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Home My WebLink About20. 15-318 JUNE 23, 2015 15-318 ORDINANCE FIRST READING (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGES FROM A-2ETZ GENERAL AGRICULTURAL EXTRATERRITORIAL ZONING TO R-1ETZ SINGLE FAMILY RESIDENTIAL EXTRATERRITORIAL ZONING AND TO A-1ETZ LIGHT AGRICULTURAL EXTRATERRITORIAL ZONING; 2700 BLOCK OF CLAIRVILLE ROAD, SOUTH OF TH WEST 20 AVENUE TOWN OF ALGOMA INITIATED BY: KAY SPANBAUER JOINT EXTRATERRITORIAL ZONING COMMITTEE: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-91 (B) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO EXTRATERRITORIAL ZONING DISTRICTS WITHIN THE TOWN OF ALGOMA/CITY OF OSHKOSH EXPANSION AREA The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-91(B) of the Oshkosh Municipal Code pertaining to Extraterritorial Zoning Districts within the Town of Algoma/City of Oshkosh Expansion Area and the map therein described is hereby amended by changing the district character of the following described property from A-2ETZ General Agricultural Extraterritorial Zoning to R-1ETZ Single Family Residential Extraterritorial Zoning and to A-1ETZ Light Agricultural. Generally located in the 2700 block of Clairville Road. (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. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #015-xxx APPROVE ZONE CHANGES FROM A-2ETZ GENERAL AGRICULTURAL EXTRATERRITORIAL ZONING TO R-1ETZ SINGLE FAMILY RESIDENTIAL EXTRATERRITORIAL ZONING AND TO A-1ETZ LIGHT AGRICULTURAL EXTRATERRITORIAL ZONING; 2700 BLOCK OF CLAIRVILLE TH ROAD, SOUTH OF WEST 20 AVENUE TOWN OF ALGOMA on July 14, 2015. The Ordinance changed the zoning in the 2700 Block of Clairville Road from A-2 ETZ toR- 1ETZ and A-1 ETZ. 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 Zone Change 2700 Block of Clairville Road South of West 20th Avenue REZONE FROM A-2 ETZ GENERAL AG TO R-1 ETZ SINGLE FAMILY (Proposed Lots 1& 2 of attached pending Certified Survey Map) Part of Lot 1 of Certified Survey Map 4846, being part of the Southeast 1/4 of the Northeast 1/4 of Section 31, Township 18 North, Range 16 East, Town of Algoma, Winnebago County, Wisconsin, described as follows: Commencing at the East 1/4 corner of said Section 31; thence North 89 degrees 06 minutes 19 seconds West 358.00 feet, along the South line of the said Southeast 1/4 of the Northeast 1/4, to the point of beginning; thence North 89 degrees 06 minutes 19 seconds West 971.50 feet, along the said South line; thence North 00 degrees 22 minutes 43 seconds East 666.01 feet, along the West line of the said Southeast 1/4 of the Northeast 1/4; thence South 89 degrees 06 minutes 19 seconds East 1298.29 feet thence South 00 degrees 31 minutes 56 seconds West 266.00 feet, along the West right-of-way line of Clairville Road; thence North 89 degrees 06 minutes 19 seconds West 325.00 feet, along the North line of Lot 2 of Certified Survey Map 4846; thence South 00 degrees 31 minutes 56 seconds West 400.00 feet, along the West line of Lot 2 and L,ot 3 of Certified Survey Map 4846, to the point of beginning, containing 734,048 sq.ftJ16.851 acres. Plus public right-of-way abutting said lot extending to the centerline of Clairville Road. REZONE FROM A-2 ETZ GENERAL AG TO A-1 ETZ (Proposed Lot 3 of attached pending Certified Survey Map) Part of Lot 1 of Certified Survey Map 4846, being part of the Southeast 1/4 of the Northeast 1/4 of Section 31, Township 18 North, Range 16 East, Town of Algoma, Winnebago County, Wisconsin, described as follows: Commencing at the East 1/4 corner of said Section 31; thence North 89 degrees 06 minutes 19 seconds West 1329.50 feet, along the South line of the said Southeast 1/4 of the Northeast 1/4; thence North 00 degrees 22 minutes 43 seconds East 666.01 feet, along the West line of the said Southeast 1/4 of the Northeast 1/4, to the point of beginning; thence North 00 degrees 22 minutes 43 seconds East 668.68 feet, along the said West line; thence South 89 degrees 11 minutes 39 seconds East 1300.07 feet, along the North line of tbe said Southeast 1/4 of the Northeast 1/4; thence South 00 degrees 31 minutes 56 seconds West 670.68 feet, along the West right-of-way line of Clairville Road; thence North 89 degrees 06 minutes 19 seconds West 1298.29 feet, to the point of beginning containing 870,016 sq.ftJ19.972 acres. Plus public right-of-way abutting said lot extending to the centerline of Clairville Road. For: Kay Spanbauer Prepared: 6-3-15 Project: 0-1936-001 Prepazed by: Jim Smith, Martenson & Eisele Inc O CERTIFIED SURVEY MAP N�. ALL OF LOT 1 OF C'ERTLFIED �SURVEY MAP 4846, BEING PART OF THE �'OUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31, TO�VTiSHIP 18 NORTH, RANGE 16 EAST, TO�PN OF ALGOMA, � VPINNEBAGO COUNTY, i9ISCON�9IN. � suRVer FaR: KAY SPM'flAUER � -8370 7RlR RQ90 OMRO, Wl 54963 s�oi� t m�n = aoo ��i . 0 150 ]00 600 BEWINGS AFE REFERFNC£0 TO ]HE WMNE84C0 LOUMY COOROINAl£ SY52M OF 199J(1991J � IN WHICH lHE FASI LINE OF IHf NORR!EAST ]/4. OF SECIION ]I, 6 ASSUNm �O BF1R 50091'S6lV ' LOT 3 j LOT 2_CSM 2124 CSM 8093 3/0" REHMFOLIND --- 02'NORiHOF]RUE ______'_ yVr^[eFOUrvD - 5 89'/1'39° E / 0.3'SOVIHOF1TiUE ( g1 �i oi 3� ^I s� NORTHEAST CORNER ��I SECTION-31, T18N-R1fiE � � � RNLROAD SPIKE FOUND In � lil � i I - 11� �II �I 07' i I 6') fi6'I 1 A-2 ETZ to A-1 ETZ il �� LOT 3 , 8]QO165Q.PT./]9.g/2AC. ` LOT 1_CSMjB46 � S 89'O6Y9" E � ' 1299 9' t0 -1 ETZ o° Sg� ' ' N 89'06'19" W 2659.00' CENTER bF SECTION 31, umeu�m �wt�ns T18N-R16E ---------- ALUMINUM MONUMENT FOUN� � LEGEND ■ 1-1/4" 0.0. IRON PIPE SfT, 1B" LONG, WEIGHING 1.iJ0 LBS. PEP LIN. f00T Q J/4" R£PlF FOIMO p 1-1/4" 0.0. IRON PIPE FOUNO . � GOVERNMENT CORNER f0UN0 -%x- FENL£ LNE � ( ) FECOFOED AS - Martenson & Eisele, Inc. Planning G 109 West Main Street Envimnmentnl � Omro, VN 54963 Surveying w.w+.martenson-eisele.com Engineenng P 920.fi85.6240 F 920_695.63A0 ArchdecWre s2s.00' -- � LOT 2 CSM 4846 � __J—__ � LOT 9 CSM 4048 ' � � o� � a; 3 �� _ �I � I N � � Ji °a JI �n >i I �� I � a� I JI U; � � � I � � � � EA4 1/4 CORNER SECTION 31, T78N—R16E ALUMINUM MONUMEM FOUN� JAM,[S E. - � S:MI7I � �' , . 5-7203 = OSHICOS,y, ' - W� !�^ ` ` ��`1 l��\\`\ `\ v . :n'iI� - � 'J � • . � �U ,\ ' PRO✓ECT N0. 0-1936-007 FlLE�1936007CSM � SHEET l OF 3 This insWir�ent wm dmRed by OSl O OJHKOlH av mE wnhn TO: FROM: DATE: Honorable Mayor and Members of the Common Council Darryn Burich Director of Planning Services June 18, 2015 RE: Approve Zone Changes from A-2ETZ General Agricultural Extraterritorial Zoning to R-1 ETZ Single Family Residential Extraterritorial Zoning and to A- 1 ETZ Light Agricultural E�raterritorial Zoning; 2700 Block of Clairville Road, South of West 20�h Avenue Town of Algoma (Extraterritorial Zoning Committee Recommends Approval) BACKGROUND The subject site is an approximately 36.823 acre parcel adjacent to the Oshkosh city limits to the east and south. The property is currently vacanUundeveloped and covered entirely with younger evergreen trees. The surrounding area consists of mostly agricultural uses with sporadic single family dwellings spread out along Clairville Road. The lands immediately to the east and south are owned by the City of Oshkosh for eventual expansion of the Southwest Industrial Park. ANALYSIS This zone change is being requested to enable the owner to market Lots 1 and 2 for residential development with Lot 1 likely to be marketed immediately for a single residential family home and Lot 2 sized large enough to accommodate a small residential subdivision of 30 to 40 city sized lots. Lot 2 would be accessible via a 66 foot wide strip of Iand connecting to Clairville Road that would likely serve as future right-of-way. Lot 3 is proposed to be changed from "General" to "LighY' agriculture zoning with the intent of entering it into a type of managed forest arrangement that could in the future change to residential zoning. proposed zone changes are consistent with the Comprehensive Plan land use recommendations and the less intense agriculturai zoning ciassification requested beneficial due to its close proximity to the city's urbanized area. FISCAL IMPACT None anticipated. RECOMMENDATION The is The Extraterritorial Zoning Committee approved of the request at its June 2, 2015 meeting. Approved, �ac.�.. � City'b4enager /L e''�f,-��/ ITEM: ZONE CHANGE IN THE 2700 BLOCK OF CLAIRVILLE ROAD IN THE TOWN OF ALGOMA Extratemtorial Zoning Committee meeting of June 2, 2015 GENERAL INFORMATION Petitioner/Owner: Action Requested: Kay Spanbauer Zone change for a 36.823 acre pazcel of land in the Town of Algoma generally from agricultural to residential zoning for portions of the pazcel assemblage. The zone changes are proposed to follow newly created CSVI lots reviewed by the City of Oshkosh Plan Commission under separate action. The proposed zoning is as follows: Lot 1 from A-2ETZ to R-lETZ Lot 2 from A-2ETZ to R-lETZ Lot 3 from A-2 ETZ to A-lETZ The purpose of the zone change is to allow for residential development of Lots 1 and 2, while Lot 3 will remain in agriculhual zoning but move from a"generaP' agricultural district to that of a"lighP' agricultural district. Applicable Ordinance Provisions: Zone changes are evaluated on their consistency with the Comprehensive Pian. Property Location and Type: The subject site is an approximately 36.823 acre parcel adjacent to the Oshkosh ciry limits to the east and south. The property is currently vacant/undeveloped, covered entirely with younger evergreen trees. The surrounding area consists of mostly agricultural uses with sporadic single family dwellings spread out along Clairville Road. The lands immediately to the east and south are owned by the City of Oshkosh for eventual expansion of the Southwest Industrial Pazk. Site Q Land Use Undeve loped/ W oodlands acent Land Use and istin2 Uses A-2ETZ, General Agricultural Extraterritorial District A-2ETZ, General Agricultural Extraterritorial District � M-3 General Industrial District & R- I ETZ Single Family Residence Residential Extraterritorial District . .. . . M-3 General Industrial Distnct & R- IETZ Single Family Residence Residential Extraterritorial District A-2 ETZ, District ;omprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS This zone change request is being done to enable the owner to market Lots 1 and 2 for residential development. Lot 1(1.492 acres) will likely be immediately mazketed for a single residential family home as it has 200 feet of existing Clairville Road frontage with enough depth and area to potentially create one additional residentiallot when this area becomes sewered. Lot 2(15.399 acres) is sized large enough to accommodate a small residential subdivision of 30 to 40 city sized lots and is accessible via a 66 foot wide strip of land connecting to Clairville Road that would likely serve as future road right-of-way. Lot 3(19.972 acres) is proposed to be changed from "General" to "LighP' agriculture zoning. This lot is generally wooded and it is the intention of the owner to enter it into a type of managed forest arrangement that could at some point in the future change to residential zoning. This zone change essentially moves it to a less intense agricultural classification and is more in keeping with being in close proximity to the urban environment. This zoning classification also would allow for development of one single family dwelling. PLANNING ISSUES- None Staff has no significant concerns with the proposed residential zone changes as they are consistent with the Comprehensive Plan land use recommendations. Staff also has no concerns moving the existing agricultural zoning district to a less intense agricultural classification given its close proximity to city's urbanized area and feels this is also consistent with the Comprehensive Plan as it will maintain an agricultural or open space land use condition until such time as the area urbanizes further. RECOMMENDATION/CONDITIONS Staff recommends approval of the zone changes as requested. The Extraterritorial Zoning Committee approved of the zone changes. The following is the Extraterritorial Zoning Committee's discussion on this item. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this azea. He explained the reason for the zone change request which is to enable the property owner to mazket Lots 1 and 2 for residential development with Lot 3 proposed to be changed from "general" to "lighP' agriculture zoning to enter it into a type of managed forest arrangement that could at some point in the future be changed to residential zoning. Mr. Nau I7em -Zane change-2700 blk C[airvi[le Rd-Twn ofAlgoma reviewed the City's 20-Year Comprehensive Plan and stated that staff has no concerns with the proposed zone changes as they aze consistent with this plan. Mr. Thoms questioned if the lots are currently used for agricultural purposes. Mr. Nau responded negatively. Mr. Thoms then questioned what the reason was for the proposed zone change from A-2ETZ to A- 1 ETZ. Mr. Nau responded that the agricultural zone change was due to the minimum lot size of the pazcel which was an issue witti its current zoning classification and the division of the lots reducing the size of the cunent parcel. Mr. Haese stated that they have been in discussion with the property owner regazding the potential zone changes and the Town has no concerns with the proposal. Motion by Thoms to approve the zone change in the 2700 block of Clairville Road in the Town ofAlgoma as follows: Lot 1 from A-2ETZ to R-IETZ Lot 2 from A-2ETZ to R-1 ETZ Lot 3 from A-2 ETZ to A-1 ETZ Seconded by Bowen. Motion carried 6-0. Irem -Zone change-2700 6[k Clairville Rd-Twn ojAlgoma . � OIHKQIH ex„�..,� City of Oshkosh Planning Services REZONING Z15 Church Avenue PO Box 1130 Oshkosh, W154903-1130 AP P LI CATI O N 920-236-5059 PropertyAddress: vACF'i1J"T ( A�X)!� P L!�-a2�Pt C�D/�pf ��n'f' yy'a ��3.�p� Parcel Number. ��--0,379 o tio? ExistingZone District %-L �TZ Lot Size Frontage: _ft. Depth: _ft. Area: _Acres/Sq Ft �Rectangle �Irregular Comprehensive Pian Future Land Use Map Designation � P 41 G� r.✓�-(-1 i Current use of property �n1 O O 0 E� " Proposed use of property �, G� Q, C!. r � e c:�i fi Proposed Zone District � — / (�� — / � 7°'� Legal Description (to be provided in digital form, MS Word format) 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 KF4Y � S'P(�YJ[3A .� �� CeIlPhone �LD-Z!(o —z/(�_ Organizatio❑ Business Phone MailingAddress_�'J%� `%Rl%% R� Fax c�cy ph�P�a State )I ZipS�3E-Mail_(</��FD�/C[9a11c� Gyl'�✓�/[,,cor>-� 2. Applicant Interest The applicant must have a legal interest in the subject property: �Property Owner ❑Purchaser by Land Contred �Purchaser by Option or Purchase Agreement �Lessee/Tenant 3. Property Owner � Check here if Applicant is also Property Ownet Identify the person or organization that owns the subject property: rvame !«lY �� PA�� AC�,L f�`. CellPhone �j'ZO-zl6- Z/6A Organization Business Phone MailingAddress �377� %plTj KO/�� Fax City �V112C7 State�)� Zi��E-mail_(<A YO Nt o l.�(� (a l�7/-}�L. e o rr� Page 2 of 7 9/14/2011 sA ' 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. _ Q 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 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 DevelopmentApplication with the zone change submittal. 7he 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. Q That Yhe 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. QThat the applicant will comply with any and all conditions imposed in granting an approval of this application. Q If also the owner, the applicant grants the City of Oshkosh staff, Plan Commission, and Common Council the right to access the subjed pro rty for the sole purpose of evaluating the application. �.��. c��,��. � � Applica � Si� taa� Date Applicant Signature Date If Yhe appiicant is not the property owner, the property owner must read and sign below: /IJ//�} The undersigned affirms and acknowiedges 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 su6mit this application and represent the undersigned in the matter of being reviewed by the City of Oshkosh. ❑ Grents the City of Oshkosh staff, Plan Commission, and Common Coun�il the right to access the subject property for the sole purpose ot evaluating the application. � Property Owner Signature Date Property Owner Signature Date Page 3 of 7 9l14/2011 0 � � �f C� 0 O.IHKOIFi REZONfNG °""�""°` REVtEW S7ANDARDS CiYy of Oshkosh Planning Services 215 Church Avenue PO Box 1130 Oshkosh, W154403-1130 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, includingthe Future Land yse Map. � , � � Comprehensive Plan, as well as any relevant a jopted area redevelopment plans. r� . � �l � , , �/� '�r� � I Standard #2 Pubfic Facilities I A. Describe how adequate public facilities already exist or will be provided at no additional public cost, and wlll safeguard the health, safety, morafs and general welfare,of the pu6lic. . _ i e . . :-r- , B. Explain fiow the proposed zone district will not be detrimental to the financial stability and economic Standard #S Other Describe how the proposed zone district is consistent with the trend of development in the neighborhood, or the property to 6e rezoned was improperly zoned or dassified when the City's Zoning Ordinance was adopted Page 4 of 7 9I14t2011 � � Kny Spnnbauer 8370 Tritt Rond Omro, WI 54963 Cell # 920-216-2168 ' `. 's a- - +. April 16th, 2015 City of Oshkosh Plnnning Services 215 Church Ave. PO Box 1130 Oshkosh, WI 54903-1130 Re: Attnchment to Rezoning Review Standards Denr Commission Members, I am proposing a division of my vncnnt land on Clnirville Rond, Lot 1 of CSM 4846, Town of Algomn (Pnrcel # 002 03790402) ns indicnted on the survey map. The Innd division would not involve nny cost to the City. It is currently vncnnt land, wooded nnd zoned at A-2 ETZ. I do not intend to further divide either pnrcel but do pinn on placing Lot 3 and possibly n portion of Lot 2, into a mnnaged forest plon for 25 yenrs. At some point, I hope to be able to sell Lots 1& 2. In 2003, I did hnve some preliminary perk testing done nnd a well/ mound sanitnry system would be needed. Becnuse of lat/ land size requirements for possible future residentinl building, I am requesting zoning changes for the new division as follows: Lots 1& 2 to be chnnged to Residentinl-1; Lot 3 to be chnnged to A-1 ETZ. Because the entire nren is designnted to be residentinl in the City's future comprehensive plans, but is not intended to be nnnexed before 2040, I feel my division of property and request for Residential-1 for Lots 1& 2 nnd A-1 ETZ zoning for Lot 3 is reasonnble nt this time, and consistent with the City's pinns nnd time frame. I have spoken with the ndjoining Innd owners about zoning changes and I received no negntive feedbnck. Respectfully Submitted, � ��2�n-�4��l�GL'�� Kay Spanbauer � REZONE � RADIG, THOMAS D KOEHLER, KIMBERLY A 2700 BLK CLAZRVILLE RD 2682 CLAIRVILLE RD 2803 CLAIRVILLE RD ETZ: 06-02-15 OSHKOSH WI 54904 0000 OSHKOSH WI 54904 0000 FOUST, JEFFREY L 2850 CLAIRVILLE RD OSHKOSH WI 54904 0000 KITCHEN, JAMES/CASSANDRA 2721 CLAIRVILLE RD OSHKOSH WI 54909 0000 CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54903 NEOBAUER, CAROL/SUHAIL ANGELA PO BOX 3551 OSHKOSH WI 54903 3551 SPANBAUER, BRIAN/SHARI 2713 CLAIRVILLE RD OSHKOSH WI 54904 0000 KLINGER STEVEN/MICHELLE 2710 CLAIRVILLE RD OSHKOSH WI 54909 SPANBAUER, KAY 8370 TRITT RD OMRO WI 54963 0000 RADLOFF, KEVIN/KIM 2162 JAMES RD OSHKOSH WI 54904 0000 DEBORAH STARK TOWI� CLERIC TOWN OF ALGOMA 15 N OAKWOOD RD OSHKOSH WI 54904 7 � 0 0 '��hF�r• �.} .. v . . . �.. --��-l�^—E.+�+.. � . � '__. �� x. � �* �� . � �� r �i ' �,+v.: ,.s�+�'. . � � t A �*'k � *'� / �.s.� ' �. �" ,4 . 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They may show the approximate relative loca6on of properry, bountlaries and omer ieature 6om a vanery ot sources. Pnnting Date: 5/512015 These ciap(s)Idatasets are provided for 'mformaJon pur�oses only and may not be suificient or appropriate ior legal, engineenng, or surveying puryoses. They are pmNded "AS-�5" wilhout Prepared by: City of Oshkosh, WI warran[ies of any kind and the City of Oshkosh assumes no liability for use or misuse. �;:�� .'§ . � O OIHKOIH orvtxEwnhn � �O