HomeMy WebLinkAbout14.22-378SEPTEMBER 13, 2022 22-378 ORDINANCE
FIRST READING
(CARRIED________LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE REQUEST TO ANNEX TO THE CITY FROM THE
TOWN OF OSHKOSH / PONTOONIN HOUSE ANNEXATION;
2538 SHOREWOOD DRIVE AND PART OF 2534 SHOREWOOD
DRIVE
INITIATED BY: JAMES & MICHELLE WORK, LOYAL & KELLY STRAVELER
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY ANNEXING CERTAIN TERRITORY TO THE
CITY OF OSHKOSH.
The Common Council of the City of Oshkosh do ordain as follows:
WHEREAS, an annexation petition duly circulated has heretofore been signed by
the owners of more than 50% of the land in the area within such territory, and a majority
of the electors residing in said territory, notice of intention to circulate an annexation
petition for direct annexation having been duly published, and a copy of said notice with
a scale map reasonably showing the boundaries of the area sought to be annexed and its
relation to the municipalities involved, having been duly served upon the affected
municipal and school district clerks and the Director of the Municipal Boundary Review
of the State of Wisconsin, Department of Commerce within five (5) days of the date of
publication of said notice, adoption of this Ordinance shall constitute acceptance of the
petition of annexation; and
WHEREAS, more than twenty (20) days have lapsed since the publication of the
notice of intention to circulate such annexation petition and not more than one hundred
twenty (120) days have lapsed since the filing of the annexation petition; and
WHEREAS, the Director of the Municipal Boundary Review of the State of
Wisconsin, Department of Commerce has issued their opinion that the annexation is not
contrary to the public interest; and
SEPTEMBER 13, 2022 22-378 ORDINANCE
FIRST READING CONT’D
WHEREAS, the Plan Commission of the City of Oshkosh has recommended that
said property be temporarily zoned as follows: Single Family Residential-5 with
Lakefront Residential Overlay (SR-5-LRO).
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
SECTION 1. The following described territory, pursuant to a duly circulated and
filed annexation petition for direct annexation is hereby annexed to and made part of the
City of Oshkosh, a municipal corporation located in Winnebago County, and subject to
all the laws governing the same, all in accordance with Section 66.0217 of the Wisconsin
Statutes and the amendments as described in the attached "Exhibit A”.
SECTION 2. Sections 1-28 and 1-29 of the Oshkosh Municipal Code pertaining to
Boundaries and 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) of the Wisconsin Statutes
and the City Clerk shall give written notice to the appropriate Town Clerk of the
acceptance of the annexation petition and the adoption of this Ordinance.
SECTION 4. Said property hereinabove described is hereby temporarily zoned as
follows: Single Family Residential-5 with Lakefront Residential Overlay (SR-5-LRO).
SECTION 5. This Ordinance shall be in full force and effect from and after its
passage and publication.
"EXHIBIT A"
PONTOONIN HOUSE ANNEXATION
BEING ALL OF LOT 8 AND PART OF LOT 7 IN THE REPLAT OF OAKWOOD BEACH
PLAT AND ADJACENT EASTERLY ½ OF SHOREWOOD DRIVE (FORMERLY
OAKWOOD DRIVE), LOCATED IN GOVERNMENT LOT 1 OF SECTION 7,
TOWNSHIP 18 NORTH, RANGE 17 EAST AND THE SOUTHEAST ¼ OF THE
NORTHEAST ¼ OF SECTION 12, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN
OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED
AS FOLLOWS:
COMMENCING FROM THE NORTHWEST CORNER OF SAID SECTION 7,
TOWNSHIP 18 NORTH, RANGE 17 EAST; THENCE N89°11’01”E, 472.35 FEET ALONG
THE NORTH LINE OF SAID SECTION 7 TO A POINT ON THE EXTENDED
CENTERLINE OF SHOREWOOD DRIVE LOCATED SOUTH OF NICOLET AVENUE;
THENCE S17°25’15”W, 2,020.76 FEET, ALONG SAID EXTENDED CENTERLINE AND
CENTERLINE OF SHOREWOOD DRIVE TO THE EXTENDED NORTH LINE OF LOT
8 OF THE REPLAT OF OAKWOOD BEACH PLAT AND POINT OF BEGINNING;
THENCE S72°46’44”E, 230.00 FEET ALONG SAID EXTENDED NORTH LINE AND
NORTH LINE OF SAID LOT 8 TO A POINT ON A MEANDER LINE, SAID POINT
BEING N72°46’44”W, 30 FEET MORE OR LESS FROM THE SHORELINE OF LAKE
WINNEBAGO; THENCE S34°06’13”W, 104.50 FEET ALONG SAID MEANDER LINE TO
A POINT THAT IS N72°46’44”W, 13 FEET MORE OR LESS FROM THE SHORELINE OF
SAID LAKE, ALSO BEING A POINT ON THE SOUTH LINE OF LOT 7 OF THE REPLAT
OF OAKWOOD BEACH PLAT; THENCE N72°46’44”W, 50.00 FEET ALONG SAID
SOUTH LINE; THENCE N17°25’15”E, 50.00 FEET TO A POINT ON THE NORTH LINE
OF SAID LOT 7; THENCE N72°46’44”W, 150.00 FEET ALONG SAID NORTH LINE
AND EXTENDED NORTH LINE OF LOT 7 TO THE CENTERLINE OF SHOREWOOD
DRIVE; THENCE N17°25’15”E, 50.00 FEET ALONG SAID CENTERLINE TO THE
POINT OF BEGINNING; ALSO INCLUDING ALL LANDS LYING BETWEEN SAID
MEANDER LINE AND THE SHORELINE OF LAKE WINNEBAGO AND THE
EXTENSION OF THE NORTHERLY AND SOUTHERLY BOUNDARY LINES TO SAID
SHORELINE LINE. SAID AREA CONTAINS 16,673 SQUARE FEET OR 0.383 ACRES,
MORE OR LESS.
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: Mark Lyons, Planning Services Manager
DATE: September 8, 2022
RE: Approve Request to Annex to the City from the Town of Oshkosh / Pontoonin
House Annexation; 2538 Shorewood Drive and Part of 2534 Shorewood Drive
BACKGROUND
The petitioners are requesting direct annexation (majority land in area and real property in
assessed value) of approximately 0.383 acres of land currently located on Shorewood Drive in
the Town of Oshkosh. James and Michelle Work and Loyal and Kelly Straveler are requesting
approval of an annexation of two lots totaling approximately 0.383 acres located at 2534 and
2538 Shorewood Drive in the Town of Oshkosh. The site is located on the east side of Shorewood
Drive and fronts Lake Winnebago to the east. The land includes all of Lot 8 of the Replat of
Oakwood Beach Plat (2538 Shorewood Drive) and the easterly portion of Lot 7 (2534 Shorewood
Drive). The subject site is undeveloped and has a Winnebago County zoning designation of R-
2, Suburban Residential District (Subdivided). The surrounding area is a well-established low
density residential neighborhood adjacent to Lake Winnebago to the east.
In 1980, Frank Straveler petitioned the City of Oshkosh to annex Lot 7 of the Replat of Oakwood
Beach Plat. His original intent was to annex the entire lot, however annexing the entire parcel
would have created a town island (land not contiguous to the rest of the Town) with the
properties to the south which were still in the Town. Creating town islands is not allowed per
state annexation law. As a solution, the Common Council approved annexation of only the front
120 feet of Lot 7 which maintained a Town connection to the south. Mr. Straveler signed an
agreement which stated at such time an adjacent property annexed to the City, the rear portion
of Lot 7 would be required to annex to the City. This condition was imposed on any future
owners of the property.
ANALYSIS
James and Michelle Work recently purchased Lot 8 with the intent to construct a single family
dwelling. It is their wish to have the new house connected to city sanitary sewer and water. The
Comprehensive Plan designates this area as appropriate for light density residential use and the
proposed zoning permits the existing single family use for the property by-right. Loyal and
Kelly Straveler’s property is east of their house which is currently in the City. The land is
undeveloped and is used for yard space with their house property.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
The petitioners request the property be annexed with a Single Family Residential-5 with
Lakefront Residential Overlay (SR-5-LRO) District zoning classification to match the adjacent
SR-5-LRO City zone district to the south, which is comparable to the current Town’s Suburban
Residential District (Subdivided) (R-2) zoning. The proposed zoning is also consistent with the
Comprehensive Plan 2040’s Light Density Residential recommendation.
The Department of Public Works has reviewed the request and reported that City sanitary sewer
and water main were constructed in front of the property in 1975. Sanitary sewer and water
laterals have been stubbed to the property line so the street will not need to be excavated for
connections. The Oshkosh Fire and Police Departments have reviewed the annexation request
and do not have any concerns with providing services to this property.
RECOMMENDATION
The Plan Commission recommended approval of the annexation request on August 16, 2022.
Please see the attached staff report and meeting minutes for more information.
Respectfully Submitted, Approved:
Mark Lyons Mark A. Rohloff
Planning Services Manager City Manager
ITEM: PUBLIC HEARING: PONTOONIN HOUSE ANNEXATION FROM THE TOWN OF
OSHKOSH, 2538 SHOREWOOD DRIVE AND PART OF 2534 SHOREWOOD
DRIVE
Plan Commission meeting of September 6, 2022.
GENERAL INFORMATION
Petitioner/Property Owner: James & Michelle Work, Loyal & Kelly Straveler
Action(s) Requested:
The petitioners are requesting direct annexation (majority land in area and real property in assessed
value) of approximately 0.383 acres of land currently located on Shorewood Drive in the Town of
Oshkosh.
This item was first reviewed by Plan Commission on August 16, 2022. Proper notification was not sent to the
Town Clerk and Oshkosh Area School District so this request will be presented once again in accordance with
state statute.
Applicable Ordinance Provisions:
Procedures concerning annexations are located within Section 30-360 of the City of Oshkosh Zoning
Ordinance as well as within Section 66.0217 of the WI State Statutes.
Property Location and Background Information:
James & Michelle Work, Loyal & Kelly
Straveler are requesting approval of an
annexation of two lots totaling approximately
0.383 acres located at 2534 and 2538
Shorewood Drive in the Town of Oshkosh.
The site is located on the east side of
Shorewood Drive and fronts Lake Winnebago
to the east. The land includes all of Lot 8 of the
Replat of Oakwood Beach Plat (2538
Shorewood Drive) and the easterly portion of
Lot 7 (2534 Shorewood Drive)
In 1980, Frank Straveler petitioned the City of Oshkosh to annex Lot 7 of the Replat of Oakwood
Beach Plat. His original intent was to annex the entire lot, however annexing the entire parcel would
have created a town island (land not contiguous to the rest of the Town) with the properties to the
south which were still it the Town. Creating town islands is not allowed per state annexation law. As
a solution, the Common Council at that time approved to annex only the front 120 feet of Lot 7 which
maintained a Town connection to the south. Mr. Straveler signed an agreement which stated at such
time an adjacent property annexed to the City, the rear portion of Lot 7 would be required to annex to
the City. This condition was imposed on any future owners of the property.
ITEM VI – Pontoonin House Annexation 2
The subject site is undeveloped and has a Winnebago County zoning designation of R-2, Suburban
Residential District (Subdivided). The surrounding area is a well-established low density residential
neighborhood adjacent to Lake Winnebago to the east.
Subject Site
Existing Land Use Zoning
Vacant/Undeveloped
Suburban Residential District (Subdivided) (R-2)
(Town of Oshkosh)
Adjacent Land Use and Zoning
Existing Uses Zoning
North Single-Family Dwelling
Suburban Residential District (Subdivided) (R-2)
(Town of Oshkosh)
South Single-Family Dwelling
Single-Family Residential-5 with Lakefront
Residential Overlay (SR-5-LRO)
East Lake Winnebago N/A
West Single-Family Dwelling Single-Family Residential-3 (SR-3)
Comprehensive Plan
Land Use Recommendation Land Use
Comprehensive Plan 2040 Recommendation Light Density Residential
ITEM VI – Pontoonin House Annexation 3
ANALYSIS
James and Michelle Work recently purchased Lot 8 with the intent to construct a single family
dwelling. It is their wish to have the new house connected to city sanitary sewer and water which
prompted this request. The Comprehensive Plan designates this area as appropriate for light density
residential use and the proposed zoning permits the existing single family use for the property by-
right.
Loyal & Kelly Straveler’s property is east of their house which is currently in the City. The land is
undeveloped and is used for yard space with their house property.
The petitioners request the property be annexed with a Single Family Residential-5 with Lakefront
Residential Overlay (SR-5-LRO) District zoning classification to match the adjacent SR-5-LRO City
zone district to the south and is comparable to the current Town’s Suburban Residential District
(Subdivided) (R-2) zoning. The proposed zoning is also consistent with the Comprehensive Plan
2040’s Light Density Residential recommendation.
The Department of Public Works has reviewed the request and reported that City sanitary sewer and
water main were constructed in front of the property in 1975. Sanitary sewer and water laterals have
been stubbed to the property line so the street will not need to be excavated for connections. The
Oshkosh Fire and Police Departments have reviewed the annexation request and do not have any
concerns with providing services to this property.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the Pontoonin House Annexation with temporary and permanent
zonings of Single Family Residential-5 with Lakefront Residential Overlay (SR-5-LRO) District as
requested.
The Plan Commission recommended approval of the annexation as requested on August 16, 2022. The
following is their discussion on the item.
Site Inspections Report: Ms. Davey reported visiting the site.
Staff report accepted as part of the record.
The petitioners are requesting direct annexation (by unanimous approval) of approximately 0.383
acres of land currently located on Shorewood Drive in the Town of Oshkosh.
Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and
zoning classifications in this area. James and Michelle Work recently purchased Lot 8 with the intent
to construct a single family dwelling. It is their wish to have the new house connected to city
sanitary sewer and water which prompted this request. The Comprehensive Plan designates this area
as appropriate for light density residential use and the proposed zoning permits the existing single
family use for the property by- right.
Loyal & Kelly Straveler’s property is east of their house which is currently in the City. The land is
ITEM VI – Pontoonin House Annexation 4
undeveloped and is used for yard space with their house property.
The petitioners request the property be annexed with a Single Family Residential-5 with Lakefront
Residential Overlay (SR-5-LRO) District zoning classification to match the adjacent SR-5-LRO City
zone district to the south and is comparable to the current Town’s Suburban Residential District
(Subdivided) (R-2) zoning. The proposed zoning is also consistent with the Comprehensive Plan
2040’s Light Density Residential recommendation.
The Department of Public Works has reviewed the request and reported that City sanitary sewer and
water main were constructed in front of the property in 1975. Sanitary sewer and water laterals have
been stubbed to the property line so the street will not need to be excavated for connections. The
Oshkosh Fire and Police Departments have reviewed the annexation request and do not have any
concerns with providing services to this property. Staff recommends approval with the findings and
conditions as listed in the staff report.
Mr. Perry opened up technical questions to staff.
Ms. Davey asked where the name Pontoonin came from.
Mr. Nau said that it is the name of the LLC.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements.
Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements.
Motion by Kiefer to adopt the findings and recommendation as stated in the staff report.
Seconded by Scheuermann.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 5-0.
The Plan Commission recommended approval of the annexation as requested on September 6, 2022.
The following is their discussion on the item.
Site Inspections Report: Ms. Davey reported visiting the site.
Staff report accepted as part of the record.
The petitioners are requesting direct annexation (majority land in area and real property in assessed
value) of approximately 0.383 acres of land currently located on Shorewood Drive in the Town of
Oshkosh.
This item was first reviewed by Plan Commission on August 16, 2022. Proper notification was not sent to the
Town Clerk and Oshkosh Area School District so this request will be presented once again in accordance with
state statute.
ITEM VI – Pontoonin House Annexation 5
Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and
zoning classifications in this area. James and Michelle Work recently purchased Lot 8 with the intent
to construct a single family dwelling. It is their wish to have the new house connected to city
sanitary sewer and water which prompted this request. The Comprehensive Plan designates this area
as appropriate for light density residential use and the proposed zoning permits the existing single
family use for the property by-right.
Loyal & Kelly Straveler’s property is east of their house which is currently in the City. The land is
undeveloped and is used for yard space with their house property.
The petitioners request the property be annexed with a Single Family Residential-5 with Lakefront
Residential Overlay (SR-5-LRO) District zoning classification to match the adjacent SR-5-LRO City
zone district to the south and is comparable to the current Town’s Suburban Residential District
(Subdivided) (R-2) zoning. The proposed zoning is also consistent with the Comprehensive Plan
2040’s Light Density Residential recommendation.
The Department of Public Works has reviewed the request and reported that City sanitary sewer and
water main were constructed in front of the property in 1975. Sanitary sewer and water laterals have
been stubbed to the property line so the street will not need to be excavated for connections. The
Oshkosh Fire and Police Departments have reviewed the annexation request and do not have any
concerns with providing services to this property. Staff recommends approval with the findings and
conditions as listed in the staff report.
Mr. Perry opened up technical questions to staff.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements.
There were no other public comments on this item.
Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements.
There were no closing statements from the applicant.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Kiefer.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 7-0.
Oshkosh City LimitOshkosh City LimitSHOREWOOD DRSHOREWOOD DRC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 8/4/2022
1 in = 40 ft1 in = 0.01 mi¯SHOREWOOD ANNEXATIONSHOREWOOD ANNEXATION
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
ANNEXATION
SHOREWOOD DR
8/16/2022
TOWN OF OSHKOSH
230 E COUNTY ROAD Y
OSHKOSH, WI 54901
STEVEN J/MONA E LUEHNE
BORDINI
2542 SHOREWOOD DR
OSHKOSH, WI 54901
WILLIAM J/KANDI K KOLARIK
2528 SHOREWOOD DR
OSHKOSH, WI 54901
DAVID/SHARYN KRUMREI
2555 SHOREWOOD DR
OSHKOSH, WI 54901
PETER/ SALLY L ZWIRCHITZ
2545 SHOREWOOD DR
OSHKOSH, WI 54901
JOSEPH/MARIA HOUPY
30 CHICORY LN
DEERFIELD, IL 60015
DANIEL F HICKEY
2600 SHOREWOOD DR
OSHKOSH, WI 54901
LOYAL/KELLY M STRAVELER
2534 SHOREWOOD DR
OSHKOSH, WI 54901
JAMES AND MICHELLE WORKS
598 DODGE ST
LECLAIRE, IA 52753
LORRAINE A NOFFKE REV TRUST
2600 SHOREWOOD DR
OSHKOSH, WI 54901
Oshkosh City Limit
Oshkosh City Limit
SSHHOORREEWWOOOODDDDRRC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 8/4/2022
1 in = 120 ft1 in = 0.02 mi¯SHOREWOOD ANNEXATIONSHOREWOOD ANNEXATION
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
UI
SR-3
SR-3
UI
BP
MR-20
SR-3
MR-12
SR-3
SR-3
SR-3
DR-6
SR-3
DR-6
SR-5
DR-6
MR-20
MR-12
I
SR-5-LRO
SR-5-LRO
MR-20
SR-5-LRO
I
MR-12
SR-5-LRO
Oshkosh City Limit
Oshkosh City Limit
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C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 8/4/2022
1 in = 500 ft1 in = 0.09 mi¯SHOREWOOD ANNEXATIONSHOREWOOD ANNEXATION
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 8/4/2022
1 in = 100 ft1 in = 0.02 mi¯SHOREWOOD ANNEXATIONSHOREWOOD ANNEXATION
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer