Loading...
HomeMy WebLinkAbout26. 22-452SEPTEMBER 13, 2022 22-378 ORDINANCE FIRST READING OCTOBER 25, 2022 22-452 ORDINANCE SECOND READING (CARRIED 7-0 LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: APPROVE REQUEST TO ANNEX TO THE CITY FROM THE TOWN OF OSHKOSH / PONTOONIN HOUSE ANNEXATION; 2538 SHOREWOOD DRIVE AND PART OF 2534 SHOREWOOD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 SEPTEMBER 13, 2022 22-378 ORDINANCE FIRST READING OCTOBER 25, 2022 22-452 ORDINANCE SECOND READING CONT’D 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 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. 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 ·YTNUOC"A BOWEN STBOWEN STNICOLET AVNICOLET AV SHOREWOOD DRSHOREWOOD DRMALLARD AVMALLARD AV WWHHIITTEESSWWAANNDDRR EVANS STEVANS STGROVE STGROVE STGGRREEEENNWWOOOODD CCTT DOEMEL STDOEMEL STHAZEL STHAZEL STFAIRVIEW STFAIRVIEW STBAVARIAN CTBAVARIAN CT E SMITH AVE SMITH AV DDOOCCTTOORRSS CCTT LLEEEEWWAARRDD CCTT WW PORTSIDE CTPORTSIDE CT HHAARRBBOORRVVIIEEWW CCTT 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 PETITION OF ELECTORS AND PROPERTY OWNERS FOR DIRECT ANNEXATION TO THE COMMON COUNCIL OF THE CI^ OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN: WHEREAS, we, the undersigned, constihjting a number of electors equal to at least a majority of the votes cast for governor in the territory described below at the last gubernatorial election and the owners of at least ( لا2 of the land in area)( إا2 of the real property in assessed value) in the following territory of the Town of Oshkosh, Winnebago County, Wisconsin, lying conti^ous to the City of Oshkosh respectfully pehtion the Common Council of the City of Oshkosh to annex the territory described below and shown on the attached scale map to the City of Oshkosh, Winnebago County, Wisconsin: PONTOONIN HOUSE ANNEXATION BEING ALL OF LOT 8 AND PART OF LOT 7 IN THE REPLAT OF OAKWOOD BEACH PLAT AND ADJACENT EASTERLY اا2 OF SHOREWOOD DRIVE (FORMERLY OAKWOOD DRIVE), LOCATED IN GOVERNMENT LOT 1 OF SECTION 7, TOWNSHIP 18 NORTH, RANGE 17 EAST AND THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING SECTION 7, TOWNSHIP 18 NORTH, RANGE 17 EAST; THENCE Ν89.11Ό1Ε, 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 S17٥25'15"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; mENCE 572٥46'44"Ε, 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 N72٠46'^"w, 30 FEET MORE OR LESS FROM THE SHORELINE OF LAKE WINNEBAGO; THENCE S34٥0613"W, 104.50 FEET ALONG SAID MEANDER LINE TO A POINT THAT IS N72٠46'44"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 N72٠46'44"w, 50.00 FEET ALONG SAID SOUTH LINE; TOENCE N17٠25'15"E, 50.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 7; THENCE N72٠46'44"W, 150.00 FEET ALONG SAID NORTH LINE AND EXTENDED NORTH LINE OF LOT 7 TO THE CENTERLINE OF SHOREWœD DRIVE; THENCE N17٠2515"E, 50.00 FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNING; ALSO INCLUDING ALL LANDSLYINGBETOEEN SAID MEANDER LINE AND THE SHORELINE OF LAKE WINNEBAGO AND THE EXTENSION OF THE NORTOERLY AND SOUTHERLY BOUNDARY LINES TO SAID SHORELINE LINE. SAID AREA CONTAINS 16,673 SQUARE FEET OR 0.383 ACRES, MORE OR LESS. PONTOONIN HOUSE ANNEXATION PETITION That the current population of the territory to be annexed as defined by Sec. 66.0201 (2)(dm) of the Wisconsin Stahjtes is Zero (01 . We, the undersigned, elect that this annexation shall take effect to the full extent consistent with outstanding priorities of other annexation, incorporahon or consolidation proceedings, if any. We, the petitioners, affirm that within five (5) days of the filing of this petihon we will mail a copy of the Notice of Intent, scale map and legal description of the territory proposed to be annexed to the Department of Administration.. We further respectfully request that the subject property be zoned: single Family Residential - 5 with Lakefront Residential Overlay (SR-5-LR01 Address or Description of Property Signature of Petitioner Post Office Address Owner/ Elector Date Signed Printed Name ^ntoonin House LLC c/o James Work 598 Dodge Street LeCIaire, lA 52753 \0¡b¡2í Owner Tax ID 0181828 هدسطHi¡Pontoonin House LLC Michelle Work"cfo 598 Dodge Street LeClaire, lA 52753 гг|؟.|1о Owner Tax ID 0181828 * This requirement applicable only in annexation proceedings within counties with a population of 50,000 or more. If owner, write "owner” In appropriate box; If elector, write "elector” in appropriate box.