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Home My WebLink About09-155APRIL 14, 2009 APRIL 28, 2009 09 -96 FIRST READING SECOND READING (CARRIED 5 -0 LOST LAID OVER 09 -155 ORDINANCE WITHDRAWN ) PURPOSE: APPROVAL OF MAP AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN LAND USE MAPS CHANGING THE LAND USE DESIGNATION OF PROPERTY ON ISLAND VIEW DRIVE, TOWN OF OSHKOSH, FROM COMMERCIAL TO RESIDENTIAL INITIATED BY: WILLIAM MONTEITH 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. William Monteith, owner, requests a map amendment to the City of Oshkosh 10 Year and 20 Year Comprehensive Plan Land Use maps from a commercial land use designation to a residential land use designation for property located on the north side of Island View Drive, Town of Oshkosh, described as being a part of Lot 3, CSM 5000 in Government Lot 1, as recorded in the Register of Deeds Office, Section 30, T19N, R17E, 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 Island View Drive from commercial to residential. 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. enacted Ordinance COMPREHENSIVE DESIGNATION OF Publication Notice. Please take notice that the City of Oshkosh #09 -155 APPROVAL OF MAP AMENDMENT TO THE CITY'S PLAN LAND USE MAPS CHANGING THE LAND USE PROPERTY ON ISLAND VIEW DRIVE, TOWN OF OSHKOSH, FROM COMMERCIAL TO RESIDENTIAL on April 28, 2009. The Ordinance changes the land use designation of property on Island View Drive from commercial to residential. 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. ,fHKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Kim ey Director of Com nity Development DATE: April 9, 2009 RE: Approval of Map Amendment to the City's Comprehensive Plan Land Use Maps Changing the Land Use Designation of Property on Island View Drive, Town of Oshkosh, from Commercial to Residential BACKGROUND /SUBJECT PROPERTY The subject site is a 9.00 acre area of a 32.52 acre parcel located along the west side of Island View Drive approximately 975 feet north of the Oshkosh city limits in the Town of Oshkosh. It is bordered on the north and south by agricultural lands, on the west by single - family homes developed along the lake and east by undeveloped land of the parent parcel comprised mainly of floodplain and wetland area. ANALYSIS In December, 2008, the Plan Commission denied a four -lot land division based on a finding that the proposed land division was not consistent with the Comprehensive Plan's land use designation for the area which showed commercial as the recommended land use. The land use designation was based on the historical use of the property which had included a commercial use along CTH A. The large size of the parcel (32.52 acres) fronting along two roads (CTH A and Island View Drive) creates a land use scenario where the frontage along CTH A can remain as commercial and the area along Island View Drive can be made residential based on the existing land use pattern, which is the proposal under consideration. FISCAL IMPACT None anticipated as this area is located within the Town of Oshkosh. RECOMMENDATION The Plan Commission approved of this request at its March 3, 2009 meeting. Approved, City Manager ITEM: COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FOR PRO LOCATED AT THE 4000 BLOCK OF ISLAND VIEW DRIV IN THE OF OSHKOSH Plan Commission meeting of March 3, 2009: Approved Common Council public hearing scheduled for April 14, 2009 GENERAL INFORMATION Applicant: Owner: Action(s) Requested: RA Smith National William Monteith The applicant is requesting an amendment to the Recommended Land Use Map in the Comprehensive Plan. The subject property is designated for commercial use; the applicant is requesting a change to a residential land use designation. Property Location and Background Information: The subject site is a 9.00 acre area of a 32.52 acre parcel located along the west side of Island View Drive approximately 975 feet north of the Oshkosh city limits in the Town of Oshkosh. The subject area is bordered on the north and south by agricultural lands, west of single - family homes developed along the lake on Island View Drive and east of undeveloped land of the parent parcel comprised mainly of floodplain and wetland area. The owner is proposing to create over time, several lots along Island View Drive for residential development. The Comprehensive plan has designated this area suitable for commercial development and introducing residential uses into this area is not consistent with the Comprehensive Plan's recommendation. Subiect Site U A -2 General Farming (C Ad acent Land Use and Zonin i` wax._; f �� " , North S -F Residential and Agricultural A -2 General Farming (County) South Undeveloped Agricultural A -2 General Farming (County) East S -F Residential and Lake R -1 Rural Residential (County) West Undeveloped Agricultural A -2 General Farming (County) Z;'o „ rehensave Plan Land, lase Recttl�endaior� , 10 Year Land U Recomm endation Lhid Use F _ � � m w != � ::, '�, Commercial 20 Year Land Use Recommendation Commercial 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. These land use 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. Staff realizes that sections of the Comprehensive Plan, including mapping portions, need to be updated or revised periodically to, conform to changes in land use patterns, or in this case, to accommodate logical requests. On December 2, 2008, the Plan Commission denied a four -lot land division partially based off staff s recommendation that the proposed division was not consistent with the Comprehensive Plan. The petitioner has since modified the proposed land division and is now requesting a change in the proposed land use designation. Looking at the current Land Use Map, a commercial designation was more than likely placed on the subject site based on the parcel's large size, access to County Highway A, and the fact that land along Island View Drive appeared to be undevelopable. The petitioner has demonstrated that there is developable area along Island View Drive, located east of where the wetlands begin. The petitioner has mapped several developable lots suitable for residential use, and plans to create two lots upon approval of this map amendment. Upon review of the request, staff supports changing the projected land use from commercial to residential. The proposed change will allow development of single - family homes which is consistent with the land use pattern in the area, particularly on the east side of Island View Drive, fronting on Lake Winnebago. Additionally, the proposed line dividing the residential and commercial land use designations will be located within the wetland area providing a natural barrier for future commercial development along County Road A. Therefore, staff feels this map change request is warranted. RECOMMENDATION /CONDITIONS Staff recommended approving the amendment to the Comprehensive Land Use Map as proposed. The following discussion occurred at the March 3rd Plan Commission meeting: Comp Plan Land Use Map Amdmt- Island View Drive Mr. Nau presented the item and reviewed the previous land division request which was denied due to the fact that it was not consistent with the Comprehensive Plan Ms. Mattox voiced her concern with the destruction of wetlands and the flooding issues that could result from this action. Mr. Nau explained that an evaluation of the area was done and the results of a ground survey were somewhat different than the wetland area mapped by the DNR. He further stated that the DNR maps have a tendency to be very generalized and outdated as they are from early 1990's. Mr. Thorns inquired if the DNR would have to approve of the construction area. Mr. Burich responded that the DNR would need to review the wetland delineation and that the County would be the permitting agency for any house development on the parcels. Mr. Buck added that the proposed lots are oversized to account for the unbuildable areas on the lots. Commission members reviewed the designated flood plain area on the map. Mr. Borsuk commented that the developers would be required to work with both the County and the DNR on the development of these sites and he felt that the concerns regarding the wetlands would be addressed. Motion by Nollenberger to approve the Comprehensive Land Use Plan map amendment for property located in the 4000 block of Island View Drive in the Town of Oshkosh as requested. Seconded by Borsuk Motion carried 6 -0. Camp Plan Land Use Map Amdmt - Island View Drive City of Oshkosh SUBMIT TO: Dept. of Community Development O f General A,ppliCaflon 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 ON THE wnreR PHONE: (920) 236 -5459 * *PLEASE TYPE OR PRINT USING BLACK INK ** APPLICANT INFORMATION x �� /"� o ^jA L Date: �,? - 7 Petitioner: 2 ci S� A SrYI> L ST. City: oSL�kos� State: W/ Zip : .�Yg ° G � Petitioner's Address: Telephone #: (Q�) a 3 - y Fax: 712 Other Contact # or Email: /y1s�e Status of Petitioner (Please Check): Downer EIRrPre native [Tenant [] Prospective Buyer Petitioner's Signature (required): Date: o?'a - ° 9 OWNER INFORMATION ,, C C,� Date: S Sd _v /� 1A State: w I Zip: Owner(s) Address: �^+ w �� City: Telephone #: (qX ) a C/ 9 o I 3S` Fax: ( ) Other Contact # or Email: : Ownership Status (Please Check): []individual []Trust []Partnership [Corporation Property Owner Consent: (required) on the By signature hereon, I/We acknowledge that City officials and/or employees li may i the ation. l also that all meeting dates are tentative property to inspect or gather other information necessary to process this app and maybe postponed by the Planning Services Divis r omplete submissions or other administrative reasons. Date � - c' Property Owner's Signature: TYPE rt rol T: Variance Stre (iden tify) � LAID _ sr �l d�� ryl� tify) (� ®/!9 R �''S�r✓�" r ,n lbow VSe. SITE INFORMATION f Lam; 3 _ oa co Address /Location of Proposed Project:. �S�M►0 tii�w /�d2fV� (�/kiaT o: G S M — Proposed Project Type: lQ�� T": L L A 6—J, EA,? Current Use of Prope Zoning: Land Uses Surrounding Your Site: North: IQFSsD South: Gtr E.AN J) East: J - 1i'1/,0 J�ry A0 l✓6 West: 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 Development/Planning.htm 1 _� Yf Staff Date Rec'd�/ R.A. Smith National Beyond Surveying and Engineering February 6, 2009 Department of Community Development Attn: David Buck P.O. Box No. 1130 Oshkosh, Wisconsin 54903 -1103 RE: William Monteith Certified Survey Map Comprehensive Land Use Plan Amendment Commercial to Residential Dear Mr. Buck: William Monteith would like to change the current Comprehensive somet sometime then from Commercial to Residential: The reason for doing this is s future William can sell the future lots and proposed Jots 1 and 2 that are fronting on Island View Drive as residential lots. We are trying to fill in the usable land with residential lots. The land to the West of the future lots and proposed lots 1 and lots are shown wetlands. The parcels to the North and Northeast of the future residential on the Comprehensive Land Use Plan. Please contact me if you have any questions. Respectf ly, Mark Reinsch Design with vision Deliver excellence Provide the most responsive service to our clients 2850 Universal Street • Oshkosh, WI 54904 -8975 • (920) 233 -2884 • Fax (920) 231 -9872 Corporate Office: Brookfield, WI www.rasmithnational.com I NO. 4619D CERTIFIED SURVEY MAP NO. SHEE - f o f 4 1 A RE- DIVISION OF PART OF LOT 3 IN CERTIFIED SURVEY MAP NO. 5000 IN GOVERNMENT LOT 1. SECTION 30, T19N, R17E, TOWN, OF OSHKOSH, WINNE@AGO COUNTY, WISCONSIN. • DENOTES 314 INCH DIAMETER IRON ROD FOUND (UNLESS OTHERWISE NOTED) Rua soxDO: WILLI MONTEITH WNNESAGO. N9SCONSIN 54985 Q DENOTES 1 INCH DIAMETER IRON PIPE 78 INCHES LONG TAX PARCEL NO. 0180 SET WEIGHING NOT LESS THAN 1.13 LBS PER LINEAL FOOT. 0 DENOTES METAL RIGHT OF WAY POST. ' i s e g zx >g �r 0o ti A �Q IV 11c Mm- 1p 2 �i�n 2� Io r p 92 � �a $Q I" — O o r ?p• Or� U L71 0 D `� >oi= \� I � nmzm rn M . �p� z amCo \ } / 6p55y9 fns i ( ), DENOTES RECORD DIMENSION WHERE DIFFERENT FROM ACTUAL MEASUREMENT. ALL DISTANCES ARE MEASURED TO THE a s yi NEAREST HUINDREDTH OF A FOOT BEARINGS ARE REFERENCED TO THE SOUTH LINE OF THE N.E. 1/4 OF SECTION 30 V WHICH IS ASSUMED TO BEAR SOUTH 8835'40" WEST. �; m y mom \w R.A. Smith National, Inc. p os> \ Beyond Surveying " and Engineering o z 2850 Universal Street, Oshkosh WI 54904 M 920 - 233 -2884 Fax 920.231 -9872 www- msmlthnational.com Q:07o046190awg0 - NO. 4619D asunaW a FEBRUARY 3. 2009 C No . . . . . . . . . . . . . . . K I N 00 0 I I W./I rpm ft, on City Boundary DISCLAIMER Comp Plan Land Use Amendment This map is neither a legally recorded map nor a survey and it is not intended to be used as one. From Commercial This drawing is a compilation of records, data To Residential 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 discrepencies are found, please contact the 0 700 Fee[ City of Oshkosh. Land Use Map Amendment N City of Oshkosh Wisconsin Community Development 3/9/09 Created by - D W M I 26 �a .� I A-