HomeMy WebLinkAbout10-208JUNE 8, 2010 JUNE 22, 2010 10 -194 10 -208 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE RUSCH SNELL ROAD ANNEXATION REQUEST FROM
TOWN OF OSHKOSH / NORTH SIDE OF SNELL ROAD AT USH 41
INITIATED BY: THOMAS RUSCH
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ANNEXING CERTAIN
TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 12TH WARD
OF SAID CITY.
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
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
JUNE 8, 2010 JUNE 22, 2010 10 -194 10 -208 ORDINANCE
FIRST READING SECOND READING CONT'D
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: M -3 General Industrial
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 12th Ward of said City and subject to Wisconsin Statutes and the amendments
thereto:
Being Part Of The Northeast Y4 And Southeast Y4 Of Section 34, Township 19 North,
Range 16 East, Town Of Oshkosh, Winnebago County, Wisconsin, Which Is Bounded And
Described As Follows: Commencing From The Southeast Corner Of Said Section 34,
Thence South 89 44' 33" West, Along The South Line Of The Southeast Y4 Of Said
Section 34, A Distance Of 1,211.26 Feet; Thence North 7 40' 18" West, 126.05 Feet To A
Point On The South Line Of West Snell Road; Thence Continuing North 7 40'18" West,
Along The East Line Of Lands Described In Volume 729 Page 571 A Distance Of 211.68
Feet; Thence North 22 11'24" East Along The Existing Right -Of -Way Line Of U.S.H. "41"
A Distance Of 462.56 Feet; Thence North 26 13' 30" East Along The Easterly Line Of
U.S.H "41" Per Wisconsin D.O.T Project No. 1120 -09 -21 A Distance Of 300.17 Feet;
Thence North 22 14' 02" East Along Said Easterly Line 800.00 Feet; Thence North 16
31'23" East Along Said Easterly Line 100.50 Feet; Thence North 22 14' 02" East Along
Said Easterly Line 1,539.90 Feet; Thence South 00 11'47" East Along The East Line Of
The Northeast Y4 Of Said Section 34, A Distance Of 616.93 Feet; Thence South 00 42'
19" East Along The East Line Of The Southeast Y4 Of Said Section 34, A Distance Of
2,672.39 Feet To The Point Of Beginning. Said Area Contains 2,235,564.10 Square Feet
Or 51.32 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) 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.
JUNE 8, 2010 JUNE 22, 2010 10 -194 10 -208 ORDINANCE
FIRST READING SECOND READING CONT'D
SECTION 4. Said property hereinabove described is hereby temporarily zoned as
follows: M -3 General Industrial.
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 #10 -208 APPROVE RUSCH SNELL ROAD ANNEXATION REQEUST
FROM TOWN OF OSHKOSH / NORTH SIDE OF SNELL ROAD AT USH 41 on June 22,
2010. 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.
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ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich V/s
Director of Planning Services
DATE: June 3, 2010
RE: Approve Rusch Snell Road Annexation Request from the Town of Oshkosh / North
Side of Snell Road at USH 41 (Plan Commission Recommends Approval)
BACKGROUND
The subject site consists of 51.32 acres of land located along the north side of W. Snell Road
immediately east of U.S.H. 41 and west of the State Prison in the Town of Oshkosh. The subject site
consists of three parcels and the adjacent north half of the W. Snell Road right -of -way. Currently, the
property has a Winnebago County zoning designation of B- 3(HB), General Business District
(Highway Business Uses). At this time the properties are being used for agricultural and borrow pit
purposes and contain seven off - premise signs (billboards) along U.S. Highway 41.
ANALYSIS
The petitioner requests approval of the Rusch Snell Road Annexation (by unanimous approval) of
51.32 acres of land located in the Town of Oshkosh. The property is proposed to be annexed with an
M -3 General Industrial District zoning classification for compatibility with the existing City M -3
zoning to the east and consistency with the Comprehensive Plan's industrial land use recommendation.
The purpose of the annexation is to allow the owner to obtain City sewer and water services for the
subject property allowing for future development of the site after the City provides water and sewer
access which is anticipated to occur in 2011. The Oshkosh Fire and Police Departments have reviewed
the annexation request and do not have any concerns with providing services to the subject site.
FISCAL IMPACT
Developable lands will be added to the City's property tax rolls. Additionally, due to the State's
annexation requirements, the City will be required to pay to the Town for five years the amount of
property taxes the town currently receives on the property, which in this case is $12.75 or $63.65 total
for the next five years.
RECOMMENDATION
The Plan Commission approved of this request at its June 1, 2010 meeting.
Approved,
City Manager
ITEM: RUSCH SNELL ROAD ANNEXATION
Plan Commission meeting of June 1, 2010
GENERAL INFORMATION
Applicant: Thomas Rusch
Property Owner: Thomas Rusch & Richard Gabert
Action(s) Requested:
The petitioner is proposing direct annexation (by unanimous approval) of approximately 51.32 acres of
land currently located in the Town of Oshkosh.
Applicable Ordinance Provisions:
Requirements concerning annexation are located within Section 30 -9 of the City of Oshkosh Zoning
Ordinance as well as within Section 66.0217 of the WI State Statutes.
Property Location and Background Information:
Thomas Rusch requests approval of the Rusch Snell Road Annexation of 51.32 acres of land located
along the north side of W. Snell Road immediately east of U.S.H. 41 and west of the State Prison in the
Town of Oshkosh. The subject site consists of three parcels and the adjacent north half of the W. Snell
Road right -of -way. Currently, the property has a Winnebago County zoning designation of B- 3(HB),
General Business District (Highway Business Uses). At this time the properties are being used for
agricultural purposes and contain five off - premise signs (billboards) along U.S. Highway 41.
Subject Site
Existing Land Use Zonin
Agricultural /Off - Premise Signage (5 Billboards) B -3(HB) (County)
Adiacent Land Use and Zonin
Existing
Uses
10 Year Recommendation
Zonin
North
U.S. H. 41 .... ..
....._ .. .....................
N/A ........ ......._. ......_.. .. .. ---- ............
.........
South
...... .... _ . .............
... ...... ...... _
Agricultural ..... .........................
..........
A -1 (County)
.. ...... . ............. _. .................... .....................
East
State Prison .................................................................
. .......................................................................................
M -3 (City)
............................................................................................................................................. ...............................
............._............ ............ ....
West
................. .............. ............................ .... ................................................ ...................... .
U.S. H. 41
N/A
Cmmnrehensive Plan
Land Use Recommendation
Land Use
10 Year Recommendation
Industrial
20 Year Recommendation
Industrial
ANAI.VCIC
The petitioner requests approval of the Rusch Snell Road Annexation (by unanimous approval) of
51.32 acres of land located in the Town of Oshkosh. The property is proposed to be annexed with an
M -3 General Industrial District zoning classification for compatibility with the existing City M -3
zoning to the east and consistency with the Comprehensive Plan's industrial land use recommendation.
The purpose of the annexation is to allow the owner to obtain City sewer and water services for the
subject property allowing for future development of the site after the City provides water and sewer
access which is anticipated to occur in 2011.
Staff has no concerns with this request because when developed, the subject site will add additional tax
base to the City. The Oshkosh Fire and Police Departments have reviewed the annexation request and
do not have any concerns with providing services to the subject site.
RECOMMENDATION /CONDITIONS
Staff recommends approval of the Rusch Snell Road Annexation with temporary and permanent zoning
of M -3 General Industrial District as requested.
The Plan Commission approved of the annexation as requested. The following is the Plan
Commission's discussion on this item.
Mr. Nau presented the item and reviewed the site and surrounding area including current zoning
classifications and land use. He further stated that the petitioner was requesting the annexation for
future development of the site to obtain access to City sewer and water services which are anticipated
to occur in 2011. The property is proposed to be annexed with an M -3 General Industrial District
zoning classification which is consistent with the Comprehensive Plan and both the Oshkosh Fire and
Police Departments have reviewed the request and do not have any concerns with providing services to
the subject site.
Mr. Palmeri questioned the comment in the staff report relating to staff not having concerns with this
request as it would add additional tax base to the City when developed and inquired if it was implying
that there would be concerns without the additional taxes anticipated.
Mr. Nau responded that staff did not have concerns regardless of the increase in tax base and further
stated that the petitioner has not yet indicated the potential development for the site but the M -3 zoning
classification would allow either commercial or industrial development. He further commented that as
this property is located adjacent to the state prison, it was most likely better suited for industrial use.
Ms. Propp commented about the lack of a frontage road along this property and questioned if there
would be issues with access to the site.
Mr. Nau replied that since the overpass was currently under construction, the road configuration would
be changing, however access could be from either West Snell Road or a better access would most
likely be from US Highway 45. He added that a private road could also be installed if necessary.
Jim Erdman, 2492 Hickory Lane, Board Supervisor for the Town of Oshkosh, stated that the staff
report indicated that the current use of the site was for agricultural purposes and billboards and wanted
the Commission to be aware that a conditional use permit had been approved by the Town for the
removal of fill for the ongoing highway project. This CUP was originally going to expire by the end of
the year however a request was pending to amend the CUP to extend the use for the removal of fill on
this site and they were currently working with Winnebago County on the matter. Mr. Erdman
distributed copies of the minutes from the Town of Oshkosh board meeting of May 5 th for review
ITEM — Rusch Snell Road Annexation
which added a condition to the CUP in regard to only clean fill to be used to replace the soil removed
from the site as they had concerns with compromising the area wells by using contaminated soil,
blacktop, etc. to fill the hole in the ground created by the excavation.
Mr. Fojtik questioned if the Town had concerns with the annexation itself.
Mr. Erdman responded that they did not but were concerned with when the site would be developed
due to the ongoing fill project for the Highway 41 reconstruction.
Mr. Burich stated that if the property would be annexed, the City would look to the County and Town
CUP currently granted for guidance.
Mr. Thorns questioned if the City follows the CUP that is currently in place, would there be any
potential costs that the City would have to absorb.
Mr. Burich responded that there were no potential costs to the City that he is aware of.
Motion by Vajgrt to approve the Rusch Snell Road annexation as requested.
Seconded by Borsuk. Motion carried 8 -0.
ITEM — Rusch Snell Road Annexation
PETITION FOR DIRECT ANNEXATION BY UNANIMOU
TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH, WINNEBAGO CO `tio I t D
WHEREAS, the undersigned constituting all of the electors and all of the o ers e
territory proposed to be annexed; C I Ty C : tT : ? = C E
NOW, THEREFORE, PETITION IS HEREBY MADE by unanim approval pursuant to the provisions of
Sec. 66.0217(2) of the Wisconsin Statutes, for direct annexation to the City of Oshkosh, Wisconsin, from the Town of
Oshkosh, Winnebago County, Wisconsin, of the real estate hereinafter described.
That pursuant to Sec. 66.0217(2), petition is hereby made without compliance to the notice requirements of
Sec. 66.0217(4) of the Wisconsin Statutes.
That the current population of the territory to be annexed as defined by Sec. 66.0201(2)(dm) of the Wisconsin
Statutes is zero (0).
That the territory to be annexed is contiguous to the City of Oshkosh is located in the Town of Oshkosh,
Winnebago County, Wisconsin and is described as follows:
RUSCH SNELL ROAD ANNEXATION
BEING PART OF THE NORTHEAST' /4 AND SOUTHEAST '/4 OF SECTION 34, TOWNSHIP 19 NORTH, RANGE 16
EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, WHICH IS BOUNDED AND DESCRIBED AS
FOLLOWS:
COMMENCING FROM THE SOUTHEAST CORNER OF SAID SECTION 34, THENCE SOUTH 89° 44'33" WEST,
ALONG THE SOUTH LINE OF THE SOUTHEAST' /4 OF SAID SECTION 34, A DISTANCE OF 1,211.26 FEET;
THENCE NORTH 7 40' 18" WEST, 126.05 FEET TO A POINT ON THE SOUTH LINE OF WEST SNELL ROAD;
THENCE CONTINUING NORTH 7 40' 18" WEST, ALONG THE EAST LINE OF LANDS DESCRIBED IN VOLUME
729 PAGE 571 A DISTANCE OF 211.68 FEET; THENCE NORTH 22° 11'24" EAST ALONG THE EXISTING RIGHT -
OF -WAY LINE OF U.S.H. "41" A DISTANCE OF 462.56 FEET; THENCE NORTH 26° 13'30" EAST ALONG THE
EASTERLY LINE OF U.S.H "41" PER WISCONSIN D.O.T PROJECT NO. 1120 -09 -21 A DISTANCE OF 300.17 FEET;
THENCE NORTH 22 14'02" EAST ALONG SAID EASTERLY LINE 800.00 FEET; THENCE NORTH 16'3 1' 23"
EAST ALONG SAID EASTERLY LINE 100.50 FEET; THENCE NORTH 22° 14' 02" EAST ALONG SAID EASTERLY
LINE 1,539.90 FEET; THENCE SOUTH 00° 11'47" EAST ALONG THE EAST LINE OF THE NORTHEAST' /4 OF
SAID SECTION 34, A DISTANCE OF 616.93 FEET; THENCE SOUTH 00° 42' 19" EAST ALONG THE EAST LINE
OF THE SOUTHEAST' /4 OF SAID SECTION 34, A DISTANCE OF 2,672.39 FEET TO THE POINT OF BEGINNING.
SAID AREA CONTAINS 2,235,564.10 SQUARE FEET OR 51.32 ACRES, MORE OR LESS.
That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be annexed
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11
QUALIFICATION
(elector and/or
NAME
POST OFFICE ADDRESS
DATE SIGNED
pro owner
Tho as s
3807 State Road 21 A
Owner
Oshkosh, WI 54904
PETITION FOR TEMPORARY AND PERMANENT ZONING CLASSIFICATION
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 annexed to the City of Oshkosh, said area being more particularly described in a certain petition
for unanimous annexation to the City of Oshkosh,
Rusch Snell Road Annexation
and,
WHEREAS it is acknowledged by the undersigned that the submitting of this petition does
not in any matter attempt to make said petition for direct annexation 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 annexing 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:
M -3 General Industrial District
D i�t i
MAY 2 0.2010 ? ;�
CITY CL A S )FF ICE l
Qualification
(elector and/or
NAME
POST OFFICE ADDRESS
DATE SIGNED
pro owner
Thoma
3807 State Road 21 A
Oshkosh, WI 54904
yi /o
D i�t i
MAY 2 0.2010 ? ;�
CITY CL A S )FF ICE l
ANNEXATION RUSCH THOMAS
W SNELL RD & US HIGHWAY 41 GABERT RICHARD
PC: 06 -01 -10 PO BOX 3808
OSHKOSH WI 549033808
WALTER KENNETH /MARY ANN WISCONSIN STATE OF
5275 CHANNEL VIEW DR DEPT OF TRANSPORTATION
OSHKOSH WI 549010000 944 VANDERPERREN WAY
GREEN BAY WI 543240000
RE VACANT LOT W SNELL RD RE VACANT LOTS W SNELL RD
WISCONSIN STATE OF JEANNETTE MERTEN
PO BOX 3530 TOWN OF OSHKOSH CLERK
OSHKOSH WI 54903 1065 COZY LN
OSHKOSH WI 54901
RE 1730 W SNELL RD
HICKORY OAKS CAMPGROUND
3485 VINLAND RD
OSHKOSH WI 549010000
WALTER ROBERT /MARY KAYE
1879 W SNELL RD
OSHKOSH WI 549010000
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DISCLAIMER ANNEXATION PETITION
This map Is neither a legally recorded map nor
a survey and It Is not Intended to be used as one. W S N E L L RD & �7
l � O�HK lH
This drawing Is a compilation of records, data and Information located in various city, county A ON me wren
and state offices and other sources affecting US HIGHWAY 4
the area shown and It Is to be used for reference City of Oshkosh
purposes only. The City of Oshkosh Is not re- Department of
upon for any Inaccuracies herein contained.
If discrepancies are found, please contact the Community Development
City of Oshkosh.
Scale: 1" = 600' 05118110
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DISCLAIMER ANNEXATION PETITION
This map Is neither a legally recorded map nor
a survey and It Is not Intended to be used as one. W S N E L L RD & �7
l � O�HK lH
This drawing Is a compilation of records, data and Information located in various city, county A ON me wren
and state offices and other sources affecting US HIGHWAY 4
the area shown and It Is to be used for reference City of Oshkosh
purposes only. The City of Oshkosh Is not re- Department of
upon for any Inaccuracies herein contained.
If discrepancies are found, please contact the Community Development
City of Oshkosh.
Scale: 1" = 600' 05118110
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DISCLAIMER
This map is neither a legally recorded map nor
a survey and It Is not Intended to be used as one.
This drawing Is a compilation of records, data
and information located In various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh Is not re-
sponsibie for any Inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
Created by - dff
ANNEXATION PETITION
W SNELL RD &
US HIGHWAY 41
Scale: 1" = 600'
N O.fHKOlH
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City of Oshkosh
Department of
Community Development
05/18/101