HomeMy WebLinkAbout30. 15-348
JUNE 23, 2015 JULY 14, 2015 15-318 15-348 ORDINANCE
FIRST READING SECOND READING
(CARRIED___7-0___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 #15-348 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 ofthe 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 Lot 3 of Certified Survey Map 4846,
to the point of beginning, containing 734,048 sq.ft./16.851 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 I 1 minutes 39 seconds East 1300.07 feet, along the North line of the
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.ft./19.972 acres. Plus public rig6t-of-way abutting said lot extending to the centerline of
Clairville Road.
For: Kay Spanbauer
Prepared: 6-3-15
Project: 0-1936-001
Prepared by: Jim Smith, Martenson & Eisele Inc
O
CERTIFIED SURVEY MAP N�.
ATT OF LOT 1 OF CERTIF'IED SURVEY MAP 484&,
BEINU' PART OF THE p0II'I'HEA�T 1/4 OF 1'HE
NORTHEAST 1/4 OF �ECTION 31, TO�PNSHIP 18
NORTH, RANGE 16 EAST, T05PN OF ALGOMA,
� iYINNEBAGO COUNTY, YPISCON�9IN.
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CEN7ER bF SECTION 31, Ur±vurrm iwnns
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AWMINUM MONUMEM FOUND
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SECTION 31, T78N—Ri6E
ALUMINUM bIONUMENT FOUND
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TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: June 18, 2015
RE: Approve Zone Changes from A-2ETZ General Agricultural Extraterritorial
Zoning to R-1 ETZ Singie 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 land 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. The
proposed zone changes are consistent with the Comprehensive Plan land use
recommendations and the less intense agricultural zoning classification requested is
beneficial due to its close proximity to the city's urbanized area.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Extraterritorial Zoning Committee approved of the request at its June 2, 2015 meeting.
Approved,
��c.w j� f °— c�
City'M}enager
ITEM: ZONE CHANGE IN THE 2700 BLOCK OF CLAIRVILLE ROAD IN THE
TOWN OF ALGOMA
Extraterritorial Zoning Committee meeting of June 2, 2015
GENERAL INFORMATION
Petitioner/Owner:
Action Requested:
Kay Spanbauer
Zone change for a 36.823 acre parcel 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 CSM 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 agricultural zoning but move from a"general" agricultural district to that of a"lighP'
agricultural district.
Applicable Ordinance Provisions:
Zone changes aze evaluated on their consistency with the Comprehensive Plan.
Property Location and Type:
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, 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.
ub.ject Site
Existin,� Land Use
Undeveloped/ W oodland
,djaceut Land Use and
Existing Uses
North Agricultural
_ _ ..
i
South VacanUSin�li
. ._
East VacanUSinQli
Residential
A-2ETZ, General Agricultural
Extraterritorial District
A-2ETZ, General Agricultural
Extraterritorial District
M-3 General Industrial District & R-
lETZ Single Family Residence
Extraterritorial District
---- --_ _ _
M-3 General Industrial District & R-
1 ETZ Single Family Residence
Extraterritorial District
---.
` 1 A-2ETZ General Agricultural
West � Agricultural � E�tratemtorial District
Comprehensive 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 mazket Lots 1 and 2 for residential
development. Lot 1(1.492 acres) will likely be immediately marketed 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 residential lot when this azea 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 Extratemtorial 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 azea 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 market Lots 1 and 2 for residential development with Lot 3 proposed to
be changed from "general" to "light" 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
Item -Zone change-2700 b[k Clairvr!le Rd-Twn of Algoma
reviewed the City's 20-Yeaz Comprehensive Plan and stated that staff has no concerns with the
proposed zone changes as they are consistent with this plan.
Mr. Thoms questioned if the lots aze cunently 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 with its current zoning classification and the division of the lots reducing the size
of the current pazcel.
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 jrom A-2ETZ to R-IETZ
Lot 3 from A-2 ETZ to A-1�'TZ
Seconded by Bowen. Motion carried 6-0.
Item -Zone change-2700 b/k Clalrvfl/e Rd-Twn ofAlgww
_ �
OlNKOlH
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City of Oshkosh Planning Services
REZONING Z15 Church Avenue PO Box 1130
Oshkosh, WI 54903-1130
A P P LI CATI O N 920-236-5059
PropertyAddress:�iACF'�htT LA'K)h-PLF1-i2�YitLE 20F�/��p't' �riyYa�,':{��
Parcel Number: Ci��--o 3� 9 o tioZ ExistingZone District %-L �TZ
Lot Size Frontage: _ft. Depth: _ ft. Area: _Acres/Sq Ft �Rectangle �Irregular
Comprehensive Plan Future Land Use Map Designatio❑ Q P� i d r.r�-f-i�a (
Current use of property �y�j O O � E � —
Proposed use of property
� ' / t
Proposed Zone District R - / Q� � �% - / � %'�
Legal Description (to be provided in digital form, MS Word format)
Will a Conditional Use Permit be required? �yes �No �Don't Know
1. Applicant
Identify the person or organization requestingthe zone change:
Name K14Y �", S'PF}iJ6A.�.�'� CeIlPhonegLD-�1(o—Z/.,L�
Organization
Business Phone
r � � c�.i t
MailingAddress �37D 7R�Ti Ri� fax
a�y �h�P�a State �)( ZipS�{� E-Mail IC19�FDNC6c.1� G1�'I✓���.cor>-�
2. Applicant Interest
The applicant must have a legal interest in the subject property:
�Property Owner
❑Purchaser by Land Contract
� Purchaser 6y Option or Purchase Agreement
�Lessee/Tenant
3. Property Owner �Check here if Applicant is also Property Owne�
Identify the person or organization that owns the subject property:
Name ����( �. � �A� � (�(,�, - CeIlPhone �Zo -Z.l � - zi6R
Organization Business Phone
MailingAddress �j�� %�ITT �O(�� Fax
City OI��2C7 StateV�)I Zi�"�E-mail [<AYO iV t o 1.J(7 C� 1�1f�}�L.
e o rv�
Page 2 of 7
9/14l2011
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 berng requested concurrently wrth 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, indude 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:
QThat the applicant has a legal interest in the proper[y described in this application.
Q That the answers and statements contained in this application and enclosures are in all respectr 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.
Q�That the applicant wiil comply with any and all conditions imposed in granting an approval of this application.
Q If also the owner, the applicant grantr the City of Oshkosh staff, Pian Commission, and Common Council the right to
access the subject pro rty for the sole purpose of evaluating the application.
�.��. ��� ��� � -���97- z� :s
Applica Sig ture � - Date
Applicant Signature Date
If the applicant is not the property owner, the property owner must read and sign below: /�//�}
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 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
9l14/2011
��, ,aC� srC�
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OIHKOIH
o��n�
REZONING
REVIEW STANDARDS
City of Oshkosh Planning Services
215 Church Avenue PO Box 1130
Oshkosh, WI 54903-1130
920-236-5059
The Plan Commission and the Common Council may consider whether the proposed zone chonge meets the
following stondards:
. � -
A. Explain how the proposed zone district designation is consistent with the purpose and intent of the City's
Comprehensive Plan, includin the Future Land se Map.
�
� �r�
„uva_.cr+
B. Explain ow the proposed zone istri�c�-t w�l f her t themes and obje ecr�i4 s of th�' 's ����� ,
Comprel�ensive Plan, as well as any relevant arJopted area redevelopment plans. � , � �
Standard #2 Public Facilities
A. Describe how adequate public facilities already exist orwill be provided at no additional public cost, and
will safeguard the health, safety, morels and generel welfare of the public.
B. Explain how the proposed zone district will not be detrimental to the financial stability and economic
Standard #5 Other
Describe how the proposed zone district is co�sistent 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
Page 4 of 7
9/14/2011
F�y
J
Kay Spanbnuer
8370 Tritt Road
Omro, WI 54963
Cell # 920-216-2168
_ �
April 16'h, 2015
City of Oshkosh Planning Services
215 Church Ave.
PO Box 1130
Oshkosh, WI 54903-1130
Re; Attachment to Rezoning Review Standnrds
Denr Commission Members,
I nm proposing a division of my vncnnt land on Clairville Rond, Lot 1 of CSM 4846, Town of
Algomn (Pnrcel # 002 03790402) ns indicnted on the survey mnp. The land division would
not involve any cost to the City. It is currently vacant Innd, wooded nnd zoned at A-2 ETZ.
I do not intend to further divide either pnrcel but do plan on placing Lot 3 nnd possibly a
portion of Lot 2, into a managed forest plan for 25 yenrs. At some point, I hope to be nble
to sell Lots 1& 2. In 2003, I did hnve some preliminary perk testing done nnd a well/
mound snnitnry system would be needed.
Becnuse of lot/ land size requirements for possible future residentinl building, I nm
requesting zoning changes for the new division ns follows: Lots 1& 2 to be changed to
Residentinl-1; Lot 3 to be changed to A-1 ETZ. Becnuse the entire aren is designated 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 nnd request for Residential-1 for Lots 1& 2
and 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 adjoining land owners nbout zoning changes
nnd I received no negntive feedback.
Respectfully Submitted,
� ���i,�2�,��C�.Gt,�/'�_
Kny Spanbnuer
0
REZONE RADIG, THOMAS D KOEHLER, KIMBERLY A
2700 BLK CLAIRVILLE RD 2682 CLAIRVILZE 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
NEUBAUER, 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 59909
SPANBAUER, KAY
8370 TRITT RD
OMRO WI 54963 0000
RADLOFF,_KEVIN/KIM
2162 JAMES RD
OSHKOSH WI 54904 0000
DEBORAH STARK TOWN CLERR
TOWN OF ALGOMA
15 N OAKWOOD RD
OSHKOSH WI 54904
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T7e Clty of Oshkosh creates a�d maintairs GIS maps aod data foc ls own use. They m2y show �e
appmximate ;ela:ive locatlon ot property, bountlaries and other teature irom a variery of sources. pnnting Date: SI5I2015
These map(s)Idatasets arz provided fcr informallon purpeses only and may not be suficlent or
appropriate for legal, engineenng, or surveying purposes. They are pmvidetl "AS-IS" wMout Prepared by: City of Oshkosh, WI
warranties of any kind antl me City of Oshkosh assumes no liability for use or misuse.
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