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Home My WebLink About33. 17-437 AUGUST 8, 2017 AUGUST 22, 2017 17-405 17-437 ORDINANCE FIRST READING SECOND READING (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM A-2ETZ GENERAL AGRICULTURAL EXTRATERRITORIAL DISTRICT TO R-1ETZ SINGLE FAMILY RESIDENCE EXTRATERRITORIAL DISTRICT; NORTH SIDE OF THE 3400 BLOCK WEST 9TH STREET ROAD IN THE TOWN OF ALGOMA INITIATED BY: PAUL PICKART JOINT EXTRATERRITORIAL ZONING COMMITTEE: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 713(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 30-713(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 Residence Extraterritorial Zoning. Generally located at the north side of the 3400 Block West 91h Street Road as described below: Being a part of Lot 1 of CSM 2734 located in part of the southwest and southeast 1/4 of the southwest 1/4 and part of the southwest 1/4 and southeast 1/4 of the southwest 1/4, all in section 20, township 18 north range 16 east, Town of Algoma, Winnebago County Wisconsin. Plus public right-of-way abutting said lot extending to the centerline of West 9th Street Road. (Proposed Lots 3 and 4 of the attached draft certified survey map.) AUGUST 8, 2017 AUGUST 22, 2017 17-405 17-437 ORDINANCE FIRST READING SECOND READING CONT'D 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 #17-437 APPROVE ZONE CHANGE FROM A-2ETZ GENERAL AGRICULTURAL EXTRATERRITORIAL DISTRICT TO R-1ETZ SINGLE FAMILY RESIDENCE EXTRATERRITORIAL DISTRICT; NORTH SIDE OF THE 3400 BLOCK WEST 9TH STREET ROAD IN THE TOWN OF ALGOMA on August 22, 2017. The Ordinance changes the zoning on the north side of the 3400 Block West 91h Street Road from A-2 ETZ to R-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. CERTIFIED SURVEY MAP ALL OF LOT 1 OF CERTIFIED OURVEY MAP 2734, ALL OF LOT 3 OF CERTIFIED $URVEY MAP 31361, LOCATED IN PART OF THE OOUTHWEOT AND 0OUTHWT 1/4 OF THE 0OUTHWEOT 1/4. PART OF TEE OOUTHWEOT 1/4 AND 0OUTHEAOT 1/4 OF THE OOUTHWEOT 1/4, ALL IN OECTION 20, TOWNOHIP 18 NORTH, RANdE 16 WT, TOWN OF AL40UA, WINEB NAGO COUNTY, WI,NCONOIN. SURVEY FOR: WEST 1/4 CORNER PAUL PICKART SECTION 20, T18N R16E 3420 W. 9TH AVE. ALUMINUM MONUMENT FOUND OSHKOSH, WI 54904 CENTER 1/4 CORNER dSECTION 20, T1BN R16E of j021 ALUMINUM MONUMENT I FOUND I Fold LOT 2 UNPLATTED LOT 2 a CSM 5880 LANDS — CSM 6406 UlI I I j 632.97' 322.32' j •....... S89'00'12 E 955.29' ---••-• ' CSB9'40'5B'D (S29'41'19'D i I N I j j I I I- �O BEARINGS ARE REFERENCED TO THE �O " WINNEBAGO COUNTY COORDINATE SYSTEM I,0 WITH THE SOUTH LINE OF THE SW 1/4 m �u OF SECTION 20 BEARING N'89°00'47' WI ai eO Scale 1 inch = 200 feet b N^ N' Ul o0 100 200 400 h w ^ o k E- w �. 'o E' IZ LOT 1 `' y Z 2 798,672 SQ. FT. 118.335 AC.LOT 377,643 SQ, FT. j 8.669 AC. . I I (NB9'41'29'W) ¢ N89'00'47"W m 46 o 71.31' z r-- Wo. `� toes m� b SHED Q90, SB9'00'47 E 89'0047' � I w wZmm000�z'Na Lm �r o 561.36' .-ZZ. 772.31' m DEDICATED TO THE PUBLIC 189'00 47}y'35,& 5 SQ. FT. /0, B 8 AC, 1022.87 0 N ¢ ' SOUTHWEST K89°00'47"W 890.99' CORNER --"---------CNB9'41'29'W)------------- -- SECTION 20, T18N R16E N89'00'47"W 2686.17' 9TH STREET ROAD ALUMINUM — MONUMENT FOUND - - AREA FOR LOTS 3 & 4: LOT 3 IS 20,943 SQ. FT. 10.48 AC. LOT 4 IS 20,799 SQ. FT. 10.4 AC. FOX VALLEY LEGEND z 0 3/4' SOLID ROUND REBAR SET -18' LONG, WEIGHING 1.502 lL1N. FT. LAND SURVEYING O 3 4" REBAR FOUNDBS 2 909 W TILLMAN ST. GOVERNMENT CORNER ^ v \ O APP 54914 I RECORDED AS (920)20) 41 410-- 3379 (920) 474-5025 mail@)foxvalleylandsurveying.com foxva I I eyl an d s u rveyi n g. co m PROJECT NO. 181620-1 SHEET 1OF3 TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: August 3, 2017 RE: Approve Zone Change from A-2ETZ General Agricultural Extraterritorial District to R-1ETZ Single Family Residence Extraterritorial District; North Side of the 3400 Block of W. 9th Street Road in the Town of Algoma (Extraterritorial Zoning Committee recommends approval) BACKGROUND The subject area for the zone change request consists of a 329.51 -foot by 155.15 -foot, 51,122 square foot area located along the north side of the 3400 block of W. 9th Street Road in the Town of Algoma approximately 350 feet west of the city limits. The property is located in the Zone C Expansion area per the Cooperative Plan between the Town of Algoma and City of Oshkosh and is scheduled to be attached to the City on March 1, 2023. The area consists of two parcels which are in the process of being reviewed for a four -lot certified survey map which also incorporates the parcel to the west. The property is currently being used for agricultural purposes as is the lands to the north, west and east. The area to the south has a scattering of single-family and agricultural uses. ANALYSIS The petitioner is requesting a zone change from the existing A-2ETZ General Agricultural Extraterritorial District to R-1ETZ Single Family Residence Extraterritorial District to allow the creation of two single -family -sized lots for residential development. The approval of the certified survey map for the proposed land division is contingent on the approval of the zone change request. The subject property is designated for residential use by the City's Comprehensive Land Use Plan and is consistent with the proposed use of the site. Staff is supportive of the zone change as the development pattern in the area is evolving from agricultural uses to the recommended residential land uses as indicated by developments to the east and south. The remainder of Lot 2 is anticipated to be developed residentially as this area will be attached to the City in 2023 and will then have the ability to obtain City services. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us FISCAL IMPACT The zone change as proposed will have no impact on city services as the developments will be served by the Town and County. RECOMMENDATION The Extraterritorial Zoning Committee recommended approval of the zone change at its August 1, 2017 meeting. Respectfully Submitted, Darryn Burich Director of Planning Services Approved: Mark A. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the apprordmate relative location of property, boundaries and other feature from a variety of sources. These map(s)ldatasets are provided for Information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS' without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. JAGISTlannlnakPlan Commission Site Plan Man TemnlatelPlan (nmmissinn SitP Plan Man Tamnlata mYH lin=0.06 mi 1 in = 300 ft Printing Date: 7/19/2017 Prepared by: City of Oshkosh, WI I• ITEM: ZONE CHANGE FROM A-2ETZ GENERAL AGRICULTURAL EXTRATERRITORIAL DISTRICT TO R-1ETZ SINGLE FAMILY RESIDENCE EXTRATERRITORIAL DISTRICT FOR PROPERTY LOCATED AT THE NORTH SIDE OF THE 3400 BLOCK OF W. 9TH STREET ROAD IN THE TOWN OF ALGOMA Extraterritorial Zoning Committee meeting of August 1, 2017 GENERAL INFORMATION Applicant/Owner: Paul Pickart Actions Requested: The applicant requests a zone change from the existing A-2ETZ General Agricultural Extraterritorial District to R-lETZ Single Family Residence Extraterritorial District for property located at the north side of the 3400 block of W. 91hStreet Road in the Town of Algoma. 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 Type: The subject area for the zone change request consists of a 329.51 -foot by 155.15 -foot, 51,122 square foot area located along the north side of the 3400 block of W. 91" Street Road in the Town of Algoma approximately 350 feet west of the city limits. The property is located in the Zone C Expansion per the Cooperative Plan between the Town of Algoma and City of Oshkosh and is scheduled to be attached to the City on March 1, 2023. The area consists of two parcels which are in the process of being reviewed for a four -lot Certified Survey Map which also incorporates the parcel to the west. The property is currently being used for agricultural purposes as is the lands to the north, west and east. The area to the south has a scattering of single-family and agricultural uses. Subject Site Existing Land Use Zoning Agricultural A-2ETZ Adjacent Land Use and Zoning Comprehensive Plan Land Use Recommendation Land Use 10 Year & 20 Year Land Use Recommendation Residential ANALYSIS The petitioner requests a zone change from the existing A-2ETZ General Agricultural Extraterritorial District to R-1ETZ Single Family Residence Extraterritorial District. The purpose of the rezoning request is to allow the creation of two single -family -sized lots for residential development which is prohibited in the A-2ETZ District. The applicant is concurrently seeking approval for the aforementioned Certified Survey Map which is an agenda item on the August 1, 2017 Plan Commission agenda. As a condition of approval, the areas for proposed Lots 3 and 4 and the adjacent portion of Lot 2 must have the zoning changed prior to acceptance. The subject property is designated for Residential use by the Comprehensive Land Use Plan and is consistent with the proposed use of the property. Staff is supportive of the rezone as the development pattern in the area is slowly evolving from agricultural uses to the recommended residential land uses as indicated by developments to the east and south. It is also anticipated that the remainder of Lot 2 on the submitted CSM will be developed residentially as the land will be attached to the City in 2023 where it will then have the ability to obtain City services. RECOMMENDATION/CONDITIONS Staff recommends approval of the zone change from A-2ETZ General Agricultural Extraterritorial District to R-1ETZ Single Family Residence Extraterritorial District 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 certified survey map and discussed the reason for the zone change request which is to allow the creation of single family lots for residential development and the current zoning classification prohibits residential uses. He reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He also reviewed a map depicting the City's Comprehensive Plan for land use in this area and the proposed use is consistent with the City's recommended land use for this area. Mr. Thorns questioned if the zone change was proposed for all four lots. Mr. Nau responded that the zone change was for lots 3 and 4 only. Mr. Thorns then questioned if this did not include the area between lots 3 and 4 and if this would create an issue. Mr. Nau responded negatively. Item - Zone Change 3400 Bik W 90, St Rd Mr. Krumenauer questioned if issues related to building setbacks would all be the City's responsibility. Mr. Nau responded that zoning approval would be required from the City of Oshkosh but the building permits would need to be obtained from the Town of Algoma. Mr. Krumenauer discussed the R-1 zoning requirements for the County that is administered by the Town and there is a minimum requirement of 200 foot for residential unsewered lots and he questioned if the City would be providing sewer service to these lots. Mr. Nau responded that the City would be able to provide sewer service to lot 4 but it would need to be extended to service lot 3. Per the agreement with the Town of Algoma, the city follows the R-1 zoning standards for lot sizes for the R-1ETZ District. The owner will have to annex the property into the city for utilities to be provided and the area is scheduled to be attached to the city effective March 1, 2023. Mr. Thorns commented that the land division contained language relating to a cross access easement that he felt the Town representatives should be made aware of. Motion by Bowen to approve the zone change from A-2ETZ General Agricultural Extraterritorial District to R-1ETZ, Single Family Residence Extraterritorial District for property located at the north side of the 3400 block of W. 91h Street Road in the Town of Algoma. Seconded by Clark. Motion carried 6-0. Item - Zone Change 3400 Blk W 91h St Rd City of Oshkosh Planning Services REZONING 215 Church Avenue PO Box 1130 Oshkosh, WI 54903-1130 O,rHKO-fH APPLICATION 920-236-5059 oN Wf WATM Property and Project Information. Property Address:.3yea 1314,- W. 24,sf. A/ ,jh,6t;e(,•/� Parcel Number: Existing Zone District /7'2 ETz Lot Size Frontage 3_�ft. Depth:/eft. Area: cr s/Sq Ft ®Rectangle Irregular Comprehensive Plan Future Land Use Map Designation Current use of property Proposed use of propert Proposed Zone District Legal Description (to be provided in digital form, MS Word format) Will a Conditional Use Permit be required? Yes ZNoDon't Know Applicant Information 1. Applicant Identify the person ororganizationrequesting the zone change: NameID ,2., I�cJIa/'-f— Cell Phone 1.20 - /G- 9 `l q Organization Business Phone Mailing Address 3 20 W . 1Y X _V. /�o(. Fax City OTAf"sA State W _T_ ZipS'`(90 E -Mail ppic%ar74@ Phi 4uA� -? 2. Applicant Interest The applicant must have a legal interest in the subject property: Property Owner Purchaser by Option or Purchase Agreement Purchaser by Land Contract Lessee/Tenant 3. Property Owner Ocheck 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 K 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. ❑ S. Planned Development Application (if necessary) If applicable, include a completed Planned Development Application with the zone change submittal. AffidavitRequest and 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. LIZ (] 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. ® That the applicant will comply with any and all conditions imposed in granting an approval of this application. 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. Applicant Signature Applicant Signature Date 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 Property Owner Signature Date Date Page 3of7 9/14/2011 41 OJHKOfH REZONING ONThEWATER 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 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 Compr//ehensive Plan including the Future Land Use Map. / / /-Q Sti o�A a� �//d u JR 7.. k, _ B. Explain how the proposed zone district will furtherthe themes and objectives of the City's Comprehensive Plan, as well as,a/ny relevant adopted area redevelopme t plans. 2o4f- gy-OtA . A"'. L,/ll/ A. Describe how adequate public facilities already exist or will be provided at no additional public cost, and will feguard the health, safety, morals and eneral welfare off the public. CIT S'e W L4 anon l Jam/ e, 1,.1 t h4U.1 -X & PX7a ✓_ / --As -ZA/ B. Explain how the proposed zone district will not be detrimental to the financial stability and economic welfare of/Ithe city. / / .[ ,r /o / 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 L or amended. II '^ / I1 Will C12 40�nc u✓I a ch4 d� �� P ewt A v a Page 4 of 7 9/14/2011 CERTIFIED SURVEY MAP ALL OF LOT 1 OF CERTIFIED OURVE,Y MAP 2734, ALL OF LOT 3 OF CERTIFIED OURVEY MAP 3861, LOCATED IN PART OF THE OOUTHWEOT AND OOUTHEAOT 1/4 OF THE OOUTH"OT 1/4. PART OF THE ,MOUTHWEOT 1/4 AND OOUTHEAOT 1/4 OF THE 0OUTEMOT 1/4, ALL IN NEdTION 20, TOWN0111P 18 NORTH, RANdE 16 EANT, TOWN OF ALG OMA, IYINNEBAO-o COUNTY, wiNdONOIN. SURVEY FOR: WEST- 1/4 CORNER PAUL PICKART SECTION 20, T18N R16E 3420 W. 9TH AVE. #ALUMINUM MONUMENT FOUND 7 OSHKOSH, WI 54904 CENTER 1/4 CORNER �I SECTION 20, T18N R16E o: (llALUMINUM MONUMENT I FOUND I LOT 2 ol�i LOT 2 UNPLATTED ' a CSM 5880 Ul LANDS j — CSM 6406 i i 632.97' 322.32' S89'00'12"E 955.29' .......... (S89'40'58'E) (SB9'41'19'E) j I I N j j I j BEARINGS ARE REFERENCED TO THE ^ WINNEBAGO COUNTY COORDINATE SYSTEM I� WITH THE SOUTH LINE OF THE SW 1/4 4) p (nlI 3 OF SECTION 20 BEARING N-89°00'47' W Scale 1 inch = 200 feet 03 (O N I I a N) N Uo •� I 4E 0 100 00 400`M- I^ „2 NO ^ C i hN FI w NI �I 'bzi I I LOT 1 y LOT 2 z . 798,672 SQ. FT./18.335 AC. 377,643 SQ. FT. i 8.669 AC. I ` I I (NB9'41'29'W) 0 ¢ N89'00 47"W % m 11 o 71.31 ' z D. _ 10`6�.5 I � s o�so• S89.00'47 007 zz� cl c 33.6' m:o M� I135.00' INbai. o d vZ Op r y{pJl SE 73 b E' �i b F ¢i O \N I 7 ' b a b y h w135-00' b a h gyp'. Zz --L_--- 561.36 O.oO 134.51' _ g D��I 772,31' m DEDICATED TO THE PUBLIC N89'0047- 890.87'35,635 SQ. FT./0.818 AC. -1022.B7—NN¢' ° 989'00 47"W 890.99 SOUTHWEST CORNER-----------(NB9.41'29'W)------------ ----- -- SECTION 20, T18N R16E NB9'00'47"W 2686.17' 9TH STREET ROAD ALUMINUM MONUMENT FOUND – – AREA FOR LOTS 3 & 4: LOT3 IS 20,943 SQ. FT. 10.481 AC. F 4 X VALLEY LEGEND LOT 4 IS 20, 799 SQ. FT. /0.478 AC. 3/4- SOLID ROUND REBAR SET- 18" LONG, WEIGHING WEIGHING 1.502 LBSJLIN. FT. LAND SURVEYING O 314REBAR FOUND 2909 W TILLMAN ST. GOVERNMENT CORNER APPLETON, WI 54914 RECORDED AS (920) 410-3379 (920) 474-5025 mail@foxvalleylandsurveying.com foxvalleylandsurveying.com PROJECT NO. 181620-1 SHEET 1 OF 3 m REZONE 3400 BLK OF W 9TH AVE RD PC: 08-01-17 LUTHERAN HOMES OF OSHKOSH 225 N EAGLE ST OSHKOSH WI 54902 0000 PICKART, PAUL A 3240 W 9TH STREET RD OSHKOSH WI 54904 0000 SCHMIDT, ELIZABETH L 3385 9TH ST RD OSHKOSH WI 54904 0000 FIRST ENGLISH LUTHERAN CHURCH 1013 MINNESOTA ST OSHKOSH WI 549010000 NICHOLAS S ZANDERS 3355 9TH STREET RD 54904-6512 POLLSHINSKI, DANIEL J 2367 HAMILTON OSHKOSH WI 54901 0000 TOWN OF ALGOMA TOWN CLERK 15 N OAKWOOD RD OSHKOSH WI 54904 0000 FREDERICKSON, FREDERICK T 3369 9TH ST RD OSHKOSH WI 54904 0000 NIGL, DOUGLAS J 3413 WITZEL AVE OSHKOSH WI 54904 0000 ROBERT J PICKART LIV TST 3490 9TH ST RD OSHKOSH WI 54904 0000 DAVID J GALICA 3339 9TH STREET RD 54904-6512 N lin=0.06 mi �...... 1 in = 300 ft ^A The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the G�f approximate relative location of property, boundaries and other feature from a variety of sources. of Printing Date: 711912017 These map(s)Idatasets are provided for information purposes only and may not be sufficient or Oshkosh , shK appropriate for legal, engineering, or surveying purposes. They are provided 'AS -IS" without Prepared by: City of Oshkosh, WI warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. I -o IV — �, I.,��—, one Wali map icwpid—ldu UUunwacvu aue rimi rviap iempiaie.nua User ka6eb q The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map(sydatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS" without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. JAGIS\PlanninglPlan Commission Site Plan Map TemplatelPlan Commission Site Plan Map Template.mxd SR -2 N 1 in = 0.11 mi 1in=600ft Printing Date: 711812017 Prepared by: City of Oshkosh, WI min Girt w Car Oshkosh I Icpr kn iph