HomeMy WebLinkAbout41. 19-440 JULY 23, 2019 19-440 ORDINANCE
FIRST READING
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN
OF SLACK WOLF/MCFARLANE VOLUNTARY ATTACHMENT;
167 WEST WAUKAU AVENUE
INITIATED BY: PATRICIA MCFARLANE
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN
TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 14TH WARD
OF SAID CITY.
The Common Council of the City of Oshkosh do ordain as follows:
WHEREAS, the City of Oshkosh and Town of Slack Wolf have adopted a
Cooperative Plan as set forth in s. 66.0307, Wis. Stats., and approved by the Wisconsin
Department of Administration, that identifies areas within the Town of Slack Wolf as
expansion areas to attach to the City of Oshkosh; and
WHEREAS, a voluntary attachment petition duly circulated has heretofore been
signed by the owners of all the real property within such territory to be attached to the
City of Oshkosh from the Town of Slack Wolf; and
WHEREAS, the proposed territory to be attached is located within the designated
Expansion Area of the Town of Slack Wolf to the City of Oshkosh; and
WHEREAS, the property owners have requested temporary zoning of SR-5, Single
Family Residential District; and
WHEREAS, the Town Clerk for the Town of Slack wolf has been provided with
written notice regarding the attachment in the time period specified by the approved
Cooperative Plan; and
WHEREAS, the Town of Slack Wolf has not filed an objection to the attachment with the
City.
JULY 23, 2019 19-440 ORDINANCE
FIRST READING CONT'D
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
SECTION 1. The following described territory, pursuant to a duly filed voluntary
attachment petition is hereby attached to and made part of the City of Oshkosh, a
municipal corporation located in Winnebago County, more specifically to the 14th Ward
of said City and subject to Wisconsin Statutes and the amendments thereto:
PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 1, TOWNSHIP
17 NORTH, RANGE 16 EAST, TOWN OF SLACK WOLF, WINNEBAGO COUNTY,
WISCONSIN, SOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 17
NORTH, RANGE 16 EAST; THENCE S89°21'55"E, 447.38 FEET ALONG THE NORTH
LINE OF SAID SECTION 1 TO THE POINT OF BEGINNING; THENCE CONTINUING
S89021'55"E, 118.52 FEET ALONG SAID NORTH LINE; THENCE S02028'04"W, 548.46
FEET; THENCE N89021'55"W, 118.52 FEET; THENCE N02028'04"E, 548.46 FEET TO
THE POINT OF BEGGING. SAID AREA CONTAINS 64,970 SQUARE FEET OR 1.492
ACRES, MORE OR LESS.
SECTION 2. Sections 1-28 and 1-29 of the Oshkosh Municipal Code pertaining to
Boundaries, Wards, Polls, Benchmarks are hereby amended so as to reflect the provisions
of this Ordinance and the proper City officials are hereby authorized and directed to
make such changes.
SECTION 3. The proper City officials are hereby authorized and directed to
comply with the following requirements of Section 66.0217(9)(a) and 66.0307(10) of the
Wisconsin Statutes and the City Clerk shall give written notice to the Secretary of State.
SECTION 4. Said property hereinabove described is hereby zoned SR-5, Single
Family Residential District; and
SECTION 5. This Ordinance shall be in full force and effect on the Sunday after
its passage and publication.
JULY 23, 2019 19-440 ORDINANCE
FIRST READING CONT'D
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #19-440 APPROVE REQUEST TO ATTACH TO THE CITY FROM
TOWN OF SLACK WOLF / MCFARLANE VOLUNTARY ATTACHMENT; 167 WEST
WAUKAU AVENUE on July 23,2019.The ordinance attaches property at 167 W. Waukau
Avenue to the City from Town of Slack Wolf. 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.
C
f
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Jeffrey Nau, Associate Planner
DATE: July 18, 2019
RE: Approve Request to Attach to the City from Town of Black Wolf/MacFarlane
Attachment; 167 W. Waukau Avenue
BACKGROUND
This request involves a single 1.402 acre parcel developed with a single-family dwelling and
associated accessory structures at 167 W. Waukau Avenue, approximately 400 feet east of
Oregon Street. An additional 0.090 acres is being attached which consists of a 33-foot wide
section of the southerly W. Waukau Avenue right-of-way.
The petitioner is requesting the attachment to connect to city sanitary sewer due to a failed on-
site private sewage system. The property is in the process of being sold and cannot close until
this matter is resolved. The petitioner is requesting the Common Council to waive the rules
and adopt the attachment on July 23, 2019.
ANALYSIS
City sanitary sewer and water main is available directly from W. Waukau Avenue. Other City
services including police and fire protection will not be an issue as the site is adjacent to the
City's corporate limits to the north.
The petitioner is requesting a temporary and permanent zoning classification of Single-Family
Residential -5 (SR-5) for the property. The existing single-family residential use is permitted
within the SR-5 zone district by-right. The City's Comprehensive Land Use Plan 2040 does
recommend the subject site for industrial development, however, staff does not envision this
area redeveloping in the short-term and recommends assigning a zoning consistent with the
existing land use.
The proposed attachment is compliant with the terms of the intergovernmental agreement
between the City and the Town of Black Wolf, which has been fully implemented with a
Cooperative Plan approved by the State of Wisconsin. The Subject site is identified as
City Hall,215 Church Avenue P.O. Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
Undetermined City Expansion Area per Exhibit 1 of the Intergovernmental Agreement which
allows attachments to the city by unanimous consent.
FISCAL IMPACT
The city will collect$714.72 for connection charges for water main and sanitary sewer service on
W. Waukau Avenue. The property will add approximately $117,300 in assessed value to the
City's tax roll.
RECOMMENDATION
Staff recommends waiving the rules and approve the MacFarlane Voluntary Attachment from
the Town of Black Wolf as proposed.
Respectfully Submitted, Approved:
Z.
Jeffrey Nau Mark A. Rohloff
Associate Planner City Manager
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
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Common Council City of Oshkosh 07-15-2019
1 am requesting that the council waive the rules and adapt annexing my property to the city at your 7-
23-2019 meeting.The property address is 167 W Waukau Ave Oshkosh Wi 54902.The current septic
system is not working and will need to be abandoned when we are connected to the city sewer.The
home is now vacant but I have a buyer for the property. I would greatly appreciate if this matter could
be resolved now.
Thank You
Pat MacFarlane
920 379-1190
JUL 15 2019
aTY CLERKS OFFICE
REQUEST FOR UNANIMOUS VOLUNTARY ATTACHMENT PETITION
TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH,WINNEBAGO COUNTY,WISCONSIN:
WHEREAS,the City of Oshkosh and Town of Black Wolf have adopted a Cooperative Plan as set forth in s.
66.0307,Wis.Stats.,approved by the Wisconsin Department of Administration,that identifies areas within the Town
of Black Wolf as expansion areas for the City of Oshkosh;
WHEREAS,the undersigned represent all of the owners of the territory to be attached to the City of Oshkosh
from the Town of Black Wolf;
WHEREAS,the proposed territory to be attached is located within the designated City Growth Area of the
Town of Black Wolf to the City of Oshkosh;
WHEREAS, the current population of the territory to be attached as defined by Sec. 66.0201(2)(dm) of the
Wisconsin Statutes is Zero(0) .
NOW,THEREFORE,THIS PETITION IS HEREBY MADE for unanimous voluntary attachment,pursuant to
the provisions of the approved Cooperative Plan between the City of Oshkosh and the Town of Black Wolf, for
attachment to the City of Oshkosh,Wisconsin,from the Town of Black Wolf,Winnebago County,Wisconsin,of the
real estate hereinafter described as follows:
MACFARLANE VOLUNTARY ATTACHMENT
ALSO KNOWN AS 167 W.WAUKAU AVENUE,A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4
OF THE NORTHWEST 1/4 OF SECTION 1,TOWNSHIP 18 NORTH, RANGE 16 EAST,TOWN OF BLACK
WOLF,WINNEBAGO COUNTY WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHWEST CORNER OF SECTION 1,TOWNSHIP 17 NORTH,RANGE 16
EAST; THENCE S89021'55"E,447.38 FEET ALONG THE NORTH LINE OF SAID SECTION 1 TO THE
POINT OF BEGINNING; THENCE CONTINUING S89°21'55"E, 118.52 FEET ALONG SAID NORTH LINE;
THENCE S02028'04"W, 548.46 FEET; THENCE N89°21'55"W, 118.52 FEET; THENCE NO2°28'04"E,548.46
FEET TO THE POINT OF BEGGING. SAID AREA CONTAINS 64,970 SQUARE FEET OR 1.492 ACRES,
MORE OR LESS.
That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be annexed
and its relation to the municipalities involved.
QUALIFICATION
DATE (elector and/or
NAME POST OFFICE ADDRESS SIGNED property owner)
X5
3200 Elk Ridge Dr.Unit F
/7
Patricia A.MacFarlane Oshkosh,WI 54904 Owner
RECEIVED
JUL. 15 2019
CITY CLERX'S OFFICE
PETITION FOR TEMPORARY AND PERMANENT ZONING CLASSIFICATION
TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH:
WHEREAS the undersigned are electors and/or property owners in the area being sought
to be attached to the City of Oshkosh, said area being more particularly described in a certain
petition for unanimous attachment to the City of Oshkosh,
MacFarlane Voluntary Attachment,
and,
WHEREAS it is acknowledged by the undersigned that submitting of this petition does
not in any matter attempt to make said petition for attachment conditional upon this petition or
the action taken by the said Common Council pursuant to this petition.
NOW, THEREFORE, the undersigned petition the Common Council of the City of
Oshkosh that the ordinance attaching said territory include a provision temporarily and
permanently designating the classification for zoning purposes,pursuant to Sec. 66.0217(8) of the
Wisconsin Statutes,until the zoning ordinance is amended as prescribed in Sec. 62.23(7)(d) of the
Wisconsin Statutes,as follows:
Single Family Residential-Zoning District(SR-5)
Qualification
(elector and/or
NAME POST OFFICE ADDRESS DATE SIGNED property owner)
3200 Elk Ridge Dr.Unit F
Patricia A.MacFarlane Oshkosh, WI 54904 Owner
R€CSIVED
JUL IS 2019