HomeMy WebLinkAbout16. 12-441 SEPTEMBER 11, 2012 12-441 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE REQUEST FROM HORICON BANK FOR DELAYED
ATTACHMENT FROM TOWN OF ALGOMA/ HORICON BANK
DELAYED ATTACHMENT; INTERSECTION OF OMRO ROAD &
STATE ROAD 21
INITIATED BY: HORICON BANK
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN
TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 16TH 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 C-2 General
Commercial District; 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:
SEPTEMBER 11, 2012 12-441 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 16th Ward of said City and
subject to Wisconsin Statutes and the amendments thereto:
A PART OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP
18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN
BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID
SECTION 16; THENCE NORTH 89°08'09" EAST, 815.20 FEET ALONG THE NORTH LINE
OF THE SOUTHEAST 1/4 OF SAID SECTION 16; THENCE SOUTH 00°59'01" EAST, 33.00
FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF OMRO ROAD AND THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°59'01" EAST, 212.63 FEET TO
A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 21; THENCE
NORTH 63°17'37" EAST, 212.64 FEET ALONG SAID NORTH RIGHT OF WAY LINE OF
OMRO ROAD; THENCE NORTH 67°37'44" EAST, 89.60 FEET ALONG SAID NORTH
RIGHT-OF-WAY LINE OF OMRO ROAD; THENCE NORTH 00°59'01" WEST, 87.09 FEET;
THENCE SOUTH 89°08'09" WEST, 275.00 FEET ALONG THE EXTENDED SOUTH RIGHT-
OF WAY LINE AND SOUTH RIGHT-OF WAY LINE OF OMRO ROAD TO THE POINT OF
BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 40,491 SQUARE FEET OR
0.930 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: C-2 General Commercial District.
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 REQUEST FROM HORICON BANK FOR DELAYED
ATTACHMENT FROM TOWN OF ALGOMA / HORICON BANK DELAYED ATTACHMENT;
INTERSECTION OF OMRO ROAD & STATE ROAD 21 on September 25, 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
DATE: September 6,2012
RE: Approve Horicon Bank Delayed Attachment from the Town of Algoma
BACKGROUND/SUBJECT PROPERTY
This is a delayed voluntary attachment of approximately 0.930 acres of land located in the Town of Algoma.
The purpose of the attachment is to obtain utility service (water main) for a proposed bank building(Horicon
Bank) at 2251 Omro Road. The property is currently zoned C-2ETZ, General Commercial 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 C-2, General Commercial 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 water main service)until the property is automatically attached upon expiration of
the five year attachment delay, after which the City will provide all services besides sanitary sewer. Service
provision by the City should not be an issue as these services are provided to other properties within the
immediate area. Sanitary sewer service will be provided by the Town of Algoma as the property is located
within the Town of Algoma Sanitary District. As the attachment is being requested to obtain water main
service, all connection charges will be required to be paid prior to connection. The Department of Public Works
will include water main extension to the subject property from Highway 21 in the 2013 Capital Improvements
Program with all expenses being the responsibility of the petitioner.
FISCAL IMPACT
None anticipated. When the property attaches to the City after the five year delay, it will add approximately
$700,000 to the property tax rolls.
RECOMMENDATION
It appears that the Horicon Bank Delayed Voluntary Attachment is in the best interest of the City and I
recommend approval as requested.
Approved,
Ci Manager
PETITION FOR UNANIMOUS DELAYED VOLUNTARY ATTACHMENT
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 water 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 (Zero) 0 .
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:
Horicon Bank Delayed Voluntary Attachment
A PART OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 18 NORTH,RANGE 16
EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS
FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 16; THENCE NORTH 89°08'09"EAST, 815.20
FEET ALONG THE NORTH LINE OF THE SOUTHEAST'A OF SAID SECTION 16; THENCE SOUTH 00°59'01"
EAST, 33.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF OMRO ROAD AND THE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 00°59'01"EAST,212.63 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF STATE HIGHWAY 21; THENCE NORTH 63°17'37"EAST, 212.64 FEET ALONG SAID
NORTH RIGHT OF WAY LINE OF OMRO ROAD; THENCE NORTH 67°37'44"EAST, 89.60 FEET ALONG SAID
NORTH RIGHT-OF-WAY LINE OF OMRO ROAD; THENCE NORTH 00°59'01"WEST, 87.09 FEET; THENCE
SOUTH 89°08'09"WEST, 275.00 FEET ALONG THE EXTENDED SOUTH RIGHT-OF WAY LINE AND SOUTH
RIGHT-OF WAY LINE OF OMRO ROAD TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS
APPROXIMATELY 40,491 SQUARE FEET OR 0.930 ACRES, MORE OR LESS.
QUALIFICATION
DATE (elector and/or
N•. E POST OFFICE ADDRESS SIGNED property owner)
tu_c
Steven A. Glish
Vice President 1821 Witzel Avenue Authorized
Horicon Bank Oshkosh WI, 54902 Representative
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,
Horicon Bank 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:
C-2 General Commercial District
Qualification
(elector and/or
NAME POST OFFICE ADDRESS DATE SIGNED property owner)
J
r —
Steven A. Glish C Lit( )-
Vice President 1821 Witzel Avenue Authorized
Horicon Bank Oshkosh, WI 54902 Representative
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DISCLAIMER Horican Bank
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This map is neither a legally recorded map nor
a survey and it is not intended to be used as one. Delayed Attachment
This drawing is a compilation of records,data OfHKO.IH
and information located in various city,county
and state offices and other sources affecting ON THE WATER
the area shown and it is to be used for reference City of Oshkosh
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained. Department of
If discrepencies are found,please contact the Community Development
City of Oshkosh. Scale: 1" = 500'
Created by- D 9/4/12