HomeMy WebLinkAbout10-351NOVEMBER 9, 2010 10 -351 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE SWARTZ ANNEXATION REQUEST FROM TOWN OF
OSHKOSH / 2818 SHOREWOOD DRIVE
INITIATED BY: RICHARD & BETH SWARTZ, OWNERS
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
NOVEMBER 9, 2010 10 -351 ORDINANCE
CONTD
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 -XXX APPROVE SWARTZ ANNEXATION REQUEST FROM TOWN OF
OSHKOSH / 2818 SHOREWOOD DRIVE on November 23, 2010. The Ordinance
annexed property at 2818 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
SWARTZ ANNEXATION LEGAL DESCRIPTION
BEING ALL OF LOT 32 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, 825.21 FEET, ALONG SAID
CENTERLINE OF SHOREWOOD DRIVE TO THE POINT OF BEGINNING; THENCE
SOUTH 71 EAST, 15 FEET, TO THE NORTHWEST CORNER OF LOT 32 OF THE
REPLAT OF OAKWOOD BEACH PLAT; THENCE CONTINUING SOUTH 71 EAST,
187 FEET ALONG THE NORTH LINE OF SAID LOT 30 TO A POINT ON A MEANDER
LINE , SAID POINT BEING NORTH 71 WEST, 12 FEET MORE OR LESS FROM
THE SHORELINE OF LAKE WINNEBAGO; THENCE SOUTH 26 0 25'39" WEST, 50.84
FEET ALONG SAID MEANDER LINE TO A POINT THAT IS NORTH 71 WEST, 17
FEET MORE OR LESS FROM THE SHORELINE OF SAID LAKE; THENCE NORTH
71 WEST, 187.00 FEET ALONG THE SOUTH LINE OF SAID LOT 30 TO THE
SOUTHWEST CORNER OF SAID LOT 32; THENCE CONTINUING 71 WEST,
15.00 FEET TO THE CENTERLINE OF SHOREWOOD DRIVE; THENCE NORTH
18 0 10'00" EAST, 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 11,084 SQUARE FEET OR 0.254 ACRES, MORE OR LESS.
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ITEM: SWARTZ ANNEXATION
Plan Commission meeting of August 3, 2010
GENERAL INFORMATION
Applicant/Property Owner: Richard & Beth Swartz
Action(s) Requested:
The petitioners are proposing direct annexation (by unanimous approval) of approximately 0.254 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:
Richard & Beth Swartz request approval of the Swartz annexation of approximately 0.254 acres of land
located at 2818 Shorewood Drive in the Town of Oshkosh generally located 100 feet north of the
northeast corner of Nicolet Avenue and Shorewood Drive. The property contains a single family
dwelling and accessory outbuildings. Currently, the property has a Winnebago County zoning
designation of R -2, Suburban Residential District (Subdivided).
Subject Site
T Existi►t` Laird Use a _ s.` a' Zor�in
Single Dwelling R - 2 Coun
Adiacent Land Use and Zonin
Existtn Uses a Zvriitt
N orth Single-Family Dwe lling _ R -2 (County)
South Single - Family Dwelling _— R-1 (City) - - ^- -n -_ -
Eas L Winnebago N/A
West Single-Family Dwellings - _ ^ — R -2 (County) & R -1 (City)
f mmnrPhpncivp Plan
Land Use'Recorrrmendation f ' '
Laid Use
10 Year Recommendation
Residential
20 Year Recommendation
Residential
ANALYSIS
The petitioner requests approval of the Swartz annexation (by unanimous approval) of approximately
0.254 acres of land located in the Town of Oshkosh. They request the property be annexed with a R -1
Single Family Residence District zoning classification to match its existing use, the zoning of the
properties located within the city to the west as well as to be compatible with the existing County R -2
Suburban Residential District (Subdivided) zoning to the north and south.
The purpose of the annexation is to allow the owner to 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 existing single family use of the property.
The Department of Public Works has reviewed the request and estimates that utilities including
sanitary and water service can be provided and have been included in the 2010 Capital Improvement
Program. 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 Swartz annexation with temporary and permanent zoning of R -1
Single Family Residence District as requested.
The Plan Commission approved of the Swartz 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 2818 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
estimates that sanitary and water services could be extended to this property and have been included in
the 2010 Capital Improvement Program.
Ms. Propp questioned how this property was contiguous with the City boundaries.
Mr. Nau replied that the connection was via Lake Winnebago and the State had already reviewed the
annexation request and considered it to be in the public's interest.
Motion by Thoms to approve the Swartz Annexation with temporary and permanent zoning of
R -1 Single Family Residence District as requested.
Seconded by Vajgrt. Motion carried 8 -0.
ITEM — Swartz Annexation
PETITION FOR DIRECT ANNEXATION BY UNANIMOUS APPROVAL
TO THE COMMON COUNCEL 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 unanimous 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
two (2).
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:
SWARTZ ANNEXATION
BEING ALL OF LOT 32 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 °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, 825.21 FEET,
ALONG SAID CENTERLINE OF SHOREWOOD DRIVE TO THE POINT OF BEGINNING; THENCE SOUTH
71 0 50'00" EAST, 15 FEET, TO THE NORTHWEST CORNER OF LOT 32 OF THE REPLAT OF OAKWOOD
BEACH PLAT; THENCE CONTINUING SOUTH 71'50'00" EAST, 187 FEET ALONG THE NORTH LINE OF SAID
LOT 30 TO A POINT ON A MEANDER LINE, SAID POINT BEING NORTH 71 °50'00" WEST, 12 FEET MORE OR
LESS FROM THE SHORELINE OF LAKE WINNEBAGO; THENCE SOUTH 26 °25'39" WEST, 50.84 FEET ALONG
SAID MEANDER LINE TO A POINT THAT IS NORTH 71 WEST, 17 FEET MORE OR LESS FROM THE
SHORELINE OF SAID LAKE; THENCE NORTH 71'50'00" WEST, 187.00 FEET ALONG THE SOUTH LINE OF
SAID LOT 30 TO THE SOUTHWEST CORNER OF SAID LOT 32; THENCE CONTINUING 71 °50'00" WEST, 15.00
FEET TO THE CENTERLINE OF SHOREWOOD DRIVE; THENCE NORTH 18 °10'00" EAST, 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 11,084 SQUARE
FEET OR 0.254 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.
NAME
POST OFFICE ADDRESS
DATE SIGNED
QUALIFICATION
(elector and /or
pro owner
Richard J. & Beth E. Swartz
2 �� J
2818 Shorewood Drive
Oshkosh, WI 54901
Property Ow
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,
Swartz 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:
R -1 Single Family Residence District
--\ E
D! -- - 1
J� ! JUL 1 4 2010 1 (.
CITY CIL.C.
4
Qualification
(elector and/or
NAME
POST OFFICE ADDRESS
DATE SIGNED
pro owner
Richard J. & Beth E. Swartz
2818 Shoreweood Drive
Property Owner
1 Ck l '
Oshkosh, WI 54901
--\ E
D! -- - 1
J� ! JUL 1 4 2010 1 (.
CITY CIL.C.
4
ANNEXATION BEYER ALAN K SWARTZ RICHARD /BETH
2818 SHOREWOOD DR 2822 SHOREWOOD DR 2818 SHOREWOOD DR
PC: 07 -20 -10 OSHKOSH WI 549010000 OSHKOSH WI 549010000
DECLUTE BURELL M
2814 SHOREWOOD DR
OSHKOSH WI 549010000
CARPENTER THOMAS /CHRISTINE
1062 NICOLET AVE
OSHKOSH WI 549010000
JEANNETTE MERTEN
TOWN OF OSHKOSH CLERK
1065 COZY LN
OSHKOSH WI 54901
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IICOLET A
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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.
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ANNEXATION PETITION N
2818 SHOREWOOD DR O HKOlH
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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.
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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.
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ANNEXATION PETITION
2818 SHOREWOOD DR N .IHKOIH
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City of Oshkosh
Department of
Scale: 1" = 40' Community Development
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