HomeMy WebLinkAbout22. 13-68FEBRUARY 12, 2013 13 -68 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN
PURPOSE: APPROVE WILSON VOLUNTARY DELAYED ATTACHMENT
REQUEST 12849 HOMESTEAD DRIVE — TOWN OF ALGOMA
INITIATED BY: CHARLES & JOANNE WILSON
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 Algoma have adopted a Cooperative Plan
as set forth in s. 66.0307, Wis. Scats., 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;
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
City.
WHEREAS, the Town of Algoma has not filed an objection to the attachment with the
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows:
FEBRUARY 12, 2013 13 -68 ORDINANCE
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 13th Ward of said City and
subject to Wisconsin Statutes and the amendments thereto:
THAT PART OF THE NE '/ OF THE NE 1/ OF SECTION 29, TOWNSHIP 18 NORTH,
RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY WISCONSIN, BOUNDED
AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHEAST CORNER OF
SAID SECTION 29; THENCE SOUTH 00 °25'30" EAST, 419.90 FEET ALONG THE EAST
LINE OF SAID % SECTION TO THE EXTENDED SOUTH LINE OF HOMESTEAD DRIVE;
THENCE NORTH 89 016'39" WEST, 383.00 FEET ALONG SAID SOUTH RIGHT -OF -WAY
LINE OF HOMESTEAD DRIVE TO THE POINT OF BEGINNING; THENCE SOUTH 00 025'31"
EAST, 190.00 FEET TO A POINT ON THE NORTH LINE OF THE FIRST ADDITION TO
WESTLEIGH FARMS SUBDIVISION; THENCE NORTH 89 °17'05" WEST, 100.00 FEET
ALONG SAID NORTH LINE OF THE FIRST ADDITION TO WESTLEIGH FARMS
SUBDIVISION; THENCE NORTH 00 °25'31" WEST, 190.00 FEET TO A POINT ON SAID
SOUTH RIGHT -OF -WAY LINE OF HOMESTEAD DRIVE; THENCE SOUTH 89 °16'39" EAST,
100.00 FEET ALONG SAID SOUTH RIGHT -OF -WAY LINE OF HOMESTEAD DRIVE TO
THE POINT OF BEGINNING. SAID PARCEL CONTAINS 18,996 SQUARE FEET OR 0.4361
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: R -1 Single Family.
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 #13 -68 APPROVE WILSON VOLUNTARY DELAYED ATTACHMENT REQUEST /
2849 HOMESTEAD DRIVE —TOWN OF ALGOMA on February 26, 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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O.IHKOlH
04 THE WATFA
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich, Director of Planning Services Division
DATE: February 7, 2013
RE: Approve Wilson Delayed Attachment from the Town of Algoma
BACKGROUND /SUBJECT PROPERTY
This is a delayed voluntary attachment of approximately 0.4361 acres of land located at 2849 Homestead Drive
in the Town of Algoma. The primary purpose of the attachment is to obtain utility service (sanitary sewer) for
the existing single - family residence. The property is currently zoned R -1 ETZ, 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, 2018.
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 tinder Town/County jurisdiction for most services (other than
zoning administration, water and sanitary sewer 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 Homestead Drive. As the
attachment is being requested to obtain water and sanitary sewer 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 $107,500 to the
property tax rolls.
RECOMMENDATION
It appears that the Wilson Delayed Voluntary Attachment is in the best interest of the City and I recommend
approval as requested.
Approved,
City Manager
PETITION FOR UNAN0110US DELAYED VOLUNTARY ATTACMENT
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 ofAdministration ,thatidentifies are as 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 and water service from the City;
WHEREAS, the petitioners are requesting a five (5) year delayed voluntary attacbmentunder 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 _(Two) 2
NOW, THEREFORE, THIS PETITION IS HEREBY A4ADE 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:
'4'4'ilson Delayed Voluntary Attachment
KNOWN AS 2849 HOMESTEAD DRIVE, THAT PART OF THE NE 1/4 OF THE NR 1/4 OF SECTION 29, TOWNSHIP 18 NORTH,
RANGE 16 EAST, TOWN OF ALGOMA, WDWE13AGO COUNTY WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 00 °25'30" EAST, 419.90 FEETALONG
THE EAST LINE OF SAID 1/4 SECTION TO THE EXTENDED SOUTH LINE OF HOMESTEAD DRIVE; THENCE NORTH 89° 16'39"
NEST, 3 83 .00 FEET ALONG SAID SOUTH RIGHT -OF -WAY LINE OF HOMESTEAD DRIVE TO THE POINT OF BEGINNING;
THENCE SOUTH 00°25'31" EAST, 190.00 FEET TO A POINT ON THE NORTH LINE OF THE FIRST ADDITION TO WESTLEIGH
FARMS SUBDIVISION; THENCE NORTH 89017'05" WEST, 100.00 FEET ALONG SAID NORTH LINE OF THE FIRST ADDITION TO
WESTLEIGH FARMS SUBDIVISION; THENCE NORTH 00°25'31" WEST, 190.00 FEET TO A POINT ON SAID SOUTH RIGHT -OF-
WAY LINE OF HOMESTEAD DRIVE; THENCE SOUTH 89'16'3 9" EAST, 100.00 FEET ALONG SAID SOUTH RIGHT -OF -WAY LINE
OF HOMESTEAD DRIVE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 18,996 SQUARE FEET OR 0.4361 ACRES,
MORE OR LESS.
Charles C. Wilson
foanne D. Wilson
QUALIFICATION
DATE
(elector and /or
POST OFFICE ADDRESS
SIGNED
property owner)
Elector & Property
2849 Homestead Drive
Owner
Oshkosh, WI 54904
! J 1'y ���t
I
Elector & Property
2849 Homestead Drive
Owner
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,
Wilson 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 attaclunent 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
2849 Homestead Drive
Elector &
Property Owner
Charles C. Wilson
Oshkosh, Wl 54904
,(1 ����
►``/
2849 Homestead Drive
I !
l / � (13
Elector&
Property Owner
Joanne D. Wilson
Oshkosh, WI 54904
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