The URL can be used to link to this page

Home My WebLink AboutItem 1 EXTRATERRITORIAL ZONING COMMITTEE STAFF REPORT APRIL 17,2018 ITEM I: ZONE CHANGE FROM SINGLE-FAMILY RESIDENCE EXTRATERRITORIAL (R-1ETZ) AND GENERAL AGRICULTURAL EXTRATERRITORIAL (A-2ETZ) DISTRICTS TO LIGHT AGRICULTURAL EXTRATERRITORIAL (A-1ETZ) DISTRICT FOR PROPERTY LOCATED WEST OF 3097 CLAIRVILLE ROAD IN THE TOWN OF ALGOMA GENERAL INFORMATION Applicant/Owner: Dan Traxler Actions Requested: The applicant requests a zone change from the existing Single-Family Residence Extraterritorial (R-1ETZ) and General Agricultural Extraterritorial (A-2ETZ) Districts to Light Agricultural Extraterritorial(A-1ETZ)District for property located west of 3097 Clairville 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 an approximately 1,120-foot by 331-foot, 8.51 acre land-locked area located behind 3097 Clairville Road in the Town of Algoma. The property is located in the Zone D 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, 2043. The property is primarily vacant and used for agricultural purposes. The property does have four various-sized accessory structures used in conjunction of the agricultural use. The general area is predominantly used for agricultural purposes besides a large number of rural single- family properties located along Clairville Road. ' Subject Site Existhr Und Use Zortin Agricultural A-2ETZ&R-IETZ 3 i Adjacent Land Use and Zoning Existin Uses Zonni North Agricultural, Sin le-Family Residential A-2ETZ&R-1ETZ South A hculhiral, Stele-Family Residential A-2ETZ&R-IETZ East Agricultural Single-Family Residential R-1 ETZ West Agricultural A-2ETZ Comprehensive Plan Laird Use Recolrirrtendation Landuse. 10 Year&20 Year Land Use Recommendation Residential ANALYSIS The subject property has a split-zoning with R-1ETZ on the front(eastern) 200 feet of the property while the remaining western 920 feet has an A-2ETZ zoning designation. These zonings were put in place when the Cooperative Plan between the city and Town of Algoma went into effect in 2003. Prior to 2003, the property had a Winnebago County A-2 zoning designation. When the city-town agreement went into effect, the city was concurrently updating the city's Comprehensive Land Use Plan. The city's 1993 Comprehensive Land Use Plan had the area from Clairville Road to 2,000 feet west designated with an industrial land use recommendation. Based on how the area had been developing, especially the high rate of residential development to the east, the city thought it prudent to migrate from the industrial recommendation to residential. Subsequently, the city placed the current R-1ETZ zoning from Clairville Road to 375 feet west to match existing developments and be consistent with the forthcoming 2005 Comprehensive Plan update. The petitioner approached the city to inquire about constructing an additional agricultural accessory structure on the site. The location of the proposed building falls within the R-IETZ zoned area which prohibits standalone accessory structures. Had the use been permitted, the existing four accessory structures already totaled approximately 3,500 square feet, well in excess of the 1,200 square feet of accessory structures permitted in the R-1ETZ district. Planning staff met to discuss the owner's options and determined the best solution would be to rezone the entire property to an agricultural zoning, more specifically the Light Agricultural Extraterritorial District(A-1ETZ). The A-1ETZ District allows for development of agricultural accessory structures while still allowing the continuation of growing field crops. The change from the A-2ETZ to A-1ETZ district will prohibit .more intensive agricultural uses, however, staff feels the change is warranted to protect the nearby residential from potentially noxious by-right uses permitted in the A-2ETZ District. RECOMMENDATION/CONDITIONS Staff recommends approval of the zone change from Single-Family Residence Extraterritorial (R-IETZ) and General Agricultural Extraterritorial(A-2ETZ)Districts to Light Agricultural Extraterritorial(A-1ETZ)District as requested. Item I-Zone Change 3097 Clairville Rand Page 2 City of Oshkosh Pianningi Services OA% 215 Church Avenue Po Box 1130 CRYof%: REZONING Oshkosh, W1 54903-1130 Oshkosh APPLICATION 920-236-5059 FIR Property Address: 301 q Clclisrvl 9d Parcell Number: 00, o3 7"1 60,2 (3314e Existing Zone District e, TZ Lot Size Frontage: ft.. Depth: ft. Area: Acres/Sq nRectangle ❑ Irregular Ft Comprehensive Plan Future Land Use Map Designation Current use of property /10 c )cQ [ L4 m okclyik' to!) �2_p Croj?5 Proposed use of property )%r Proposed Zone District JE T'Z Legal Description (to be provided in digital format) Will a Conditional Use Permit be required El Yes [A No n Don't Know 1111111111 l� 11111iii 111111 ji ii d 1 21;1 1. Applicant Identify the person or organization requesting the Zone Change: Name— DC'A Cell Phone A,?0- 379 _ Ll;94p Organization Business Phone Mailing Address 30T7 Clourvid-e �J Fax City Qs 1\Y\03 V, �StoteL.)]7= Zip ,qqo,/ E-Mail r-r 2. Applicant Interest The applicant must have a legal interest in the subject property: FAProperty Owner E] Purchaser by Option or Purchase Agreement nPurchaser by Land Contract n Lessee/Tenant 3. Property Owner N 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 5 of 7 Page 3 0 :a 1 0 0 El 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, El 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. El 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. 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; El That the applicant has a legal interest in the property described in this application. El 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. El That the applicant will comply will)any and all conditions imposed in granting an approval of this application. El 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. D2,6- 3 Ine /20/'� Applicant Signature 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, ands [I Ware aware of the contents of this application and related enclosures. El Authorizes the applicant to submit this application and represent the undersigned in the matter of being reviewed by f he City of Oshkosh, El Grants the City of Oshkosh staff, Plan Commission, and Common Council the right to access the subject property for the sole purpose of evoluafing the application, Property Owner Signature Date Property Owner Signature Date Page 6 of 7 Page 4 City of Oshkosh Planning Services Y C& REZONING 215 Church Avenue Po Box 1130 0 Owl REVIEW STANDARDS Oshkosh,Wl 54903-1130 Oshkosh 920-236-5059 Tile Plan Commission and the Common Council may consider whether the proposed Zone Change meets the following stondords: 1111�111111 1!glllil�J 111lil�11'!' 111''! ��i i 1 1 �1 i I� �� 1 i i 1 i 1 11 1111 1 �1111 ii I I 11giii %1 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. 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. 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, 8,. Explain how the proposed Zone District will not be detrimental to the financial stability and economic welfare of the city. Describe how the proposed Zone District is consistent with the trend of development in the neighborhood, gr the property to be re-zoned was improperly zoned or classified when the City's Zoning Ordinance was adopted or amended. r Page 7 of 7 Page 5 ' ) I / µ r kB I j / A-2ETZ I =1 E-Gz i Zor1e Change Elam Zane Chang� FrofTr tea -1T R-1 ETZ to r / % r7�J reJlfi� s f d 4 1µ, I C-1 ETZ lur 0�p ill a.,.// /,/,,Vis,, /„ �i ✓,c„/. ��r%�; /r�/ r�r, r,!,u /� „„ ,, ,,,,';,r 1 in=250ft The City of Oshkosh creates and maintains CIS maps and data for its own use. They may show the fit approximate relative location of property, boundaries and other feature from a variety of sources, 0t These map{sVdatasets are provided for information purposes only and may not be sufficient or Printing Date:4/4I21$ 0 S1CS '1 appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS” without Prepared by: City of Oshkosh,Wl warranties of any kind and the City of Oshkosh assumes no liabiaity for use or misuse. WjeffnTianning Base Map-Jeff 2617.mxd Msec:ieffn REZONE CARL R/COLLEEN I KNOBLOCH L6 LLC 3097 CLAIRVILLE RD 4549 NEIGHBORLY RD 5167 SOUTHWIND DR EZC:04-17-18 OSHKOSH WI 54904 WINNECONNE WI 54986 DAVID P/PAMELA MARHEFKE JEFFREY P SCHERER JASON S SCHIELER 4546 NEIGHBORLY RD 501 MERRITT 3085 CLAIRVILLE RD OSHKOSH WI 54904 OSHKOSH WI 54901 OSHKOSH WI 54904 DIANE M SEARL TODD A/AMY R KARKULA RALPH C WATKINS 3103 CLAIRVILLE RD 3071 CLAIRVILLE RD 3079 CLAIRVILLE RD OSHKOSH WI 54904 OSHKOSH WI 54904 OSHKOSH WI 54904 TOWN OF ALGOMA DANIEL J TRAXLER 15 NORTH OAKWOOD RD 3097 CLAIRVILLE RD OSHKOSH WI 54904 OSHKOSH WI 54904 Page 7 -T-RAXLER-T-R- 0 El 0 Eg ED EIGHB RLY-RD H EIJ d N r� 3 1 in 0.04 mi . .......... .... lin=220ft MOM= C4 of Oshkosh maps and data are intended to he used for pufposes on�,and cily the City of Oshkosh assumes no Ilabily for the accuracy of the information. Those Ong the 0 information are responsible for verifying accuracy. For fun disdaimer please go to PdnUrig Date:4/412018 Prepared by:City of Oshkosh,WI Oshkosh JA(3 IWanflhgTlan Commission Site Plan Map Temp�aIONn Com6%s+on Site Plan Map Tenv!ate.wd User:OnA Page 8 i SR-5 1RAXL-E -TR F-D LIR-5 44 MR-12-PD MR-12 K7` r�� I i e SR-3 1 ��r r �—+ r' lin=0.13 mi �C/'�r��f ��e 1 700 ft the City of Oshkosassumes no &ab-Ety for the accuracy of the inforrnathn.Thhosee using.h In of Oshkosh maps and data are intended to be used for general identification on ,and Cilinformation are responsUe for verifying arxracy. For full eWac mer please go the Printing Date:41412018 vr�vr.ci.oshkosh.vri.uslGlSdsctaimer Prepared by,City of Oshkosh,WI Oshkosh JAGISnanninglPlan Commiss'lon Site Pian Asap Temp%TR an Gommsson S;k Flan Map Template.mcd User,1rtl4< Page 9 i I I I i I K I i i I N 1in=0.03 mi to=180 ft AIM City of Oshkosh maps and data are Mended to be used for general ide0frcation purposes only,and City Iw the Gty of Oshkosh assumes no �abgity for the accuracy of the krformation. Those osing the Printing pate:414!201$ °f information are responslb!e for verifying accuracy. For full disctamer please go to tia�,tiv.a.osttkostt.tiri.uslGlSd�sciamer Prepared by:City of Oshkosh,Wi Oshkosh J.1GtSflann;r)glPfan C)r0W'.SSi0n Sire Plan dap TemootelNan Commission Sit Flan Map Template,nud User.minak Page 10