HomeMy WebLinkAbout16. 12-422
AUGUST 15, 2012 AUGUST 28, 2012 12-409 12-422 ORDINANCE
FIRST READING SECOND READING
(CARRIED___6-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY OF OSHKOSH
FROM THE TOWN OF ALGOMA / JAMES ROAD ATTACHMENT;
CITY OF OSHKOSH, OWNER
INITIATED BY: CITY ADMINISTRATION
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 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 owners have 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:
AUGUST 15, 2012 AUGUST 28, 2012 12-409 12-422 ORDINANCE
FIRST READING SECOND 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:
BEING PART OF LOT 2 OF CERTIFIED SURVEY MAP #4255 AND PART OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF THE SOUTHWEST 1/4 OF
THE SOUTHWEST 1/4, ALL IN SECTION 31, TOWNSHIP 18 NORTH, RANGE 16 EAST,
TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND
DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SECTION
31 AND THE POINT OF BEGINNING; THENCE SOUTH 89°06'03" EAST, 942.01 FEET
ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 31; THENCE SOUTH
00°41'32" WEST, 2,163.95 FEET; THENCE SOUTH 89°22'05" EAST 406.14 FEET;
THENCE SOUTH 00°01'39" EAST, 30.00 FEET; THENCE NORTH 89°22'05" WEST,
825.23 FEET TO A MEANDER CORNER BEING NORTH 89°22'05" EAST, 6.00 FEET
MORE OR LESS FROM THE WEST SHORE LINE OF AN UNNAMED SAWYER CREEK
TRIBUTARY; THENCE NORTH 36°44'51" WEST, 295.26 FEET ALONG A MEANDER
LINE TO A MEANDER CORNER BEING SOUTH 53°15'09"WEST, 9.00 FEET MORE OR
LESS FROM THE WEST SHORE LINE OF SAID UNNAMED SAWYER CREEK
TRIBUTARY;THENCE NORTH 40°02'36"WEST, 59.97 FEET ALONG A MEANDER LINE
TO A MEANDER CORNER BEING SOUTH 49°57'24"WEST 8.00 FEET MORE OR LESS
FROM THE WEST SHORE LINE OF SAID UNNAMED SAWYER CREEK TRIBUTARY;
THENCE NORTH 69°39'17" WEST, 44.76 FEET ALONG A MEANDER LINE TO A
MEANDER CORNER BEING SOUTH 20°20'43" WEST, 9.00 FEET MORE OR LESS
FROM THE WEST SHORE LINE OF SAID UNNAMED SAWYER CREEK TRIBUTARY;
THENCE NORTH 83°39'36" WEST, 263.78 FEET ALONG A MEANDER LINE TO A
MEANDER CORNER BEING SOUTH 00°41'32" WEST, 8.00 FEET MORE OR LESS
FROM THE WEST SHORE LINE OF SAID UNNAMED SAWYER CREEK TRIBUTARY
AND TO THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 31; THENCE NORTH
00°41'32" EAST, 1,876.90 FEET ALONG SAID WEST LINE TO THE POINT OF
BEGINNING, EXCLUDING ALL LANDS LYING BETWEEN THE MEANDER LINE AND
WEST SHORE OF SAID UNNAMED SAWYER CREEK TRIBUTARY. SAID PARCEL
CONTAINS 1,946,891 SQUARE FEET OR 44.694 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.
AUGUST 15, 2012 AUGUST 28, 2012 12-409 12-422 ORDINANCE
FIRST READING SECOND READING CONT'D
SECTION 4. Said property hereinabove described is hereby zoned R-1 Single
Family Residence.
SECTION 5. This Ordinance shall be in full force and effect on the Sunday after its
passage and publication.
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #12-422 APPROVE REQUEST TO ATTACH TO THE CITY OF
OSHKOSH FROM THE TOWN OF ALGOMA / JAMES ROAD ATTCHMENT; CITY OF
OSHKOSH, OWNER on August 28, 2012. The Ordinance attached property from the
Town of Algoma to the City of Oshkosh generally located north of 4812 State Road 91.
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.
. it
I SI
§§ / \ I 2
wi 11.
: ® § # -
` -a I ` 0
1.10014160 JO I
/
?f %
3 /
a <4. 4
) s;.1,
\
\ z q Q
. X17) —
zglk �! .''-
I `` ` °
il I 1 1E �0 ~ —
/k
cc
I \ 1 ) 2 0 w
io
\\I ` \
\ �
§ I \ a- ' ce/`r, �
I\ I
° /
I
\ $ { /i
fl
2
\
_ . � ( .
$ ; ?§ $ = 2
\ \) ig \
\ ) _ ka
\ ) V.»
) \
/ g \
a e� � JO /~
� � m�. �,._ _JOM .
\
! s
2 P/ p § 3
9/
. iii nh ( ; # :
/
1
1[ $
I .. ,§ f
G � - , IN z
ig I hi
I I —
I I
I I
I I
— y
7 \\
\ . • ; { \ \ j /
; / ■
Oft
O.lHKO.JH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich, Director of Planning Services Division*
DATE: August 9,2012
RE: Approve James Road Attachment from the Town of Algoma
BACKGROUND/SUBJECT PROPERTY
This is a voluntary attachment of approximately 44.694 acres of City-owned land located in the Town of
Algoma, which borders with the Town of Omro. The purpose of the attachment is to allow the City of Oshkosh
to construct a regional detention basin servicing the Sawyer Creek Watershed. The property is currently zoned
A-2ETZ, General Agricultural District Extraterritorial Zoning.
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. Current surrounding uses are
primarily agricultural with associated single-family farmsteads and agricultural accessory buildings. The
proposed attachment in not contiguous with the current City boundary, however, provisions within the Town of
Algoma—City of Oshkosh Cooperative Plan allows the creation of city islands located in the defined City
expansion areas. Construction of the proposed detention basin will require review from the City Plan
Commission and final approval from the Oshkosh Common Council. In addition, approvals from Winnebago
County are required for construction of the basin within the shoreland zoning district and the portion of the basin
located within the Town of Omro. City facilities (sanitary sewer and water main)are not readily available;
however,the proposed basin does not require connections to this infrastructure. The proposed basin will
provide downstream relief to properties located within the Sawyer Creek Watershed during heavy rain events.
FISCAL IMPACT
There will be no property value added to the City as the property is owned by the City of Oshkosh. Funds are
included in the 2012 Capital Improvement Plan for construction of the detention basin.
RECOMMENDATION
It appears that the James Road Attachment is in the best interest of the City and I recommend approval as
requested.
Approved,
/Kt,—,(—Pd -
City anager
James Road Attachment Petition
REQUEST FOR UNANIMOUS VOLUNTARY ATTACHMENT PETITION
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 all of 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 current population of the territory to be attached as defined by Sec. 66.0201(2)(dm) of the
Wisconsin Statutes is 0 .
NOW,THEREFORE,THIS PETITION IS HEREBY MADE for unanimous 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:
JAMES ROAD ATTACHMENT
BEING PART OF LOT 2 OF CERTIFIED SURVEY MAP #4255 AND PART OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1/4 AND PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4,ALL IN SECTION
31, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY,
WISCONSIN,BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER
OF SECTION 31 AND THE POINT OF BEGINNING; THENCE SOUTH 89°06'03" EAST, 942.01 FEET
ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 31;THENCE SOUTH 00°41'32"WEST,
2,163.95 FEET; THENCE SOUTH 89°22'05" EAST 406.14 FEET; THENCE SOUTH 00°01'39" EAST, 30.00
FEET; THENCE NORTH 89°22'05" WEST, 825.23 FEET TO A MEANDER CORNER BEING NORTH
89°22'05" WEST, 6.00 FEET MORE OR LESS FROM THE WEST SHORE LINE OF AN UNNAMED
SAWYER CREEK TRIBUTARY; THENCE NORTH 36°44'51"WEST,295.26 FEET ALONG A MEANDER
LINE TO A MEANDER CORNER BEING SOUTH 53°15'09"WEST,9.00 FEET MORE OR LESS FROM THE
WEST SHORE LINE OF SAID UNNAMED SAWYER CREEK TRIBUTARY; THENCE NORTH 40°02'36"
WEST, 59.97 FEET ALONG A MEANDER LINE TO A MEANDER CORNER BEING SOUTH 49°57'24"
WEST 8.00 FEET MORE OR LESS FROM THE WEST SHORE LINE OF SAID UNNAMED SAWYER CREEK
TRIBUTARY; THENCE NORTH 69°39'17" WEST, 44.76 FEET ALONG A MEANDER LINE TO A
MEANDER CORNER BEING SOUTH 20°20'43" WEST, 9.00 FEET MORE OR LESS FROM THE WEST
SHORE LINE OF SAID UNNAMED SAWYER CREEK TRIBUTARY; THENCE NORTH 83°39'36"WEST,
263.78 FEET ALONG A MEANDER LINE TO A MEANDER CORNER BEING SOUTH 00°41'32"WEST, 8.00
FEET MORE OR LESS FROM THE WEST SHORE LINE OF SAID UNNAMED SAWYER CREEK
TRIBUTARY AND TO THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 31; THENCE NORTH
00°41'32"EAST, 1,876.90 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING,EXCLUDING
ALL LANDS LYING BETWEEN THE MEANDER LINE AND WEST SHORE OF SAID UNNAMED
SAWYER CREEK TRIBUTARY. SAID PARCEL CONTAINS 1,946,891 SQUARE FEET OR 44.694 ACRES,
MORE OR LESS.
James Road Attachment Petition
That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be attached and its relation to the
municipalities involved.
QUALIFICATION
DATE (elector and/or
NAME POST OFFICE ADDRESS SIGNED property owner)
Mark A. Rohloff P.O. Box 1130
City Manager Oshkosh, WI 54903-1130 ceS 9/
City of Oshkosh, Wisconsin
.''e Al/. ,�e i1t"
RECEMED
AUG 092012
CITY CLERKS OFFICE
2
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 attachment to the City of Oshkosh,
James Road 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
Qualification
(elector and/or
NAME POST OFFICE ADDRESS DATE SIGNED property owner)
City of Oshkosh P.O. Box 1130
Mark A. Rohloff Oshkosh, WI 54903-1130
City Manager 2,-/9 it J.
./e-(1-- ?Ks c--/—. ./4/
AUG 092012
CITY CLERK'S OFFICE
,, ...,
bit:
E _
7.,, EN
3
II -I 1 E
AIN col__ ._ i 1.1 a .in .11=.,..,s111111MINIKSIE 7•!:-.21±Fat",,-,‘ .. _,_ ,Iwzat:
HtflZUR,..
_ for
Eli. 711rhire.dsla.ii 11111161•1 ErrilititT.Ttar, . 171El 75114irlio.v/4117.i. iirppL A., Ai :.I
1 ,E. imml di "Ii, Ins _:,,,,,,A,,,,,,,, .4.,,,,,,2,_ 1,„,, 1, ii ;...,
rlb 117:g -7d ik?..- ....... ,is...[T51:
..-„,,,,..,,....
.. ,...:,,.., ,, , ,
es
1 , in
.416 1,11 .12T
., : . .F.0 - w,I.;LI,
Bil
:i rj r417-1113tal .„, ,i.AM ‘'',1,,
RD ti ii j _L,,_9TH • RI LIrtil.,
IM 111MILI Pla!
. .1cli.-f.._, ---1- .:: El .... .N.-.5,;•i*:.A.'4Fir.: - 11J ow :
cn n 44''4.,= i ''' - 11"11,-f...-7.•.:141, 4
r3.1 •i D 9
im
----- .. .,_,.r., ,ii.,.....41 ,,...,•17.,:,:Asu ea,.
IIIII 111111Eix:
or -g:. .., ;,:::__......:,-;-:,.__- .-',:-....1'7.,:-.1_.;• r ii.,,,,-- ,i. -. ,.•mi
1 1 Iii- Ei .e.,i, MI CCP
ip 10; i :- --'.,i..i iffr 4.,
:t"
-4P, ::::,-.._ _ !-. i, -sz•
..,;..
p4or ,,,,,,,,,... ,: .„ .: „ Pvl ..7.• ■••• ., .•
. ,
•,1".■Th,IN l',% ._ .r.... .-,..,, ,. ., _
-'111111111 --‘ ' OTH
A la ,
IlCO.RD
; rj Iiiiti III
JAMES ROAD %I
MIL MI
It'I c) fiii4gril V-t E i
.,,,,,„.„ .. ,j,• . 50 .
. .!
EL.
\ d.
giliolt PP - -
ATTACHMENT
Nnummigli
111111
_ Fill'411111111
-- no ppr . 11,
1,
,111 =_ :47c,„ftivicr,41,-_221g1L11-1...11
.11111 OA
"ii
r , Ill
1 A II/ V 0 ...11:40■It7A- C:f 20.' $4, RI 1
91 111111m I. TA E A .,..,4) le wig " DENIM. ,
'11, 7_10!1 ) T. " 11111
r All
I itri I S No
p 1
_,„-e
,-.-- i
Ill, 41..._
1 RD
PP mod
.
Adi Ad...
mAri
--M11111.
..,
, 1
1 .
, _.
, ,
pv_. , A
21§11 „NE
,--- , ,..,
,,
, IF- 1111
FAMEINIMaillinall
A
---- = ,
twill
r, ........„....
Lim
il
/4" IN
— —
dli
LEA 11 "7 I 4
E.
'I r--
AI ,i
,
—
cA mr--.2.,,ir , ii - !r\IIIIII
...-
gill
1 1 —
°IIMIIINV A
.z, I.H
—
DISCLAIMER
(ii)
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one. James Road Attachment
0./HKO/H
This drawing is a compilation of records,data
and information located in various city,county
and state offices and other sources affecting ON THE WATER
y
the area shown and it is to be used for reference Cit of Oshkosh
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained. Scale: 1" = 3000' Department of
If discrepencies are found,please contact the Community Development
City of Oshkosh.
8/9/1 2
Created by- D