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HomeMy WebLinkAbout40. 18-243 APRIL 24, 2018 18-243 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL EXTRATERRITORIAL DISTRICT (R-1 ETZ) AND GENERAL AGRICULTURAL EXTRATERRITORIAL DISTRICT (A- 2 ETZ) TO LIGHT AGRICULTURAL EXTRATERRITORIAL DISTRICT (A-1 ETZ); PROPERTY LOCATED WEST OF 3097 CLAIRVILLE ROAD IN THE TOWN OF ALGOMA INITIATED BY: DAN TRAXLER JOINT EXTRATERRITORIAL ZONING COMMITTEE: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 713(5) 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(5) 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 Single Family Residence Extraterritorial Zoning (R-1 ETZ) and General Agricultural Extraterritorial Zoning (A-2 ETZ) to Light Agricultural Extraterritorial District (A-1 ETZ) Generally located at the property west of 3097 Clairville Road as described below: THE NORTH 330 FEET OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN, EXCEPTING THE EASTERN 208 FEET, TOTALING 8.49 ACRES, MORE OR LESS. APRIL 24, 2018 18-243 ORDINANCE FIRST 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#18-xxx APPROVE ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL EXTRATERRITORIAL DISTRICT (R-1 ETZ) AND GENERAL AGRICULTURAL EXTRATERRITORIAL DISTRICT (A-2 ETZ) TO LIGHT AGRICULTURAL EXTRATERRITORIAL DISTRICT (A-1 ETZ); PROPERTY LOCATED WEST OF 3097 CLAIRVILLE ROAD IN THE TOWN OF ALGOMA on May 8, 2018. The Ordinance changes the zoning for the property west of 3097 Clairville Road in the Town of Algoma from A-2 ETZ and R-1 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. F � t 4 T F� 4 Zone Change Erom Zone.Change From A-2ETZ to A-1 ETZ R 1 ETZ to A-1 ETZ Jim N� N h r ry T y C-1 ETZ, Zone C large 3097 Cicttnr[1[e Rd ' v 1 in=0.05 mi - 1 y� in=250 ft The Gity of Oshkosh creates and maintains GIS maps and data for its rnvn use: They may show the City approimate rebtNv location of prope4 boundaries and other feature from a variety of sources.. punting Date:4141201$ Qf These maksydatasets are provided for information pufposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS' without prepared by:City of Oshkosh,WI Oshkosh (SsUS h 111k warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. K4effnTianning Bm ft-Jeff 20iTrud User:jean ITEM: 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 Extraterritorial Zoning Committee meeting of April 17,2018. 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 Existing Land Use Zoning Agricultural A-2ETZ&R-1ETZ Adjacent Land Use and Zoning Existin Uses Zoning North Agricultural,ultural, Single-Family Residential A-2ETZ&RAETZ ..................... ............................ ............................................................................................................ ........................... -SoutSouth Agricultural, Single-Family Residential A-2ETZ&R-1ETZ h................... W.............................._.................... ................................................................................................ ......................... .....— East .................. East Agricultural, Single-Family Residential R-1 ETZ .......................... Agricultural,...................... ............. .................... ..................................................................................................... .................... West Agricultural A-2ETZ Comprehensive Plan Land Use Recommendation Land Use 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-1ETZ 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 RAETZ 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 AAETZ 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-1ETZ) and General Agricultural Extraterritorial(A-2ETZ) Districts to Light Agricultural Extraterritorial(A-1ETZ)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. Item-Zone Change 3097 Clairville Road Mr. Nau presented the item and reviewed the subject area. The subject area is approximately 8.51 acre and is a 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 vacant and used for agricultural purposes. The property does have four various-sized accessory structures. The subject property has a split-zoning with RAETZ on the front, eastern portion of the property while the remaining western area 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. The city placed the current RAETZ 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 RAETZ zoned area which prohibits standalone accessory structures.Hence, staff determined the best solution would be to rezone the entire property to the Light Agricultural Extraterritorial District(A-1ETZ). The AAETZ 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. Ms. Propp questioned if the Town of Algoma was in support of the rezone. Mr.Rasumussen stated the Town is in support because of the boundary agreement with the City of Oshkosh and defers to the City on these matters. Motion by Krumenauer to approve the 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 Clairvill Road in the Town of Algoma. Seconded by Clark. Motion carried 6-0. Item-Zone Change 3097 Clairville Road City of Oshkosh Planning Services rA% 215 Church Avenue Po Box l 130 cityyi REZONING Oshkosh,Wl 54903-1130 Oshkosh APPLICATION 920-236-5059 Property Address: 30'77 C l eW v 1 l i e 9J Parcel Number:_noa O.3 N 0t1, t33 71, Existing Zone District ir�—l e TZ Lot-Size Frontage:_ft. Depth: ft, Area: Acres/Sq ❑ Rectangle ❑ Irregular Ft Comprehensive Plan Future Land Use Map Designation Current use of property /qC u H'u rct n kgj ly-N!� Crap 5 Proposed use of propertyc Proposed.Zone District - Tz Legal Description (to be provided in digital format) Will a Conditional Use Permit be required ❑Yes [54 No ❑ Don't Know 1. Applicant Identify the person or organization requesting the Zone Change: Name 00 V1 _r� Cell Phone 926--379 "Ll 5_9 le Organization Business Phone Mailing Address a`l 7 C.iia' r<v r l l-e Fax city DS Y\OS VN State Zip 5`l 1©`f E-Mail Ja+g+ra x(rr- 9q 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 ( : 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 'a • ' aa as s . ❑ 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. •a • • as The applicant must read the following statementcarefully 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 alegal interest in the property described in this application. ❑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. bol(? Applicant Signature Date Applicant Signature Date ' If the applicant is not the properly 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 b of 7 Page 4 City of Oshkosh Planning Services ciiAr REZONING 215 Church Avenue.Po Box 1 i30 REVIEW STANDARDS oshkosh;wl5a9o3-tt3o Oshkosh 9207-236-5059 The Plan Commission and the Common Council may consider whether the proposed Zone Change meets/lie following standards: 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. B. 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, or the property to be re-zoned was improperly zoned or classified when the City's Zoning Ordinance was. adopted or amended. tt Page 7 of 7 Page 5 b r e �s t ETZ = Zone Ch From' Zone Change From ti s A-2ETZ toA-1 ETZ R-1 ETZ to A-1 ETZ ; f. a, " r e K 'wig k�•'� �� �f" �' a- b .. - C-9 ETZh done Ck�ange 3097 C(c��rv(IIe 1 in=0.05 mi 1 in=25Qfl I'll 67 The City of Oshkosh creates and maintains GIS maps and data for Its own use. They may show the City approximate relaM location of properly, boundaries and other feature from a variety of sources, a(' Printing Date:4!4/2018 These map(sudatasets are provided for Information purposes only and may not be sufficient or Oshkosh appropriate for legal, engineering, or surveying purposes. They are provided 'AS-1S" without Prepared by:City of Oshkosh,WI warranties of any kind and the City of Oshkosh mums no liability for use or misuse, ff:fleffnU fanning Base Map-Jeff 2017.rmd FageUser:jeffn 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 r 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 j 15 NORTH OAKWOOD RD 3097 CLAIRVILLE RD OSHKOSH WI 54904 OSHKOSH WI 54904 i I Page 7 f } 1- AXLE IR-T 1 f� I O R p( o D i C ro n a h 06 0 - 4 o � � 1 El Mj Y 0 EIGHB RLY-RD 0 o ate..,' :1 , r1I I' � i N 1 in=0.04 mi r, M 1 in=220 ft City of Oshkosh maps and data are intended to be used for general ktentifucabon purposes onty,and Clly the City of Oshkosh assumes no iablty for the axuracy of the Informatlon.Those using the Printing Dale:4!4!2018 of hformallon are responsive for vedfyN accuracy. 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