HomeMy WebLinkAbout09-398OCTOBER 13, 2009 09 -398 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY OF OSHKOSH
FROM THE TOWN OF ALGOMA / ARNOLDUSSEN- HARTZEIM
VOLUNTARY ATTACHMENT / 1900 -1940 SOUTH WASHBURN
STREET
INITIATED BY: TODD ARNOLDUSSEN & MARK HARTZEIM, PETITIONERS
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 zoning of C -2 General
Commercial; 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.
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
OCTOBER 13, 2009 09 -398 ORDINANCE
CONT'D
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:
A PARCEL OF LAND LOCATED IN THE SOUTHEAST Y4 OF SECTION 28, TOWNSHIP
18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY,
WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE
SOUTHEAST CORNER OF SECTION 28; THENCE NORTH 00 0 18'17" EAST, 140.63
FEET ALONG THE EAST LINE OF THE SOUTHEAST Y4 OF SECTION 28; THENCE
NORTH 89 0 53'15" WEST, 142.25 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING NORTH 89 0 53'15" WEST 34.23 FEET ALONG THE NORTH RIGHT -OF-
WAY LINE OF W. 20 AVENUE; THENCE 299.57 FEET ALONG SAID LINE AND THE
ARC OF A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 5,779.21 FEET
WHOSE CHORD BEARS SOUTH 88 0 37'39.4" WEST, 299.54 FEET; THENCE NORTH
28 0 22'32" WEST, 92.84 FEET ALONG THE EASTERLY LINE OF S. WASHBURN
STREET; THENCE 325.15 FEET ALONG SAID EASTERLY LINE AND THE ARC OF A
CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 512.96 FEET WHOSE
CHORD BEARS NORTH 33 0 47'14" EAST, 319.73 FEET; THENCE NORTH 51
EAST, 129.45 FEET ALONG SAID EASTERLY LINE; THENCE 386.10 FEET ALONG
SAID EASTERLY LINE AND THE ARC OF A CURVE CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 632.96 FEET WHOSE CHORD BEARS NORTH 34 0 28'16" EAST,
380.14 FEET; THENCE SOUTH 00 0 14'49" WEST, 472.71 FEETALONG THE WEST LINE
OF U.S.H. "41 "; THENCE SOUTH 23 0 48'22" WEST, 285.03 FEET ALONG SAID WEST
LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 180,938 SQUARE
FEET OR 4.154 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 as follows: C -2
General Commercial.
SECTION 5. This Ordinance shall be in full force and effect on the Sunday after its
passage and publication.
OCTOBER 13, 2009 09 -398 ORDINANCE
CONT'D
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #09 -xxx APPROVE REQUEST TO ATTACH TO THE CITY OF
OSHKOSH FROM THE TOWN OF ALGOMA /ARNOLDUSSEN- HARTZEIM VOLUNTARY
ATTACHMENT — 1900 -1940 SOUTH WASHBURN STREET on October 27, 2009. The
Ordinance attached property from the Town of Algoma to the City of Oshkosh generally
located at 1900 -1940 S. Washburn Street. 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.
OfHKOfH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich, Director of Planning Services
DATE: October 6, 2009
RE: Approve Request to Attach to the City of Oshkosh from the Town of Algoma / Arnoldussen-
Hartzeim Voluntary Attachment — 1900 -1940 South Washburn Street
BACKGROUND /SUBJECT PROPERTY
This is a voluntary attachment of approximately 4.15 acres of land located at the northeast corner of S.
Washburn Street and W. 20` Avenue, known as 1900 -1940 S. Washburn Street. The subject property is a "town
island" located in the Town of Algoma in an area identified as future City expansion area per the Cooperative
Plan between the City and Town of Algoma.
The purpose of the attachment is to obtain city services (sewer and water) for an existing multiple- tenant
commercial structure, which site also contains seven mini warehouse buildings.
ANALYSIS
City sanitary sewer and water are available for immediate connection off S. Washburn Street and W. 20th
Avenue. Connection charges will be due prior to connection to City sanitary sewer and water main. The
connection charge for sanitary off S. Washburn St. will be approximately $3,781.65 and two water main
connections, one off S. Washburn St. and one off W. 20th Ave., will be approximately $5,989.90.
The property is requesting to be attached with a zoning of C -2 General Commercial District in which the
existing commercial use is permitted by right, while the warehousing will become a legal nonconforming use.
The warehousing operation may continue until such time the use is discontinued for 12 consecutive months, or
is removed or damaged beyond 50% of its current assessed value, but use may be extended or re- established
with a conditional use permit. Other services provided by the City (police, fire, etc.) should not be an issue as
these services are provided to all of the adjacent properties.
FISCAL IMPACT
Based on the assessed values of land in the vicinity, the subject property should add approximately $274,500 in
equalized land value and $970,100 in equalized improvement value, totaling $1,244,600 in equalized value to
the City.
RECOMMENDATION
It appears that the Arnoldussen - Hartzeim Voluntary Attachment is in the best interest of the City as it will
eliminate a Town Island and I recommend approval as requested.
Approved,
City Manager
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 Algoma have adopted a Cooperative PIan as set forth in s. 66.0307, Wis.
Stats., approved by the Wisconsin Department of Administration, that identifies areas within the Town of Algoma as 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 Algoma;
WHEREAS, the proposed territory to be attached is located within the designated Expansion Area of the Town of Algoma
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 zero (0).
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 Algoma, for attachment to the City of
Oshkosh, Wisconsin, from the Town of Algoma, Winnebago County, Wisconsin, of the real estate hereinafter described as
follows:
ARNOLDUSSEN- HARTZEIM VOLUNTARY ATTACHMENT
A PARCEL OF LAND LOCATED IN THE SOUTHEAST ' / OF SECTION 28. TOWNSHIP 18 NORTH, RANGE 16
EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS
FOLLOWS:
COMMENCING FROM THE SOUTHEAST CORNER OF SECTION 28; THENCE NORTH 00 °18'l 7" EAST, 140.63
FEET ALONG THE EAST LINE OF THE SOUTHEAST V4 OF SECTION 28; THENCE NORTH 89'53'15" WEST,
142.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 °53' 15" WEST 34.23 FEET
ALONG THE NORTH RIGHT -OF -WAY LINE OF W. 20 AVENUE; THENCE 299.51 FEET ALONG SAID LINE
AND THE ARC OF A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 5,779.21 FEET WHOSE
CHORD BEARS SOUTH 88 0 37'39.4" WEST, 299.54 FEET; THENCE NORTH 28 °22'32" WEST, 92.84 FEET
ALONG THE EASTERLY LINE OF S. WASHBURN STREET; THENCE 325.15 FEET ALONG SAID EASTERLY
LINE AND THE ARC OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 512.96 FEET
WHOSE CHORD BEARS - NORTH 33 EAST, 319.73 FEET; THENCE NORTH 51'56'45" EAST, 129.45 FEET
ALONG SAID EASTERLY LINE; THENCE 386.10 FEET ALONG SAID EASTERLY LINE AND THE ARC OF A
CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 632.96 FEET WHOSE CHORD BEARS NORTH
34 6" EAST, 380.14 FEET; THENCE SOUTH 00 °14'49" WEST, 472.71 FEET ALONG THE WEST LINE OF
U.S.H. "41'; THENCE SOUTH 23 °48'22" WEST, 285.03 FEET ALONG SAID WEST LINE TO THE POINT OF
BEGINNING. SAID PARCEL CONTAINS 180,938 SQUARE FEET OR 4.154 ACRES, MORE OR LESS.
That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be annexed and its
relation to the municipalities involved.
ARNOLDUSSEN- HARTZEIM VOLUNTARY ATTACHMENT PAGE 2
_. QUALIFICATION
DATE (elector and/or
NAME POST OFFICE ADDRESS SIGNED prop owner)
Todd ArnoIdussen 412 Pheasant Run / Registered Agent
Kaukauna, WI 54130
Mark i eirn A ® 412 Pheasant Run Registered Agent
�f.
OCT 0 8 2009
TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH:
WHEREAS the undersigned are electors and/or property 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 annexation to the City of Oshkosh,
Arnoldussen- Hartzeim 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:
C -2 General Commercial District
NAME
POST OFFICE ADDRESS
DATE SIGNED
Qualification
(elector and /or
p p er ` owner)
Todd Arnoldussen
412 Pheasant Run
Registered Agent
Kaukauna, WI 54130
Mar a
412 Pheasant;Run
Registered Agent
m
Kaukauna, WI 54130
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