The URL can be used to link to this page

Home My WebLink About31. 22-536NOVEMBER 22, 2022 22-506 ORDINANCE FIRST READING DECEMBER 13, 2022 22-536 ORDINANCE SECOND READING (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE REQUEST TO ANNEX TO THE CITY FROM THE TOWN OF OSHKOSH / SOPER ANNEXATION; 3400 JACKSON STREET INITIATED BY: SDJ PROPERTIES, LLC 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 all the real property within such territory and all of the electors residing in said territory; and WHEREAS, Section 66.0217(2) of the Wisconsin Statutes allows for petition to be filed without a notice of intention to circulate in an annexation by unanimous approval; and WHEREAS, said annexation petition together with a description of the territory to be annexed and a scale map showing the boundaries of such territory and its relation to the municipalities involved, having been filed with the City Clerk of the City of Oshkosh and the Town of Oshkosh; and WHEREAS, a copy of said annexation petition together with a description of the territory to be annexed and a scale map having been mailed to the affected municipal and school district clerks and the Director of the Municipal Boundary Review of the State of NOVEMBER 22, 2022 22-506 ORDINANCE FIRST READING DECEMBER 13, 2022 22-536 ORDINANCE SECOND READING CONT’D Wisconsin, Department of Commerce within five (5) days of the filing of said petition; and WHEREAS, 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 his opinion that the annexation is not contrary to the public interest; and WHEREAS, the petitioners have requested that the annexation ordinance temporarily designate the classification of the annexed area for zoning purposes; and WHEREAS, the Plan Commission of the City of Oshkosh is recommending that said property be temporarily zoned as follows: Heavy Industrial District (HI) 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, more specifically to the 15th Ward of said City and subject to 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 NOVEMBER 22, 2022 22-506 ORDINANCE FIRST READING DECEMBER 13, 2022 22-536 ORDINANCE SECOND READING CONT’D acceptance of the annexation petition and the adoption of this Ordinance. SECTION 4. Said property hereinabove described is hereby temporarily zoned as follows: Heavy Industrial District (HI) SECTION 5. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #22-536 APPROVE REQUEST TO ANNEX TO THE CITY FROM THE TOWN OF OSHKOSH / SOPER ANNEXATION; 3400 JACKSON STREET on December 13, 2022. The Ordinance annexed property to the City of Oshkosh. 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. "EXHIBIT A" SOPER ANNEXATION PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 1, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST ¼ OF SAID SECTION 1; THENCE N00°24’02”W, 665.39 FEET ALONG THE WEST LINE OF SAID NORTHWEST ¼; THENCE N88°54’47”E, 47.09 FEET TO THE EAST RIGHT-OF-WAY LINE OF JACKSON STREET, AND POINT OF BEGINNING; THENCE CONTINUING N88°54’47”E, 274.07 FEET ALONG THE SOUTH LINE OF LANDS DESCRIBED PER DOCUMENT NO. 1888071, WINNEBAGO COUNTY REGISTER OF DEEDS, TO THE EAST LINE OF SAID LANDS; THENCE N00°31’48”W, 293.48 FEET ALONG SAID EAST LINE, TO THE SOUTH LINE OF LOT 2 OF CERTIFIED SURVEY MAP NO. 2199, RECORDED AS DOCUMENT NUMBER 745654, WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE S88°54’47”W, 273.03 FEET ALONG SAID SOUTH LINE TO THE EAST RIGHT-OF-WAY LINE OF SAID JACKSON STREET; THENCE S00°19’40”E, 293.49 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 1.843 ACRES (80,280 SQUARE FEET) OF LAND 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: November 17, 2022 RE: Approve Request to Annex to the City from the Town of Oshkosh / Soper Annexation; 3400 Jackson Street BACKGROUND SDJ Properties, LLC is requesting approval of an annexation by unanimous approval of a single lot totaling approximately 1.843 acres located at 3400 Jackson Street in the Town of Oshkosh. The site is located on the east side of Jackson Street approximately a third of a mile south of Snell Road. The land is un-platted and approximately 293 feet wide by 274 feet deep. The subject site is contains a single family house that was part of a former farmstead. The site also contains several agricultural-related outbuildings, gravel driveway, and a parking area. The property has a Town of Oshkosh Residential District (Non-subdivided) (RT-1) zoning designation. The surrounding area is developed with industrial uses to the north and east, commercial auto sales and service to the west, and undeveloped /agricultural uses to the south. The property will be annexed with a proposed zoning of Heavy Industrial District (HI) which is consistent with the zoning to the north and the Comprehensive Plan’s Industrial land use recommendation. ANALYSIS Soper Companies recently acquired the two properties north of the subject site which are being used as a multi-use contractor’s yard that offers several types of services. The owners are currently in the early stages of a Planned Development review for site improvements. Part of the development plan includes the subject site which must be annexed into the City to allow the proposed changes to the site. The Department of Public Works has reviewed the request and reported that City sanitary sewer and water main, if needed, were constructed in front of the property in 1984 and 1989, respectively. The Oshkosh Fire and Police Departments have reviewed the annexation request and do not have any concerns with providing services to the property. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us FISCAL IMPACT Approval of this project will result in approximately $5,400 of required connection charges by the applicant. RECOMMENDATION The Plan Commission recommended approval of the annexation as requested on November 15, 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: SOPER ANNEXATION FROM THE TOWN OF OSHKOSH, 3400 JACKSON STREET Plan Commission meeting of November 15, 2022. GENERAL INFORMATION Petitioner/Property Owner: SDJ Properties, LLC Action(s) Requested: The petitioners are requesting direct annexation (by unanimous approval) of approximately 1.843 acres of land currently located at 3400 Jackson Street in the Town of Oshkosh. 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: Ethan Engel, care of SDJ Properties, LLC is requesting approval of an annexation of a single lot totaling approximately 1.843 acres located at 3400 Jackson Street in the Town of Oshkosh. The site is located on the east side of Jackson Street approximately a third of a mile south of Snell Road. The land is unplatted, approximately 293 feet wide by 274 feet deep. The subject site is contains a single family house, part of a former farmstead. The site also contains several agricultural-related outbuildings, gravel driveway and parking area. The property has a Town of Oshkosh Residential District (Non-subdivided) (RT-1) zoning designation. The surrounding area is developed with industrial uses to the north and east, commercial auto sales and service to the west, and undeveloped /agricultural uses to the south. The property will be annexed with a proposed zoning of Heavy Industrial District (HI) which is consistent with the zoning to the north and the Comprehensive Plan’s Industrial land use recommendation. Subject Site Existing Land Use Zoning Vacant/Undeveloped Suburban Residential District (Subdivided) (R-1) (Town of Oshkosh) Adjacent Land Use and Zoning Existing Uses Zoning North Industrial Heavy Industrial District (HI) South Single-Family Dwelling, Agricultural Suburban Residential District (Subdivided) (R-1) (Town of Oshkosh) ITEM II – Soper Annexation 2 East Vacant/Undeveloped Suburban Residential District (Subdivided) (R-1) (Town of Oshkosh) West Commercial Suburban Mixed Use District (SMU) Comprehensive Plan Land Use Recommendation Land Use Comprehensive Plan 2040 Recommendation Industrial ANALYSIS Soper Companies recently acquired the two properties north of the subject site and is being used as a multi-use contractor’s yard which offers several types of services. The owners are currently in the early stages of a Planned Development review for site improvements. Part of the development plan includes the subject site which must be annexed into the City to allow the proposed changes to the site. The Comprehensive Plan designates this area as appropriate for industrial use which is consistent with the proposed HI Zoning District and proposed/existing use. ITEM II – Soper Annexation 3 The Department of Public Works has reviewed the request and reported that City sanitary sewer and water main, if needed, were constructed in front of the property in 1984 and 1989, respectively. 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 Soper Annexation with temporary and permanent zonings of Heavy Industrial District (HI) as requested. The Plan Commission recommended approval of the annexation as requested on November 15, 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 1.843 acres of land currently located at 3400 Jackson Street 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. Soper Companies recently acquired the two properties north of the subject site and is being used as a multi-use contractor’s yard which offers several types of services. The owners are currently in the early stages of a Planned Development review for site improvements. ITEM II – Soper Annexation 4 Part of the development plan includes the subject site which must be annexed into the City to allow the proposed changes to the site. The Comprehensive Plan designates this area as appropriate for industrial use which is consistent with the proposed HI Zoning District and proposed/existing use. The Department of Public Works has reviewed the request and reported that City sanitary sewer and water main, if needed, were constructed in front of the property in 1984 and 1989, respectively. 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. Ethan Engel, 3420 Jackson St; said they are looking to combine the properties because they are out of storm water compliance and they would like to combine them all into a multi-use yard for the contractors use and storage for equipment. There were no 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 Bowen. Mr. Perry asked if there was any discussion on the motion. Mr. Mitchell asked if there was any concern or discussion regarding heavy industrial use next door to residential. Mr. Lyons said in this instance no because of how they are laying it out. The property is being acquired for the storm water pond because the current sites are out of compliance and they need to put in storm water facilities. The development that’s going to be adjacent to it will be storm water related and those properties to the south are also slated for heavy industrial long term. Mr. Mitchell asked if there are any requirements or restrictions given the interest in Jackson Street’s appearance where the storm water retention has to meet some sort of standard for landscaping. Mr. Lyons said that this will be coming back as a Planned Development, but this is the first step before it can be rezoned. When it goes forward with the Planned Development they will work with the applicant. Mr. Mitchell asked if the lot behind 3400 Jackson Street is up for discussion with this item. Mr. Lyons said no because that is in the town of Oshkosh. ITEM II – Soper Annexation 5 Mr. Mitchell said it’s too bad the frontage is going to be torn down for nothing while the back lot remains unused. Mr. Lyons said they are currently separate lots. Motion carried 9-0. October 17, 2022 Request for Annexation and Rezone Project: Soper Companies Current Site Address: 3400 Jackson Street, Oshkosh, WI 54901 Soper Companies is requesting annexation and rezoning to Heavy Industrial, the 1.83-acre property at 3400 Jackson Street (tax ID number 018-0015); said property is currently located in the Town of Oshkosh. Soper Companies owns the two (2) parcels north of 3400 Jackson Street, 3420 Jackson Street (tax ID number 91519603901) and 3454 Jackson Street (tax ID number 91519603902), which are currently located in the City of Oshkosh. Annexation and rezoning of the 3400 Jackson Street property will allow Soper Companies to combine all three (3) of the properties into one (1), 7.82-acre (340,488 SF), parcel to provide additional area for business expansion. Pending the approval of the requested annexation and rezoning, Soper Companies proposes to redevelop the newly annexed portion of the property into a secure material laydown area and onsite stormwater management facilities to treat stormwater from the proposed impervious areas and portions of the existing impervious areas on their property. Please see the attached legal description of the property to be annexed and rezoned. Respectfully, Ethan Engel Soper Companies ARCHITECTS ● ENGINEERS ● SURVEYORSAlways aBetter Plan 100 Camelot DriveFond Du Lac, WI 54935Phone: (920) 926-9800www.EXCELENGINEER.com JOB NO. 2271120 ANNEXATION 3400 JACKSTON ST PC: 11/15/2022 CROWN CORK & SEAL CO INC 770 TOWNSHIP LINE RD YARDLY, PA 19067 JACOBS, TREVOR W KAESLER, ARIANNA L, ET AL. 3370 JACKSON ST OSHKOSH, WI 54901 BERGSTROM FORD OF OSHKOSH INC 1 NEENAH CENTER STE 700 NEENAH, WI 54956 TOWN CLERK 1076 COZY LN OSHKOSH, WI 54901 SDJ PROPERTIES LLC 139 E PACKER AVE OSHKOSH, WI 54901 Oshkosh City LimitOshkosh City LimitJACKSON STJACKSON STL O G A N D RLOGAN D R C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/25/2022 1 in = 120 ft1 in = 0.02 mi¯3340 JACKSON ST3340 JACKSON ST 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 HI I SMU SR-3 I SR-5 MR-20-PD MR-12 SMU I DR-6SR-5 SR-9 SMU-PD I BP-PD BP MR-12 SR-3DR-6 Oshkosh City LimitOshkosh City Limit N MAIN STN MAIN STJACKSON STJACKSON STW SNELL RDW SNELL RD W FERNAU AVW FERNAU AV E SNELL RDE SNELL RD E FERNAU AVE FERNAU AV OLSON AVOLSON AV LLOOGGAANNDDRREICHSTADT RDEICHSTADT RDANDERSON STANDERSON STFARMINGTON AVFARMINGTON AV ZION STZION STC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/25/2022 1 in = 500 ft1 in = 0.09 mi¯3340 JACKSON ST3340 JACKSON ST 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: 10/25/2022 1 in = 100 ft1 in = 0.02 mi¯3340 JACKSON ST3340 JACKSON ST 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 TONY EVERS GOVERNOR KATHY BLUMENFELD SECRETARY-DESIGNEE Municipal Boundary Review PO Box 1645, Madison WI 53701 Voice (608) 264-6102 Fax (608) 264-6104 Email: wimunicipalboundaryreview@wi.gov Web: http://doa.wi.gov/municipalboundaryreview December 8, 2022 PETITION FILE NO. 14542 JESSI BALCOM, CLERK CITY OF OSHKOSH PO BOX 1130 OSHKOSH, WI 54903-1130 JEANNETTE MERTEN, CLERK TOWN OF OSHKOSH 1076 COZY LN OSHKOSH, WI 54901-1404 Subject: SDJ PROPERTIES LLC ANNEXATION The proposed annexation submitted to our office on November 18, 2022, has been reviewed and found to be in the public interest. In determining whether an annexation is in the public interest, s. 66.0217 (6), Wis. Stats. requires the Department to examine "[t]he shape of the proposed annexation and the homogeneity of the territory with the annexing village or city…." so as, to ensure the resulting boundaries are rational and compact. The statute also requires the Department to consider whether the annexing city or village can provide needed municipal services to the territory. The subject petition is for territory that is reasonably shaped and contiguous to the City of Oshkosh, which is able to provide needed municipal services. The Department reminds clerks of annexing municipalities of the requirements of s. 66.0217 (9)(a), Wis. Stats., which states: "The clerk of a city or village which has annexed shall file immediately with the secretary of administration a certified copy of the ordinance, certificate and plat, and shall send one copy to each company that provides any utility service in the area that is annexed. The clerk shall record the ordinance with the register of deeds and file a signed copy of the ordinance with the clerk of any affected school district..." State and federal aids based on population and equalized value may be significantly affected through failure to file with the Department of Administration. Please file a copy of your annexing ordinance, including a statement certifying the population of the annexed territory. Please include your MBR number 14542 with your ordinance. Ordinance filing checklist available at http://mds.wi.gov/, click on "Help on How to Submit Municipal Records". Email scanned copy of required materials (color scan maps with color) to mds@wi.gov or mail to: Wisconsin Department of Administration, Municipal Boundary Review, PO Box 1645, Madison WI 53701-1645. The petition file is available for viewing at: http://mds.wi.gov/View/Petition?ID=2616 Please call me at (608) 264-6102, should you have any questions concerning this annexation review. Sincerely, Erich Schmidtke, Municipal Boundary Review cc: petitioner