HomeMy WebLinkAbout11-361J U LY 26, 201
FIRST READING
(CARRIED 7 -0
AUGUST 13, 2011
SECOND READING
LOST LAID OVER
WITHDRAWN )
PURPOSE: APPROVE CHRISTL ANNEXATION REQUEST FROM TOWN OF
OSHKOSH / 3026 JACKSON STREET
INITIATED BY: 3026 JACKSON LLC, 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 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
11 -350 11 -361 ORDINANCE
WHEREAS, the petitioners have requested that the annexation ordinance
JULY 26, 201 AUGUST 13, 2011 11 -350 11 -361 ORDINANCE
FIRST READING SECOND READING CONT'D
WHEREAS, the Plan Commission of the City of Oshkosh is recommending that said
property be temporarily zoned C -2 General Commercial.
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:
Part Of The Southwest Y4 Of The Southwest Y4 Of Section 1, T18N, R16E, Town Of
Oshkosh, Winnebago County, Wisconsin Bounded And Described As Follows:
Commencing At The Southwest Corner Of Said Section 1, Thence North 00 0 28'00" West
Along The West Line Of Said % Section 992.13 Feet To The Point Of Beginning; Thence
Continuing North 00 0 28'00" West Along The West Line Of Said % Section 165.00 Feet;
Thence North 88 0 56'54" East 660.00 Feet; Thence South 00 0 28'00" East 165.00 Feet;
Thence South 88 0 56'54" West 660.00 Feet To The Point Of Beginning. Said Parcel
Contains 108,894 Square Feet Or 2.50 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.
SECTION 4. Said property hereinabove described is hereby temporarily zoned C -2
General Commercial.
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 -361 APPROVE CHRISTL ANNEXATION REQUEST FROM
TOWN OF OSHKOSH / 3026 JACKSON STREET on August 10, 2011. 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.
CIO
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O1HKOfH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Buricl
Director of Planning Services
DATE: July 21, 2011
RE: Approve Christl Annexation Request from Town of Oshkosh / 3026 Jackson Street
(Plan Commission recommends approval)
BACKGROUND
Richard Christl /3026 Jackson, LLC, requests approval of an annexation of approximately 2.500 acres
of land located at 3026 Jackson Street in the Town of Oshkosh approximately 450 feet south of West
Fernau Avenue. The subject site contains a funeral home, single family dwelling and off - street
parking area. Two properties are a part of this request; a 2.12 acre parcel containing the funeral home,
single family dwelling and associated off street parking area, and the second, a 25 -foot wide, 0.37 acre
strip of land under the same ownership located south of the main property. Currently, the property has
a Winnebago County zoning designation of B -3(HB) General Business District (Highway Business
Uses).
ANALYSIS
The owner /petitioner is requesting the property be annexed with a C -2 General Commercial District
zoning classification. Funeral homes are a permitted use in this district with a conditional use permit
however since the use already exists, the permit would not be required. The purpose of the annexation
is to allow the expansion of the funeral home use by converting the single - family structure to a
crematory facility. The Department of Public Works has reviewed the request and city facilities are
readily available for connection. Oshkosh Fire and Police Departments have also reviewed the
annexation request and do not have any concerns with providing services to this property.
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 $197.54 per year or a total of $987.70 over five years. The annexation will add
approximately $218,400 in assessed value to the city.
RECOMMENDATION
The Plan Commission approved of this request at its July 19, 2011 meeting.
Approved,
City Manager
ITEM: CHRISTL ANNEXATION
Plan Commission meeting of July 19, 2011
GENERAL INFORMATION
Applicant/Property Owner: Richard Christl /3026 Jackson, LLC
Action(s) Requested:
The petitioner is proposing direct annexation (by unanimous approval) of approximately 2.500 acres of
land consisting of two parcels 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 Christl /3026 Jackson, LLC requests approval of the Christl Annexation of approximately
2.500 acres of land located at 3026 Jackson Street in the Town of Oshkosh generally located 450 feet
south of W. Fernau Avenue. The subject site contains a funeral home, single family dwelling and off -
street parking area. Two properties are a part of this request; a 2.12 acre parcel containing the funeral
home, single family dwelling and associated off street parking area, and the second, a 25 -foot wide,
0.37 acre strip of land under the same ownership located south of the main property. Currently, the
property has a Winnebago County zoning designation of B -3(HB) General Business District (Highway
Business Uses).
Qnhiert Cite
Existing Land Use
Zonin
Funeral Home/Single-Family Dwelling
B -3(HB) (County)
Adiacent Land Use and Gonm
f mmnrPhPncivP Plan
Land Use Recommendation
Land Use
10 Year Recommendation
Commercial
20 Year Recommendation
Commercial
ANALYSIS
The petitioner requests approval of the Christl Annexation (by unanimous approval) of approximately
2.500 acres of land located in the Town of Oshkosh. They request the property be annexed with a C -2
General Commercial District zoning classification. Funeral homes are normally permitted with a
Conditional Use Permit in the C -2 district. However, the use already exists (grandfathered) so at this
time, a Conditional Use Permit will not be required.
The purpose of the annexation is to allow the petitioner to expand the funeral home use by converting
the single- family structure to a crematory facility. As proposed, this would be an accessory use to the
funeral home business, so no conditional use permit is required unless the improvements exceed 50%
of the current assessed value of the property improvements. In that case, the petitioner would have to
get Common Council approval for the overall site and use.
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 Christl Annexation with temporary and permanent zoning of C -2
General Commercial 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 current land use
and zoning classifications in said area. He discussed the existing land use of the site which contains a
funeral home and single - family dwelling which the petitioner desires to convert the residential
structure to a crematory facility. The property is zoned appropriately for the proposed use and a
conditional use permit would not be necessary as the use already exists on the site. The Department of
Public Works and the Oshkosh Fire and Police Departments have all reviewed the request and do not
have any issues with providing service to this property.
Ms. Propp inquired if the property is currently zoned for business use by the County and if it would be
adjacent to industrial zoning uses once annexed into the City.
Mr. Nau replied that the current County zoning is designated as Highway Business Corridor and the
City's Comprehensive Plan recommends commercial use for this area.
Motion by Borsuk to approve the Christl annexation at 3026 Jackson Street as requested.
Seconded by Vajgrt. Motion carried 8 -0.
ITEM— Christl 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 One 1 .
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:
CE RISTL ANNEXATION
PART OF THE SOUTHWEST 1 /40F THE SOUTHWEST 1 /40F SECTION 1, TI 8N, RI 6E, TOWN OF
OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, THENCE NORTH 00 0 28'00"
WEST ALONG THE WEST LINE OF SAID 1 /4 SECTION 992.13 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00 0 28'00" WEST ALONG THE WEST LINE OF SAID 1 /4 SECTION
165.00 FEET; THENCE NORTH 88 0 56'54" EAST 660.00 FEET; THENCE SOUTH 00 °28'00" EAST 165.00
FEET; THENCE SOUTH 88 °56'54" WEST 660.00 FEET TO THE POINT OF BEGINNING. SAID
PARCEL CONTAINS 108,894 SQUARE FEET OR 2.50 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.
D EC - ILIE� %
JUL 11 2011
CITY CLERK'SOrFICE
QUALIFICATION
DATE
(elector and /or
NAME
POST OFFICE ADDRESS
SIGNED
pro ow W)
Richard L. Christl
P.O. Box 368
Omro, WI 54963
��1?
r
D EC - ILIE� %
JUL 11 2011
CITY CLERK'SOrFICE
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,
Christl Annexation,
M
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:
C -2, General Commercial District
D rD ��,/ [
JUL 11 2011
CITY CLE-RKO OFFICE
4
Qualification
DATE
(elector and/or
NAME
POST OFFICE ADDRESS
SIGNED
pro ow *e
Richard L. Christl
P.O. Box 368
Omro, WI 54963
r
D rD ��,/ [
JUL 11 2011
CITY CLE-RKO OFFICE
4
ANNEXATION KOPE /COLLEEN I MINERAL SPRING WATER LLC
3026 JACKSON ST 1910 SKY RANCH AVE 3027 JACKSON ST
PC: 07 -19 -11 OSHKOSH WI 549040000 OSHKOSH WI 549010000
DOBRATZ ETAL /DONNA R
3051 JACKSON ST
OSHKOSH WI 549010000
KIENAST /LUVERN
765 N WASHBURN ST
OSHKOSH WI 549040000
WISCONSIN /STATE OF
PO BOX 28080
GREEN BAY WI 543040080
AVENUE PROPERTIES I INC
1910 SKY RANCH AVE
OSHKOSH WI 549040000
REDEMANN PAUL
PO BOX 481
OSHKOSH WI 549030481
KUHNZ DAVID
3020 JACKSON ST
OSHKOSH WI 54901
3026 JACKSON LLC
PO BOX 368
OMRO WI 549630368
CARSTENS JACK /LINDA
3021 N MAIN ST
OSHKOSH WI 54901
JEANNETTE MERTEN
TOWN OF OSHKOSH CLERK
1065 COZY LN
OSHKOSH WI 54901
DOWLING DAN
PO BOX 3045
OSHKOSH WI 549033045
5
151
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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 discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
0
ANNEXATION PETITION
3026 JACKSON ST N O.IHKOfH
ON THE WATER
City of Oshkosh
Department of
Scale: 1" = 150' Community Development
06/27/11
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 discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
ANNEXATION PETITION
3026 JACKSON ST
Scale: 1" = 1000'
0
N O.IHKO.fH
ON THE WATER
City of Oshkosh
Department of
Community Development
06/27/11
VA
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
ANNEXATION PETITION
3026 JACKSON ST
Scale: 1" = 150'
N OYHKOlH
ON THE waTM
City of Oshkosh
Department of
Community Development
06/27/11
5