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HomeMy WebLinkAbout26. 12-531 OCTOBER 9, 2012 OCTOBER 23, 2012 12-507 12-531 ORDINANCE FIRST READING SECOND READING (CARRIED___7-0____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 OCTOBER 23, 2012 12 -507 12 -531 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 16th Ward of said City and subject to Wisconsin Statutes and the amendments thereto: A PART OF THE NORTHWEST Y4 OF THE SOUTHEAST Y4 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 0 08'09" EAST, 815.20 FEET ALONG THE NORTH LINE OF THE SOUTHEAST Y4 OF SAID SECTION 16; THENCE SOUTH 00 0 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 0 59'01" EAST, 212.63 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF STATE HIGHWAY 21; THENCE NORTH 63 0 17'37" EAST, 212.64 FEET ALONG SAID NORTH RIGHT OF WAY LINE OF OMRO ROAD; THENCE NORTH 67 0 37'44" EAST, 89.60 FEET ALONG SAID NORTH RIGHT -OF -WAY LINE OF OMRO ROAD; THENCE NORTH 00 0 59'01" WEST, 87.09 FEET; THENCE SOUTH 89 0 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 -531 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 maybe 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- 679161 z , z I � w m . a z= _ oQ Q ` m - o Q -----,0� — 1 _ 'NAnF�NdH `000 n m ° ° z • CO \. / —\_� �W D zm 'Nil WdHd2�8d I z = 8 W -\t °Q_ i o W o m W -z W• w Q c Z Z m U v i. U a L 8 a u U N\ S1^nNR IIIII II -.°5- a °O W O I� zw Ili no • - Z z co ini Z t.. I o ,,\4, o 2 �� t illt IMO\w to < -e�\� N soot 2 ` l. 212.63' �co CD O �00 b � M1M o � W IF��• p G Oz 11111111111111i W 0 om z 7 c5) ///!c-. p 141 SI'S FAIRS 'V- \>> 10 SPRING o-- S RD' W1U pW I • J, Illr . 1111 . o x m o I 1 Q(0 ' zF O- '.� w LTJ vi z o C) CA n'JS 3 NfVM > NT',S2:13WW3 MC, IN' NTldd)l I . i .i i i i 's iadelypQ ■ I l l I 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 I II 111 ,•, , ■ II Ili II !, I - Vit :1 Iii j i 111••1'11 11 1 / illitigi it I iI --- ' {l i t I t l '', '�i � i 11 I','I '1 11 • I'I lli • _ 11, - I i }'�i i i l 1'1 11 I Il we , it I1 '1 l i i.. .1 I : it 111 V Al i'i 1 l 111 1 I l li � I, ' II1 t ', '',`i iii , ø 446,10 I 11 1!1 Blii•\Y 1 1 1 I 11 ' /o II 111 1� i VIII ICI II 111'1 1. :, i 111 III 1., ..,0•____. / dill i „ , \\ I. •' I:' I Ili I;i ,\_...________„_,, , ,• Horicon Bank illli il.' --\, WW1,,,,,,,„„,r Attachment It , ''i l 1, 1 -. - - ---�--ABRAkI' I I 111 nl i '1 J + 111 111 '1 li f 1 111 1 1 4x I I II II, Ill 1 , i � 111 111 'I 1 J 111 111 I _ I_ P. . i2.0.1 . II Mill \ / 11i 15 11 1 ... 5 U 1.t111i111 i ,\ ,' I 1II 111••� .._. _ _ = e // / 111 111 ; I _ / 111 1.1 s 5 .. ® m mea�=, j \ ___.__ • ` ` 111 1 ! i -�- - - / ' 111 1l_ I (N[TJjO __ I.I �'J ■�� SE--c_e- � I 51,60 ,� �'\ \\, ice-' LL 11 S. 4p,2,' V ui i11 - .\ Ili Ill `\ ' RAM\ \\ nl Iii `\ \ '\� 111 L. 111• fJ''�\ \ � \ II II1 C C X \\ II,I 11 2 C �1 li �� _._ --_S'f,-__ V 111 1< �.\ \ 111 4•_ �`\ 1 111 111 1 I 111 0 - 1 11 �-- , 111 �”. ��'// V 1 li NI C) ---" ,I 1 111-. \ C „, .„.- --- "- :\ u 1 1 3 '1 1 111 f 1 (111 1 1 11 1 1 1111 1 hill i 111 I Ill l I Z 111 N 111 , 1 '‘il'/; / �' im ,,. 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