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HomeMy WebLinkAbout01. 16-44FEBRUARY 9, 2016 16-44 ORDINANCE FIRST READING (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM A-2 GENERAL AGRICULTURAL EXTRATERRITORIAL ZONING TO A-1 LIGHT AGRICULTURAL EXTRATERRITORIAL ZONING; SOUTHEAST CORNER OF 9TH STREET ROAD AND CLAIRVILLE ROAD, TOWN OF ALGOMA INITIATED BY: BRIAN PIZON 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-2 General Agricultural Extraterritorial Zoning to A-1 Light Agricultural Extraterritorial Zoning. Generally located at the southeast corner of 9th Street Road Clairville Road as described below: (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 #16-xxx APPROVE ZONE CHANGE FROM A-2 GENERAL AGRICULTURAL EXTRATERRITORIAL ZONING TO A-1 LIGHT AGRICULTURAL EXTRATERRITORIAL ZONING; SOUTHEAST CORNER OF 9TH STREET ROAD AND CLAIRVILLE ROAD, TOWN OF ALGOMA on February 23, 2016. The Ordinance th changes the zoning at the southeast corner of 9 Street Road and Clairville Road from A-2 ETZ to 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 FROM A-2 ETZ TO A-1 ETZ CERTIFIED SURVEY MAP NO. SHEET OF , All of Lot 1 of Certified Survey Map No.6382 in the Northwest 1/4 of the Northwest 1/4 of Section 29,T18N, R16E, Town of Algoma,Winnebago County,Wisconsin, plus public right of way abutting said lot extending to the centerlines of 9Th Street Road and Clairville Road. BEANTSEN MONUMENT N.W.CORNER OUILOT 1 SECTION 29,118N,R18E. GSM NON,8352 9TH STREET ROAD (73') ONNETt F1RABETH L SCNNIDT � S89.41'31"E 289.97'W_ _ RIGHT-OF-WAY UNE I J T w•144, 'O 144.98' c8 r I--r— I LOT 3 of I I I II LANDS CSI/NO.8352 m ^ Y Y I B< OWNER:ELZABET/L SCHNIDT 3j I OWNER JASON L BEN7LE 0- :11 : V 3 8 I I • S89'41'3rE o 2 q i� 1n 258.1'46 17.6,E. I 5 �O 2 39262' m ^ ° — CSN NO.8362 ib 1 I �` 3/4•ROD I ZB'NEST•OWNER: RAY A.JONES,SR. ��L� OF TRU RNER VII , IM IA Q nl N C t^ ^�F F-8 m cc zI po .,, 2 W // // z n ' LLI =g '2 435782.0 Q. FT. m a / / o S83 0 61"E -. 10.00 AC12 a / 7, 8W 13, j I • LOT1 •°r i / L',. i° how Q. I PROPO R14EWAY � 3 a g,,., 3 '41'3)•E NO.8382 =:.,�(� F� o o 255.88 a 62N.x ,, W 6 W m V I I LOT NN I �'�N< \ z zoRs¢ IGSM ND.63e2�I°. g 69820' I 11 .,Oo o¢� 55�� z J C � � 3 1• 7558✓ 1X �$ \ 5841'31"E i IS°p> Li S89'41'31 E o;.4 on I w N <m1a 11 r ° \ LOT 1\ b Izz m 441762.27 SQ . \E z L -PROPOSED 10.14,ACRES •• 1... ' 15. z It DRIVEWAY ri "o I Q I OWNERS MARY F.RENSEN,ETAL L./r I Ppl I o SUSAN E.SEDLACHEK 8 '. SOUTH LINE OF THE N.W.1/4''0F THE I ', UNPLATTED LANDS ';���•••_ •'.1316.10• ',N.W.1/4 OF SECTION 29,TM:W.R16E I N. 14.8'N89'4.1'451V 1 m I OWNER, BRUCE A.BRIER OWNER: SELMA N.KOLB TRUST I}i OWNER:SELMA KO19 i W -8 UNPUT_ED_LANDS I UNPLATIED LANDS 7--- . 118.7 3/4'ROD IS 14.8'NEST AND 16.Y UNPLATTEO LANDS t, I SOUTH OF TRUE CORNER 5F1 I Ws • z II > NOTES: 01111unU1,,,, •'I 3 PER�C.S.M.0 NOE56382 WAS RESTRICTION OWN IN ERROR AND ROAD CSC DNS % s SHOULD-BE REMOVED. THE ACCESS RESTRICTION WAS •"•••••••••'•� ONLY TO BE APPUED TO OUTLOT 1 OF C.S.M. NO. 6352. .:ANDREW L.'•� NI '*; HUNTER , P,1I A WETLAND DETERMINATION WAS PERFORMED BY R.A. E • S-2835 E SMITH NATIONAL ON AUGUST 18, 2009 AND NO OMRO, JURISDICTIONAL WETLANDS WERE FOUND ON ANY LANDS INCLUDED IN THIS CERTIFIED SURVEY MAP. "::.......<1•••••• •••;342-‘.........- '''/1/0•SUR`1E� ‘‘ ''',11111111111111\ BERNTSEN MONUMENT ALL BEARINGS ARE REFERENCED TO THE WEST 8E97 1/4 CORNEA UNE OF THE NW 1/4 OF SECTION 29, T18N, R16E SECTION 29,7I8N,R18E. WHICH IS RECORDED TO BEAR NORTH 00'30'29" WEST. . DISTANCES ARE MEASURED TO THE NEAREST HUNDREDTH OF A FOOT. • DENOTES 1 INCH IRON PIPE FOUND, UNLESS OTHERWISE NOTED. O DENOTES 1 INCH DIAMETER IRON PIPE 18 INCHES SUBDIVIDER: LONG SET. WEIGHING NOT LESS THAN 1.13LB PER LINEAL FOOT. BRIAN PIZON 2590 1JILLADE LN ( ) DENOTES RECORDED DIMENSION WHERE DIFFERENT THAN OSHKOSH, WI 54904 ACTUAL MEASUREMENT. GRAPHIC SCALE DATE 12/15/15 \4� WISCONSIN 150 0 75 150 300 600 PROJECT 5258 s /r∎ LAND SURVEYING INC, SHEET 1 OF 3 ,p .»:....3 .4^'-C...T ( IN FEET ) 5020 LEONARD POINT RD. OSHKOSH, WI 54904 1 inch = 300 ft. www.vrisconsiniandsuryeying.cam. (920) 410-7744 O.IHKOlH MEMORANDUM ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: February 4, 2016 RE: Approve Zone Change from A-2 General Agricultural Extraterritorial Zoning to A-1 Light Agriculture Extraterritorial Zoning; Southeast Corner of W. 9th Street Road and Clairville Road; Town of Algoma (Extraterritorial Zoning Committee Recommends Approval) BACKGROUND The subject site is an approximately 30.14 acre parcel approximately 300 feet west of the Oshkosh city limits. The property is currently vacant/undeveloped and used for agricultural purposes. The surrounding area consists of mostly agricultural uses with sporadic single family dwellings/farmettes/farmsteads spread out along W. 9th Avenue and Clairville Road. The property is located in Zone C City Expansion Area as identified in the Cooperative Plan/Intergovernmental Agreement between the City of Oshkosh and Town of Algoma. The site is scheduled to attach to the City of Oshkosh on March 1, 2023 or may voluntarily attach anytime beforehand. ANALYSIS This zone change is being requested to enable the property owner to divide the subject parcel into three separate parcels and the current zoning classification requires a minimum lot size of 35 acres whereas the proposed zoning classification possesses a minimum lot size of 10 acres. The owner states that the existing agricultural use will not change at this time however the land division will enable the owner to eventually distribute the property amongst his family members potentially for residential development. The City's Comprehensive Land Use Plan recommends this area for residential development however these zoning districts do not allow for higher-density developments but for one single-family dwelling per lot. Any existing homes will be required to connect to city sanitary services when attached to the City in 2023. Staff has no concerns moving the district to a less intensive agricultural classification given its close proximity to the city's urbanized area and feels this zone change is also consistent with the City's Comprehensive Plan. FISCAL IMPACT The property is currently located in the Town of Algoma and the change to a less intense agricultural zoning district will have no current fiscal impact on the City of Oshkosh. The zone change could potentially allow two additional housing units to be developed on the property that is being divided into a total of 3 separate parcels from one base parcel. RECOMMENDATION The Extraterritorial Zoning Committee recommended approval of the zone change at its January 19, 2016 meeting. Respectfully Submitted, Approved, agviyr- Darryn Burich Mark Rohloff Director of Planning Services City Manager ITEM: ZONE CHANGE AT THE SOUTHEAST CORNER OF W. 9TH STREET AND CLAIRVILLE ROAD IN THE TOWN OF ALGOMA Extraterritorial Zoning Committee meeting of January 19, 2016 GENERAL INFORMATION Petitioner/Owner: Brian Pizon Action Requested: The petitioner/owner is requesting a zone change for a 30.14 acre parcel of land in the Town of Algoma located at the southeast corner of W. 9th Avenue and Clairville Road from A-2ETZ, General Agricultural District, Extraterritorial Zoning to A-1ETZ, Light Agricultural District, Extraterritorial Zoning. The zone change coincides with a proposed 3-lot land division/Certified Survey Map of the subject site to be reviewed by the City of Oshkosh Plan Commission under separate action. The purpose of the zone change is to allow the petitioner/owner to divide the existing 30.14 acre parcel into three parcels approximately 10 acres in size. Section 30-102 (A-2ETZ) requires a minimum lot size of 35 acres whereas 30-101 (A-1ETZ) has a minimum lot size of 10 acres. Applicable Ordinance Provisions: Zone changes are evaluated on their consistency with the Comprehensive Plan. Property Location and Type: The subject site is an approximately 30.14 acre parcel approximately 300 feet west of the Oshkosh city limits. The property is currently vacant/undeveloped and used for agricultural purposes. The surrounding area consists of mostly agricultural uses with sporadic single family dwellings/farmettes/farmsteads spread out along W. 9th Avenue and Clairville Road. The property is located in Zone C City, Expansion Area as identified in the Cooperative Plan/Intergovernmental Agreement between the City of Oshkosh and Town of Algoma. The site is scheduled to attach to the City of Oshkosh on March 1, 2023 or may voluntarily attach anytime beforehand. Subject Site Existing Land Use Zoning A-2ETZ, General Agricultural Undeveloped/Agricultural Extraterritorial District Adjacent Land Use and Zoning Existing Uses Zoning A-2ETZ, General Agricultural Extraterritorial and C-1ETZ Neighborhood Business Extraterritorial North Agricultural................__..._............_. Zoning Districts A-2ETZ, General Agricultural South Vacant/Single Family Residential Extraterritorial District A-2ETZ,General Agricultural Extraterritorial and R-1ETZ, Single Family Residence Extraterritorial Zoning East Vacant/Single Family Residential Districts A-2ETZ, General Agricultural Extraterritorial and C-1ETZ Neighborhood Business Extraterritorial West Agricultural Zoning Districts 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 divide the subject 30.14 acre parcel into three parcels. The current A-2ETZ zoning requires a minimum lot size of 35 acres whereas the A-1ETZ district has a minimum lot size requirement of 10 acres. The petitioner states in his application that the existing agricultural use will not change at this time. The proposed land division will enable the owner to eventually distribute the land amongst his family members. At that time the petitioner envisions that the property or properties will be used for residential development. The City of Oshkosh's 10 and 20-year Comprehensive Land Use Plan recommends this area to be suitable for residential development. Although the A-2ETZ and A-1ETZ zone districts do not allow higher-density residential developments,the proposed zone change will continue to hold the land in "reserve"until the current or future owner(s) decide to proceed with development consistent with the Comprehensive Plan. The A-IETZ does allow development of one single-family dwelling per lot. Staff does caution the petitioner that if homes are developed on the three proposed parcels that they are positioned in a way which will not hamper development to the backs of the properties. Also, this land will be attached to the City in 2023; any existing home will be required to connect to city sanitary sewer upon attachment and availability of city mains. Staff 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 proposed zone change from A-2ETZ to A-1ETZ as requested. The Extraterritorial Zoning Committee approved of the zone change as requested. 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 area. He explained that the land division that coincides with this zone change request was approved by the Plan Commission. He discussed the lot size requirements of the two zoning districts and the intergovernmental agreement between the City and the Town. He Item-Zone Change—SE Corner of W.9th Avenue and Clairville Road 2 explained that the property owner desired to have the zoning classification changed to enable him to divide the lots for distribution to family members in the future but that the current agricultural use of the land would remain unchanged at this time. The zoning classification requested is consistent with the City's Comprehensive Plan and would allow for the development of one single-family home per lot but does not allow for higher-density residential developments. He also discussed the positioning of homes on the proposed parcels that will not hamper development to the backs of the properties and that this area will be attached to the City in 2023 at which time any existing home would be required to connect to city sanitary services. Ms. Lohry inquired where the YMCA is located in comparison to this site. Mr.Nau responded that it is several miles away from this parcel. Mr. Thoms questioned what the difference is between the two zoning classifications. Mr. Nau responded that the A-2 zoning district is a more intensive agricultural use that requires lots to be a minimum of 35 acres whereas the A-1 zoning district is more designed for farmettes or hobby farms and has a minimum lot size of 10 acres. The property owner is requesting the change to allow the smaller lot sizes. Mr. Bunch added that the zone change request is consistent with the City's Comprehensive Plan which recommends this area to be suitable for residential development. Motion by Thorns to approve the zone change from A-2ETZ, General Agricultural District, Extraterritorial Zoning to A-1 ETZ, Light Agricultural District, Extraterritorial Zoning at the southeast corner of W. 9th Street and Clairville Road in the Town of Algoma. Seconded by Propp. Motion carried 6-0. Item-Zone Change—SE Corner of W.9"'Avenue and Clairville Road 3 City of Oshkosh Planning Services 215 Church Avenue PO Box 1130 REZONING ��� Oshkosh,WI 54903-1130 APPLICATION 920-236-5059 114-E*41SA Property and Project Information - Property Address: Clairville Road, Oshkosh, WI 54904 Parcel Number: 002034505 Existing Zone DistrictA-2ETZ Lot Size Frontage: ft. Depth: ft. Area: 30 75 Acres/Sq Ft nRectangle ✓ Irregular Comprehensive Plan Future Land Use Map Designation Current use of property AG Proposed use of property Proposed Zone District A-1 ETZ Legal Description (to be provided in digital form, MS Word format) Will a Conditional Use Permit be required? nYes riNo Don't Know Applicant Information 1. Applicant Identify the person or organization requesting the zone change: Name 3k.//>I,h) p)Z01 Cell Phone q1 a-d '42° 72 3 Organization P /kA E' Pt P 5 cN Business Phone /✓A Mailing Address 2590 )//ccAG-E Fax p City Q ,YAO,SN State LO/ Zips 9c1 l E-Mail -j&1 /LOd COM 2. Applicant Interest The applicant must have a legal interest in the subject property: V Property Owner nPurchaser by Option or Purchase Agreement Purchaser by Land Contract ELessee/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 3A 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. ❑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 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: aThat the applicant has a legal interest in the property described in this application. ijili 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. 48 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. 41 That the applicant will comply with any and all conditions imposed in granting an approval of this application. /I] If also the owner,the applicant 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. !'/7-e-- ' 4 E i 8-is Applicant Signature U 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 4 City of Oshkosh Planning Services 215 Church Avenue PO Box 1130 REZONING Oshkosh,WI 54903-1130 920-236-5059 OR'THE%WM REVIEW STANDARDS 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. DoE-5- N()T CHANGE VIE- USE of' rile; L,+irJO, ir C/ZZ r is A SmAt c. r: AL PA2c. L tnlFlleft (A/14-c- j3r t/' Q 7 7X.A cJSf1-e AP-NA/G- my ' r'zs vac}tJ m PEArN. rNc iNtCNrED c)sC dF 7,/r Mr✓) kcinAiA/5 Ac-R(c /LZ vrc4L B. Explain how the proposed zone district will further the themes and objectives of the City's Comprehensive Plan, as well as any relevant adopted area redevelopment plans. T H/s Lt4 L A'u c itJ f IT(P t D ,/t LciP E 1 ?o ()CC v2 /Al hi45-Ez /N rlj (✓V�ri A J'f SvcN ■ idt'rrtEn11" HAPP6-rJS- 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. This 6/ILL ALLC!vJ rot t Accts Ta r E 3 PAoPQs ED (D2f VEwx v5 PRji,ci5 O) U e-2 NO cc E-5-5 NFL ex/sir /11- ALL. Accc Ss 15 CC/z,2L-NtL,-1 0N11 Ai4)cir$L of Ar✓1) CYN /q j/ V �Jm�► O MriS. 4— 1rDD f OptIVEMP1 PR. Plc'esa't LOT 4r M.y ol../tJ &(PrrIS€ B. Explain how the proposed zone district will not be detrimental to the financial stability and economic welfare of the city. Bl&P J -rd AT THE= 5-/nRu.v'Z (IQ)A a C MTV 4 c_c_'SS (,jl c� HAvL )Tarr A55- 5 O ✓A'-c 7')M 1/ 1 30 /SciC ZL, wIT c ' A ccF-3-5 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. lr UJl .� ktalA>ti tic/CiC.LL1-<.0Z.AL G'S c —/VC CHAnlG-C . Al/? Sc'SPIl//LION ALCciJ Fa. PAIU of' THE cc/122i:1\1T Lcir Td 6t 5-0 LP fb,e PUSS/61.. /'-t,/Ei.rlprr.e?vT Page 4 of 7 9/14/2011 5 REZONE BAIER BRUCE A PIZON BRIAN CLAIRVILLE RD & 9TH ST RD 3196 CLAIRVILLE RD 2590 VILLAGE LN EZC: 01-19-16 OSHKOSH WI 54904 0000 OSHOSH WI 54904 KOLB TRUST SELMA M BENTLE JASON L PICKART PAUL A 3110 CLAIRVILLE RD 3521 9TH ST RD 3420 9TH ST RD OSHKOSH WI 54904 0000 OSHKOSH WI 54904 0000 OSHKOSH WI 54904 0000 RUSCH THOMAS/GABERT RICHARD DEBORAH STARK TOWN CLERK SCHWAKE DEANNA J PO BOX 3808 TOWN OF ALGOMA 404 S MEADOW ST OSHKOSH WI 54903 3808 15 N OAKWOOD RD OSHKOSH WI 54902 5648 OSHKOSH WI 54904 MILLER MICHAEL/SANDRA PICKART ROBERT/SUZANNE REMSEN MARY F 3267 CLAIRVILLE RD 3490 9TH ST RD 3317 MEADOWBROOK RD OSHKOSH WI 54904 0000 OSHKOSH WI 54904 0000 OSHKOSH WI 54904 0000 SCHMIDT ELIZABETH L 3385 9TH ST RD OSHKOSH WI 54904 0000 F i l I E I ' $$ i i t � I ( f Ul a 9T:W-&T-REi -EITHAV#� I � o o ----- 3 is i 4 I W I z I E a � i C=0 A Eff c c t i i I; I (I tt �i I; Id AXLE I` I I I I; 1 IEl=0.06 fTl! 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