HomeMy WebLinkAbout22. 14-163
MARCH 25, 2014 APRIL 8, 2014 14-137 14-163 ORDINANCE
FIRST READING SECOND READING
(CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN
OF ALGOMA / RUSCH WEST 20TH AVENUE VOLUNTARY
ATTACHMENT; 3300 BLOCK WEST 20TH AVENUE
INITIATED BY: THOMAS 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 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 R-3 Multiple
Dwelling; 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:
MARCH 25, 2014 APRIL 8, 2014 14 -137 14 -163 ORDINANCE
FIRST READING SECOND READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN
OF ALGOMA I RUSCH WEST 20TH AVENUE VOLUNTARY
ATTACHMENT; 3300 BLOCK WEST 20TH AVENUE
INITIATED BY: THOMAS 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 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 R -3 Multiple
Dwelling; 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:
MARCH 25, 2014 APRIL 8, 2014 14 -137 14 -163 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 13th Ward of
said City and subject to Wisconsin Statutes and the amendments thereto:
PART OF SOUTHEAST % OF THE SOUTHWEST %, INCLUDING ALL OF LOT 1, CERTIFIED
SURVEY MAP NUMBER 4762, ALL LOCATED IN SECTION 29, TOWNSHIP 18 NORTH, RANGE
16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND
DESCRIBED AS FOLLOWS: COMMENCING FROM THE SOUTH % CORNER OF SAID
SECTION 29; THENCE NORTH 89 °07'03" WEST, 558.00 FEET ALONG THE SOUTH LINE OF
THE SOUTHWEST % OF SAID SECTION 29 TO THE POINT OF BEGINNING; THENCE
CONTINUING NORTH 89 °07'03" WEST, 807.95 FEET ALONG SAID SECTION LINE TO THE
SOUTHWEST CORNER OF CERTIFIED SURVEY MAP 4762; THENCE NORTH 00 °05'40" WEST,
33.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF W. 20TH AVENUE (COUNTY HIGHWAY
°K "), ALSO BEING THE SOUTHWEST CORNER OF LOT 1 OF SAID CERTIFIED SURVEY MAP
4762; THENCE CONTINUING NORTH 00 °05'40" WEST, 815.53 FEET ALONG THE WEST LINE
OF SAID LOT 1 TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 89 °06'49"
EAST, 976.11 FEET ALONG THE NORTH LINE OF SAID LOT 1 TO THE NORTHEAST CORNER
OF SAID LOT 1; THENCE SOUTH 00 °21'13" EAST, 569.54 FEET ALONG THE EAST LINE OF
SAID LOT 1; THENCE NORTH 89 °07'03" WEST, 172.00 FEET; THENCE SOUTH 00 °21'13"
EAST, 245.99 FEET TO THE SAID NORTH RIGHT -OF -WAY LINE W. 20TH AVENUE; THENCE
CONTINUING SOUTH 00 021'13° EAST, 33.01 FEET TO THE POINT OF BEGINNING. SAID
AREA CONTAINS 781,757 SQUARE FEET OR 17.947 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 R -3 Multiple
Dwelling.
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 #14 -163 APPROVE REQUEST TO ATTACH TO THE CITY FROM
TOWN OF ALGOMA I RUSCH WEST 20TH AVENUE VOLUNTARY ATTACHMENT; 3300
BLOCK WEST 20TH AVENUE on April 8, 2014. 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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ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: March 14, 2014
RE: Approve Request to Attach to City from Town of Algoma 1 Rusch West 201h Avenue
Voluntary Attachment; 3300 Block of W. 20th Avenue
BACKGROUND
The petitioner is requesting approval of a voluntary attachment of 17.947 acres of land located on the
north side of W. 20th Avenue immediately north of the West side Oshkosh YMCA and a tenth of a mile
west of Carl Traeger School. The property is currently undeveloped and being used agriculturally.
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 between the City and Town (Res.
03 -55), which has been fully implemented with a Cooperative Plan (Res. 04-13) approved by the
State of Wisconsin. The agreement provides for attachments only through unanimous consent of the
property owners.
ANALYSIS
The attachment request is for future multi - family development of the property. City sanitary sewer and
water is available to service the property. The property is proposed to be attached with an R -3
Multiple Dwelling District zoning designation which is consistent with the overall Comprehensive
Plan's recommended land use for the area and the existing R -1 Single - Family zoning to the west,
north and east. 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 existing sewer and water utilities to support more dense
residential development for the area. This attachment will add approximately $15,300 in assessed
land value to the City's tax roll with its current undeveloped state. Once developed, assessed land
and improvement values will most likely increase significantly.
RECOMMENDATION
It appears that the Rusch W. 201'' Avenue Attachment is in the best interest of the City and I
recommend approval as requested.
Approved,
City Manager
Rusch — W. 2& Avenue Voluntary Attachment Petition
S VOL U1NT
ATTACHMENT PRTI N �
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.
66.03 07, Wis. Stats., approved by the Wisconsin Depa t anent 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 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 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:
RUSCH -- W. 20TH AVE NUE VOLUNTARY ATTACHMENT
PART OF SOUTHEAST % OF THE SOUTHWEST/,, INCLUDING ALL OF LOT 1, CERTIFIED SURVEY MAP NUMBER
4762, ALL LOCATED IN SECTION 29, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO
COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE SOUTH V4 CORNER OF
SAID SECTION 29; THENCE NORTH 89 °07'03" WEST, 558.00 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST `/4
OF SAID SECTION 29 TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 007'03" WEST, 807.95 FEET
ALONG SAID SECTION LINE TO THE SOUTHWEST CORNER OF CERTIFIED SURVEY MAP 4762; THENCE NORTH
00 °05'40" WEST, 33.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF W. 20TH AVENUE (COUNTY HIGHWAY "K "),
ALSO BEING THE SOUTHWEST CORNER OF LOT I OF SAID CERTIFIED SURVEY MAP 4762; THENCE CONTINUING
NORTH 00 005'40" WEST, 815.53 FEET ALONG THE WEST LINE OF SAID LOT I TO THE NORTHWEST CORNER OF
SAID LOT I,;.THENCE SOUTH 89 °06'49" EAST, 976.11 FEET ALONG THE NORTH LINE OF SAID LOT I TO THE
NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 00 °21'13 )" EAST, 569.54 FEET ALONG THE EAST LINE OF
SAID LOT 1; THENCE NORTH 89 °07'03" WEST, 172.00 FEET; THENCE SOUTH 00 °21' 13" EAST, 245.99 FEET TO THE
SAID NORTH RIGHT -OF -WAY LINE W. 20TH AVENUE; THENCE CONTINUING SOUTH 00 021'13" EAST, 33.01 FEET TO
THE POINT OF BEGINNING. SAID AREA CONTAINS 781,757 SQUARE FEET OR 17.947 ACRES MORE OR LESS.
That attached hereto is a scaled map reasonably showing the boundaries of the following described territory to be attached and its relation to the
municipalities involved.
QUALIFICATION
NAME
Thomas N. Rusch
Rebecca G. Wesenberg —
POST OFFICE ADDRESS
3807 A State Road 21
Oshkosh, WI 54904
DATE
SIGNED_
(elector and /or
property owner)
Owner
Power of Attorney
PETITION FOR TEMPORARY ZONING G 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,
Rusch --- W 201h Avenue Voluntary Attachment,
-
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 arnended as prescribed in Sec, 62.23(7)(d) of the Wisconsin Statutes, as
follows:
R -3, Multiple Farnily District
r
Qualification
M"IE
POSE' OFFICE ADDRESS
DATE SIGNED
(elector and/or
�® arty owner)
Thomas N. Rusch
3807 A State Road 21
Rebecca G. Wesenberg — Power of
Oshkosh, Wl 54904
Owner
Attorney
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The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the
approximate relative location of property, boundaries and other feature from a variety of sources.
These map(s)ldatasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS" without
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
Base blap.mxd
A, 1in= 0.13mi
1 in = 696 ft
Printing Date: 3119/2014
Prepared by: City of Oshkosh, WI
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ON THE WATER
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