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Home My WebLink About09-01JANUARY 13, 2009 09 -01 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF MAP AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN LAND USE MAPS CHANGING THE LAND USE DESIGNATION OF PROPERTY ON GREEN VALLEY ROAD, TOWN OF OSHKOSH, FROM RESIDENTIAL TO COMMERCIAL INITIATED BY: R.J. ALBRIGHT INC., OWNER PLAN COMMISSION RECOMMENDATION: Approved AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN OF THE CITY OF OSHKOSH, WISCONSIN The Common Council of the City of Oshkosh, Wisconsin, do ordain as follows: SECTION 1. R.J. Albright Inc., owner, requests a map amendment to the City of Oshkosh 10 Year and 20 Year Comprehensive Plan Land Use maps from a residential land use designation to a commercial land use designation for property located on Green Valley Road, Town of Oshkosh, described as Lot 2, CSM No. 5133, Register of Deeds, Winnebago County, Wisconsin. SECTION 2. The Plan Commission recommended approval of said amendment. SECTION 3. The City has held a public hearing on this Ordinance, in compliance with the requirements of Section 66.1001(4)(d), Wisconsin Statutes. SECTION 4. The Common Council of the City of Oshkosh hereby approves amending the Comprehensive Plan Land Use Maps changing the land use designation on the above described property on Green Valley Road from residential to commercial. SECTION 5. This Ordinance shall take effect upon passage by a majority vote of the members -elect of the Common Council and publication as required by law. SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #09 -XXX APPROVAL OF MAP AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN LAND USE MAPS CHANGING THE LAND USE DESIGNATION OF PROPERTY ON GREEN VALLEY ROAD, TOWN OF OSHKOSH, FROM RESIDENTIAL TO COMMERCIAL on January 27, 2009. The Ordinance changes the land use designation of a property on Green Valley Road from residential to commercial. 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. I OYHK OfH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Kinney Director of Community Development DATE: . January 8, 2009 RE: Approval of Map Amendment to the City's Comprehensive Plan Land Use Maps Changing the Land Use Designation of Property on Green Valley Road, Town of Oshkosh, from Residential to Commercial Land Use (Plan Commission Recommends Approval) BACKGROUND /SUBJECT PROPERTY The subject site is a 3.70 acre parcel located along the west frontage road of U.S. Highway 41 (Green Valley Road) approximately 3,000 feet south of Brooks Road in the Town of Oshkosh. The owner has a prospective buyer wishing to develop the parcel with a commercial /industrial use, but was denied zoning approval from the County due to the City's recommended residential land use designation. ANALYSIS In March of 2005, the City adopted the 2005 -2025 Comprehensive Plan, an update to the previous plan from 1993. Part of the update entailed refining the 20 -Year Recommended Land Use Map and the creation of a 10 -Year Land Use Map. These maps are intended to be used as a general reference tool for determining appropriate future land use and growth patterns. Upon review of this request, staff supports changing the projected land use from residential to commercial as the City has historically promoted commercial development along frontage roads similar to Koeller and Washburn Streets. FISCAL IMPACT None anticipated as the property is located in the Town of Oshkosh. RECOMMENDATION The Plan Commission approved of this request at its January 6, 2009 meeting. Approved, ✓/ Cit l \ y Manager ITEM: COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FOR PROPERTY LOCATED SOUTHWEST AND ADJACENT TO 5001 GREEN VALLEY ROAD IN THE TOWN OF OSHKOSH Plan Commission meeting of October 21, 2008 Common Council public hearing: January 13, 2009 GENERAL INFORMATION Applicant /Owner: R. J. Albright, Inc. Action(s) Requested: The applicant is requesting an amendment to the Recommended Land Use Map in the Comprehensive Plan. The subject property is designated for residential use; the applicant is requesting a change to a commercial land use designation. Property Location and Background Information: The subject site is a 3.70 acre parcel located along the west frontage road of U.S. Highway 41 (Green Valley Road) approximately 3,000 feet south of Brooks Road in the Town of Oshkosh. The owner has a perspective buyer wishing to develop the parcel with a commercial/industrial use, but was denied zoning approval from the County due to the City's recommended residential land use designation. Subiect Site Vacant Land At1v +T.a ntl TTca anti 7anina B -3 General Business 5 i Y�,'C `C'r'�^U" i *+�, t Sa' V. „.y4 +P MM , as,'r'^ r. -.,.�. B -3 General Business Northeast Commercial (County) A -2 General Farming Southeast U.S.H. 41 County R -1 Rural Residential Northwest I Residential Count A -2 General Farming Southwest Agricultural (County) ANALYSIS In March of 2005, the City adopted the 2005 -2025 Comprehensive Plan, an update to the previous plan from 1993. Part of the update entailed refining the 20 -Year Recommended Land Use Map and the creation of a 10 -Year Land Use Map. The Land Use section of the plan states that, the maps are used to give the community a better idea of how land in the city will be used in the future. The future land use maps were created using a variety of resources. These resources include'the existing land use map and special area plans, aerial photography, land use maps of adjoining communities, soils and environmentally sensitive areas map (which help to understand development limitations), utility and facility service area maps, and existing and future transportation corridors. The maps show the general location and type of land uses within the city and on the city's periphery. The maps are to be used as a basis for making general land use decisions relative to the City's land use control regulations. Land use designations will be evaluated in terms of their consistency with these maps and other applicable elements of this Plan and all other applicable Ordinances. Again, these maps are intended to be used as a general reference tool for determining appropriate future land use and growth patterns. When creating these maps, recommended uses were determined on a broader scale rather than a. parcel by parcel basis. The County correctly determined that the plans the applicant submitted conflicted with the City's future recommended land use designation and denied zoning approval. Staff realizes that sections of the Comprehensive Plan, including mapping portions, need to be updated or revised periodically to accommodate logical requests, changes in future land use or in this case the map may have been too generalized. In looking at the current Land Use Map, it is easily seen why a residential designation was placed on the subject site with it being adjacent to the Tumblebrook Subdivision to the North. Tumblebrook Subdivision consists of larger residential lots, with some fronting on Green Valley Road to the northeast of the subject site. Upon review of the request, staff supports changing the projected land use from residential to commercial. The City historically has promoted commercial development along frontage roads similar to Koeller and Washburn Streets. When looking at what uses the City has designated along Green Valley Road, the whole section between Brooks Road and County Road Y has been designated for commercial uses, with exception of the Tumblebrook residential area. Additionally, the subject site is appropriately zoned for the owner's intended use of the site. Therefore, staff feels this map change request is warranted. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of the map amendment to the 10 year and 20 year Comprehensive Land Use Plan maps from residential land use designation to commercial land use designation as requested. The Plan Commission approved of the request. The following is the Plan Commission's discussion on this item. Mr. Nau presented the request and stated that the petitioner was requesting this amendment as he has a perspective buyer wishing to develop the parcel with a commercial/industrial use, but was denied zoning approval from the County due to the City's recommended residential land use designation. Item - Comp Land Use Map Amdmt /Green Valley Rd Upon review of the request, staff supports changing the projected land use from residential to commercial as the City has historically promoted commercial development along frontage roads, similar to this one. Discussion ensued on the type of development proposed for the site which was determined to be offices and warehouse facilities. Robert Albright, 88 Steamboat Court, Winneconne, stated that he had been trying to sell this parcel for the past five years and the zone change would expedite the matter. Motion by Borsuk to approve the comprehensive land use plan map amendment for property located southwest and adjacent to 5001 Green Valley Road as requested. Seconded by Scheuermann. Motion carried 7 -0. Item — Comp Land Use Map Amdmt / Green Valley Rd Z ( 0 G ON THE WATER City of Oshkosh General Application "PLEASE TYPE OR PRINT USING BLACK INK" APPLICANT INFORMATION Petitioner: R.J. ALBRIGHT INC. SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236 -5059 Petitioner's Address: 5711 GREEN VALLEY RD. Telephone #: (920) 231 -8635 Fax: (920 ) 231 -3759 Status of Petitioner (Please Check): E30wner []Repr Petitioner's Signature (required): Date: 09 /24/08 City: OSHKOSH State: WI Zip: 54904 Other Contact # or Email: ..-s.tey&@rja1`bright ■ Prospective (rv� .jam .. a _ OWNER INFORMATION v Owner(s): .: R.J. ALBRIGHT INC. Date: 09/24/08 Owner(s) Address: 5711 GREEN VALLEY RD. Telephone #: ( 920) 231 -8635 City: OSHKOSH State: WI Zip: 54904 Fax: (920) 231 -3759 Other Contact # or Email: st eve @rJaibright: eo m Ownership Status (Please Check): []Individual []Trust QPartnership 03Corporation Property 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 ten five and may be postponed by the Planning Services Division for in lete,submissions or other administrative reasons. Property Owner's Signature: Date: TYPE OF RE VEST: Access Control Variance Easement Privilege in Street (identify) Other(identify) COMPREHENSIVE LAND USE PLAN MAP AMENDMENT SITE INFORMATION Address/Location of Proposed Project: PARCEL NO: 018 - 02850101 Proposed Project Type: OFFICE, WAREHOUSE AND MINI WAREHOUSE Current Use of Property: VACANT Zoning: B -3 Land Uses Surrounding Your Site: North: E . D . CHASE ROOFING South: FARM FIELD East: FRONTAGE ROAD /HWY 41 West: RESIDENCIAL ➢ 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 For more information please visit the City's website at www.ci.oshkosh.wi.us/Community n Sta Date Ree'd e NO. 3957 CERTIFIED SURVEY MAP NO 3 SHEET OF '—Y-- A RE— DIVISION OF LOT 1 IN CERTIFIED SURVEY MAP NO. 4355, PART OF THE S.E. 114 OF THE N.W. 114 AND PART OF THE S.W. 114 OF THE NZ 114 OF SEC770N 26, T19N, R16E, TOWN OF OSHKOSH, WINNEBAGO COUNTY WISCONSIN. SURVEY FOR ROBERT ALBRIGHT BEARINGS ARE REFERENCED T0 SOUTH LINE OF THE N.W. 114 OF SECTION 26 —T19N —RI6E, WH►CH HAS AN ASSUMED BEARING OF NORTH 8978'38" EAST. OENOTES 314 INCH DIAMETER ROD FOUND. p DENOTES 314 INCH DIAMETER IRON ROD 24 INCHES LONG, WEIGHING 1.50 LBS. PER LINEAL FOOT, SET. eO, DENOTES EXISTING UTILITY POLE. C REINHARD H.W. ROEHLIG 5-1388 OSHKOSH, � n WI ..v. NO IRMIOMUENTS OR STRUCIUiIES ARE ALLOWED KYYM THE RIGHT OF RAY LINE OT LUM To PM N6 AREAS. ONACWIA NUS. SEPTIC S XM BUT* ME _+ � �� DRAINAGE FACILITIES BUILDINGS AND RETAINING WALLS. IT IS 9 PRESS.Y INTENDED THAT THIS RESTRICOON IS FOR THE SENEFIT OF THE PUBLIC AS PRDNOED IN SECTION \ ►lfln DEPARTMENT Or OF TRANSPORTTATTIONNOOR SHALL L AS S SIGNNS CONTACT TTHHE THE . DEPARTMENT 'Or TRANSPORTATION FOR MORE INFORMATION. THE PHONE NUMBER MAY NED BE OSTA BY CONTACONG THE COUNTY HIGHWAY DEPARTMENT. D.O.T. APPROVAL ,x/70 -041- 0959 -03 Ij NOTE. A 60 FT. SURFACE WATER DRAINAGE DISTRICT FOR THE TUMBLEWEED CREEK mo o; ry{ 43' EXISTS PER CSM NO. 4355. �; t yw�y k LOT 1 f s 2.9930 ACRES TO RIGHT OF � WAY UNE ,f• O `� 'S 4: .fv 1••' . • I c , ti� �` o q• ��• / COMUNE of s "'�A� , mot i� ' C� Q�` �� 9 9 ' s RXIBLEYAEEO CREEK C pl •p QCi' � � }�/ o j [ C k� LOT 2 TeozesOT I � E ,A CORNER I d 3.7061 ACRES T I TO RIGHT OF I ( WAY LINE. i 1 60' SURFACE WATER DRAINAGE DI5T16CL . ' • k G�. �,�,¢S� o 3 ^ " +�byl S�Ati5h SwrH wit or THE Sao CO 00 wx 1/4 PF SECTION 21 14p ES TITER OF SEC710N `q 1324.60 �/ 1iL60' / SECTION 26 -71914-RI6E N697638'E " N697d'J6•E YY 58978'3$ W W. 1/4 CORNER FoWiO 1.s• 119.59 543 '307W SEC71ON 26 -419N -RIDE mom Pre (S897Y42*0 11.62' (BERNtSEN LIONL6IEHT) a 1wL (119.497 (S45V"4'0 SEPTEMBER 17, 2002 GRAPHIC SCALE 100 0. 50 100 200 400 IN FEET 1 inch = 200 ff. N0. 3957 RO. LAND SURVEYING CONSULTING A Division of RA Smith and Associates 2850 Universal Street • Oshkosh In • 54904 920 233 -2884 4 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 COMPREHENSIVE PLAN LAND USE MAP AMENDMENT 5711 GREEN VALLEY RD Scale: 1" = 200' N O.IHK lH ox the w�hx City of Oshkosh Department of Community Development 10/13/08 1111111111111117� 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. I Created by - dff COMPREHENSIVE PLAN LAND USE MAP AMENDMENT 5711 GREEN VALLEY RD Scale: 1" = 1500' N O-fHK fH ow ne wires City of Oshkosh Department of Community Development 10/13/08 P