ' ■! , .. ■� ■ � . mm:tea p� � _� ¥—� w w . �14 �2 �_ C &. .i.: � ■� � �,� � + ;t,■�e a M ,, m s., ©. ON ,e��, �� = �2 • a § jjjjjjF1w�i 'j, = | M NNE, � 1 ONE Vi \ MEN MIL k,s_< �k o _ , ■ �| _ ■cv*m■ I ■ - ■ norm- ■ �- - - # NEW : low a■ - ■ ■�' iƒ2 §) ■■s 2 �__ - ■ �■ ■- - . , ;� - ---■- g��■■■ ■�� = §_s =� ■■ ■ &�&u ■ ■ ■ ■A9 norm at / & =M— t __�■ -� _ -■ __ j= _ � Og g ,k ■Q ©■ �� s ■ ■ ■�¥'� �\�,Qj t■ �� ��k r ? SUBJECT SITE t r n :� a k a � k s 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 R -1 TO M -3 3156 ALGOMA BLVD. Scab: 1" = 150' N O.fHKOfH off Ttie w ATER City of Oshkosh Department of Community Development 09/09/08