HomeMy WebLinkAbout35. 13-42JANUARY 22, 2013 13 -42 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE VOLUNTARY ATTACHMENT REQUEST FROM
TOWN OF NEKIMI 1 GABERT & RUSCH #1 ATTACHMENT —
WEST & EAST OF USH 41, SOUTH OF WEST RIPPLE AVENUE
INITIATED BY: GABERT & RUSCH
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 Nekimi 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 Nekimi 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 Nekimi; and
WHEREAS, the proposed territory to be attached is located within the designated
Expansion Area of the Town of Nekimi to the City of Oshkosh; and
WHEREAS, the property owners have requested temporary zoning of M -1 Light
Industrial with a Planned Development Overlay; and
WHEREAS, the Town Clerk for the Town of Nekimi has been provided with written
notice regarding the attachment in the time period specified by the approved Cooperative
Plan; and
WHEREAS, the Town of Nekimi 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:
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:
JANUARY 22, 2013 13 -42 ORDINANCE
CONT'D
ALL OF THE NORTHEAST % OF THE NORTHWEST %AND ALL OF THE NORTHWEST % OF
THE NORTHWEST % AND PART OF THE SOUTHWEST % OF THE NORTHWEST % OF
SECTION 10 AND PART OF THE SOUTHEAST'/ OF THE NORTHEAST'/ OF SECTION 9, ALL
BEING IN TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF NEKIMI, WINNEBAGO COUNTY,
WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST
CORNER OF SAID SECTION 10; THENCE SOUTH 88 °22'22" EAST, 2,620.81 FEET ALONG THE
NORTH LINE OF THE NORTHWEST % OF SAID SECTION 10; THENCE SOUTH 00 °34'53"
WEST, 1,328.57 FEET ALONG THE EAST LINE OF THE NORTHWEST %OF SAID SECTION 10;
THENCE NORTH 88 021'23" WEST, 2,386.40 FEET ALONG THE SOUTH LINE OF THE NORTH
'/ OF THE NORTHWEST'/ OF SAID SECTION 10 TO A POINT ON THE EAST RIGHT -OF -WAY
LINE OF POBEREZNY ROAD; THENCE SOUTH 00 °28'50" WEST, 208.88 FEET ALONG THE
EAST RIGHT -OF -WAY LINE OF POBEREZNY ROAD; THENCE SOUTH 00 °57'05" EAST, 200.06
FEET ALONG THE EAST RIGHT -OF -WAY LINE OF POBEREZNY ROAD; THENCE SOUTH
00 °28'58" WEST, 187.94 FEET ALONG THE EAST RIGHT -OF -WAY LINE OF POBEREZNY
ROAD; THENCE NORTH 89 °07'53" WEST, 248.85 FEET TO A POINT ON THE WEST LINE OF
SAID SECTION 10; THENCE CONTINUING NORTH 89 007'53" WEST. 450.00 FEET, THENCE
NORTH 00 050'00" EAST, 600.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST
OF THE NORTHEAST'/ OF SAID SECTION 9; THENCE SOUTH 89 °07'53" EAST, 450.00
FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID SOUTHEAST % OF
THE NORTHEAST % OF SAID SECTION 9, ALSO BEING A POINT ON THE WEST LINE OF SAID
SECTION 10; THENCE NORTH 00 050'00" EAST, 1,327.73 FEET ALONG THE WEST LINE OF
SAID SECTION 10 TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,900,397
SQUARE FEET OR 89.5408 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 M -1 Light
Industrial with a Planned Development Overlay.
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 #13 -xxx APPROVE VOLUNTARY ATTACHMENT REQUEST FROM
TOWN OF NEKIMI 1 GABERT & RUSCH #1 ATTACHMENT —WEST & EAST OF USH 41,
SOUTH OF WEST RIPPLE AVENUE on February 12, 2013. 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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64 ME WAT"
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: January 17, 2013
RE: Approve Voluntary Attachment Request from Town of Nekimi 1 Gabert & Rusch
#1 Attachment - south of W. Ripple Avenue, west of S. Washburn Street to east
of Poberezny Road
BACKGROUND
The petitioners are requesting approval of a voluntary attachment of 89.5408 acres of land
generally located on the east side of US 41 south of W. Ripple Avenue with frontage
generally along Poberezny Road. The one exception being approximately 5 acres on the
west side of US 41 with Washburn Street access. The properties east of US 41 are both
currently used for agricultural or open space purposes while the S. Washburn Street property
is utilized in conjunction with the Ford Festival Grounds as well as agricultural.
The attachment is consistent with the City's Comprehensive Land Use Plan for the area as
well as being in keeping with the terms of the intergovernmental agreement (Resolution 07-
203) between the City and Town, which has been fully implemented with a Cooperative Plan
approved by the State of Wisconsin.
ANALYSIS
The attachment request is for future development of the properties. At this time sanitary
sewer is unavailable to service the area, however, the Department of Public Works is in the
early planning stages of designing and constructing a sanitary interceptor that will serve the
areas along the east frontage road (Poberezny Road) of US 41 and west and south of
Wittman Field Airport. The property owners have signed the attachment and zoning petitions
and desire their properties to be part of the City. The attachment of this large assemblage
will allow the City to undertake broader sewer and water planning in this area for future
development purposes. The property is proposed to be attached with an M -1 PD zoning
designation which is consistent with the overall recommended land use for the area and the
existing zoning to the west along Washburn Street. The City approved an intergovernmental
agreement with the Town of Nekimi identifying town protected areas and city expansion
areas, which this area is in that expansion area. The agreement provides for attachments
only through unanimous consent of the property owners. Various City departments have
reviewed the proposed attachment and have not expressed any concerns with being able to
service this area.
FISCAL IMPACT
The attachment is being requested to obtain future sewer and water utilities to support more
dense urban development for the area. No funds have yet been budgeted but the attachment
will allow the Department of Public Works to initiate the capital budgeting process for the
area. This attachment will add approximately $39,500 in assessed land value to the City's
tax roll with its current undeveloped state. Depending on the type of future development that
occurs on the subject properties, assessed land and improvement values will most likely
increase significantly.
RECOMMENDATION
It appears that the Gabert & Rusch #1 Attachment is in the best interest of the City and
recommend approval as requested.
Approved,
City Manager
Gabert & Rusch #1 Attachment Petition
RE UEST 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 Nekimi have adopted a Cooperative Plan as set forth in s.
66-03 07, Wis. Scats., approved by the Wisconsin Department of Administration, that identifies areas within the Town
of Nekimi as expansion areas for the City of Oshkosh;
WHEREAS, the undersigned represent ail of the owners of the territory to be attached to the City of Oshkosh
from the Town of Nekimi;
WHEREAS, the proposed territory to be attached is located within the designated City Growth Area of the
Town of Nekimi to the City of Oshkosh;
WIMREAS, 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 ofNekimi, for attachment
to the City of Oshkosh, Wisconsin, from the Town of Nekimi, Winnebago County, Wisconsin, of the real estate
hereinafter described as follows:
GABERT & RUSCH 41 ATTACHMENT
ALL OF THE NORTHEAST/ 40F THE NORTHWEST %4 AND ALL OF THE NORTHWEST'' /4 OF THE NORTHWEST' /4 AND
PART OF THE SOUTHWEST Y4 OF THE NORTHWEST % OF SECTION 10 AND PART OF THE SOUTHEAST' /4 OF THE
NORTHEAST' /4 OF SECTION 9, ALL BEING IN TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF NEKIMI,
WD\NI;BAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNIING AT THE NORTHWEST
CORNER OF SAID SECTION 10; THENCE SOUTH 88 °22'22" EAST, 2,620.81 FEET ALONG THE NORTH LINE OF THE
NORTHWEST'' /4 OF SAID SECTION 10; THENCE SOUTH 00 °34'53" WEST, 1,328.57 FEET ALONG THE EAST LINE OF
THE NORTHWEST % OF SAID SECTION 10; THENCE NORTH 88 °21'23" WEST, 2,386.40 FEET ALONG THE SOUTH
LINE OF THE NORTH % OF THE NORTHWEST %4 OF SAID SECTION 10 TO A POINT ON THE EAST RIGHT -OF -WAY
LINE OF POBEREZNY ROAD; THENCE SOUTH 00 °28'50" WEST, 208.88 FEET ALONG THE EAST RIGHT -OF -WAY LINE
OF POBEREZNY ROAD; THENCE SOUTH 00 °57'05" EAST, 200.06 FEET ALONG THE EAST RIGHT -OF -WAY LINE OF
POBEREZNY ROAD; THENCE SOUTH 00 °28'58" WEST, 187.94 FEET ALONG THE EAST RIGHT -OF -WAY LINE OF
POBEREZNY ROAD; THENCE NORTH 89 °07'53" WEST, 248.85 FEET TO A POINT ON THE WEST LINE OF SAID
SECTION 10; THENCE CONTINUING NORTH 89 °07'53" WEST. 450.00 FEET, THENCE NORTH 00 °50'00" EAST, 600.00
FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST'/ OF THE NORTHEAST'/ OF SAID SECTION 9;
THENCE SOUTH 89 007'53" EAST, 450.00 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID
SOUTHEAST % OF THE NORTHEAST'/ OF SAID SECTION 9, ALSO BEING A P01NT ON THE WEST LINE OF SAID
SECTION 10; THENCE NORTH 00 °50'00" EAST, 1,327.73 FEET ALONG THE WEST LINE OF SAID SECTION 10 TO THE
POINT OF BEGINNING. SAID PARCEL CONTAINS 3,900,397 SQUARE FEET OR 89.5408 ACRES, MORE OR LESS.
That attached hereto is a scale snap reasonably showing the boundaries ofthe following described territory to be attached and its relation to the
municipalities involved.
1�
NAME
POST OFFICE ADDRESS
/-- // QUALIFICATION
DATE (elector and /or
SIGNED property owned
P.O. Box 3808 Owner
Richard L. Gabert I Oshkosh, WI 54903
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,
Gabert & Rusch #I 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 See. 66.0217(8) of the Wisconsin Statutes, until the
zoning ordinance is amended as prescribed in Sea. 62.23(7)(d) of the Wisconsin Statutes, as
follows:
M -IPD — Light industrial District with Planned Development Overlay
- Qualification
(elector and /or
NAME POST OFFICE ADDRESS DATE SIGNED property owner)
P.O. Box 3808 `
�' Owner
Richard L. Gabert Oshkosh, Wl 54903
J .l�I, 441V n = 0.29 mi
1 in =1,514 ft
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