HomeMy WebLinkAbout35. 21-163MARCH 23, 2021 21-163 ORDINANCE
FIRST READING
(CARRIED_______LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN
OF ALGOMA / JONES PARK SUBDIVISION VOLUNTARY
ATTACHMENT
INITIATED BY: RAYMOND JONES SR.
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 Algoma 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 Algoma 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 Algoma; and
WHEREAS, the proposed territory to be attached is located within the designated
Expansion Area of the Town of Algoma 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 Algoma has been provided with written
notice regarding the attachment in the time period specified by the approved Cooperative
Plan; and
WHEREAS, the Town of Algoma has not filed an objection to the attachment with
the City.
MARCH 23, 2021 21-163 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 13TH Ward
of said City and subject to Wisconsin Statutes and the amendments thereto:
BEING ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 6382, RECORDED AS
DOCUMENT NUMBER 1512826, WINNEBAGO COUNTY REGISTER OF DEEDS, AND
½ OF THE ADJACENT RIGHTS-OF-WAY OF 9TH STREET ROAD AND CLAIRVILLE
ROAD, ALL LOCATED IN THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF
SECTION 29, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA,
WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHWEST CORNER OF SAID SECTION 29,
TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE S00°30'29"E, 637.62 FEET ALONG
THE WEST LINE OF SAID SECTION 29 TO THE SOUTHWEST ¼ OF THE
NORTHWEST ¼ OF SAID SECTION 29 TO THE POINT OF BEGINNING; THENCE
S89°4 131E, 393 .46 FEET ALONG THE EXTENDED SOUTH AND SOUTH LINE OF LOT
2 OF CSM NUMBER 6352, RECORDED AS DOCUMENT NUMBER 1499674,
WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE N00°18'29"E, 400.06 FEET
ALONG THE EAST LINE OF SAID LOT 2 TO THE SOUTHWEST CORNER OF LOT 3
OF SAID CSMNUMBER6352; THENCE S89°41'3l"E, 392.62 FEET ALONG THE SOUTH
LINE OF SAID LOT 3 TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE
N0018729E, 237.49 FEET ALONG THE EAST LINE AND EXTENDED EAST LINE OF
SAID LOT 3 TO A POINT OF THE NORTH LINE OF SAID SECTION 29; THENCE
S89°41 '3 l"E, 289.22 FEET ALONG THE NORTH LINE OF SAID SECTION 29 TO A
POINT ON THE EXTENDED WEST LINE OF OUTLOT 1 OF SAID CSM NUMB ER
6352; THENCE S00°46'02"E, 208.43 FEET ALONG THE EXTENDED WEST AND WEST
LINE OF SAID OUTLOT 1 TO THE SOUTHWEST CORNER OF SAID OUTLOT 1;
THENCE S89°41 '46"E, 258.69 FEET ALONG THE SOUTH LINE OF SAID OUTLOT 1
THE SOUTHEAST CORNER OF SAID OUTLOT 1, ALSO BEING THE NORTHEAST
CORNER OF SAID LOT OF 1 CSM NUMBER 6382; THENCE S00°46'02"E, 1,123.28
FEET ALONG THE EAST LINE OF SAID LOT 1 OF CSM NUMBER 6382 TO THE
SOUTHEAST CORNER OF SAID LOT 1 OF CSM NUMBER 6382; THENCE N89°41
'45"W, 1,349.10 FEET ALONG THE SOUTH LINE AND EXTENDED SOUTH LINE OF
SAID LOT 1 OF CSM NUMBER 6382 TO THE SOUTHWEST CORNER OF THE
MARCH 23, 2021 21-163 ORDINANCE
FIRST READING CONT'D
NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 29; THENCE
N00°30'29"W, 443.82 FEET ALONG THE WEST LINE OF SAID NORTHWEST ¼ OF THE
NORTHWEST ¼ OF SECTION 29 TO A POINT ON THE EXTENDED SOUTH LINE OF
LOT 2 OF SAID CSM NUMBER 6382; THENCE S89°41 '31 "E, 288.88 FEET ALONG SAID
EXTENDED SOUTH LINE AND SOUTH LINE OF LOT 2 OF CSM NUMBER 6382 TO
THE SOUTHEAST CORNER OF SAID LOT 2; THENCE N00°30'29"W, 170.25 FEET
ALONG THE EAST LINE OF SAID CSM NUMBER 6382 TO THE NORTHWEST¼ OF
SAID CSM NUMBER 6382; THENCE N89°41 31W, 288.88 FEET ALONG THE NORTH
LINE AND EXTENDED NORTH LINE OF SAID CSM NUMBER 6382 TO A POINT ON
THE WEST LINE OF SAID NORTHWEST ¼ OF THE NORTHWEST 1/F OF SECTION
29; THENCE N003029W, 80.00 FEET ALONGSAID WEST LINE TO THE POINT OF
BEGINNING.
SAID AREA CONTAINS 1,342,244 SQUARE FEET OR 30.814 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.
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #21-XXX APPROVE REQUEST TO ATTACH TO THE CITY FROM
TOWN OF ALGOMA / JONES PARK SUBDIVISION VOLUNTARY ATTACHMENT on
April 13, 2021. The ordinance attaches the Jones Park Subdivision to the City from the
Town of Algoma. 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.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
TO: Honorable Mayor and Members of the Common Council
FROM: Jeffrey Nau, Associate Planner
DATE: March 18, 2021
RE: Approve Request to Attach to the City from Town of Algoma/ Jones Park
Subdivision Voluntary Attachment
BACKGROUND
This is a request to attach a large tract of land and adjacent right-of-way from the Town of
Algoma to the City. The proposed attchment is located at the southeast corner of 9th Street
Road and Clairville Road and totals 30.814 acres. The property is undeveloped and is
currently farmed by the petitioner.
The petitioner is requesting the attachment to allow development of a 71-lot single-family
subdivision. The petitioner has shared a preliminary concept of the subdivision with staff and
presented the proposed development at a workshop with the Plan Commission on March 16th
for initial feedback. It is anticipated that a preliminary plat will be submitted to the City
within the coming weeks for review.
ANALYSIS
City sanitary sewer and water main are not immediately available, however, extensions of
these services are included as part of an amendment to the 2021 Capital Improvements
Program. The utility extensions will be included as part of the W. 9th Avenue reconstruction
project with work commencing the week of March 14th. Other City services including police
and fire protection and trash collection will not be an issue as the site is adjacent to the City’s
corporate limits to the north and east.
The petitioner is requesting temporary and permanent zoning designation of Single-Family
Residential-5 (SR-5). The SR-5 District allows single-family uses with average dwelling
densities of 5 units per acre. The propsed subdivision layout is in line with SR-5 base
standards and is the most appropriate designation.
The proposed residential subdivision is consistent with the City’s Comprehensive Land Use
Plan which recommends this and the surrounding area suitable for light density residential
uses. The attachment is compliant with the terms of the intergovernmental agreement
between the City and the Town of Algoma, which has been fully implemented with a
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
Cooperative Plan approved by the State of Wisconsin. The Subject site is identified as Zone C
City Expansion Area which is scheduled to automatically attach on March 1, 2023. However,
the agreement provides for earlier attachments through unanimous consent of the property
owner(s).
FISCAL IMPACT
The extension of the water main and sanitary sewer were included in an amendment to the
2021 Capital Improvements Program Budget and change order to Public Works Contract 21-04
approved by the City Council on March 9, 2021 (Res. 21-109) totaling $423,591.00. The City
will collect approximately $44,000.00 in connection charges once the property is attached to the
City. The property will add approximately $6,400.00 in agricultural-classed assessed value to
the City’s tax roll. Future value, comparing to similar nearby residential develpments in the
City, is estimated increase to over $17 million in assessed value when fully developed.
RECOMMENDATION
The City Council approves the Jones Park Subdivision Voluntary Attachment as proposed.
Respectfully Submitted, Approved:
Jeffrey Nau Mark A. Rohloff
Associate Planner City Manager