HomeMy WebLinkAbout24. 20-55 JANUARY 28, 2019 20-55 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN
OF NEKIMI / WILLIAMS VOLUNTARY ATTACHMENT; 3403
OREGON STREET
INITIATED BY: BRADFORD AND BARBARA WILLIAMS
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN
TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 13TH WARD
OF SAID CITY.
The Common Council of the City of Oshkosh do ordain as follows:
WHEREAS, the City of Oshkosh and Town of Nekimi 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 Nekimi 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 Nekimi; and
WHEREAS, the proposed territory to be attached is located within the designated
Expansion Area of the Town of Nekimi to the City of Oshkosh; and
WHEREAS, the property owners have requested temporary and permanent zoning
of Single-Family Residential-5 (SR-5); and
WHEREAS, the Town Clerk for the Town of Nekimi has been provided with written
notice regarding the attachment in the time period specified by the approved Cooperative
Plan; and
WHEREAS, the Town of Nekimi has not filed an objection to the attachment with
the City.
JANUARY 28, 2020 20-55 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:
ALSO KNOWN AS 3403 OREGON STREET. PART OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN
OF NEKIMI, WINNEBAGO COUNTY, WISCONSIN SOUNDED AND DESCRIBED AS
FOLLOWS:
COMMENCING FROM THE EAST 1/4 CORNER OF SECTION 2, TOWNSHIP 17
NORTH, RANGE 16 EAST; THENCE N01°03'30"E, 522.50 FEET ALONG THE EAST
LINE OF SAID SECTION 2 TO THE POINT OF BEGINNING; THENCE S89°16'18"W,
451.02 FEET; THENCE N01°03'30"E, 104.50 FEET; THENCE N89°16'18"E, 451.02 FEET;
THENCE S01003'30"W, 104.50 FEET TO THE POINT OF BEGINNING.
SAID AREA CONTAINS 47,109 SQUARE FEET OR 1.081 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 Single-Family
Residential-5 (SR-5).
SECTION 5. This Ordinance shall be in full force and effect on the Sunday after
its passage and publication.
JANUARY 28, 2020 20-55 ORDINANCE
FIRST READING CONT'D
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #20-xxx APPROVE REQUEST TO ATTACH TO THE CITY FROM
TOWN OF NEKIMI / WILLIAMS VOLUNTARY ATTACHMENT; 3403 OREGON
STREET on February 11, 2020.The ordinance attaches 3403 Oregon Street to the City from
the Town of Nekimi. 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.
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Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Jeffrey Nau
Associate Planner
DATE: January 21, 2020
RE: Approve Request to Attach to the City from Town of Nekimi/Williams
Attachment; 3403 Oregon Street
BACKGROUND
This request involves a single 1.003 acre parcel developed with a single-family dwelling and
associated accessory structures at 3403 Oregon Street, approximately 500 feet north of W. 35th
Avenue. An additional 0.079 acres is being attached which consists of a 33-foot wide section of
the westerly Oregon Street right-of-way.
The petitioner is requesting the attachment per a potential buyer's desire to connect to City
sanitary sewer and water main and receive other City services.
ANALYSIS
City sanitary sewer and water main is available directly from Oregon Street. Service laterals
have been installed by the City negating the need for excavating into Oregon Street. Other
City services including police and fire protection will not be an issue as the site is adjacent to
the City's corporate limits on all sides of the property.
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 proposed zoning is also consistent with the current
zoning designations north and south of the subject site. The City's Comprehensive Land Use
Plan 2040 does recommend this area 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 Nekimi, 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$2,535.35 for connection charges for water main, sanitary sewer and
service laterals on Oregon Street. Based on the property's 2019 tax bill, the property will add
approximately$151,000 in assessed value to the City's tax roll.
RECOMMENDATION
Staff recommends approval of the Williams Voluntary Attachment from the Town of Nekimi
as proposed.
Respectfully Submitted, Approved:
Jeffrey Nau Mark A. Rohloff
Associate Planner 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
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 Nekimi have adopted a Cooperative Plan as set forth in s.
66.03 07,Wis.Stats.,approved by the Wisconsin Department of Administration,that identifies areas within the Town
of Nekimi as Undetermined City 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 Nekimi;
WHEREAS, the proposed territory to be attached is located within the designated Undetermined City
Expansion areas of the Town of Nekimi 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 Two (2)
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 Nekimi, for
attachment to the City of Oshkosh, Wisconsin, from the Town of Nekimi, Winnebago County, Wisconsin, of the
real estate hereinafter described as follows:
WILLIAMS VOLUNTARY ATTACHMENT
ALSO KNOWN AS 3403 OREGON STREET. PART OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 2,TOWNSHIP 17 NORTH,RANGE 16 EAST,TOWN OF NEKM, WINNEBAGO COUNTY,
WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE EAST 1/4 CORNER OF
SECTION 2,TOWNSHIP 17 NORTH,RANGE 16 EAST;THENCE NO1°03'30"E, 522.50 FEET ALONG THE EAST
LINE OF SAID SECTION 2 TO THE POINT OF BEGINNING; THENCE S89016'183JV1,.4.51.02 FEET; THENCE
N01003'30"E, 104.50 FEET;THENCE N89016'18"E,451.02 FEET;THENCE SO1°03'30"W, 104.50 FEET TO THE
POINT OF BEGINNING. SAID AREA CONTAINS 47,109 SQUARE FEET OR 1.081 ACRES,MORE OR LESS.
That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be attached
and its relation to the municipalities involved.
QUALIFICATION
DATE (elector and/or
NAME POST OFFICE ADDRESS SIGNED property owner)
5225 Killdeer Lane
Bradfor J. Williams Oshkosh,WI 54901 Owner
5225 Killdeer Lane
Barbara L. Williams Oshkosh, WI 54901 Owner
RECEIVED
AN 21 2020
CITY CLERK'S OFFICE
PETITION FOR TEMPORARY&PERMANENT ZONING CLASSIFICATION
TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH:
WHEREAS the undersigned are electors and/or properly 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,
Williams 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 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-5 Zoning District(SR-5)
Qualification
(elector and/or
NAME POST OFFICE ADDRESS DATE SIGNED property owner)
/ 5225 Killdeer Lane l
Bradfo J. Williams Oshkosh,WI 54901 Owner
5225 Killdeer Lane
Barbara L. Williams Oshkosh,WI 54901 Owner
RECEIVED
BAN Z 1 2020
CITY CLERK,S OFFICE
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