HomeMy WebLinkAbout09-33JANUARY 13, 2009 JANUARY 27, 2009 09 -01 09 -33 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )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 -33 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.
OfHK 1H
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,
City 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.
Subject Site
Adjacent Land Use and Zoning
B -3 General Business
Vacant Land
Coun
Adjacent Land Use and Zoning
B -3 General Business
Northeast
Commercial
(Coun
A -2 General Farming
Southeast
U.S.H. 41
Coun
R -1 Rural Residential
Northwest
Residential
(Coun
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 2
( 0
OA -KOIH
ON THE WATER
APPLICANT INFORMATION
Petitioner: R.J. ALBRIGHT INC.
City of Oshkosh
General Application
* *PLEASE TYPE OR PRINT USING BLACK INK **
City:
Petitioner's Address: 5711 GREEN VALLEY RD.
Telephone #:,(920) 231 -8635
Fax: (920) 231 -3759
Status of Petitioner (Please Cheel
Petitioner's Signature (required):
OWNER INFORMATION
Date 11 2 W
Owner(s): . R.J. ALBRIGHT INC. Date: 09/24/08
Owner(s) Address:
5711 GREEN VAL RD.
Telephone #: ( 920) 231 -8635
Fax: (920) 231 -3759
Other Contact # or Email: s t eve @r J a lb r ight .: co
Ownership Status (Please Check): []Individual []Trust []Partnership 13Corporation
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 may be postponed by the Planning Services Division for inc let e_submissions or other administrative reasons.
Property Owner's Signature: Date: q 1124
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, TAREHOUSE 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_pevelopment/Planning.htn
n
Staf Date Ree'd
OSHKOSH
SUBMIT TO:
Dept: of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, WI 54901
PHONE: (920) 236 -5059
Date: 09/24/08
State: WI Zip 54904
Other Contact # or Email: . s.teve @ri albright com
City: OSHKOSH State: WI Zip: 54904
3
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R16E, TOWN OF OSHKOSH, WINNEBAGO COUNTY WSCONSIN.
SURVEY FOR ROBERT ALBRIGHT
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DISCLAIMER COMPREHENSIVE PLAN
This map is neither a legally recorded map nor
a Surve and It Is n ot intended to be used as one. LAND USE MAP AMENDMENT N
This drawing Is a compilation of records, data Of HKOf H
and Information located 5711 GREEN VALLEY R D ° ""E "'M
and state offices and o in various city county other sources affecting
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 _ Community Development
If discrepancies are found, please contact the Scale: n — Z �O r
City of Oshkosh.
Created by - dff
10/13/08
5
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.
It discrepancies are found, please contact the
City of Oshkosh.
Cre by - dff
COMPREHENSIVE PLAN
LAND USE MAP AMENDMENT
5711 GREEN VALLEY RD
Scale: 1 " = 1500'
N OfHK fH
ox ne wnten
City of Oshkosh
Department of
Community Development
10113/08
L
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, Wisconsin
54903 -1130 City of Oshkosh
0
O rHKO rH
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: January 22, 2009
RE: Ordinance to Extend Deadlines for Filing Appeals and Creating a
Provision for Presentation of Evidence at Board of Review
Proceedings
BACKGROUND
On the last .Council agenda, an ordinance was presented for first reading which
adopted certain optional procedures for the City of Oshkosh Board of Review
beginning with the 2009 property tax assessments. As my earlier memo
explained, the proposed ordinance required property owners dissatisfied with
their assessment to appear before the Board of Review and provide all available
evidence related to their contest of their assessment. Any litigation after the
Board of Review's decision would be limited to a review of the record that had
been made before the Board.
Currently, persons contesting the Board's decision have the option to either
pursue a review of the Board's decision based only on the record created, or
pursue new trial in Circuit Court in which they may submit evidence previously
not provided to the Board. The proposed ordinance would also make certain
other procedural changes related to hearings before the Board.
The proposed ordinance was
effect in 2008. Staff was a�
court challenges by oppone
aware that there was such a
which was based upon the
proposed ordinance.
based upon legislation which was passed and took
are that new legislation is on occasion subject to
its to determine its validity. We were therefore
- hallenge to the validity of a Milwaukee ordinance,
same enabling legislation and is similar to our
co
Board of Review Memo: 1/22/09: P. 2
This week, Milwaukee County Circuit Court Judge Jean DiMotto reportedly ruled
that the changes to the state law in section 70.47 which form the basis for the
proposed ordinance were unconstitutional. Judge DiMotto issued only an oral
decision in this case. Staff will be obtaining a copy of the Court transcript of that
decision to review. It is not known at this time whether the City of Milwaukee will
appeal the circuit court's decision or whether they may seek relief from the
court's decision through the legislature.
ANALYSIS
Because the Milwaukee County decision was a circuit court in another county, it
is not binding upon the City of Oshkosh or Winnebago County Circuit Court.
However, given the existence of a decision in Milwaukee County Circuit Court
which has called into question the legislation upon which the proposed ordinance
is based, staff believes that it would not be prudent to pursue the proposed
changes at this time. Staff is therefore withdrawing the proposed ordinance. We
will continue to review the details of the Milwaukee decision and the future
actions of the appeals courts or legislature. Depending upon events occurring
outside Oshkosh, staff may reintroduce the ordinance as it currently exists, or as
may be modified, at a later date.
FISCAL IMPACT
There is no fiscal impact to this decision.
RECOMMENDATION
The matter has been withdrawn from the Council agenda.
Resp ctfully Submi ted, Approved:
n Lorenso Mark A. Rohloff
City ttorney City Manager