HomeMy WebLinkAbout10-275AUGUST 10, 2010 AUGUST 24, 2010 10 -255 10 -275 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE HARRA ANNEXATION REQUEST FROM TOWN OF
OSHKOSH / NORTH OF & ADJACENT TO 2734 SHOREWOOD
DRIVE
INITIATED BY: JOHN HARRA, OWNER
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ANNEXING CERTAIN
TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 15TH 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
AUGUST 10, 2010 AUGUST 24, 2010 10 -256 10 -275 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: R -1 Single Family Residence
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
thereto:
(as described in the attached "Exhibit A ")
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.
SECTION 4. Said property hereinabove described is hereby temporarily zoned as
follows: R -1 Single Family Residence.
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 -275 APPROVE HARRA ANNEXATION REQUEST FROM TOWN OF
OSHKOSH / NORTH OF AND ADJACENT TO 2734 SHOREWOOD DRIVE on August 24,
2010. The Ordinance annexed property on Shorewood Drive 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
HARRA ANNEXATION LEGAL DESCRIPTION
BEING ALL OF LOT 28 IN THE REPLAT OF OAKWOOD BEACH PLAT AND ADJACENT
EASTERLY '/ OF SHOREWOOD DRIVE (FORMERLY OAKWOOD DRIVE), ALL
LOCATED IN GOVERNMENT LOT 1 OF SECTION 7, TOWNSHIP 18 NORTH, RANGE 17
EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, WHICH IS
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHWEST CORNER OF SAID SECTION 7, TOWNSHIP
18 NORTH, RANGE 17 EAST; THENCE NORTH 89 0 52'05" EAST, 487.17 FEET ALONG
THE NORTH LINE OF SAID SECTION 7 TO A POINT ON THE CENTERLINE OF
SHOREWOOD DRIVE; THENCE SOUTH 18 0 10'00" WEST, 1,025.21 FEET, ALONG SAID
CENTERLINE OF SHOREWOOD DRIVE TO THE POINT OF BEGINNING; THENCE
SOUTH 71 EAST, 15 FEET, TO THE NORTHWEST CORNER OF LOT 28 OF THE
REPLAT OF OAKWOOD BEACH PLAT; THENCE CONTINUING SOUTH 71 EAST,
206.00 FEET ALONG THE NORTH LINE OF SAID LOT 28 TO A POINT ON A MEANDER
LINE, SAID POINT BEING NORTH 71 WEST, 10 FEET MORE OR LESS FROM
THE SHORELINE OF LAKE WINNEBAGO; THENCE SOUTH 05 0 34'58" EAST, 54.63
FEET ALONG SAID MEANDER LINE TO A POINT THAT IS NORTH 71 WEST, 10
FEET MORE OR LESS FROM THE SHORELINE OF SAID LAKE; THENCE NORTH
71 WEST, 228.00 FEET ALONG THE SOUTH LINE OF SAID LOT 28 TO THE
SOUTHWEST CORNER OF SAID LOT 28; THENCE CONTINUING 71 WEST,
30.00 FEET TO THE CENTERLINE OF SHOREWOOD DRIVE; THENCE NORTH
18 0 10'00" EAST, 50.00 FEET ALONG SAID CENTERLINE; THENCE SOUTH 71
EAST, 15.00 FEET 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 NORTHERLYAND SOUTHERLY BOUNDARY LINES TO
SAID SHORELINE LINE.
SAID AREA CONTAINS 12,789 SQUARE FEET OR 0.294 ACRES, MORE OR LESS.
A
O YHKOfH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich ,
Director of Planning Services
DATE: August 5, 2010
RE: Approve Harra Annexation Request from Town of Oshkosh / North of and Adjacent to
2734 Shorewood Drive
BACKGROUND
John Harra requests approval of the Harra annexation of approximately 0.294 acres of land located on
Shorewood Drive in the Town of Oshkosh generally located at the southeast corner of Nicolet Avenue
and Shorewood Drive. The property is undeveloped and currently has a Winnebago County zoning
designation of R -2 Suburban Residential District (Subdivided).
ANALYSIS
The petitioner requests the property be annexed with an R -1 Single Family Residence zoning
classification to match the R -1 City zone district to the south and west as well as to be compatible with
the existing County R -2 Suburban Residential District (Subdivided) zoning to the north. The purpose
of the annexation is to allow the owner to construct a single family home and connect to city utilities
and have access to city services such as police and fire protection. The Comprehensive Plan
designates this area as appropriate for residential use and the Oshkosh Fire and Police Departments
have reviewed the request and do not have any concerns with providing services to this property. The
Department of Public Works has also reviewed the request and reported that sanitary sewer and water
main was constructed in front of the property in 1975 with laterals stubbed to the parcel in 1984.
FISCAL IMPACT
The City will not be required to extend utilities or provide services that are not already provided to the
area. As the City has not yet reached a boundary agreement with the Town of Oshkosh, it will be
required to pay to the Town five years worth of property taxes lost by the Town due to this annexation
which amounts to $43.66 per year or a total of $218.30 over five years.
RECOMMENDATION
The Plan Commission approved of this request at its August 3, 2010 meeting.
Approved,
v
City Manager
ITEM: HARRA ANNEXATION
Plan Commission meeting of August 3, 2010
GENERAL INFORMATION
Applicant /Property Owner: John Harra
Action(s) Requested:
The petitioner is proposing direct annexation (by unanimous approval) of approximately 0.294 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:
John Harra requests approval of the Harra annexation of approximately 0.294 acres of land located at
2738 Shorewood Drive in the Town of Oshkosh generally located at the southeast corner of Nicolet
Avenue and Shorewood Drive. The property is undeveloped and currently has a Winnebago County
zoning designation of R -2, Suburban Residential District (Subdivided).
Subiect Site
Existing `Land Use
Zonin
Singh- Family Dwelling
R -2 (County)
Adiacent Land Use and Zonin
Existing
Uses
10 Year Recommendation
Zonin
North
Public Right-of-Way/Fire Lane ..................................................
..............
_
. .
South
Sinle -Famil Dwellin ... ....... ....... .......... _ ....................................... ........................._........_..........................._.............._..........
.............._................ _...................... _ ....... .............._ ................. ........ .................. ...
East ............._.......Lake...
Winnebago..............._................... ._._....................._._._. .........................................................................................................................................................._...
N/A .........._....................._..........................._....................... .............._...._...........
West
Oshkosh Sanitary Lift Station
R -1 (City
(
Comnrehensive Plan
Land Use Recommendation
Land Use
10 Year Recommendation
Residential
20 Year Recommendation
Residential
ANALYSIS
The petitioner requests approval of the Harra Annexation (by unanimous approval) of approximately
0.294 acres of land located in the Town of Oshkosh. He requests the property be annexed with an R -1
Single Family Residence District zoning classification to match the R -1 City zone district to the south
and west as well as to be compatible with the existing County R -2 Suburban Residential District
(Subdivided) zoning to the north.
The purpose of the annexation is to allow the owner to construct a single family home and connect to
city utilities and have access to city services such as police and fire protection. The Comprehensive
Plan designates this area as appropriate for residential use and the proposed zoning permits the
proposed single family use for the property.
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 with laterals stubbed to the property in
1984. 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 Harra Annexation with temporary and permanent zoning of R -1
Single Family Residence District as requested.
The Plan Commission approved of the Harra Annexation as requested. The following is the Plan
Commission's discussion on this item.
Mr. Nau presented the item and reviewed the site, surrounding area, and existing land uses in said area.
He stated that the owner was requesting the property located at 2738 Shorewood Drive be annexed
with an R -1 Single Family Residence District zoning classification. He also commented that the
Oshkosh Fire and Police Departments had reviewed the request and did not have any concerns with
providing services to this property and the Department of Public Works had also reviewed it and
reported that City sanitary sewer and water main were already constructed in front of the property with
laterals stubbed in place.
Ms. Propp questioned where the City boundaries were located.
Mr. Nau displayed on the map the areas located in both the City and the Town of Oshkosh.
Jim Erdman, 2492 Hickory Lane, Town of Oshkosh Supervisor, stated that the Town did not have any
objections to the annexation request for this property. He further stated that the Town did not wish to
have the fire lane adjacent to this property included in the annexation request as it was part of the
Town's drainage system for stormwater purposes.
Motion by Vajgrt to approve the Harra Annexation with temporary and permanent zoning of R-
1 Single Family Residence District as requested.
Seconded by Nollenberger. Motion carried 8 -0.
ITEM — Harra Annexation
PETITION FOR DIRECT ANNEXATION BY UNANIMOUS APPROVAL
TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN:
WHEREAS, the undersigned constituting all of the electors and all of the owners of real property in the
territory proposed to be annexed;
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:
HARRA ANNEXATION
BEING ALL OF LOT 28 IN THE REPLAT OF OAKWOOD BEACH PLAT AND ADJACENT EASTERLY 11 /2 OF
SHOREWOOD DRIVE (FORMERLY OAKWOOD DRIVE), ALL LOCATED IN GOVERNMENT LOT 1 OF SECTION 7,
TOWNSHIP 18 NORTH, RANGE 17 EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, WHICH IS
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHWEST CORNER OF SAID SECTION 7, TOWNSHIP 18 NORTH, RANGE 17 EAST;
THENCE NORTH 89 0 52'05" EAST, 487.17 FEET ALONG THE NORTH LINE OF SAID SECTION 7 TO A POINT ON THE
CENTERLINE OF SHOREWOOD DRIVE; THENCE SOUTH 18 °10'00" WEST, 1,025.21 FEET, ALONG SAID CENTERLINE
OF SHOREWOOD DRIVE TO THE POINT OF BEGINNING; THENCE SOUTH 71 °50'00" EAST, 15 FEET, TO THE
NORTHWEST CORNER OF LOT 28 OF THE REPLAT OF OAKWOOD BEACH PLAT; THENCE CONTINUING SOUTH
71 EAST, 206.00 FEET ALONG THE NORTH LINE OF SAID LOT 28 TO A POINT ON A MEANDER LINE, SAID
POINT BEING NORTH 71 0 50'00" WEST, 10 FEET MORE OR LESS FROM THE SHORELINE OF LAKE WINNEBAGO;
THENCE SOUTH 05 0 34'58" EAST, 54.63 FEET ALONG SAID MEANDER LINE TO A POINT THAT IS NORTH 71 °50'00"
WEST, 10 FEET MORE OR LESS FROM THE SHORELINE OF SAID LAKE; THENCE NORTH 71'50'00" WEST, 228.00
FEET ALONG THE SOUTH LINE OF SAID LOT 28 TO THE SOUTHWEST CORNER OF SAID LOT 28; THENCE
CONTINUING 71 0 50'00" WEST, 30.00 FEET TO THE CENTERLINE OF SHOREWOOD DRIVE; THENCE NORTH 18 °10'00"
EAST, 50.00 FEET ALONG SAID CENTERLINE; THENCE SOUTH 71 °50'00" EAST, 15.00 FEET 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 12,789 SQUARE FEET OR 0.294 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 municinalities involved.
JUL 21 2010 v
CITY CLERK'S OFFICE
QUALIFICATION
(elector and/or
NAME
POST OFFICE ADDRESS
DATE SIGNED
pro owner
John E. Harra
1022 Oak Street
Property Owner
�O �'� 0 A A
Oshkosh, WI 54901
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V
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JUL 21 2010 v
CITY CLERK'S OFFICE
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 unanim annexation to the City of Oshkosh,
Harra Annexation
...
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:
R -1 Single Family Residence District
H D EOEVE
UL z, zoo
CITY CLERK'S OFFICE 1 4
Qualification
(elector and/or
NAME
POST OFFICE ADDRESS
DATE SIGNED
property owner
John E. Harra
1022 Oak Street
Property Owner
Oshkosh, WI 54901
�
-3 Q N HAW
H D EOEVE
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CITY CLERK'S OFFICE 1 4
ANNEXATION CARPENTER THOMAS /CHRISTINE HARRA /JOHN E
2738 SHOREWOOD DR 1062 NICOLET AVE 1022 OAK ST
PC: 08 -03 -10 OSHKOSH WI 549010000 OSHKOSH WI 549010000
2738 SHOREWOOD DR
CITY OF OSHKOSH
PO BOX 1130
OSHKOSH WI 54903
VELIE SHARON
2734 SHOREWOOD DR
OSHKOSH WI 54901
TUCHSCHERER DAVID /MINIMAY
2810 SHOREWOOD DR
OSHKOSH WI 54901
RE VACANT LOT NICOLET AV
JEANNETTE MERTEN
TOWN OF OSHKOSH CLERK
1065 COZY LN
OSHKOSH WI 54901
S
DISCLAIMER
This map is neither a legally recorded map nor
ANNEXATION PETITION
a survey and It is not Intended to be used as one.
This drawing Is compilation of records, data
2738 S H O R E W O O D D R
N OfHK f H
and information located In various city, county
l
ON THE WATER
and state offices and other sources affecting
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
sponsible for any inaccuracies herein contained.
If discrepancies are found, please contact the
_
Scale. 1 " - 60'
Community Development
City of Oshkosh.
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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-
sponsible for any inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
Created by - dff
ANNEXATION PETITION
2738 SHOREWOOD DR N OfHKOfH
ON THE WATER
City of Oshkosh
Department of
Scale: 1 60' Community Development
07/21/10