HomeMy WebLinkAbout19. 13-65
JANUARY 22, 2013 FEBRUARY 12, 2013 13-43 13-65 ORDINANCE
FIRST READING SECOND READING
(CARRIED___6-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE VOLUNTARY ATTACHMENT REQUEST FROM
TOWN OF NEKIMI / GABERT & RUSCH #2 ATTACHMENT –
EAST OF USH 41 ALONG POBEREZNY ROAD, NORTH OF STH 26
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 FEBRUARY 12, 2013 13 -43 13 -65 ORDINANCE
FIRST READING SECOND READING CONT'D
ALL OF LOT 2 OF CERTIFIED SURVEY MAP NO. 4715, RECORDED IN VOLUME 1 OF
CERTIFIED SURVEY MAPS ON PAGE 4715 AS DOCUMENT NUMBER 1117327 AND
PART OF THE SOUTHWEST % OF THE SOUTHWEST'/ OF SECTION 10, TOWNSHIP
17 NORTH, RANGE 16 EAST, TOWN OF NEKIMI, WINNEBAGO COUNTY, WISCONSIN,
BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF SAID SECTION 10; THENCE NORTH 00 °59'53" EAST, 368.02 FEET,
ALONG THE WEST LINE OF THE SOUTHWEST % OF SAID SECTION 10 TO THE
POINT OF BEGINNING; THENCE CONTINUING NORTH 00 °59'53" EAST, 956.60 FEET
ALONG THE WEST LINE OF THE SOUTHWEST % OF SAID SECTION 10; THENCE
SOUTH 88 021'28" EAST, 1,321.08 FEET ALONG THE NORTH LINE OF THE
SOUTHWEST % OF THE SOUTHWEST % OF SAID SECTION 10; THENCE SOUTH
00 °47'16" WEST, 5.94 FEET ALONG THE EAST LINE OF THE SOUTHWEST'/ OF THE
SOUTHWEST % OF SAID SECTION 10 TO THE CENTERLINE OF WAUPUN ROAD;
THENCE SOUTH 35 036'51" WEST, 809.76 FEET ALONG SAID CENTERLINE OF
WAUPUN ROAD; THENCE NORTH 54 °23'09" WEST, 42.52 FEET TO THE WESTERLY
RIGHT -OF -WAY LINE OF WAUPUN ROAD; THENCE SOUTH 43 °12'26" WEST, 207.65
FEET; THENCE SOUTH 35 °27'35" WEST, 177.22 FEETALONG THE SOUTHEASTERLY
LINE OF LOT 2 OF SAID CERTIFIED SURVEY MAP NO, 4715; THENCE NORTH
88 °22'39" WEST, 586.26 FEET ALONG THE NORTH LINE OF THE SOUTH 368 FEET
OF THE SOUTHWEST % OF SAID SECTION 10 TO THE POINT OF BEGINNING. SAID
PARCEL CONTAINS 931,781 SQUARE FEET OR 21.3908 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 -65 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.
0
OfHKOIH
ON ThE WATER
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 the Town of Nekimi 1 Gabert &
Rusch #2 Attachment - east of US 41 along Poberezny Road, north of STH 26
BACKGROUND
The petitioners are requesting approval of a voluntary attachment of 21.3908 acres of land
generally located on the east side of US 41 with frontage along both sides of Poberezny
Road, north of STH 26. The properties are currently undeveloped and not being used for any
purpose.
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 $1 59,200 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 #2 Attachment is in the best interest of the City and I
recommend approval of the attachment as requested.
Approved,
City Manager
Gabert & Rusch #2 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 Nekimi have adopted a Cooperative PIan as set forth in s.
66.0307, Wis. Stats., 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 all 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;
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 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 of Nekimi, 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 92 ATTACHMENT
ALL OF LOT 2 OF CERTIFIED SURVEY MAP NO. 4715, RECORDED IN VOLUME I OF CERTIFIED SURVEY MAPS ON
PAGE 4715 AS DOCUMENT NUMBER 1117327 AND PART OF THE SOUTHWEST %4 OF THE SOUTHWEST %a OF
SECTION 10, TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF NEKIMI, WINNEBAGO COUNTY, WISCONSIN,
BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10;
THENCE NORTH 00 059'53" EAST, 368.02 FEET, ALONG THE WEST LINE OF THE SOUTHWEST'/ OF SAID SECTION 10
TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 °59'53" EAST, 956.60 FEET ALONG THE WEST LINE
OF THE SOUTHWEST %4 OF SAID SECTION 10; THENCE SOUTH 88 °21'28" EAST, 1,321.08 FEET ALONG THE NORTH
LINE OF THE SOUTHWEST/ 40F THE SOUTHWEST' /4 OF SAID SECTION 10; THENCE SOUTH 00147,16" WEST, 5.94
FEET ALONG THE EAST LINE OF THE SOUTHWEST %4 OF THE SOUTHWEST %4 OF SAID SECTION 10 TO THE
CENTERLINE OF WAUPUN ROAD; THENCE SOUTH 35 °36'51" WEST, 809.76 FEET ALONG SAID CENTERLINE OF
WAUPUN ROAD; THENCE NORTH 54 023'09" WEST, 42.52 FEET TO THE WESTERLY RIGHT -OF -WAY LINE OF
WAUPUN ROAD; THENCE SOUTH 43 °12'26" WEST, 207.65 FEET; THENCE SOUTH 35 °27'35" WEST, 177.22 FEET
ALONG THE SOUTHEASTERLY LINE OF LOT 2 OF SAID CERTIFIED SURVEY MAP NO. 4715; THENCE NORTH
88 °22'39" WEST, 586.26 FEET ALONG THE NORTH LINE OF THE SOUTH 368 FEET OF THE SOUTHWEST' /4 OF SAID
SECTION 10 TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 931,781 SQUARE FEET OR 21.3908 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.
Richard L. Gabert Oshkosh, WI 54903
QUALIFICATION
DATE
(elector and /or
NAME
POST OFFICE ADDRESS
SIGNED
property owner
P.O. Box 3808
— I) ` 1
Owner
Richard L. Gabert 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 #2 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. &6.0217(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:
M -1PD — Light Industrial District with PIanned Development Overlay
Qualification
(elector and /or
NAME
POST OFFICE ADDRESS
DATE SIGNED
property o- vvner)
X-4 ---1
P.O. Box 3808
i -
{ -�
Owner
Richard L. Gabert
Oshkosh, WI 54903
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