HomeMy WebLinkAbout04. 12-67FEBRUARY 28, 2012 12 -67 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE REZONING PROPERTIES GENERALLY LOCATED
ON THE NORTH SIDE OF STEARNS DRIVE, SOUTH OF
COUNTY ROAD Y, FROM C -2 GENERAL COMMERCIAL WITH A
PLANNED DEVELOPMENT OVERLAY TO R -3 MULTIPLE
DWELLING WITH A PLANNED DEVELOPMENT OVERLAY;
FROM R -3 MULTIPLE DWELLING WITH A PLANNED
DEVELOPMENT OVERLAY TO R -1 SINGLE FAMILY; FROM C -2
GENERAL COMMERCIAL WITH A PLANNED DEVELOPMENT
OVERLAY TO R -1 SINGLE FAMILY
INITIATED BY: STEARNS DRIVE DEVELOPMENT LLC
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 following described area from C -2 General Commercial with a
Planned Development Overlay to R -3 Multiple Dwelling with a Planned Development
Overlay; From R -3 Multiple Dwelling with a Planned Development Overlay To R -1
Single Family; From C -2 General Commercial with a Planned Development Overlay To
R -1 Single Family.
(as described in the attached "Exhibit A ")
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
FEBRUARY 28, 2012 12 -67 ORDINANCE
CONT'D
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #12 -XXX APPROVE REZONING PROPERTIES GENERALLY
LOCATED ON THE NORTH SIDE OF STEARNS DRIVE, SOUTH OF COUNTY ROAD
Y, FROM C -2 GENERAL COMMERCIAL WITH A PLANNED DEVELOPMENT
OVERLAY TO R -3 MULTIPLE DWELLING WITH A PLANNED DEVELOPMENT
OVERLAY; FROM R -3 MUTLIPLE DWELLING WITH A PLANNED DEVELOPMENT
OVERLAY TO R -1 SINGLE FAMILY; FROM C -2 GENERAL COMMERCIAL WITH A
PLANNED DEVELOPMENT OVERLAY TO R -1 SINGLE FAMILY on March 13, 2012.
The Ordinance changed the zoning classifications on various sections of land on
Stearns Drive. 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.
EXHIBIT A -- LEGAL DESCRIPTIONS
(A) Rezone from C -2 PD to R -3 PD
Part of the SW '/4 of the NW '/4 of Section 34, Township 19 North, Range 16 East, in the City of
Oshkosh, Winnebago County, Wisconsin, more particularly described as follows: Commencing
at the Northwest Corner of Section 34, a PK nail found, thence S 00 ° 29' 08" W, along the West
line of Section 34, 1,334.13 feet; thence N 89 ° 54' 23" E, 51.13 feet, to the East right -of -way
line of C.T.H. "T" (formerly Stearns Road) being the point of beginning ( "POB "); thence
continuing N 89 ° 54' 23" E, 377.24 feet; thence S 21 ° 06' 55" W, 848.86 feet to said East r /o /w
line; thence along said East r /o /w line 212.88 feet along the arc of a curve to the left having a
402.84 foot radius and being subtended by a 210.41 foot chord bearing N 20 ° 58' 34" W;
thence continuing along said East r /o /w line, N 01 ° 21' 39" E, 551.71 feet; thence continuing
along said East r /o /w, N 12 ° 02' 41" W, 44.20 feet to the POB. The parcel of land consists of
167,255 square feet (3.84 acres) and is part of Parcel ID# 91279140000.
(B) Rezone from R -3 PD to R -1
Part of the SW '/4 of the NW '/4, SE '/4 of the NW '/4, NW '/4 of the SW '/4 and the NE '/4 of the SW
'/4 of Section 34, Township 19 North, Range 16 East, in the City of Oshkosh, Winnebago
County, Wisconsin, more particularly described as follows: Commencing at the West Quarter
Corner of Section 34, a PK nail found, thence N 89 ° 55' 33" E, along the North Line of the NW
'/4 of the SW '/4 of Section 34, 477.71 feet: thence N 00 ° 06' 33" W, 90.80 feet to the Point of
Beginning ( "POB "); thence N 89 ° 53' 27" E, 25.38 feet; thence 205.63 feet along the arc of a
curve to the left having a 660.00 radius and being subtended by a 204.80 foot chord bearing N
80 ° 57' 55" E; thence N 72 ° 02'23" E, 95.09 feet; thence S 17 ° 57' 37" E, 130.13 feet;
thence N 75 ° 38' 45" E, 80.53 feet; thence N 85 ° 25' 08" E, 79.75 feet; thence N 89 ° 53' 27"
E, 360.00 feet; thence S 86 ° 09' 26" E, 79.94 feet; thence S 75 ° 54' 00" E, 78.73 feet; thence
S 65 ° 38' 02" E, 78.73 feet; thence S 55 ° 30' 42" E, 81.21 feet; thence S 52 ° 27' 11" E,
185.69 feet; thence N 34 ° 24' 39" E, 132.89 feet; thence 60.00 feet along the arc of a curve to
the left having a 1,789.53 radius and being subtended by a 60.00 foot chord bearing S 56 ° 32'
59" E; thence S 32 ° 29' 23" W, 140.57 feet; thence S 42 ° 26' 12" W, 84.04 feet; thence S 36
° 58' 59" W, 90.00 feet; thence S 34 ° 32' 16" W, 99.95 feet; thence S 28 ° 29' 58" W, 101.18
feet; thence S 22 ° 43' 04" W, 101.22 feet; thence S 17 ° 21' 09" W, 90.22 feet; thence S 70 °
46' 11" E, 130.07 feet; thence S 17 ° 21' 09" W, 45.84 feet; thence 420.09 feet along the arc of
a curve to the right having a 413.00 foot radius and being subtended by a 402.22 foot chord
bearing S 46 ° 29' 32.5" E; thence S 75 ° 37' 58" W, 20.92 feet; thence N 54 37' 04" W;
196.14 feet; thence N 68 ° 51' 19" E, 86.04 feet; thence N 78 ° 13' 30" E, 67.00 feet; thence N
66 ° 43' 50" E, 77.23 feet; thence N 48 ° 46' 39" E, 80.47 feet; thence N 30 ° 51' 23" E, 65.52
feet; thence N 18 ° 09' 35" E, 80.47 feet; thence N 17 ° 43' 39" E, 90.26 feet; thence N 22 ° 23'
39" E, 104.38 feet; thence N 28 ° 29' 58" E, 104.38 feet; thence N 34 ° 31' 49" E, 102.79 feet,
thence N 36 ° 58' 59" E, 90.00 feet; thence N 35 ° 43' 50" E, 61.52 feet; thence N 53 38' 49"
W, 211.59 feet; thence N 55 ° 27' 32" W, 77.00 feet; thence N 65 ° 38' 02" W, 73.36 feet;
thence N 75 ° 53' 59" W, 73.36 feet; thence N 86 ° 11' 40" W, 75.19 feet; thence S 89 53' 27"
W, 360.00 feet; thence S 85 ° 25' 53" W, 74.87 feet; thence S 76 16' 07" W, 65.96 feet;
thence S 72 ° 45' 07" W, 130.32 feet; thence S 78 15' 27" W, 129.05 feet; thence S 86 34'
11" W, 126.20 feet; thence N 00 06' 33" W, 160.00 feet to the POB. The parcel of land
consists of 179,249 square feet (4.11 acres) and is part of Parcel ID #s 91279140000,
91279150000, 91279180000, 91279120000 and 91278210000
(C) Rezone from C -2 PD to R -3 PD
Part of the NW '/4 of the SW '/4 of Section 34, Township 19 North, Range 16 East, in the City of
Oshkosh, Winnebago County, Wisconsin, more particularly described as follows: Commencing
at the West Quarter Corner of Section 34, a PK nail found, thence N 89 ° 55' 33" E, along the
North Line of the NW '/4 of the SW '/4 of Section 34, 477.71 feet: thence S 00 ° 06' 33" E, 190.10
feet to the Point of Beginning ( "POB "); thence S 50 ° 19' 03" E, 208.69 feet; thence S 44 ° 42'
26" E, 311.90 feet; thence S 38 ° 09' 41" E, 295.46 feet; thence S 33 ° 42' 26" E, 117.89 feet;
thence S 54 ° 37' 04" E, 115.64 feet; thence S 16 ° 47' 52" E, 150.67; thence 39.45 feet along
the arc of a curve to the left having a 930.00 radius and being subtended by a 39.44 foot chord
bearing S 74 ° 35' 02" W; thence S 63 ° 19' 13" W, 230.62 feet to the East right -of -way ( "r /o /w ")
line of Stearns Road; thence along said East r /o /w 800.03 feet along the arc of a curve to the
right having a 2,341.83 foot radius and being subtended by a 796.15 foot chord bearing S 25 °
34' 46" W; thence N 38 ° 14' 22" E, 3.51 -feet; thence N 51 ° 19' 32" W, 160.93 feet; thence
188.98 feet along said East r /o /w and being the arc of a curve to the right having a 457.30 foot
radius and being subtended by a 187.64 foot chord bearing N 39 ° 55' 15" W; thence N 60 ° 01'
39" E, 431.24 feet to the POB. The parcel of land consists of 489,653 square feet (11.24 acres)
and is part of Parcel ID #s 91279180000 and 91279120000.
(D) Rezone from C -2 PD to R -1
Part of the NW '/4 of the SW '/4 of Section 34, Township 19 North, Range 16 East, in the City of
Oshkosh, Winnebago County, Wisconsin, more particularly described as follows: Commencing
at the West Quarter Corner of Section 34, a PK nail found, thence N 89 ° 55' 33" E, along the
North Line of the NW '/4 of the SW '/4 of Section 34, 477.71 feet: thence S 00 ° 06' 33" E, 190.10
feet; thence S 50 ° 19' 03" E, 208.69 feet; thence S 44 ° 42' 26" E, 311.90 feet; thence S 38 °
09' 41" E, 295.46 feet; thence S 33 ° 42' 26" E, 117.89 feet; thence S 54 ° 37' 04" E, 115.64
feet to the Point of Beginning ( "POB "); thence continuing S 54 ° 37' 04" E, 196.14 feet; thence
S 75 ° 37' 56" W, 80.91 feet; thence 39.45 feet along the arc of a curve to the left having a
930.00 radius and being subtended by a 39.45 foot chord bearing S 74 ° 25' 02" W; thence N
16 ° 47' 52" W, 150.67 to the POB. The parcel of land consists of 9,022 square feet (0.20
acres) and is part of Parcel ID# 91279120000.
(E) Rezone from R -3 PD to R -1
A parcel of land beginning 90.50 feet west of future Lake Claire Road to 150.50 feet west of said
future Lake Claire Road; and south of the right -of -way line of proposed Erin Lane to 160.00 feet
south of the right -of -way of said proposed Erin Lane. Said parcel contains approximately
10,001 square feet, more or less.
NOTE: Zoning lines extend to the centerline of the adjacent public rights -of -way.
Prepared by: JMM CONSULTING, LLC
Prepared date: January 11, 2012
4
ITEM I - ZONE CHANGES - C -2PD TO R -3PD & R -1, AND R -3PD TO R -1
FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF W ` E
STEARNS DRIVE AND COUNTY ROAD T `
City of Oshkosh STEARNS DRIVE DEVELOPMENT, LLC - PETITIONERIOWNER S "
Ceparnnent of Community Development
1002 04 400 600 804 9,044 1,244 ,,444
City of Oshkosh Plan Commission - February 7, 2012 ree1
O.IHKOJH
44 THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: February 23, 2012
RE: Approve Rezoning Properties Generally Located on the North side of Stearns Drive,
South of County Road Y from C -2 General Commercial with a Planned Development
Overlay to R -3 Multiple Dwelling with a Planned Development Overlay; From R-3
Multiple Dwelling with a Planned Development Overlay to R -1 Single Family; From C-
2 General Commercial with a Planned Development Overlay to R -1 Single Family
(Plan Commission recommends approval)
BACKGROUND
The subject property is located on the City's relatively undeveloped northwest side, with the majority
being annexed in 2001 for purposes of future development and additional annexation in 2008 as part of
the preliminary platting. The lands are currently in agricultural and open space usage and are bordered
on the north by undeveloped agricultural lands, on the east by residential development across a
navigable stream, on the south by a light industrial use across the navigable stream, and on the west by
Stearns Drive and CTH "T ", west of which are lands owned by the adjacent quarry operation. A
preliminary development plan was approved in November 2006 and amended in July 2007 for a
development that entailed approximately 117 acres of single- family residential area, approximately 4,5
acres of two - family area, approximately 36 acres of multiple family area, approximately 20 acres of
commercial area, approximately 0.25 acres of public right -of -way and approximately 35 acres of
public park/parkways.
ANALYSTS
Multiple zone changes are being requested for portions of the previously preliminary platted area of
land (attached Resolution 07 -343) encompassing 178 acres located at the northeast comer of Steams
Drive and County Trunk Highway "T ". The requested zone changes include:
(1) Rezoning a 3.84 acre parcel from C -2PD General Commercial District with Planned
Development Overlay to the R -3PD Multiple Dwelling District with Planned Development
Overlay;
(2) Rezoning 11.24 acres of land from C -2PD General Commercial District with Planned
Development Overlay to the R -3PD Multiple Dwelling District with Planned Development
Overlay;
(3) Rezoning 0.2 acres of land from C -2PD General Commercial District with Planned
Development Overlay to the R -1 Single Family Residence District; and
(4) Rezoning 4.31 acres of land from R -3PD Multiple Dwelling District with Planned
Development Overlay to the R -1 Single Family Residence District.
The applicant indicated that according to a market research study conducted, there is a market for
residential uses but not for commercial uses and as such, the rezoning requests reflect those market
demands. All areas not designated for single family or park use contain the Planned Development
Overlay and will require review and approval of the developments plans by the Plan Commission and
Common Council. The proposed rezoning requests are consistent with the City's Comprehensive Plan.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its February 7, 2012 meeting.
Approved,
City Manager
ITEM: ZONE CHANGES FROM C-2 PD GENERAL CO MMERCIAL DISTRICT
WITH PLANNED DEVELOPMENT OVERLAY TO R -3 PD MULTIPLE
DWELLING DISTRICT WITH PLANNED DEVELOPMENT OVERLAY
AND R -1 SINGLE FAMILY RESIDENCE DISTRICT AND R -3 PD
MULTIPLE DWELLING DISTRICT WITH PLANNED DEVELOPMENT
TO R -1 SINGLE FAMILY RESIDENCE DISTRICT FOR PROPERTY
LOCATED AT THE NORTHEAST CORNER OF STEARNS DRIVE AND
COUNTY TRUNK HIGHWAY "T" LAKE VIEW PARK ESTATES
SUBDIVISION)
Plan Commission meeting of February 7, 2012
GENERAL INFORMATION
Applicant/Property Owner: John Olson, Stearns Drive Development, LLC
Actions Requested:
Multiple zone changes are being requested for portions of a previously preliminary platted area of
land (attached Resolution 07 -343) encompassing 178 acres located at the northeast corner of
Stearns Drive and County Trunk Highway "T ". The requested zone changes include:
(1) Rezoning a 3.84 acre parcel from G-2PD General Commercial District with Planned
Development Overlay to the R -3PD Multiple Dwelling District with Planned Development
Overlay;
(2) Rezoning 11.24 acres of land from C -2PD General Commercial District with Planned
Development Overlay to the R -3PD Multiple Dwelling District with Planned Development
Overlay;
(3) Rezoning 0.2 acres of land from C -2PD General Commercial District with Planned
Development Overlay to the R -1 Single Family Residence District; and
(4) Rezoning 4.31 acres of land from R -3PD Multiple Dwelling District with Planned
Development Overlay to the R -1 Single Family Residence District.
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 Background:
The subject property is located on the City's relatively undeveloped northwest side, with the
majority being annexed in 2001 for purposes of fixture development and additional annexation in
2008 as part of the preliminary platting. The lands are currently in agricultural and open space
usage and are bordered on the north by undeveloped agricultural lands, on the east by residential
development across a navigable stream, on the south by a light industrial use (Zillges Materials)
across the navigable stream, and on the west by Stearns Drive and CTH "T ", west of which are
lands owned by the adjacent quarry operation.
A preliminary development plan was approved in November 2006 (Resolution 06 -327) and
amended in July 2007 (Resolution 07 -202) for a development that entailed approximately 117
acres of single- family residential area, approximately 4.5 acres of two- family area, approximately
36 acres of multiple family area, approximately 20 acres of commercial area, approximately 0.25
acres of public right- of-way and approximately 35 acres of public park/parkways.
Subject Site
Kvisting Land Use
t ning
A ricultural/Undeveloped Open Space 1, R -2PD, R -3PD & C -2PD
Adineent Land Use and ZoninL
Existing Uses
Zonin
North
A riculthtral/Undevelo ed Open Space
A -2 (County)
South
Light Industrial (Zillges Materials)
M -1 PD
East
Residential
R -3 PD
West
Undeveloped lands
A -2 (County)
Comprehensive Plan
Land Use Recommendation �
Land Use
10 Year Recommendation
Residential
20 Year Recommendation
Residential
ANALYSIS
The larger area which includes the specific rezoning requests in this report received rezoning as
well as Planned Development approval in late 2007, thereby establishing acceptable uses and
providing the developer a level of comfort for the subsequent preliminary platting and annexation.
The zone change request currently before the Commission will act to amend but not negate these
formerly approved resolutions.
The applicant states in the application that according to a market research study conducted by
Micoley and Company, the realtors for the developer, there is a market for community based
residential facilities, assisted living units and multiple family land uses in the area but little market
for commercial uses. As such, the rezoning requested in this application reflect those market
demands and are necessary to reflect the anticipated land uses of a Phase I Final Plat (see attached
Phasing Plan). The general breakdown of zoning designation changes for the entirety of the
preliminary plat area are as follows:
Identifier
(see ma)
Zoning Designation:
Previous Area
(in acres)
Proposed Area
(in acres)
Area Change
in acres)
A
R -1 (Single Family)
117.4
12191
+ 4.51 acres
B
R -2PD (Two- Family)
4.48
4.48
No change
C
R -3PD (Multiple Family)
36.44
47.82
+ 11.38 acres
D
C -2PD (General Commercial)
19.68
3.79
- 15.89 acres
Item -Zone Change_I.Rke View Park Estates
It is important to point out that all areas not designated for single family or park use (R -1 Single
Family Residence District) included in this request contain the Planned Development Overlay
designation and will require individual review and approval of the development plans by the Plan
Commission and Common Council. The steps followed to develop the property after the rezoning
to match proposed land uses of the phasing plan include the submission and approval of a final
subdivision plat and individual requests for Planned Development approval for all uses other than
the single- family area.
The proposed rezoning requests are consistent with the Comprehensive Plan's recommended land
use designation for the area and substantially match the property lines proposed within the
approved preliminary plat.
RECOMMENDATIONlCONDITIONS
Staff recommends approval of the zone changes as requested.
The Plan Commission approved of the zone changes as requested. The following is the Plan
Commission's discussion on this item.
Mr. Buck presented the item and reviewed the preliminary plat previously approved. He displayed
the four areas of the property requested to be rezoned and reviewed the acreage for each zoning
classification as it currently exists and as proposed. He explained that the market research study
completed determined that residential uses had a large market however commercial uses did not
which initiated the zone change request. He also reviewed the phase plan for platting and stated
that each phase would require Plan Commission and Common Council approval at the time of
development. He also noted that the plat is consistent with the City's Comprehensive Plan.
John Maas, JMM Consulting, LLC, 840 Challenger Drive, Green Bay, stated that he was
representing the owner for this request and was present fo answer any questions Commission
members may have regarding the proposal.
Ms. Lohry asked for clarification of the location of the site and if there were any commercial uses
in the area,
Mr. Maas explained the location of the property and stated that there were not any commercial
uses currently in the area.
A116tion by Vr #grt to approve the multiple zone changes for property located at the
northeast corner of Stearns Drive and County Road "T " (Lake View Park Estates
Subdivision)
Seconded by Bowen. Allotion carried 9 -0.
Item -Zone Chauge_I,akePlov Park Estates
NOVEMBER 27, 2007 07343 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE PRELIMINARY PLAT f LAKE VIEW PARK
INITIATED BY: STEARNS DRIVE DEVELOPMENT LLC
PLAN COMMISSION RECOMMENDATION: Approved w /conditions
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
preliminary plat known 'as Lake View Park is hereby approved with the following
conditions:
1) Inclusion of plat data identified in Section 30 -72 of the Oshkosh Municipal Code.
2) Identification of park property, drainage ways and other areas reserved for public
use.
3) Changes to the verbiage and labeling of easements to be approved by the Dept.
of Public Works;
4) Street intersections are redesigned to meet at 90= degree angles,
5) Easements provided to access stormwater facilities.
6) Corners to be redesigned with 25 ft. radii on the right -of -way lines.
7) The cul -de -sac bulb shown with a 65 ft, radius be reduced to 50 feet,
8) Stormwater management, grading and drainage plan be submitted to, and
approved by, the Dept. of Public Works prior to submission of the final plat.
9) Provide all easements necessary for utility, drainage and infrastructure needs.as
required by the Dept. of Public Works.
10) Annexation of property included in the plat that is currently located within the
Town of Oshkosh.
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City of Oshkosh Planning Services
REZONING 215 Church Avenue PO Sox 1130
Oshkosh, WI 54903 -1130
Q- fHKO -fH APPLICATION 920- 236 -5059
oN nu �nTA
Property Address; Streans Road
Parcel !Number: Various See Attachment A Existing Zone District Various, See Zoning M ap,
Lot Size Frontage; ft. Depth: ft. Area: /Sq Ft ❑Rectangle ZIrregular
Comprehensive Plan Future Land Use Map Designation 20 Year Comprehensive Land Use Plan
Current use of property P ands
Undevelo arm _ _....._. __._..._
Proposed use of property Mixture of Residential and Commercial
Proposed Zone District R -1 and R -3PD
Legal Description (to be provided in digital form, MS Word format) A �t+6i_0 � � � �,� •�
Will a Conditional Use Permit be required? []Yes ZNo F]Don't Know
1. Applicant
Identify the person or organization requesting the zone change:
Name Jahn Olson
Organization Streans Drive Development, LLC
Mailing Address 2360 Dousman Street
City Green Say State Wi zip 54303
2. Applicant Interest
The applicant must have a legal interest in the subject property:
Cell Phone (920) 617 -9134
Business Phone ( 662 -1000
Fax (920) 662 -7500
E -Mail johno @micoley.com
O Property Owner Purchaser by option or Purchase Agreement
Purchaser by Land Contract ❑Lessee /Tenant
3. Property Owner ❑ Check here if Applicant is also Property Owner
Identify the person or organization that owns the subject property:
Name Cell Phone
Organization Business Phone
Mailing Address Fax
City State Zip E -mail
Page 2 of 7
9/14/2011
2
Required Application Attachments
® 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. A+ et CCh
❑ 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
!f 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.
E34. 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.
❑X 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.
9flf also the owner, the applicant grants the City of Oshkosh staff, Plan Commission, and Common Council the right to
ac ss a b erty for the sole purpose of evaluating the application.
_ A 2
Ap ica Signature Date
nt
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 3 of T
9/1412019
7
O.fHKO.fH REZONING
ONTKE WATER REVIEW STANDARDS
City of Oshkosh Planning Services
275 Church Avenue PO Box 1130
Oshkosh, Wl 54903 -1130
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.
The Compreheshre Plan Land Use Map Indicates a mixture of resldentlai and commerclaL The proposed zoning provides for primarily restdentlat
with some s upp or ting commercial land uses. Refer to Attachment T ".
B. Explain how the proposed zone district will further the themes and objectives of the City's
Comprehensive Plan, as well tis any relevant adopted area redevelopment plans. '
The proposed zoning districts are consistent the City's Comprehensive Plan for t he area.
andard #2 Public Facilities
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.
There are adequate public utilities in the area to support the first phases of the development without any cost to the City. Refer to the Phasing Plan
provided in Attachmen "E ".
B. Explain how the proposed zone district will not be detrimental to the financial stability and economic
welfare of the city.
The proposed development will add significant tax revenue to the City thus improving the financial stability of the City.
Standard #5 Other
Describe how the proposed zone district is consistent with the trend of development in the neighborhood, or
the property to be rezoned was improperly zoned or classified when the City's Zoning Ordinance was adopted
or amended.
Th e proposed land uses are cons €scent with the trend of residential development in the Northwestern part of the City.
Page 4 of 7
9/1412011
L
City of Oshkosh
REZONING - SEVERAL LOCATIONS OF PROPOSED
LAKE VIEW PARK SUBDIVISON
/ S
LAO
City of Oshkosh Plan Commission - February 7, 2012 Feet /-uuZJ Hc[ Id,
�
ATTACHMENT "C"
NEED FOR ZONING CHANGE
Prepared by: JMM CONSULTING, LLC
Prepared date: January 12, 2012
The zoning changes are required to reflect the cuurent land uses for the lots that will be
created by Phase 1 of the subdivision plat that was submitted to the City by cover letter
dated December 21, 2011. According to the market research conducted by Micoley and
Company, the realtors for the developer, there is a market CBRF, Assisted Living and
Multi - Family Residential land uses in the area but little market for commercial. As such,
the land is being rezoned to reflect those market demands.
10
REZONING
LAKE VIEW PARK ESTATES
PC: 02 -07 - 12
GRUNDY ENTERPRISES
4625 PIP LN
OSHKOSH WI 54904
QUARRY LAKE LLC
1801 RD Y
OSHKOSH WI 54904
BARGENQUAST HENRY
4368 CTY RD T
OSHKOSH WI 54904
QUASI MARGARET
4326 CTY RD T
OSHKOSH WI 54904
STEARNS DRIVE DEVELOPMENT LLC
2360 DOUSMAN ST
GREEN BAY WI 54303 3300
HEPPNER ETAL DONALD C
W2870 CTY RD H
PINE RIVER Wi 54965 8278
WIS VOICE OF CHRISTIAN YOUTH
3434 W KILBOURN AV
MILWAUKEE WI 53208
CLAUSON KENNETH /LINDA
4400 CTY RD T
OSHKOSH WI 54904
I
STATE OF WISCONSIN
DEPT OF TRANSPORTATION
944 VANDERPERREN WAY
GREEN BAY WI 54324
RUSCH THOMAS
GABERT RICHARD
PO BOX 3808
OSHKOSH WI 54903
EXFERD RICHARD /MARY
4342 CTY RD T
OSHKOSH WI . 54904
GRUNDY ENTERPRISES
1556 W CTY RD Y
OSHKOSH WI 54904
ZILLGES REAL ESTATE LLC
1990 W SNELL RD
OSHKOSH WI 54904
1
JMM CONSULTING LLC
ATTN JOHN MAAS
840 CHALLENGER DR STE 140
GREEN BAY WI 54311
12
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 discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
LAKE VIEW PARK N OfHKOfH
ESTATES SUBDIVISION .1TH, ATA
city of Oshkosh
Department of
Community Development
Scale: 1 = 1000' 01/23/12
13
DISCLAIMER REZONING PETITION
14
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