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Home My WebLink About34. 17-438 AUGUST 8, 2017 AUGUST 22, 2017 17-406 17-438 ORDINANCE FIRST READING SECOND READING (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM UI INDUSTRIAL DISTRICT TO BP BUSINESS PARK DISTRICT FOR PROPERTY LOCATED AT 1919 BOWEN STREET INITIATED BY: OSHKOSH AREA HUMANE SOCIETY PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-32 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 30-32 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 located at 1919 Bowen Street from UI Industrial District to BP Business Park District. Lot 2 of CSM 3604, Doc. No. 957624, Register of Deeds, 15th Ward, City of Oshkosh, Winnebago County, Wisconsin, plus public right-of-way abutting said lot extending to the centerline of Bowen 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 #17-438 APPROVE ZONE CHANGE FROM UI INDUSTRIAL DISTRICT TO BP BUSINESS PARK DISTRICT FOR PROPERTY LOCATED AT 1919 BOWEN STREET on August 22, 2017. This ordinance changes the zoning at 1919 Bowen Street from UI to BP Business Park District. Overlay 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. TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: August 3, 2017 RE: Approve Zone Change from UI Urban Industrial District to BP Business Park District for Property Located at 1919 Bowen Street (Plan Commission recommends approval) BACKGROUND 1919 Bowen Street was formerly the location of Best Wash Car Wash that closed in early 2017 and is now vacant. The property was listed for sale and purchased by the Oshkosh Area Humane Society on June 15, 2017. The 0.73 acre property contains a 2,624 square foot commercial auto service building and driveway/off-street parking area. The surrounding area has a wide range of uses including commercial/service uses to the north, multi -family residential and health care to the east, industrial to the south and institutional (Oshkosh Area Humane Society) to the west. ANALYSIS The petitioner is requesting a zone change from the existing UI Urban Industrial classification to the BP Business Park designation for the purpose of combining the recently purchased parcel with the other two adjacent parcels they own at 1925 and 1930 Shelter Court. This will enable them to start planning for future improvements to the property which is mostly vacant at this time. The subject site is designated for commercial use by the City's Comprehensive Land Use Plan which is consistent with the proposed use. The zone change will square off the Business Park zoning area from the Urban Industrial zoning area to the south which will reduce negative development influences that may be caused by the industrial district. FISCAL IMPACT Changing the zoning as requested will not require the expansion of city services or utilities as this is an already developed area of the community. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us RECOMMENDATION The Plan Commission recommended approval of the zone change at its August 1, 2017 meeting. Respectfully Submitted, 4Drryn Burich Director of Planning Services Approved: Mark A. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us 414 N 735 D0' o - �'� � •-tri N tSOA' 1500 iG363' 75at7SA' 2016 s>g l M=ii s r: 2014AN , n5r. �4'�� H„ 2012'a<; �` 2010 2008 h LUsoo 375.0' 2006 AQ' ~y3�? 1T i 225-^z�r::: 2004 N 2002 0) d ,,. o �e (UR, -9 mom 1920 1950 rrsaaz;;;' 3 A` ,-•a::. 0 1910 - ==_, 'Z19 v>sr a g0. Y_ 1900- F z ;aa, 19 Q' 150.0.. _ l•... 'w•aYYJ MOS - •�%'%` .4 ;'?e i.' `.; ?.-moi'• - - - - _ r-.5 .�" -�. = ..i_� ^:'t. -•.✓-,-'-"'s g •wA x .`.ctx.+� r — _ moi':.?+' i 1 Gl'� - :i�...•n, ��u!..�..ic�„ 'y=N.�•Y:>Y C ST:T)'1::..v ^::=6_'__ _ S -v..,.. _�3..::1,x:5-''._ •L:� !.��"�:'%Y .'sff. - s.; 1k.Nr�-? - r Via! trt�.•. 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These maptsydatasets are provided for Information purposes only and may not be sufficient or Printing Date: 7/13/2017 Oshkosh appropriate for legal, engineering, or surveying purposes. They are provided 'AS -IS' without Prepared by: City of Oshkosh, WI Oshkosh warranties of any kind and the City of Oshkosh assumes no FAility for use or misuse. JAGISVanning1Plan Commission Site Plan MapTemp!alewlan Commas;on Siva Plan Reap Tem0ate.mxd User. kat�b ITEM: ZONE CHANGE FROM UI URBAN INDUSTRIAL DISTRICT TO BP BUSINESS PARK DISTRICT FOR PROPERTY LOCATED AT 1919 BOWEN STREET Plan Commission meeting of August 1, 2017 GENERAL INFORMATION Applicant/Owner: Oshkosh Area Humane Society Actions Requested: The applicant requests a zone change from the existing UI Urban Industrial to BP Business Park for property located at 1919 Bowen Street. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning from one classification to another but relies on the Comprehensive Plan and good planning principles. Property Location and Type: 1919 Bowen Street was formerly the location of Best Wash Car Wash which closed in early 2017. The property was listed for sale and purchased by the Oshkosh Area Humane Society on June 15, 2017. The 0.73 acre property contains a 2,624 square foot commercial auto service building and driveway/off-street parking area. The surrounding area has a wide range of uses including commercial/service uses to the north, multi -family residential and health care to the east, industrial to the south and institutional (Oshkosh Area Humane Society) to the west. Subject Site Existing Land Use Zonin Vacant Car Wash UI Adlacent Land Use and L,oning Existing Uses Zoning NorthCommercial ................................................ ............................................................................................................................. BP SouthIndustrial ...................................... .......... .......................................................................................................................................... ...................................................................................................................................................................................................................................................................... ................................................................................................................................................ _...... _.__........ UI ......................... ................ East...................... ............................ Health Care......................................................................................................................_MR-20, ............. .................................... ...... _._... _............. _.__..... _........................ _........................ _._ UMU ..............................................................__...................................._............................. West Institutional (Humane Society) BP Comprehensive Plan Land Use Recommendation Land Use 10 Year & 20 Year Land Use Recommendation Commercial ANALYSIS The petitioner is requesting a zone change from the existing UI Urban Industrial to BP Business Park for their recently purchased parcel located at 1919 Bowen Street. The purpose of the rezoning request is to allow the Oshkosh Area Humane Society to combine the three parcels they own (1925 & 1930 Shelter Court and 1919 Bowen Street) into one tax parcel. This will enable them to start planning for future improvements to the property much of which is vacant. The subject property is designated for commercial use by the Comprehensive Land Use Plan and is consistent with the proposed use of the property. Staff is supportive of the rezone as this will square off the Business Park zoning area from the Urban Industrial zoning to the south, reducing negative development influences caused by the industrial district. If the zone change is approved by the Common Council, the Humane Society will be able to proceed with the combination of their three tax parcels. RECOMMENDATION/CONDITIONS Staff recommends approval of the zone change from UI Urban Industrial District to BP Business Park District as requested. The Plan Commission approved the zone change from UI Urban Industrial District to BP Business Park District as requested. The following is the Plan Commissions discussion on this item. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He discussed the purpose of the zone change request which was to allow this parcel to be combined with the other two parcels currently owned by the Oshkosh Area Humane Society. He further stated that the zone change was consistent with the City's Comprehensive Plan and the proposed use of the property. Mr. Thoms questioned what the zoning designation was for the property to the north of this site. Mr. Nau responded that the property to the north is also zoned BP Business Park District and the zone change on this site will square off the zoning district. Mr. Borsuk inquired if the Humane Society discussed this proposed zone change with the adjacent property owners. Joni Geiger, Executive Director of the Oshkosh Area Humane Society, 75 Lake Street, stated that she had not. Mr. Borsuk then inquired if the City notified adjacent property owners of this action. Item — Zone Change —1919 Bowen Street Mr. Burich responded they had sent meeting notices regarding this matter. Motion by Thoms to approve a zone change from UI Urban Industrial District to BP Business Park District for property located at 1919 Bowen Street. Seconded by Vajgrt. Motion carried 8-0. Item — Zone Change —1919 Bowen Street 01.4? Oshkosh Property Address: Parcel Number: City of Oshkosh Planning Services 215 Church Avenue Po Box 1 130 REZONING Oshkosh, WI 54903-1130 APPLICATION 920-236-5059 Existing Zone District Lot Size Frontage; ft. Depth: it. Area: Acres/Sq ❑ Rectangle Ft Comprehensive Plan Future Land Use Map Designation Current use of property Proposed use of property Proposed Zone District _ Legal Description (to be provided in digital format) Will a Conditional Use Permit be required ❑ yes 210 ❑ Don't Know t. Applicant Identify the person or organization requesting the Zone Change: Name ,46 ' Cell Phone ❑ Irregular Organization 05,M 0 W /Y&:' 7 /4U Mjq&uE -S-M, Business Phone Mailing Address I C/a5- g— Fax City 0 SIJK 6 S/f State WT Zip 6V�01 E -Mail . JW1 D/L 6• 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 XJ Check here if Applicant is also Property Owner Identify the person or organization that owns the subject property: Name Organization V Mailing Address .�3� City Page 5 of 7 State Zip Cell Phone Business Phoney-=4F�2`�- p Fax E-mail �0 ❑ 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 fif necessary) If applicable, include a completed Conditional Use Permit application with the Zone Change submittal. ❑ 5. 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. 4 if also the owner, the applicant grants the City of Oshkosh staff, Plan Commission, and Common Council the rig aess,the sub' c roperty for the sole purpose of evaluating the application. fZL/ 7 Applic nt Si nature U 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 evaluating the application. Property Owner Signature Property Owner Signature Date Date Page 6 of 7 4 City of Oshkosh Planning Services city REZONING 215 Church Avenue Po Box 1 130 0� REVIEW STANDARDS Oshkosh, WI 54903-1130 Oshkosh 920-236-5059 The Plan Commission and the Common Council may consider whether the proposed Zone Change meets the following standards: A. Explain how the proposed Zone District designation is consistent with the purpose and intent of the City's Comprehensive Plan, including the Future Land Use Map. B. Explain how the proposed Zone District will further the themes and objectives of the City's Comprehensive Plan, as well as any relevant adopted Area Redevelopment Plans. M Ft .. . A. Describe how adequate public facilities already exist or will be provided at no additional public cost, and will safeguard the health, safety, morals and general welfare of the public. B. Explain how the proposed Zone District will not be detrimental to the financial stability and economic welfare of the city. Describe how the proposed Zone District is consistent with the trend of development in the neighborhood, ar the property to be re -zoned was improperly zoned or classified when the City's Zoning Ordinance was adopted or amended. Page 7 of 7 5 REZONE MUZA METAL PRODUCTS LLC OSHKOSH AREA HUMANE SOCIETY 1919 BOWEN ST 606 E MURDOCK AVE 1925 SHELTER CT PC: 08-01-17 OSHKOSH WI 54901-2352 OSHKOSH WI 54901-2091 OSHKOSH HEALTH PROPERTIES LTD PRTNSHP 744 CARLE AVE LEWIS CENTER OH 43035-8363 1900-1950 BOWEN STREET LLC 80 CRIMSON LN OSHKOSH WI 54902-7297 RH HOLDINGS LLC 1951 BOWEN ST OSHKOSH WI 54901-2357 WHPC NIBP PORTFOLIO LLC 2 E MIFFLIN ST STE 801 MADISON WI 53703-2860 X J.IGISIPtanning�Plan Commission Site Plan 61apTemW.stelPlan Commission Site Plan Map Template.mxd User. katib n 1 The City of Oshkosh creates and maintains GIS maps and data for its am use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map(sydatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS" without ',warranties of any kind and the City of Oshkosh assumes no Gab:ity, for use or misuse. Site Plan Mao Temva!eFan Comm;ss!on See Plan f !ap TemD!ate.mAd 1 in = 0.09 mi 1in=500 ft Printing Date: 7/1312017 Prepared by: City of Oshkosh, WI 0iy, Of Oshkosh User. kafieb =;)?u�..r'"—Lrr"°tiiz?e.-.A,'-i.:t in 1 �. _ ,:;; v _ = 0.02 mi 1f ,- j� _ 1 in IL 8U The Cily of Oshkosh creates and mainta'ns GIS maps and data for its avn use. They may show the appro)dmate relative location of property, boundaries and other feature from a variety of sources. These map(sydatasets are provided for information purposes only and may not be suffiaent or Printing Date: 7/13/2017 appropriate for legat, engineering, or surveying purposes. They are proMed 'AS -IS' without Prepared by: City of Oshkosh, WI warrantles of any find and the City of Oshkosh assumes no Lability for use or misuse. )AGISlPlanning)Plan Commission Sive Plan flap Template)Plan Commssion Re Plan heap Temdatemrd 0 r J Oshkosh U&c-,- kal eb