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HomeMy WebLinkAbout17. 12-442 SEPTEMBER 11, 2012 12-442 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE REQUEST FROM PETER SNYDER FOR DELAYED ATTACHMENT FROM TOWN OF ALGOMA / SNYDER DELAYED ATTACHMENT; 2240 WEST 9TH AVENUE INITIATED BY: PETER SNYDER A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 6TH 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: SEPTEMBER 11, 2012 12-42 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 6th Ward of said City and subject to Wisconsin Statutes and the amendments thereto: KNOWN AS 2240 W 9TH AVENUE, A PART OF THE SOUTHWEST 1/4 OF THE SOUTHEAST '/ OF SECTION 21, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH % CORNER OF SAID SECTION 21; THENCE SOUTH 89°29'57" EAST, 871.51 FEET, ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 21; THENCE NORTH 00°49'44" EAST 40.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF W. 9TH AVENUE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°49'44" EAST, 292.28 FEET, TO A POINT ON THE SOUTH LINE OF THE FIRST ADDITION TO SHADOW CREEK SUBDIVISION; THENCE SOUTH 89°43'14" EAST, 100.00 FEET, ALONG THE SOUTH LINE OF SAID FIRST ADDITION TO SHADOW CREEK SUBDIVISION; THENCE SOUTH 00°49'44" WEST, 292.67 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF W. 9TH AVENUE; THENCE NORTH 89°29'57 WEST. 100.00 FEET ALONG SAID NORTH RIGHT OF WAY LINE OF W. 9TH AVENUE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 29,246 SQUARE FEET OR 0.671 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 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 REQUEST FROM PETER SNYDER FOR DELAYED ATTACHMENT FROM TOWN OF ALGOMA / SNYDER DELAYED ATTACHMENT; 2240 WEST 9TH AVENUE 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. Z e ""4‘. 0 Z Wy w 1111111111116 1( U) v>a) oQ F- Q w7 `° Z o0 W , DN H00■ LV \W U O W V W Z n w v) W V) _� Z N N 0 u_i Z U)- 3 > 00 s 8 u Q =� o 0 U O (nU - )-- 05 0 W CO 0 L_Cl) w _ m 0 m u W Q Z Q o« HZ ZQC Z C.)I'S --Ii E =w - J a �Co Q ioZ 0:U 0 Ul 0 •eda ONd-133V�J0 o ' 4 N .....10 _ m _ • J� •�l aNd1�3ewnn Z 7 M„44,64.005 / �� wsscoeaoln xv O �� (,00'O6Z),BZ'Z6Z • aO� , 1S lSS3NN3H O 3.44,64.00N — 110 P w , w o! � a w� ill W`_ v W Z 070 0 • O N 2 0 CO \ cn U O 'l a11NS N Li m _ Q N 111140 P� 1 'eJI 3OVII 3H NER\1111111111111111577_ —v, _ . LL Li —m Q < ,t- lir 1 VI DO Q CO 7 W �m i-4-001 Q v = E ---7 F- 1111 W C) W V V) _ d - .60 N3AVH1S3M 'S `- 1 lit *7 AI . OJHKOJH 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 Snyder Delayed Attachment from the Town of Algoma BACKGROUND/SUBJECT PROPERTY This is a delayed voluntary attachment of approximately 0.671 acres of land located in the Town of Algoma. The purpose of the attachment is to obtain utility service(sanitary sewer and water main)for an existing single- family residence at 2240 W. 9th Avenue. The property is currently zoned R-IETZ, 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, 20l 8. 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/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. Service provision by the City should not be an issue as these services are provided to other properties along W. 9th Avenue. As the attachment is being requested to obtain sanitary sewer and water main 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 $116,000 to the property tax rolls. RECOMMENDATION It appears that the Snyder Delayed Voluntary Attachment is in the best interest of the City and I recommend approval as requested. Approved, City 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 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 (One) 1 . 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: Snyder Delayed Voluntary Attachment KNOWN AS 2240 W 9111 AVENUE,A PART OF THE SOUTHWEST% OF THE SOUTHEAST'/.OF SECTION 21, TOWNSHIP 18 NORTH,RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 21;THENCE SOUTH 89°29'57"EAST,871.51 FEET, ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 21;THENCE NORTH 00°49'44"EAST 40.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF W.9TH AVENUE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°49'44"EAST,292.28 FEET,TO A POINT ON THE SOUTH LINE OF THE FIRST ADDITION TO SHADOW CREEK SUBDIVISION; THENCE SOUTH 89°43'14"EAST, 100.00 FEET,ALONG THE SOUTH LINE OF SAID FIRST ADDITION TO SHADOW CREEK SUBDIVISION; THENCE SOUTH 00°49'44"WEST,292.67 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF W. 9TH AVENUE;THENCE NORTH 89°29'57 WEST. 100.00 FEET ALONG SAID NORTH RIGHT OF WAY LINE OF W. 9 AVENUE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 29,246 SQUARE FEET OR 0.671 ACRES,MORE OR LESS. QUALIFICATION DATE (elector and/or NAME POST OFNCE ADDRESS SIGNED property owner) Elector& Property 2240 W. 9th Avenue Owner Peter J. Snyder 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, Snyder 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 Qualification (elector and/or NAME POST OFFICE ADDRESS DATE SIGNED property owner) Elector& 2240 W. 9th Avenue Property Owner Peter J. Snyder Oshkosh, WI 54904 n 1•.1 6 wili-J pip L 0 cD n . r-----, 1W > P11Z:11; " 0 , c kb. et Aci 4,, L I o a All 13 Illir a ; Im 11,0 s GOLDEN AVE 1 El =3 tZ, °Ili clmilli ' cn . , - ,,_, 0 L i -L'JI ElleM1 0. D AEDInatri ; =[=3=ED n D = i'. 2e 5 '7, AVE Lu . ABBEY AVE. Ca T 8 6 1-Lj 2 T. Q 0 ..u®• - tE,I ni [__I --1 — — — — — „ ___ E E--, . 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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. Snyder Delayed Attachment This drawing is a compilation of records,data Of HKO/H and information located in various city,county ON THE WATER and state offices and other sources affecting 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 914112