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Home My WebLink About24. 13-525 NOVEMBER 12, 2013 NOVEMBER 26, 2013 13-488 13-525 ORDINANCE FIRST READING SECOND READING (CARRIED___7-0___LOST_______LAID OVER________WITHDRAWN________) PURPOSE: APPROVE REZONING 2212 MONTANA STREET FROM M-3 GENERAL INDUSTRIAL TO M-2 CENTRAL INDUSTRIAL INITIATED BY: JACK MEYER 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 property at 2212 Montana Street from M-3 General Industrial to M-2 Central Industrial, per the attached map. All of Lots 99 & 100, South Side Auto Plat, 14th Ward, City of Oshkosh, Winnebago County, Wisconsin, plus public right-of-way abutting said lots extending to the centerline of Montana Street. 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 #13-525 APPROVE REZONING 2212 MONTANA STREET FROM M-3 GENERAL INDUSTRIAL TO M-2 CENTRAL INDUSTRIAL on November 26, 2013. 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. O.IHKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich r3 Director of Planning Services DATE: November 7, 2013 RE: Approve Rezoning 2212 Montana Street from M -3 General Industrial to M -2 Central Industrial (Plan Commission recommends approval) BACKGROUND The property included in this rezoning request is located at 2212 Montana Street in an older industrial area of the community on the south side of 2& Avenue behind the former Lake Aire shopping center to the east, Oshkosh Corporation to the south and the airport to the west. The industrially zoned area contains a number of smaller light manufacturing and commercial uses along with some residential dwellings, ANALYSIS The purpose of the zone change from M -3 to M -2 is to bring land at the location into common zoning and allow the applicant to combine two parcels for the future expansion of the building at 2200 Montana Street. Also, as currently zoned, many of the structures within the block are considered legal nonconforming and the zone change would bring them back to conformity. The City's Comprehensive Plan recommends the subject area for commercial use due to its close proximity to the shopping center's influence and the existing zoning of M -3 was adopted with anticipation that new industrial development had potential in this area. Neither of the conditions transpired and the down zoning of the area to allow smaller industries more flexibility in using their property would appear to be a good land decision. Staff will also be looking at the broader area for additional zone changes after a complete analysis is conducted. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its October 15, 2013 meeting. Approved, Ci y Manager ITEM: ZONE CHANGE FROM M -3 GENERAL INDUSTRIAL DISTRICT TO M -2 CENTRAL INDUSTRIAL DISTRICT FOR PROPERTY LOCATED AT 2212 MONTANA STREET Plan Commission meeting of October 15, 2013 GENERAL INFORMATION Applicant /Owner: Jack Meyer Action(s) Requested: Zone change from M -3 General Industrial District to M -2 Central Industrial District Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies on recommendations of the Comprehensive Plan, redevelopment plans and sound planning principles. Property Location and Background Information: The property included in this rezoning request is located at 2212 Montana Street in an older industrial area of the community on the south side of 20`h Avenue behind the former Lake Aire shopping center to the east, Oshkosh Corporation to the south and the airport to the west. The industrially zoned area contains a number of smaller light manufacturing and commercial uses along with some residential dwellings. ;ub'ect Site Exrstin Lrt trl Use - Zonirr Auto Service M -3 Adjaccnt Land Use and Zonine Existin Uses Zonrn North Auto Service (same owner) M -2 South Commercial (vacant) M -3 East Light Industrial M -3 West Industrial (Oshkosh Corporation) M -2 . . Comprehensive Phrra La d Use Reeothmendalion Land Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS The purpose of the zone change from M -3 General Industrial to M -2 Central Industrial is to bring land at the location into common zoning and allow the applicant to combine two parcels for the future expansion of the building at 2200 Montana Street. Additionally, the M -2 Central Industrial designation allows less intensive uses then M -3 General Industrial. As currently zoned, many of the structures within the block are considered legal nonconforming and by changing the area to M -2 Central Industrial would bring them back to conformity. The single parcel included in the rezone totals .27 acres. The City's Comprehensive Plan Land Use Map recommends the subject area for commercial use. At the time of adoption, it was thought that the shopping center's commercial influence could expand to the west or that there would be a general redevelopment of the subject area for new industrial development which is potentially why the M -3 district was adopted. Neither of these conditions transpired nor does it look like these circumstances will change anytime in the future and down zoning the area to allow these smaller industries more flexibility in using their property would appear to be a good land use decision. Staff will be looking at the broader area for additional zone change opportunities after a complete analysis is conducted and bring some options back to the Plan Commission for consideration. RECOMMENDATION Staff recommends approval of a zone change from M -3 General Industrial to M -2 Central Industrial as requested. The Plan Commission approved of the zone change from M -3 General Industrial to M -2 Central Industrial District as requested. The following is the Plan Commission's discussion on this item. Mr. Burich presented the item and reviewed the site and surrounding area as well as the zoning classifications and land use in said area which included C -2 General Commercial District, M -3 General Industrial District, and M -2 Central Industrial District. He further stated that the M -3 zoning district was mainly used in industrial parks where the M -2 zoning district was utilized for less intensive uses. The current M -3 zoning designation significantly restricts what can be done with the parcels and staff will be looking at the whole area in the future to determine if additional zone changes should be considered. Mr. Hinz commented that the Plan Commission held a workshop on reviewing the zoning in the entire community and questioned if this zone change was part of a broader plan. Mr. Burich responded that he did not know how it would be handled at this point but the request was to change from one manufacturing zoning classification to another which was consistent with the current uses seen in this area and should not impact any remapping of zoning districts to be considered in the future. Mr. Thorns stated that the request to down zone by the property owner appeared to be spot zoning to him. Mr. Burich indicated that both M -2 and M -3 zoning classifications were manufacturing uses and there were other sites in the area zoned M -2 as well so he did not consider it spot zoning. Mr. Buck added that the M -2 zoning for this property matches up with other sites in the area. Motion by Vajgr-t to approve the zone change froin M -3 General Industrial District to M -2 Central Industrial District for property located at 2212 Montana Street. Seconded by Nollenberger. Motion carried 6 -0. Item — 2212 Alontana Rezone City of Oshkosh Planning Services c` 215 Church Avenue PO Box 1130 REZONING 215 WI 54903 -1130 OfHKOA APPLICATION or ,eewn,o, 920 -236 -5059 Proposed Zone District Legal Description (to be provided in digital form, MS Word format) Will a Conditional Use Permit be required? F]Yes FI]No Don't Know 2. Applicant Interest The applicant must have a legal interest in the subject property: ®Property Owner Purchaser by Option or Purchase Agreement Purchaser by Land Contract ❑Lessee/Tenant 3. Property Owner XCheck here if Applicant is also Property Owner identify the person or organization that owns the subject property: {Name ' G l - � - 2 Cell Phone ,2-0- OrganizationhlOW"/1VA s7!,C'Ci PPLO F_I' F -C B us in ess P hone 9 2-a )-1o2- Mailing Address - s oaT/-1 PA /,3 v- A rim, - Fax _ Ci City��CO %-� - State li(/i Zips 490 -mail .Page 2 of 7 9/14/2011 3 1. Need for Zone Change Written description of why the zone change is needed, and how the proposed zone district will meet the needs of the development. 2. Project Description Written description of the proposed site and /or building layout, building and structure design information, floor plans, parking calculations, current environmental conditions, and other pertinent information. 3. Site Plans, Building Elevations, Floor Plans, and Landscape Plans If Planned Development approval is being requested concurrently with the zone change request, enclose the site plans, building elevations, floor plans, and landscape plans required on the Site Plan Review Checklist. ❑ 4. Conditional Use Permit Application (if necessary) If applicable, include a completed Conditional Use Permit application with the zone change submittal. ❑ S. Planned Development Application (if necessary) If applicable, include a completed Planned Development Application with the zone change submittal. The applicant must read the following statement carefully and sign below: The undersigned requests that the City of Oshkosh review this application and related required documents and site plans. The applicant further affirms and acknowledges the following: That the applicant has a legal interest in the property described in this application. That the answers and statements contained in this application and enclosures are in all respects true and correct to the best of his, her, or their knowledge. That the approval of this application does not relieve the undersigned from compliance with all other provisions of the Zoning Ordinance or other codes or statutes, and does not constitute the granting of a variance. That the applicant will comply with any and all conditions imposed in granting an approval of this application. If also the owner, the applicant grants the City of Oshkosh staff, Plan Commission, and Common Council the right to access the subject property for the sole purpose of evaluating the application. Applicant Signature Date Applicant Signature Date If the applicant is not the property owner, the property owner must read and sign below: The undersigned affirms and acknowledges that he, she or they are the owner(s) of the property described in this application, and: ® Is /are aware of the contents of this application and related enclosures. ® Authorizes the applicant to submit this application and represent the undersigned in the matter of being reviewed by the City of Oshkosh. Grants the City of Oshkosh staff, Plan Commission, and Common Council the right to access the subject property for the sole purpose of evalu ting the application. Property Owner Signature Date Property Owner Signature Date Page 3 of 7 9/14/2011 0 The request for a zoning change on 2 lots on Montana street. 2200 / M2 and 2212 /M3. The 2 lots to be zoned M2 for the future expansion of the building at 2200 Montana street. Also the elimination of utilities that are not necessary for the future of the property. JACK W. MEYER Property owner 5 A 270100 It L6D. N °- J. WORE ' r; Wt 1 ) r l� N 1 in = 0.01 mi 1 in = GO ft 'he City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative kali'on of property, boundaries and other feature from a variety of sources, Printing.paie:.912D12093 ®�� ®�� h only and map[s)ldatasels are provided for information purposes o and may not be sufficient or ppropriate for legal, engineering, or surveying purposes. They are provided 'AS -IS' without Prepared by; City of Oshkosh, WI oeirfe WATER 6 rarranfies of any kind and the City of Oshkosh assumes no fiability for use or misuse. " Y =Ap f 135.00' i 1 135.00' - t! - � 1 fff O Z or N� VA. 270100 It L6D. N °- J. WORE ' r; Wt 1 ) r l� N 1 in = 0.01 mi 1 in = GO ft 'he City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative kali'on of property, boundaries and other feature from a variety of sources, Printing.paie:.912D12093 ®�� ®�� h only and map[s)ldatasels are provided for information purposes o and may not be sufficient or ppropriate for legal, engineering, or surveying purposes. They are provided 'AS -IS' without Prepared by; City of Oshkosh, WI oeirfe WATER 6 rarranfies of any kind and the City of Oshkosh assumes no fiability for use or misuse. REZONE COYOTE OF WISCONSIN LLC JACK W MEYER 2212 MONTANA ST PO BOX 126 637 W SOUTH PARK AVE PC: 10 -15 -13 WITTENBERG WI 54499 0126 OSHKOSH WI 54902 6376 PHILIP O PASCHKE 2211 MINNESOTA ST OSHKOSH WI 54902 7021 OSHKOSH CORPORATION PO BOX 2566 OSHKOSH W1 54903 2566 IBC SALES CORP PO BOX 419627 KANSAS CITY MO 64101 9627 7 V- u The U1 of Oshkosh creates and maintains GIS maps and data for its mw use. They may show the approximate relative location of property, boundaries arid other feature from a variety of sources. These rnap(s)fdatasets are provided for Information purposes only and may not be sufficient or appropriate for legal, engineeka, or surveying puclawp-s- They are prodded "AS-IS' %vftut warranties of any kind and the City of Oshkosh assume, no liability for use or misuse, Silo Plan k4a.p TempW!.eM ai CGrur.- &i w -S4e Mai Mop 7znWu.inyd N I in = 0.01 m! A, I in=65ft Printing Date: 912512013 Prepared by: City of Oshkosh, W] 0 0-77HKOf H ON THE WATER l" G - z �a The City of Oshkosh creales and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map (s)tdatasets are provided for information purposes oniy and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided 'AS -15' without warranties of any Knd and the City of Oshkosh assumes no liability for use or misuse. JAGIS1PlanninQ Pfan Commission Sire Plan Mao TemololelPlan Rnmmkcrnn saw Plan M—Tom J.f. —1 N tin= 0.19mi A 1 in =1,000 ft Printing Date: 912412013 Prepared by: City of Oshkosh, WI OfHKOfH ON THE WATER 9 user. aeoaranr JAGISManninglPlan Commission Site Plan Site Plan Map%mplate.mxd u 1in:10.09mi tin =50ft Printing Date: 9/2412013 Prepared by: City of Oshkosh, WI OJHK01H ON THE WATER l kpr rinhnrahi 10