HomeMy WebLinkAbout39. 14-203
APRIL 8, 2014 APRIL 22, 2014 14-166 14-203 ORDINANCE
FIRST READING SECOND READING
(CARRIED_______LOST_______LAID OVER____X___WITHDRAWN_______)
UNTIL 5/27/2014
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 APRIL 22, 2014 14 -166 14 -203 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 14th Ward of
said City and subject to Wisconsin Statutes and the amendments thereto:
A PARCEL OF LAND LOCATED IN THE NORTHWEST % OF 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 %, 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 89 030'59" 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 % AND THE CENTERLINE OF
OREGON STREET (COUNTY ROAD "I "); THENCE NORTH 00 °00'12" 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 -203 APPROVE REQUEST TO ATTACH TO THE CITY FROM
TOWN OF BLACK WOLF / 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.
O
OfHKOlH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich iK,
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
BACKGROUND
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 C ®operative Plan approved by the State of
Wisconsin. The agreement provides for attachments only through unanimous consent of the property
owners.
►_
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
1 tin= 0.19mi
1 in = 1,000 ft
The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the nn J /' H
approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date: 4/3/2014
These map(s) /datasets are provided for information purposes only and may not be sufficient or ®J HKLJ
appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS" without Prepared by: City of Oshkosh, WI ON THE WATER
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
J1GIS\GIS_Base_MapslPlanning Base Map.mxd User: deborahf
REQUEST FOR UNANIMOUS VOLUNTARY ATTACEIMENT 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.
66.0307, 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 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 MADE for unanimous voluntary attachment, pursuantto
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 Town 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 N THE NORTHWEST
1/ OF THE NORTHWEST 1/40F SECTION 12, TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF
BLACK WOLF, WI NEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 12; THENCE NORTH 89 127'00"
EAST, 1,310.82 FEET ALONG THE NORTH LINE OF SAID QUARTER AND THE CENTERLINE OF W.
RIPPLE AVENUE TO THE NORTHEAST/40F SAID NORTHWEST 1/4, NORTHWEST %4; THENCE
SOUTH 00 °11'44" WEST, 1;323.95 FEET ALONG THE EAST LINE OF SAID NORTHWEST 1/,
NORTHWEST 1/4 TO THE SOUTHEAST CORNER OF SAID NORTHWEST %4, NORTHWEST 1/4;
THENCE SOUTH 89 030'59" 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 00000'12" 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 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 1,607,280 SQUARE FEET OR' 6.898 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.
NAI ! E
POST OFl= CE ADDRESS
DATE
SIGNED
QUA, LITA ICATION
(ekctov and /or
ropert:y awneli)
James F. Furtell
Jl,,'-J Developers Inc.
°r.Y Isr S
60 Money Beach Rd.
Oshkosh, VJJ 54 9102
Owner
PETITION IiTt IION F OR TEMP ORA, LRX ZONING CLASH La i CA Q fiON
TO THE COMMON COUNCIL OF THE CITY OF OSIUMSH:
WIMREAS 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,
Purcell Voluntaty Attachment,
and,
V1I-IEREAS 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 ami ended as prescribed in Sec. 62.23(7)(d) of the Wisconsin Statutes, as
follows:
R -3, Multiple Family District
�u��iflIl;:IlCZtno�n
(elector and /or
NAI�URI POST OFFICE ADDRESS DATE SI GNTED property oviluer)
James F. Furtell 60 Stoney Beach Rd. Owner
JKJ Developers Inc. Oshkosh, W1 54902