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Home My WebLink About31. 16-88FEBRUARY 9, 2016 FEBRUARY 23, 2016 16-44 16-88 ORDINANCE FIRST READING SECOND READING (CARRIED________LOST________LAID OVER____X____WITHDRAWN________) UNTIL MARCH 8, 2016 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 #16-88 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 CERTIFIEDSURVEYMAPNO. ��r_�_ All of Lot 1 of Certified Survey Map No. 6382 in the Northwest 1/4 of the Northwest 1/4 0( Section 29, T18N, R16E, Town otAlgoma, Wnnebago County, Wisconsin, plus public right of way abutting said lot eMending to the centedines of 9'^ SVeet Road and Clairville Road. s=r� � rw nic �_9TH SIFiEEf ROAD (73_) � r----T---=-- �, � - FI � - � �:,�� \2eY � i CI � owmx u� ��xa sn �I't �e Y � g K I � �8� o Y'-. LD[ 2 � � I I' sara'arE `.�naz.oY.�a � �.. to.00 ec Si � �i a . � UI II xssm•� a..\�". �� I ��" �Va96A'� Q �YYI'J1 n g S 1'.lti � I R � 3 "' lOT1 � ^gi � '� . aat� .n so. F R � rwoa� 10.1 MRES �?; R \ I�' ' " �i --- � ---- ,%„^� °i ° , � i: AI � il �' � S� I � iiP � 91�9xqN0ER. PRGI 2590 NLLAEE 111 ov�xaw, x s�so� ,--r��.� ' � a-- � � ��,�. l—L. � �� i ,.> """— � �o�s: „ ,,. PRENOVS ACCE55 RESiR�CiION TO 9iH� SWEET ROA� •`°cCO/yS°' PER CS.M. N0. 6J82 WAS SHOWN M ERROR AND �� ..., /i ; SHOULO-BE REMOYFD. TiE ACCE55 ftESIRICTON WAS ��' �••• ONLY i0 BE APPLIED TO OUILOT 1 OF C.S.M. N0. 6352. � ' AhDREW L'•. n �* � Hl1NiER •h : A WER,1N0 pEIERMINAl10N WAS PERFORMEO BY R.A. = S_Zg,}g = SM�IH NAlIONAL ON AUGUST 1B. T009 qN0 NO = �Rp 3 JURISOICilONP1 WERANDS WERE FWN� ON ANY LANDS •'. � F= NCLVOEO IN T115 CERi1FlE� SURYEY MAP. �'; Cq'., .�O? � �%��•SURVEy,• ALL BEARINGS ARE REFERENCEO N 1HE NEST LINE OF TVE NW 1/6 OF SECTON 29, T18N, R16E NHICH IS RECIXtpED TO 9EAR NOR1H OdJO'29' WESl. DISTANCES ARE MEASURE� TO 1HE NEAREST HUNDRE�Tf OF A FOOT. • OENOlES 1 INCH IRON PIPE f0UN0. UNlE55 OiHERYASE NOiED. O pENOlES I INCH OIAMEIER IRON PIPE 19 INCHES LONC SEi, WEIGHING NOT LE55 iHAN 1.1JLB PFR LINEPL FOOT. O DENOiES ftECOR0E0 OIMENSION NHERE DIFFERENT hlpN ACIl1,1L MEASUREMENT. � GRAPHIC SCALE Ders rz/�s/is W},�ISC}�O!�N�SIN 150 0 l5 150 i00 640 PROJECT ST59 �� V:Y:iYi�lliSYl�i�9 S%E6T 1 OP 9 S� � 7 ( IN FEET ) 50SO LSONdRD POINT RD. OSHd05% Ip SI904 I Inch = ]00 it � � a+viNaiW.n�rvey'v�g.com (920f 410–»lf . � OMEMORANDUM .IH H 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 6ctraterritorial Zoning to A-1 Light Agriculture 6ctraterritorial Zoning; Southeast Comer of W. 9`" 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 propeRy is currently vacanUundeveloped and used for agricultural purposes. The surrounding area consists of mostly agricultural uses with sporadic single family dwellings/farmettes/farmsteads spread out along W. 9`" Avenue and Clairville Road. The property is located in Zone C City Expansion Area as identified in the Cooperative Plan/Intergovernmental Agreement belween 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 hvo 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 6ctraterritorial Zoning Committee recommended approval of the zone change at its January 19, 2016 meeting. Res p�ctf u I� S u b m itte d, / o( � .Gv—� Darryn Burich Director of Planning Services Approved, .��- Mark Rohloff City Manager ITEM: ZONE CiIANGE AT THE SOUTHEAST CORNER OF W. 9� STREET AND CLAIRVILLE ROAD IN THE TOWN OF ALGOMA Exh'atemtorial Zoning Committee meeting of January 19, 2016 GENERAI. INFORMATION Petitioner/Owner. Brian Pizon Action Requested: The petitioner/owner is requesting a zone chaoge for a 30.14 acre pazcel of land in the Tow� of Algoma located a[ the sou[heast comei of W. 9°i Avenue and Clairville Road from A-2ETZ, Genera] Agricultural District, Extraterrimrial Zoning to A-IETZ, Light Agricultural District, Extratertitorial Zoning. The zone change coincides with a pioposed 3-lot land division/CertiHed Sarvey Map of the sabject site to be reviewed by the Ciry of Oshkosh Plan Commission u�der separate action. The pwpose of the zone change is to allow the petitioner/owner to divide the existing 30.14 acre pazce] into tluee parcels approximately 10 acres in size. Section 30-102 (A-2ETZ) requices a minimum lot size of 35 acces wheceas 30-101 (A-1 ETZ) has a minimum bt size of 10 acres. Applicable Ordinance Provisions: Zoue chaoges aze evaluated on theii consistency with the Compiehensive Plan. Property Location and Type: The subjec[ site is a� approximately 3014 acre pazcel approximately 300 feet west of the Oshkosh ciry limits. The property is cunently vacanUundeveloped and used for agricultural purposes. The surrounding azea consists of mostly agiculhval uses with sporadic single family dwellings/favnettes/fam�steads spread out along W. 9�' 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 Ciry of Oshkosh on Mazch 1, 2023 or may voluntarily attach anytime beforehand. North A-2ETZ, General Agriwltural Extraterritorial and C-1 ETZ Neighborhood Business Extracerti[orial Zonine Districts A-2ETZ General Agncul[ural Extraterntorial aud R lETZ Single Family Residence Extratemtorial Zomng Eaet VacanUSmgle Family Resident�al D�stricts ._._ _. - __ _ . _ _— ____ ....- __ . ............. A-2ETZ, General Agriwlturel � EMraterri[orial and G 1 ETZ Neighborhood Busicess Extraterritorial West A riculmral Zonin Dishicts Lattd (Ise Rerommendation I Land Use 20 Year Land Cse Recommenda[ion � Residential ANALYSIS This zone change request is being done to enable [he owner to divide the subject 3014 acre pazcel into three pazcels. The current A-2ETZ zoning requires a minimum lot size of 35 acres whereas the A-1 ETZ district has a minimum lot size requirement of 10 aaes. The petiioner states in his application that the existing agricaltural use will not change at this time. The pcoposed land divisio¢ will enable the owner to eventually dishibute [he land amongst his family members. At that time the petitioner envisions that the property or properties will be used for residen[ial development. The City of OshkosNs 10 and 20-yeaz Comprehensive Land Use Plan recommends this azea to be suitable for residential developmen[. AI[hough the A-2ETZ and A-IETZ zone districts do not allow higher-density residential developments, the proposed zone change will continue to hold the land in "reserve" until the cuaeot or future ow¢er(s) decide to proceed with development consistent with the Comprehensive Plan. The A-IETZ does allow developmen[ 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 positio❑ed in a way which will ❑ot 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 co�nect to city sanitary sewe� upon attachment and availabiliTy of city mains. Staff has no concems moving the existing agricultural zoning district to a less intense agricultural classification giveo its close proximiry to city's urbanized azea and feels this is also co�sistent with the Comprehensive Plan as it will maintain an agricultural or open space land use condition until such time as the area urbanizes further. Staff recommends approval of the proposed zone change from A-2ETZ to A-IETZ as requested. The Ex[raterri[odal Zoning Committee approved of the zone change as requested. The followi�g is the Extraterritorial Zoning Committee's discussion on this item. Mr. Nau p�esen[ed the item and ceviewed the si[e and surrounding azea as well as the land use and zoning classifica[ions in this azea. He explained that the land division that coincides with this zone change request was approved by the Plan Commissioa He discussed the lot size requiremen[s of the two zoning districts and the intergovemmental agieement between the City and the Town. He lrem -LOne ChanBe —SE Comer ofW. 9" Avertue aM Clairvi/le Road I explained [hat the property ownei desiied to have the zoning classification changed ro enable lum to divide the ]ots for dishibu[ion to family members in the future but that the current agriculmral use of the land would remain unchanged at llus time. The zoning classification req�ested is consistent with the City's Comprehensive Plan and would allow for [he developmen[ of oae single-family home per lo[ but does not allow for higher-de�sity residential developments. He also discussed the positioning of homes on [he proposed pazcels [hat will no[ hamper development to Ihe backs of Ihe properties and that this azea wil] be attached to the Ciry in 2023 at which time any existiog home would be required to connect to city sanitary services. Ms. Lohry inquired where [he YMCA is located in comparison ro this site. Mr. Nau responded that it is several miles away from [his pazcel. Mr. Thoms questioued what the difference is be[ween the two zoning classificatioos. 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 zoniug district is moce designed for fazmettes or hobby farms and has a minimum ]ot size of l0 acres. The property owner is requesting Ihe change to allow the smaller lo[ sizes. Mr. Burich added that the zone change request is consistent with [he Ciry's Comprehensive Plan which recommends this area to be suitable for cesidential development. Motion by Thoms �o approve the zone change from A-2ETZ, Ceneral Agricultura( District, Exhaterritorial Zoning to A-lETZ, Light Agricultura7 District, Extraterritorial Zoning at the sou�heust corner ojW 7h Street and Clairville Road in the Town ofAlgoma. Seconded by Prapp. Mo7ion carried 6-0. � lrem-ZoneCMnge-SECornerofW 7"AvenueandCbirvilleftoad � [fT ��7! Gty of Oshkosh Plan�ing Services REZONING Z15 Church Avenue PO Box 1130 Oshkosh, W154903-1130 APPLICATION 920-236-5059 Prope�ty Address: ClaiNille Road, 05hkosh, WI 54904 Parcel Number: 002034505 Existing Zone DistrictA-2ETZ 30 t5 Lot Size Frontage: _ft. Depth: _ft. Area: _Aaes/Sq Ft �Rectangle ✓ Irregular Comprehensive Plan Future Land Use Map Current use of property AG Proposed use of property Propased Zone District A-1 ETZ Legal Destription (to be provided in digRal form, MS Word format) WII a Conditional Use Permit be requiredT �yes ❑No �Don't Know 1. Applicant Identifythe person or organization requesting the zone change: Name QR�ArJ P,ZOa CeIlPhone 9ao y2o �7zs3 Organization PKi✓AT� PEkS6iJ BusinewPhone /✓N MailingAddress o2S90 �//«^G� /0,% Fax � City fJSi/kASN State bJ lipSY9�Y E-Mail HF+YP/Zd� �/�dT/�JAIC: Cdri1 2. Applicantlnterest The applicant must have a legal interest in the subject property: �mperty Owner �Purchaser by Option or Purchase Agreement �urchaser by Wnd Contract �Lessee/Tenant 3. ProperryOwner �✓Checkhere'rfApplicantisalsoPropertyOvmer Identifythe person or organization that ownsthe su6ject property: Name Organization _ Mailing Address City State Cell 8usiness Phone Fax Zip_ E-mail Page 2 of 7 9/14/2011 3p ❑ 1. Need PoROne Change Written desaiption of why the zone change is needed, and how the proposed zone district will meet the needs of the development. ❑ 2. Projec[ Descrip[ion Written desaiptlon of the proposed site and/or building layout, buifding and structure design information, floor planz, parking olculations, curten[ environmental conditions, and other pertinent informa[ion. ❑ 3. Si[e Plans, Building Eievation; Floor Plans, and landuape Plans If Plonned DevelopmenC oppioval is being requested concuirently with [he zone chan9erequesY, enclose the she plans, building elevations, floor plans, and landscape Dlans required on the Site Plan Review Checklist. ❑ 4. Wnd'¢ional Uu Pertnit Appliration (if necesury) If applicable, indude a mmpleted CondiNonal llse Permit appliation with the zone change submittal. ❑ 5. Planned Development ApplicaTion ('rf necessary) If applim6le, include a mmpleted Planned DevelopmentApplimtion wkh the zone change submittal. The applicaM must read the foilowing statement carefutly and sign below: The undersigned requestr thatthe City of Oshkosh review this application and related required documents and site plans. The applicant further affirtns and acknowledges thefollowing: � That the appliant has a legal interest in the property descri6ed in this appGcation. � Tha[the answers and s[atements contained in this application and enclosures are in all respects true and rorrect ta �] the best of his, her, or their knowledge. o.yJ That the approval of this application does not relieve the undersigned from wmplianre w�th all other provisions of the Zoning Ordinance or other codes or s[atutes, and does no[ mnsti[ute ffie ganting of a variance. � That the applicant will compN �th any and all condi[ions imposed in ganting an approval of Mis application. /,� If also the owner, the applicant grants the Ciryof Oshkosh staff, Plan Commission, and Common Council the right to access the subjea property for the sole purpose of evaluating the application. /.i�e,,.: /1— PK,.�. �s-ia,is Appliwnt Signamre Date Applicant Signature Date If the applicant is not the property owner, the property owner must read and sign 6elow: The undersigned affirms and acknowledges that he, she orthey are the owner�s) of the property desaibed in this application, and: ❑ Is/are aware of the mntentr of this application and related endosures. ❑ Authorizes the aOPliant to submi[ [his appliotion and representthe undersigned in the matter of being reviewed by the Ciry of Oshkosh. ❑ Grants the Ciry of Oshkosh stafi, Plan Commission, and Common Council the right to access the subjec[ propertyfor thesole purposeofevaluatingtheapplication. Properry Owner Signature Date PropertyOwnerSignature ' Date Page 3 of 7 9/14/20N � � REZONING °""""Oe1 REVIEW STANDARDS City of Oshkosh Planning Services 215 ftiurch Avenue PO Box 1130 Oshkosh,W154903-1130 920.236-5059 The Plan Commission ond the Comman Louncilmoy consider whether the proposed zone change meets the following standords: 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. 7r �vFS Nat cHANGE rH� ufE of tNc: tAr�D, ir cR.aA,-es A smAt-ce2 Ir7Al VARCEC WUird Wfc.� Rf tR:M,( 7n iLArJSfCR AmoWr. Mu l/f7RC UOJN m4 8. Eeplain how the proposed zone district will furtherthe themes and objectives ot the Cit�s Comprehensive Plan, as well as any relevant adopted area redevelopment plans. Standa�d ri2 PublicFacilities A. Describe how adequate publicfacilities already ezist or will be provided at no additional public cost, and will safeguard the health, safety, morals and general welfare of the public � l�Aris. 7 P�idPOTC �a hDD 1 DK+✓�wpH PF,R PRPA�S�D Lar qT M y mu� €�cvc B. FxplainhowtheproposedzonedistrictwillnotbedetrimentaltnthefinancialstabiliTyandeconomic welfareofthecity. � � _ _ • Describe how the proposed zone district is consistent with the trend of development in the neighborhood, or the property to be rezoned was imQroperly zoned or classified when the Gt�/s Zoning Ordinance was adopted or amended. (7 W�cc. ��MA>1� Rck.ICd�i�rt.Al VSt —Ntl CNAdGE. �Vi ,$'V�iDtV/J10%�WdUcJJ �W� FoQ PAR� oF T/lf CuRRErJT LcR 7U QE 54LI {b2 a;si�u Ac✓Ewnme�vh Page 4 of 7 9/142011 5 REZONE BAIER BRUCE A PIZON BRIAN CLAIRVILLE RD 6 9T� ST RD 3196 CLAIRVILLE RD 2590 VILLAGE LN EZC: 01-19-16 OSHKOSH WI 54909 0000 OSHOSH WI 54909 KOLB TRUST SELMA M 3110 CLAIRVILLE RD OSHKOSH WI 59909 0000 ROSCH THOMAS/GABERT RICHARD PO BOX 3606 OSHKOSH WI 59903 3808 MILLER MICHAEL/SANDRA 3267 CLAIRVILLE RD OSHKOSH WI 54909 0000 SCHMIDT ELIZABETH L 3385 9TA ST RD OSHKOSH WI 59909 0000 BENTLE JASON L 3521 9TH ST RD OSHKOSH WI 54904 0000 DEBORAFI STARK TOWN CLERK TOWN OF ALGOMA 15 N OAKw00� RO OSHKOSH WI 59904 PICKART ROBERT/SUZANNE 3490 9TH ST RD OSHKOSH WI 59909 0000 PICKART PAOL A 3420 9TH ST RD OSHKOSx WI 59904 0000 SCHWAKE DEANNA J 904 S MEADOW ST OSxxOSH wi 59902 5696 REMSEN MARY F 3317 MEADOWBROOK RD OSHKOSH WI 54909 0000 . � . . . �:: .. �` <�� : v # r, �. .' „ �� S`J • �,�� z <� ;z �, � �'j:,{ � �- � �,<, y � � y ��: -"i�, # : ' , :0." t.. ��1'. ,aYX` y. 4''"..f . _., ....__..._ ,_ - � � . � -+, �,; �+`°I��N.' 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