HomeMy WebLinkAbout11-242MAY 10, 2011 MAY 24, 2011 11 -213 11 -242 ORDINANCE
FIRST READING SECOND READING
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE HARWELL ANNEXATION REQUEST FROM TOWN OF
OSHKOSH / 635 WEST SNELL ROAD
INITIATED BY: JAMES HARWELL & CARRIE COFFREN- HARWELL, 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 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 Administration 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 Administration has issued its opinion that the annexation is /is
not contrary to the public interest; and
MAY 10, 2011 MAY 24, 2011 11 -213 11 -242 ORDINANCE
FIRST READING SECOND READING
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 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 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 #11 -242 APPROVE HARWELL ANNEXATION REQUEST FROM TOWN OF
OSHKOSH / 635 WEST SNELL ROAD on May 24, 2011. The Ordinance annexed
property at 635 West Snell Road 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
HARWELL ANNEXATION LEGAL DESCRIPTION
BEING ALL OF LOT 2 OF BLOCK 1 OF THE OLSON ACRES PLAT AND ADJACENT
SOUTH '/ OF WEST SNELL ROAD RIGHT -OF -WAY, ALL LOCATED IN THE
NORTHEAST % OF THE NORTHEAST % OF SECTION 2, TOWNSHIP 18 NORTH,
RANGE 16 EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, WHICH
IS BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHEAST CORNER OF SAID SECTION 2, TOWNSHIP
18 NORTH, RANGE 16 EAST; THENCE SOUTH 89 0 09'15" WEST, 1,001.27 FEET
ALONG THE NORTH LINE OF SAID SECTION 2 TO THE POINT OF BEGINNING;
THENCE SOUTH 00 0 50'45" EAST, 33.00 FEET, TO A POINT ON THE SOUTH RIGHT -
OF -WAY LINE OF WEST SNELL ROAD, ALSO BEING THE NORTHEAST CORNER OF
SAID LOT 2; THENCE CONTINUING SOUTH 00 0 50'45" EAST, 160.00 FEET, TO THE
SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 89 0 09'15" WEST, 112.50 TO
THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 00 0 50'45" WEST,
160.00 FEET TO A POINT ON THE SOUTH RIGHT -OF WAY LINE OF WEST SNELL
ROAD, ALSO BEING THE NORTHWEST CORNER OF SAID LOT 2; THENCE
CONTINUING NORTH 00 0 50'45" WEST, 33.00 FEET TO A POINT ON THE NORTH LINE
OF SAID SECTION 2; THENCE NORTH 89 0 09'15" EAST, 112.50 FEET TO THE POINT
OF BEGINNING.
SAID AREA CONTAINS 21,713 SQUARE FEET OR 0.498 ACRES, MORE OR LESS.
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ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Buric
Director of Pl mm�g Services
DATE: May 5, 2011
RE: Approve Harwell Annexation Request from Town of Oshkosh / 635 West Snell Road
(Plan Commission recommends approval)
BACKGROUND
James Harwell & Carrie Coffren - Harwell request approval of the Harwell Annexation of
approximately 0.498 acres of land located at 635 W. Snell Road in the Town of Oshkosh generally
located 900 feet west of Jackson Street. 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).
ANALYSIS
The owner /petitioner is requesting 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 north and south as well as to be compatible with the existing County R -2 Suburban
Residential District (subdivided) zoning to the east and west. 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
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 reviewed the request and city
facilities (sanitary sewer and water main) are readily available for connections.
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 $117.87 per year or a total of $589.35 over five years. The annexation will add
approximately $153,000 in assessed value to the city.
RECOMMENDATION
The Plan Commission approved of this request at its May 3, 2011 meeting.
Approved,
City Manager
ITEM: HARWELL ANNEXATION
Plan Commission meeting of May 3, 2011
GENERAL INFORMATION
Applicant/Property Owner: James Harwell & Carrie Coffren - Harwell
Action(s) Requested:
The petitioners are proposing direct annexation (by unanimous approval) of approximately 0.498 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:
James Harwell & Carrie Coffren - Harwell request approval of the Harwell Annexation of
approximately 0.498 acres of land located at 635 W. Snell Road in the Town of Oshkosh generally
located 900 feet west of Jackson Street. 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).
Suhiect Site
Existing and Use
Zonin
Single - Family Dwelling
R -2 (County)
Adiacent Land Use and Zonin
Comnrehensive Plan
Land Use Recommendation
Land Use
10 Year Recommendation
Residential
20 Year Recommendation
Residential
A N A T .VCTR
The petitioner requests approval of the Harwell annexation (by unanimous approval) of approximately
0.498 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 north and south as well as to be compatible with the existing
County R -2 Suburban Residential District (Subdivided) zoning to the east and west.
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 city facilities (sanitary sewer and water
main) are readily available for connections. 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 Harwell Annexation with temporary and permanent zoning of R -1
Single Family Residence 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 as well as the land use and
zoning classifications in said area. He explained that the petitioners are requesting the annexation to
connect to city utilities and have access to city police and fire protection services. The Police, Fire, and
Public Works Departments have reviewed the request and do not have any concerns with providing
services to this property. The petitioner is requesting temporary and permanent zoning of
R -1 Single Family Residence District.
Ms. Propp questioned if the mix of properties remaining in the Town with the annexation of this site
would create any problems.
Mr. Nau responded negatively.
Mr. Thorns inquired if the costs to connect to city utilities would be born by the property owner.
Mr. Nau responded affirmatively.
Motion by Thoms to approve the Harwell Annexation with temporary and permanent zoning of
R -1 Single Family Residence District as requested.
Seconded by Nollenberger. Motion carried 7 -0.
ITEM —Harwell 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 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:
E ARWELL ANNEXATION
BEING ALL OF LOT 2 OF BLOCK 1 OF THE OLSON ACRES PLAT AND ADJACENT SOUTH V2 OF WEST
SNELL ROAD RIGHT -OF -WAY, ALL LOCATED IN THE NORTHEAST' /a OF THE NORTHEAST 1 /4 OF SECTION
2, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN,
WHICH IS BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHEAST CORNER OF SAID SECTION 2, TOWNSHIP 18 NORTH, RANGE 16
EAST; THENCE SOUTH 89'09'15" WEST, 1,001.27 FEET ALONG THE NORTH LINE OF SAID SECTION 2 TO
THE POINT OF BEGINNING; THENCE SOUTH 00 °50'45" EAST, 33.00 FEET, TO A POINT ON THE SOUTH
RIGHT -OF -WAY LINE OF WEST SNELL ROAD, ALSO BEING THE NORTHEAST CORNER OF SAID LOT 2;
THENCE CONTINUING SOUTH 00 0 50'45" EAST, 160.00 FEET, TO THE SOUTHEAST CORNER OF SAID LOT 2;
THENCE SOUTH 89 WEST, 112.50 TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH
00 0 50'45" WEST, 160.00 FEET TO A POINT ON THE SOUTH RIGHT -OF WAY LINE OF WEST SNELL ROAD,
ALSO BEING THE NORTHWEST CORNER OF SAID LOT 2; THENCE CONTINUING NORTH 00 °50'45" WEST,
33.00 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89 EAST,
112.50 FEET TO THE POINT OF BEGINNING.
SAID AREA CONTAINS 21,713 SQUARE FEET OR 0.498 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.
f� APR 12 2011
3
QUALIFICATION
DATE
(elector and /or
NAME
POST OFFICE ADDRESS
SIGNED
property owner)
635 W. Snell Rd., Oshkosh, WI 54901
Owner
�e�.
'offren- Harwell
635 W. e1l�Z ;; Osl kosl� Wil ' 4 bl�
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f� APR 12 2011
3
PETITION FOR TEMPORARY AND PERMANENT ZONING CLASSIFICATION
TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH:
WHEREAS the undersigned are electors and/or properly 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,
Harwell 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
APR 12 2011 i
CITY CLEBR- S OF ICE
2
Qualification
DATE
(elector and /or
NAME
POST OFFICE ADDRESS
SIGNED
property owner
J H. H well
635 W. Snell Rd., Oshkosh, WI 54901
Owner
Z'
offren- Harwell
635 W. Snell Rd., Oshkosh, WI 54901
Owner
2
ANNEXATION MUELLER KEVIN K /LAURA L CHRISTIANSEN CURT R
635 W SNELL RD 3715 HARVEST DR 580 OLSON AVE
PC: 05 -03 -11 OSHKOSH WI 54901 8216 OSHKOSH WI 54901 1131
HILL STEVEN L
640 OLSON AVE
OSHKOSH WI 54901 1133
BUHROW AUDREY H
680 OLSON AVE
OSHKOSH WI 54901 1133
HARWELL JAMES
COFFREN HARWELL CARRIE
635 W SNELL RD
OSHKOSH WI 54901
RASMUSSEN NOEL
675 W SNELL RD
OSHKOSH WI 54901
JEANNETTE MERTEN
TOWN OF OSHKOSH CLERK
1065 COZY LN
OSHKOSH WI 54901
GILMAN LAWRENCE /KASEY
575 W SNELL RD
OSHKOSH WI 54901
HAUCK MATTHEW D /LISA R
3710 WESTERN CT
OSHKOSH WI 54901 1196
5
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DISCLAIMER
This map Is neither a legally recorded map nor
■ 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
635 W SNELL RD
Scale: 1" = 60'
O
N OfHK lH
ON THE WATER
City of Oshkosh
Department of
Community Development
04/13/11
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
At
ANNEXATION
635 W SNELL RD N O.fHKOfH
011'1111 WATER
City of Oshkosh
Department of
Scale: 1" — 1000' Community Development
0411311
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 discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
0 ANNEXATION
635 W SNELL RD N O.fHKOfH
ON THE WATER
City of Oshkosh
Department of
Scale: 1 60
�� ' Community Development
=
04/13/11