O R D I N A N C E N O.: Z-8—2021-22

O R D I N A N C E N O.: Z-8—2021-22

TO THE HONORABLE, THE OUTAGAMIE COUNTY BOARD OF SUPERVISORS

LADIES AND GENTLEMEN: MAJORITY

AN ORDINANCE TO AMEND THE OUTAGAMIE COUNTY ZONING ORDINANCE. 1 The subject matter of the ordinance having been duly referred and considered by the 2 Outagamie County Agriculture, Extension Education, Zoning and Land Conservation 3 Committee and public hearing having been held after giving requisite notice of said 4 hearing, and a recommendation as required by Section 59.69 of the Wisconsin State5 Statutes. 6

7 Outagamie County Planning Staff Rezoning Review recommends approval. Agriculture, 8 Extension Education, Zoning and Land Conservation Committee recommends approval. 9

10 NOW THEREFORE, the following ordinance is presented by the Agriculture, Extension 11

Education, Zoning and Land Conservation Committee to the County Board. 12

BE IT ORDAINED, that the Outagamie County Board of Supervisors does recommend adoption 13

of the petition of Eric and Elizabeth Kositzke, owner, to rezone a portion of parcel 040023800 totaling 16 14

acres, from AGD General Agriculture District to CL Local Commercial District. The parcel is located at 15

Southeast Corner of CTH A & Center Valley Road, in the Town of Center, Outagamie County, WI, as 16

depicted on the attached review and map, which by reference is made a part hereof, and 17

BE IT FURTHER ORDAINED, that this ordinance shall be in full force and effect in the Town of 18

Center upon approval by the Outagamie County Board of Supervisors, publication per State Statute 59.14 19

and 66.0103, and 20

BE IT FINALLY ORDAINED, that the Outagamie County Clerk be directed to forward a certified 21

copy of this ordinance to the Town of Center Clerk, the Outagamie County Zoning Administrator and the 22

Municipal Code Corporation for inclusion in the Outagamie County Code of Ordinances. 23

Dated this day of September, 2021. 24

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Ordinance No. Z-8—2021-22 Page 2

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4 Duly and officially adopted by the County Board on: _______________________ 5

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Signed: 8 Board Chairperson County Clerk 9

10 Approved: Vetoed: 11

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Signed: 14 County Executive 15


MEMORANDUM

TO: Outagamie County Zoning Committee FROM: Jason Pausma, Sr. Planner DATE: August 17, 2021 RE: PL202100338 - Rezoning – County; Review & Recommendation

Application Details: Applicant/Owner Elizabeth and Eric Kositzke Request: Rezoning - County

From: AGD General Agriculture District To: CL Local Commercial District

Parcel(s): Portion of Parcel 040023800 (see Exhibit 1 & 2) Location: Southeast Corner of CTH A & Center Valley Road

Town of Center Public Hearing: August 24, 2021 - 10:30 AM

Background & Analysis:This proposal would rezone approximately 16 acres from the General Agriculture (AGD) to Local Commercial (CL) district. The property is located on the southeast corner of County Highway A and Center Valley Road in the Town of Center. The northwest corner of the property, approximately 0.55 acres, is currently zoned Local Commercial (see Exhibit 1 & 2). The request would allow the property owner to utilize the property for an event venue. The event venue would be a permitted principal structure / use in the proposed Local Commercial District.

The property is currently under agriculture production. The neighboring zoning and land use in the immediate area is as follows:

Existing Zoning Existing Land Use Future Land Use Category

North AGD – General Agriculture CL – Local Commercial

Residence, vacant lot, commercial establishment

Commercial / Industrial Town Center / Highway Mixed Use Overlay

South AGD – General Agriculture

Rural Residence Rural Character

East AGD – General Agriculture

Ag Land and wooded land

Commercial / Industrial

West AGD – General Agriculture

Co-op gas station, ag land

Commercial / Industrial


CL – Local Commercial Town Center / Highway Mixed Use Overlay

There are wetland indicator soils on the very southern end of the property. If this area were to be developed a wetland delineation would be required prior to development. There are no other environmental conditions nor known cultural or historical attributes at this site.

The property is located in the Center Valley Drainage District, any future development of the site will require separate approval from the Outagamie County Drainage Board. Per Wis. Stats. 66.1102 , the county is required to notify the Outagamie County Drainage Board of proposed development activity within the drainage district that could impact the district; copying the district on this memorandum meets this requirement.

The County Highway Department reviewed the initial conceptual site plan for this proposal because it is located on a segment of County Highway A that is restricted access. They commented that access to the event venue will not be allowed off CTH A, and the access off Center Valley Road needs to stay to the eastern portion of the property to avoid turning conflicts with the intersection of CTH A and Center Valley Road.

The Town of Center general zoning is administered by the County and the County is statutorily obligated to document consistency with the County Comprehensive Plan, pursuant to Sec. 66.1001(3) Wis. Stats. The Outagamie County Comprehensive Plan Future Land Use Map designates this site, and the surrounding area, as within the “Commercial / Industrial” future land use category with the “Town Center / Mixed Use Overlay”. Both of these designations allow for commercial uses, including small scale commercial retail and office space, restaurants, and service establishments. The proposed Local Commercial District is consistent with these land uses and the applicant’s proposed event venue usage of the site. Staff therefore finds this proposed use to be consistent with the Comprehensive Plan’s Future Land Use Map.

The Town of Center Board reviewed this rezoning request on June 14th, 2021 and recommended it for approval. When they made their recommendation they conditioned it upon 1) A liquor license will be required and 2) Work with the local people to move the existing driveway if possible (see Exhibit 3). Conditions cannot be placed on a rezone; staff will relay this to the town moving forward. As the site develops the town can exercise their local authority related to liquor licenses, access permits on town roads, commercial building permits, etc.

Staff Recommendation:Based on our review and analysis of this proposed Rezoning - County, Outagamie County Planning Staff recommend:

To approve rezoning a portion of parcel 040023800 (16 acres) as shown in Exhibit 1 and 2, from AGD – General Agriculture District to CL – Local Commercial District; as requested, with the following findings:

The rezoning is consistent with the Outagamie County Comprehensive Plan;


Exhibits

Exhibit 1: Rezoning Map

Exhibit 2: Rezone Exhibit by Applicant with legal description

Exhibit 3: Town Recommendation

Exhibit 4: Applicant’s Operational Statement

Cc: Al Kramer, President and Nancy Christianson, Clerk; Outagamie County Drainage Board


EXHIBIT 1 – Rezone Map


EXHIBIT 2 – Rezone Exhibit by Applicant


EXHIBIT 3 – Town Recommendation


EXHIBIT 3 – Town Recommendation (continued)


EXHIBIT 4 – Operational Statement Exhibit by Applicant (13 pages)

(see following pages)








Documents

O R D I N A N C E N O.: Z-8—2021-22