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HomeMy WebLinkAbout25. 14-166APRIL 8, 2014 14 -166 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN_} PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN OF BLACK WOLF / PURTELL VOLUNTARY ATTACHMENT; SOUTHEAST CORNER RIPPLE ROAD & OREGON STREET INITIATED BY: JAMES PURTELL A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 14TH WARD OF SAID CITY. The Common Council of the City of Oshkosh do ordain as follows: WHEREAS, the City of Oshkosh and Town of Black Wolf 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 Black Wolf 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 Black Wolf; and WHEREAS, the proposed territory to be attached is located within the designated Expansion Area of the Town of Black Wolf 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 Black wolf has been provided with written notice regarding the attachment in the time period specified by the approved Cooperative Plan; and WHEREAS, the Town of Black Wolf 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: APRIL 8, 2014 14 -166 ORDINANCE FIRST READING CONTD 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 14th Ward of said City and subject to Wisconsin Statutes and the amendments thereto: A PARCEL OF LAND LOCATED IN THE NORTHWEST % THE NORTHWEST % OF SECTION 12, TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF BLACK WOLF, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 12; THENCE NORTH 89 °27'00" EAST, 1,310.82 FEET ALONG THE NORTH LINE OF SAID QUARTER AND THE CENTERLINE OF W. RIPPLE AVENUE TO THE NORTHEAST % OF SAID NORTHWEST V4, NORTHWEST %; THENCE SOUTH 00 011'44" WEST, 1,323.95 FEET ALONG THE EAST LINE OF SAID NORTHWEST NORTHWEST'/ TO THE SOUTHEAST CORNER OF SAID NORTHWEST %, NORTHWEST THENCE SOUTH 89 030'59" WEST, 906.20 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST %, NORTHWEST %, TO THE SOUTHEAST CORNER OF CERTIFIED SURVEY MAP NUMBER 4121; THENCE NORTH 00 °00'12" WEST, 130.00 FEET ALONG THE EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 4121 TO THE NORTHEAST CORNER OF SAID CERTIFIED SURVEY MAP NUMBER 4121; THENCE SOUTH 89 °30'59" WEST, 200.01 FEET ALONG THE NORTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 4121; THENCE NORTH 00 000'12" WEST, 360.01 FEET; THENCE SOUTH 89 030'59" WEST, 200.01 FEET TO THE WEST LINE OF SAID NORTHWEST %, NORTHWEST V4 AND THE CENTERLINE OF OREGON STREET (COUNTY ROAD "I "); THENCE NORTH 00 000'12" WEST, 832.36 FEET ALONG THE WEST LINE OF NORTHWEST %, NORTHWEST % TO THE POINT OF BEGINNING; SAID AREA CONTAINS 1,607,280 SQUARE FEET OR 36.8980 ACRES, MORE OR LESS. NOTE: THE NORTH LINE OF THE NORTHWEST % OF SECTION 12 IS ASSUMED TO BEAR NORTH 89 027'00" EAST. 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 -xxx APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN OF BLACK WOLF 1 PURTELL VOLUNTARY ATTACHMENT/ SOUTHEAST CORNER RIPPLE ROAD & OREGON STREET on April 22, 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. OfHKOfH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: April 3, 2014 RE: Approve Request to Attach to City from Town of Black Wolf / Purtell Voluntary Attachment; Southeast Corner of Ripple Road and Oregon Street Y11*1: el`.Z01,1111i11X The petitioner is requesting approval of a voluntary attachment of 36°898 acres of land located at the southeast corner of Oregon Street and W. Ripple Avenue, catty corner to Baldor Generators. The property is mostly undeveloped with exception of a single - family dwelling with large portions of the remaining land 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 the Town of Black Wolf, which has been fully implemented with a Cooperative Plan 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. Extensions of city sanitary sewer and water will be necessary to fully service the subject site, but can be made available at the corner of W. Ripple Avenue and Oregon Street. 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. Various City departments have reviewed the proposed attachment and some concerns have been expressed by the Department of Public Works with the capacity of water and sanitary sewer service to handle potential development but staff will continue to work with the petitioner to resolve them. FISCAL IMPACT The attachment is being requested to obtain sewer and water utilities to support more dense residential development for the area. This attachment will add approximately $81,400 in assessed land and improvement value to the City's tax roll in its current state. Once developed, assessed land and improvement values will increase significantly. RECOMMENDATION It appears that the Purtell Voluntary Attachment is in the best interest of the City and I recommend approval as requested. Approved, City Manager N 1 in= 0.19mi 1 in = 1,400 ft The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relativo location of property, boundaries and other feature from a variety of sources. Printing Date: 41312014 These map(s)Idatasets are provided for information purposes only and may not be sufficient or appropriate for iegal, engineering, or surveying purposes. They are provided "AS -IS" without Prepared by: City of Oshkosh, Wi warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. OfHK® -f H ON YHE WATER JAGIS%GIS_Base Maps\Planning Ease Map.mxd User, deborahf BEQUEST FOR UNANIMOUS VOLUNTARY ATTAMMENT PETITION TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN: WHEREAS, the City of Oshkosh and Town of Black Wolf have adopted a Cooperative Plan as set forth in s. 66.03 07, Wis. Stats., approved by the Wisconsin Department of Administration, that identifies areas within the Town of Black Wolf 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 Black Wolf; WHEREAS, the proposed territory to be attached is located within the designated City Growth Area of the Town. of Black Wolf to the City of Oshkosh; WHEREAS, the catrrent 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 MADE for unanimous voluntary attachment, pursuant to the provisions of the approved Cooperative Plan between the City of Oshkosh and the Town of Black Wolf, for attachment to the City of Oshkosh, Wisconsin, from the To3vn of Black Wolf, Winnebago County, Wisconsin, of the real estate hereinafter described as follows: PURTELL VOLUNTARY ATTACHMENT ALSO KNOWN AS 173 W. RIPPLE AVENUE, A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHWEST/40F SECTION 12, TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF. BLACK WOLF, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 12; THENCE NORTH 89 °27'00'5 EAST, 1,310.82 FEET ALONG THE NORTH LINE OF SAID QUARTER AND THE CENTERLINE OF W. RIPPLE AVENUE TO THE NORTHEAST 1/40F SAID NORTHWEST 1/4, NORTHWES N 1 1/4; THENCE SOUTH 00 °11'44" WEST, 1,32395 FEET ALONG THE EAST LINE OF SAID NORTHWEST 1/4, NORTHWEST'/4T0 THE SOUTHEAST CORNER OF SAID NORTHWEST 1/4, NORTHWEST 1/4; THENCE SOUTH 89 °30'59" WEST, 906.20 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4, NORTHWEST 1/, TO THE SOUTHEAST CORNER OF CERTIFIED SURVEY MAP NUMBER 4121; THENCE NORTH 00 °00' 12" WEST, 130.00 FEET ALONG THE EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 4121 TO THE NORTHEAST CORNER OF SAID CERTIFIED SURVEY MAP NUMBER 4121; THENCE SOUTH 89030'59'5 WEST, 200.01 FEET ALONG THE NORTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 4121; THENCE NORTH 00000'12" WEST, 360.01 FEET; THENCE SOUTH 89 °30'59" WEST, 200.01 FEET TO THE WEST LINE OF SAID NORTHWEST 1/4, NORTHWEST 1/4 AND THE CENTERLINE OF OREGON STREET (COUNTY ROAD "I "); THENCE NORTH 00'00'12" WEST, 832.36 FEET ALONG THE WEST LINE OF NORTHWEST 1/4, NORTHWEST 1/4 TO THE POINT OF BEGINNING; SAID AREA CONTAINS 1,607,200 SQUARE FEET OR 36.898 ACRES, MORE OR LESS. That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be annexed and its relation to the municipalities involved. ' NAIME . POST OF M££ ADDRESS DATE {G& 9 QUA, LIT4# CATION ( ;ec«E»Sd/eE property GSge!} James yfurt&! JIODevelopers Inc. 60 Stoney Beauh R± ^ Oshkosh, WI 5490 Owner . . PETITION FOR TEN G� Y ZONING CLASSI F i1 CA TION TO THE COM MON COUNCIL OF THE CITY OF OSM"_OSH: WEEREAS the undersigned are electors anchor 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 unaah -nous attachment to the City of CstAcosh, PL,xteil Voluntary Attachment, and, WHEREAS it is acknowledged by the undersigned that submitting of this petition sloes not in any matter attempt to make said petition for attachrricnt conditional upon this petition or the action taken by the said Common Council pursuant to this petition. NOW, the undersigned petition the Con on 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 -3, Multiple Family District NAME POST OM CE ADDR -ESS DATE SIGNED �'UF�i�b��aatIlQkCIl (elector and /or propetty aw ney) Janes FD Purtell JKJ Developers Mc. 60 Stoney Reach Rd. Oshkosh, W1 54902 Owner C1 4j4 r_,�1�1 I TD, 1 -- -- Z 2 � K' i C1