HomeMy WebLinkAbout14. 12-360 JULY 10, 2012 12-360 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE DELAYED ATTACHMENT REQUEST TO ATTACH TO
THE CITY OF OSHKOSH FROM TOWN OF ALGOMA/GALLMANN
DELAYED VOLUNARY ATTACHMENT, 1555 SOUTH OAKWOOD
ROAD
INITIATED BY: BRENT & MARILYN GALLMANN, OWNERS
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN
TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 13TH WARD
OF SAID CITY.
The Common Council of the City of Oshkosh do ordain as follows:
WHEREAS, the City of Oshkosh and Town of Algoma have adopted a Cooperative
Plan as set forth in s. 66.0307, Wis. Stats., and approved by the Wisconsin Department of
Administration, that identifies areas within the Town of Algoma as expansion areas to attach
to the City of Oshkosh; and
WHEREAS, a voluntary delayed attachment petition duly circulated has heretofore
been signed by the owners of all the real property within such territory to be attached to the
City of Oshkosh from the Town of Algoma; and
WHEREAS, the proposed territory to be attached is located within the designated
Expansion Area of the Town of Algoma to the City of Oshkosh; and
WHEREAS, the property owner has requested temporary zoning of R-1 Single Family
Residence; and
WHEREAS, the Town Clerk for the Town of Algoma has been provided with written
notice regarding the attachment in the time period specified by the approved Cooperative
Plan; and
WHEREAS, the Town of Algoma has not filed an objection to the attachment with the
City.
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
JULY 10, 2012 12-360 ORDINANCE
FIRST READING CONT'D
SECTION 1. The following described territory, pursuant to a duly filed voluntary
attachment petition is hereby attached to and made part of the City of Oshkosh, a
municipal corporation located in Winnebago County, more specifically to the 13th Ward of
said City and subject to Wisconsin Statutes and the amendments thereto:
Known As 1555 S. Oakwood Road, A Part Of The Southeast % Of The Northeast % Of
Section 29, Town 18 North, Range 16 East, Town Of Algoma, Winnebago County,
Wisconsin, Described As Follows: Commencing At The East'/Corner Of Said Section 29;
Thence North 00°25'40" West, 111.70 Feet Along The East Line Of Said Section 29;
Thence North 89°43'03" West, 33.00 Feet To A Point On The West Right-Of-Way Line Of
S. Oakwood Road, Also The True Point Of Beginning; Thence Continuing North 89°43'03"
West, 851.35 Feet To A Point On The Easterly Line Of The First Addition To Westleigh
Farms Subdivision; Thence North 38°14'38" East, 139.48 Feet Along Said Easterly Line Of
The 1st Addition To Westleigh Farms Subdivision; Thence South 89°43'03"East, 764.20
Feet To A Pont On The West Right-Of-Way Line Of S. Oakwood Road; Thence South
00°25'40" East, 110.00 Feet Along Said Right-Of-Way Line To The Point Of Beginning.
Said Parcel Contains Approximately 88,845 Square Feet Or 2.0396 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)(a)and 66.0307(10)of the Wisconsin
Statutes and the City Clerk shall give written notice to the Secretary of State.
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 5 years from the
Sunday after its passage and publication or in accordance with the approved Cooperative
Plan between the Town of Algoma and the City of Oshkosh.
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #12-XXX APPROVE DELAYED ATTACHMENT REQUEST TO
ATTACH TO THE CITY OF OSHKOSH FROM TOWN OF ALGOMA / GALLMANN
DELAYED VOLUNARY ATTACHMENT, 1555 SOUTH OAKWOOD ROAD on July 24,
2012. 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, Director of Planning Services Division J3
DATE: July 5, 2012
RE: Approve Gallmann Delayed Attachment from the Town of Algoma
BACKGROUND/SUBJECT PROPERTY
This is a delayed voluntary attachment of approximately 2.0396 acres of land located in the Town of Algoma.
The purpose of the attachment is to obtain utility service(sanitary sewer)for an existing single-family residence
at 1555 S. Oakwood Road. The property is currently zoned R-1ETZ, Single Family Residence District
Extraterritorial Zoning. The attachment is delayed because under the terms of the Boundary Agreement
between the City and Town of Algoma, provisions allow for connection to City sewer and water facilities and
delay the actual transfer of property to the City's jurisdiction for a five year period or until a defined City
expansion area is immediately attached as outlined in the Cooperative Plan. The subject property is located in
Zone B which is scheduled for attachment in March, 2018.
ANALYSIS
The property is proposed to be attached with a zoning classification of R-1, Single Family Residence District,
which is consistent with the Comprehensive Plan's land use recommendation and the existing land use pattern of
the surrounding area. The property will remain under Town/County jurisdiction for most services(other than
zoning administration, and sanitary sewer service) until the property is automatically attached upon expiration of
the five year attachment delay, after which the City will provide all services. Service provision by the City
should not be an issue as these services are provided to other properties along S. Oakwood Road. As the
attachment is being requested to obtain sanitary sewer service, all connection charges will be required to be paid
prior to connection.
FISCAL IMPACT
None anticipated. When the property eventually attaches to the City it will add approximately $160,000 to the
property tax rolls.
RECOMMENDATION
It appears that the Gallmann Delayed Voluntary Attachment is in the best interest of the City and I recommend
approval as requested.
4ed, Roiliarfrie
•
City Manager
PETITION FOR UNANIMOUS OUS DELAYED VOLUNTARY ATTAC al 3- NT
TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN:
WHEREAS, the City of Oshkosh and Town of Algoma have adopted a Cooperative Plan as set forth in s.
66.0307,Wis. Stats.,approved by the Wisconsin Department of Administration,that identifies areas within the Town
of Algoma as expansion areas for the City of Oshkosh;
WHEREAS,the undersigned represent the owners of the territory to be attached to the City of Oshkosh from
the Town of Algoma;
WHEREAS,the proposed territory to be attached is located within the designated Expansion Area of the Town
of Algoma to the City of Oshkosh;
WHEREAS,the petitioners are requesting to obtain sanitary sewer service from the City;
WHEREAS,the petitioners are requesting a five(5)year delayed voluntary attachment under Section 11.02(c)
of the Cooperative Plan;
WHEREAS,the current population of the territory to be attached as defined by Sec. 66.0201(2)(dm) of the
Wisconsin Statutes is (Two) 2 .
NOW, THEREFORE, THIS PETITION IS HEREBY MADE for unanimous delayed voluntary attachment,
pursuant to the provisions of the approved Cooperative Plan between the City of Oshkosh and the Town of Algoma,
for attachment to the City of Oshkosh,Wisconsin,from the Town of Algoma,Winnebago County,Wisconsin,of the
real estate hereinafter described as follows:
Gallmann Delayed Voluntary Attachment
KNOWN AS 1555 S.OAKWOOD ROAD,A PART OF THE SOUTHEAST'A OF THE NORTHEAST'A OF SECTION 29,
TOWN 18 NORTH,RANGE 16 EAST,TOWN OF ALGOMA,WINNEBAGO COUNTY,WISCONSIN,DESCRIBED AS
FOLLOWS: COMMENCING AT THE EAST''/ CORNER OF SAID SECTION 29; THENCE NORTH 00°25'40"WEST, 111.70
FEET ALONG THE EAST LINE OF SAID SECTION 29;THENCE NORTH 89°43'03"WEST,33.00 FEET TO A POINT ON
THE WEST RIGHT-OF-WAY LINE OF S. OAKWOOD ROAD,ALSO THE TRUE POINT OF BEGINNING;THENCE
CONTINUING NORTH 89°43'03"WEST, 851.35_FEET TO A POINT ON THE EASTERLY LINE OF THE FIRST ADDITION
TO WESTLEIGH FARMS SUBDIVISION;THENCE NORTH 38°14'38"EAST, 139.48 FEET ALONG SAID EASTERLY LINE
OF THE 1ST ADDITION TO WESTLEIGH FARMS SUBDIVISION; THENCE SOUTH 89°43'03"EAST, 764.20 FEET TO A
PONT ON THE WEST RIGHT-OF-WAY LINE OF S. OAKWOOD ROAD; THENCE SOUTH 00°25'40"EAST, 110.00 FEET
ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY
88,845 SQUARE FEET OR 2.0396 ACRES,MORE OR LESS.
QUALIFICATION
DATE (elector and/or
NAIVE POST OFFICE ADDRESS SIGNED property owner)
Elector& Property
1555 S. Oakwood Rd. J: u Z-Owner
Brent J. Gallmann ' Oshkosh, WI 54904
Elector&Property
C. 1555 S. Oakwood Rd. �[ r,` 2.6- /- Owner
Marilyn L. Gallmann Oshkosh, WI 54904
PETITION FOR TEMPORARY 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 attached to the City of Oshkosh, said area being more particularly described in a certain petition
for unanimous delayed voluntary attachment to the City of Oshkosh,
Gallmann Delayed Voluntary Attachment,
and,
WHEREAS it is acknowledged by the undersigned that submitting of this petition does not
in any matter attempt to make said petition for attachment 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 attaching 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
f J Qualification
I�AT POST OFFIC (elector and/or
ADDRESS ' DATE SIGNED ro erty owaterL
i 1555 S. Oakwood Rd.
Elector&
Brent J. Crallmann • : 2r) Property Owner
Oshkosh, WI 54904
Elector &
1555 S. Oakwood.Rd.
0, Z i Z Property
Marilyn L. Gallmann ' Oshkosh, WI 54904 Owner