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HomeMy WebLinkAbout15. 12-110 FEBRUARY 28, 2012 MARCH 13, 2012 12-67 12-110 ORDINANCE FIRST READING SECOND READING (CARRIED___7-0_____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 MARCH 13, 2012 12-67 12-110 ORDINANCE FIRST READING SECOND READING SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #12-110 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 1/4 of the NW ' 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 % of the NW %, SE 1/4 of the NW 1/4, NW ' of the SW % and the NE 1/4 of the SW 1/4 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 % of the SW % 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 ' of the SW ' 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 % of the SW % 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 ' of the SW ' 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 ' of the SW % 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 �r� ` a t� a = w w o Z Ah, i/ w _ o o z w>.� CA . l. r _ 0 a = ce � -15Z5 l '. \ C jAf t�� % >_ J Q Q o Q 11 'N..... '►• S J O r ` (I u. Q ce Q: 2 -J O x d �+ w r- = Z O Z fi , W J u- 2 V7 a 1- O 6 II p , p P 1- ° � CO - - - - z o x p Z II °w " 1111_ ■• co NJ Il o co a 0 o• o 11 N ce i III it Owe 1 CI -�:,. w O D ta I la 11■ 4 o Q.CO Z J II �_� N � Q . OC] = _ = _ m. 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C *a 4.,.. 0 ...:_, g ,.., 0 . 4- , / N 4,-te/ � 'Q O / O CE AO E II i ,4,„ ...dial U p °V %d fl Si) OJHKOJH ON 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. ANALYSIS 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 corner of Stearns 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 COMMERCIAL 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 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. 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 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 (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. 1 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 Existing Land Use Zoning Agricultural/Undeveloped Open Space R-1, R-2PD, R-3PD & C-2PD Adjacent Land Use and Zoning Existing Uses Zoning North....._._...._Agricultural/Undeveloped 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 Zoning Designation: Previous Area Proposed Area Area Change (see map) (in acres) (in acres) (in acres) A R-1 (Single Family) 117.4 121.91 +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_Lake View Park Estates 2 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. RECOMMENDATION/CONDITIONS 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 to 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. Motion by Vajgrt 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. Motion carried 9-0. Item-Zone Change_Lake View Park Estates 3 NOVEMBER 27, 2007 07-343 RESOLUTION (CARRIED '- O LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE PRELIMINARY PLAT / 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. 4 3 : ■•\:.•,•,•,„\11 1 1 \ z,:• : 3Z 0 "tii ,l ' \\ ,. '' o, �\ \ • � yma �' �w v z >,.. - mt - 0 11 5 -WI ,tr. . . . e4.1'..ty-A-:-/ -4....„_ - Alf i.:,...:.: 1 1--4 .,'''' 5 F-' cn ' 'r I -- I 1--. n \ 1 10 1 NE IBS, -in ,....,:.:,:. ,., , ..6. t , „... In 4. t Avii ,...-,..:,...:.:.-...,. 2 7, ,„-.. ,•• '' ip 1 i ��� t ` ' ,.fir z _AT otor A .. ,•.:.','.'.'• ‘ --.-_____- -r‘--------------- 1 /... , :ft., . . N,N. 4...„,...1101,414:7/2.::-.:::;:.::::•,\' r i #411,'N • , -410. : - .:.......::::,:i.. .\‘ r I r '44P,l��1Cl d 1'� Art ' • �\\ \;:; : ' ..I ((11��� i1TF:Jl1 1 441 1 IF to• '. 1`5, \�,• . 11 ( Pisa h 1 ►� a CF'9 N y t• .1 : i I q!t� �7 i Il I j t l f r.In.. . tjj 1 P ,' ,� IL�,� �1 s� ��r'�'• Pril //a*Ozt p 72- II, it .,+ k - . -..:u. _-, -mot • .I IL -......\--D � ^ P SiIn' Ini 5 City of Oshkosh Planning Services REZONING 215 Church Avenue PO Box 1130 Oshkosh, WI 54903-1130 OfHKOIH APPLICATION 920-236-5059 ON TIE WATER Property and Project information Property Address: Streans Road Parcel Number: Various. See Attachment A Existing Zone District Various. See Zoning Map. Lot Size Frontage: ft. Depth: ft. Area: 178 Acres/Sq Ft Rectangle (Irregular Comprehensive Plan Future Land Use Map Designation 20 Year Comprehensive Land Use Plan Current use of property Undeveloped Farmlands Proposed use of property Mixture of Residential and Commercial Proposed Zone District R-1 and R-3PD %N a ,Legal Description (to be provided in digital form, MS Word formet) Se'e A-+&L'v,ivtt4t 6 Will a Conditional Use Permit be required? Yes ✓ No Don't Know Applicant Information 1. Applicant Identify the person or organization requesting the zone change: Name John Olson Cell Phone (920) 617-9134 Organization Streans Drive Development , LLC Business Phone (920) 662-1000 Mailing Address 2360 Dousman Street Fax (920) 662-7500 City Green Bay State WI zip 54303 E-mail johno @micoley.com 2. Applicant Interest The applicant must have a legal interest in the subject property: nProperty Owner Purchaser by Option or Purchase Agreement FPurchaser by Land Contract nLessee/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 6 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. see c ci f vV " ❑2.Project Description J 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(if 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. Request and Affidavit 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. IN 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. giThat the applicant will comply with any and all conditions imposed in granting an approval of this application. fif also e owner,the applicant grants the City of Oshkosh staff,Plan Commission,and Common Council the right to aca-ss e1b'- . •1 erty for the sole purpose of evaluating the application. Ap.icant Signature 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 Date Property Owner Signature Date Page 3 of 7 9/14/2011 7 f-91117— City of Oshkosh Planning Services 215 Church Avenue PO Box 1130 OJHKO.H REZONING Oshkosh,WI 54903-1130 ON TIE WATER REVIEW STANDARDS 920-236-5059 The Plan Commission and the Common Council may consider whether the proposed zone change meets the following standards: Standard#1 Comprehensive Plan/Zoning Ordinance 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 Comprehesive Plan Land Use Map indicates a mixture of residential and commercial. The proposed zoning provides for primarily residential with some supporting commercial land uses. Refer to Attachment"D". B. Explain how the proposed zone district will further the themes and objectives of the City's Comprehensive Plan, as well es any relevant adopted area redevelopment plans. • The proposed zoning districts are consistent the City's Comprehensive Plan for the area. Standard#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 Attachment"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. The proposed land uses are consistent with the trend of residential development in the Northwestern part of the City. Page 4 of 7 9/14/2011 8 _ ' �--. , i , „,,, , rr----' 117111,111' -; ,a)„ ---7-, a . ," ` : rA .A-,,- ", .i ` _S O. '"i z _ ..__. ,_,...__ c) _ s .� m7,- 4 �1pN� I 3,`�� =N� mom- ,�`� II --!`i---, :v_,- t :-... �:.x-:- .,i 'p: t .7�� - _ . ,/'1 ` -4,---£ II�g'ar� � \ # .,.e ....., �a 'r„ ., �•; `,... O 1 ' *77 F4-� �� l'" _7 1. ':'"=*--*:".-"'e �'.' 7 0 V!, II �" ��4F ■ r F Ilpi r 4Ir r ; O 'A 1� ,` i `\,-� ,may � ai� � � �, �;�„ -' k r--- . 0 :":44-,--*it- '.. . .,,,,..,;:4,...-‘ .,.. , \ , - k'''lt A. .... ,...„..„.... ...,,,,, , A,r , .‘,..4.:::.:,F, -.',t-it,.. ' f.,,'.gY' .i. ,:ii,,, ,. ,''', :447.-.-w .,--",4- r II t} Via. +eF •sir g �d` ` o O �Ilr �r $, 11. n ti°� ,- . �4 E � ' ......�,. ^1'.T w^ s ,'.- ,'.P I fie' .4 'l- '.'" •' , Z CI - .■ pl ‘ ti y N M ,i "r_ II ..,V 2 I ffil OF 1130 ''''' .... ., ig. ' 4. ;I` :*,,',.. •.'',,,,,• i {� 1' /�,71� i F-. i-' J �^$k `A :FA'4.4 tB�` � `' LL W „. ,,, 11 t P a ��®tae \ CV / -` I I ��� ��� / f . S < ors a.!` t x it . e \ ��. �. ti �\ V J ,'„„„:4,42'' c II `' l! ', °art .Y. \` 'is' t.' \\- o >_ ..,..• ,,�II II - ,,fi -i .�'„' ` ,lak x ` ' •� \4} fib .:;' Z a L� ® � ®N ®Ill ,,,,,,,...1-r„,,.„., ® `\� F", . 5 n ii W rsJ ti► 1'k® ®N! N®II '. i \'«, . %rr,, 1 N 0 0 iliell,,,,,a,Aoki 04. _., If p cz i , - ;N a 7 ®',lot i p 3� (n II - -- ii iI,'-'1-'~ ge.,-.7-g` i'41*k-....',:7..-4,1,-- ' ar , = \ ,,, .- . .,* . , (1) II 46--;,,tar. ' _,.„_......,.,. 1 _ a 1 p p, ifiG , ..... _... ,,,,.,„..:,, -rl'. I I /.:f°' , g (:).4-a '1,1.,-'''''' '''''''11-4<41' _ 2 0 ts '1 1 i V J fir;' a `° •Yw. :T ,..-F �. i\ -_ � sy,= 5 WTI S�' P ! 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 I 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. • e 10 ww�a�s, 1813Bd - 1 z a $` 371 u NOISIAIQHt1S E " '--I 1 11 a @ /�Itt �f �lIO�DI �I2I1►d Y+�A �IY'I .soim z„ .ii ,a,�.aea.., I � C E � lc2 IL Vicallm a3 zal3 AI�b'I� I�I�2 �� at.+mc i9im»mn®as �a tat Q 1 &'. 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'�t 4.',ti',r --.} '� - i-_ .-.a _.. }'1.ha+,y■�� t A q_k 4 '•,,• " :s.od' °,�, ^ bu 7f a ..r.- - ,.. „- ;x ,, 3' ''' 1. yy p� C 'x,y 4 Ki � r .Y"^ i$-- z' - - A S i t F+-3�y Fes.' �-, � Sri �a �zs`ki' ya J - }y ^ x Offt �isc�aiMER REZONING PETITION This map • neither a legally recorded map nor LAKE VIEW PAR K a survey and it is not intended to be used as one. N O.IHKO !H This drawing is a compilation of records,data J and information located in various city,county ESTATES SUB D I V I S I O N ON THE WATER and state offices and 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. If discrepancies are found,please contact the Community Development City ofoshk°sn. Scale: 1 " = 1000' 01!23/12 Created by-dff 15