HomeMy WebLinkAbout20. 12-507 OCTOBER 9, 2012 12-507 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY OF OSHKOSH
FROM THE TOWN OF ALGOMA / HORICON BANK VOLUNTARY
ATTACHMENT, INTERSECTION OF OMRO ROAD AND 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 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 C-2 General
Commercial; 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:
OCTOBER 9, 2012 12-507 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 % 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 zoned C-2 General
Commercial.
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-XXX APPROVE REQUEST TO ATTACH TO THE CITY OF
OSHKOSH FROM THE TOWN OF ALGOMA / HORICON BANK VOLUNTARY
ATTACHMENT, INTERSECTION OF OMRO ROAD & STATE ROAD 21 on October 23,
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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OIHKOJH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich, Director of Planning Services Division
DATE: October 1, 2012
RE: Approve Request to Attach to City of Oshkosh from Town of Algoma/ Horicon Bank
Voluntary Attachment
BACKGROUND/SUBJECT PROPERTY
This is a voluntary attachment of approximately 0.930 acres of land located in the Town of Algoma.
The purpose of the attachment is to obtain utility services for a proposed bank building (Horicon Bank)
at 2251 Omro Road. The property is currently zoned C-2 ETZ General Commercial Extraterritorial
Zoning.
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. Service provision by the City should not be an issue as
utilities 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 developed, the proposed Bank will add approximately $700,000 to the
property tax rolls.
RECOMMENDATION
It appears that the Horicon Bank Voluntary Attachment is in the best interest of the City and I
recommend approval as requested.
Approved,
City Manager
Horicon Bank 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 PE'1T1'ION 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:
HORICON BANK 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 1A 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
STA'1'h 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.
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)
Steven A. Glish
Vice President 1821 Witzel Avenue Authorized
Horicon Bank Oshkosh WI, 54902 _ OCT 0 3 201? Representative
CITY CLERK'S OFFICE
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,
Horicon Bank 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)713..„4
(Xt
Steven A. Ghsh
Vice President 1821 Witzel Avenue Authorized
Horicon Bank Oshkosh WI, 54902 Representative
OCT 032012
CITY CLERK'S OFFICE
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DISCLAIMER Horicon Bank 4110
This map is neither a legally recorded map nor Voluntary Attachment
a survey and it is not intended to be used as one. uyn /u
This drawing is a compilation of records,data Ol 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.
If discrepencies are found,please contact the Community Development
City ofOshkosh. Scale: 1" =400
Created by- D 10/1/12