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HomeMy WebLinkAbout26. 14-232MAY 13, 2014 14 -232 ORDINANCE FIRST READING ■ INITIATED BY: LOST LAID OVER WITHDRAWN_) APPROVE REQUEST TO ANNEX TO THE CITY I HICKORY VI ANNEXATOIN - 2338 HICKORY LANE THURMAN & VALETA RODGERS PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ANNEXING CERTAIN TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 15TH WARD OF SAID CITY. The Common Council of the City of Oshkosh do ordain as follows: WHEREAS, an annexation petition duly circulated has heretofore been signed by the owners of all the real property within such territory and all of the electors residing in said territory; and WHEREAS, Section 66.0217(2) of the Wisconsin Statutes allows for petition to be filed without a notice of intention to circulate in an annexation by unanimous approval; and WHEREAS, said annexation petition together with a description of the territory to be annexed and a scale map showing the boundaries of such territory and its, relation to the municipalities involved, having been filed with the City Clerk of the City of Oshkosh and the Town of Oshkosh; and WHEREAS, a copy of said annexation petition together with a description of the territory to be annexed and a scale map having been mailed to the affected municipal and school district clerks and the Director of the Municipal Boundary Review of the State of Wisconsin, Department of Commerce within five (5) days of the filing of said petition; and WHEREAS, not more than one hundred twenty (120) days have lapsed since the filing of the annexation petition; and WHEREAS, the Director of the Municipal Boundary Review of the State of Wisconsin, Department of Commerce has issued his opinion that the annexation is not contrary to the public interest; and MAY 13, 2014 14 -232 ORDINANCE CONTD WHEREAS, the petitioners have requested that the annexation ordinance temporarily designate the classification of the annexed area for zoning purposes; and WHEREAS, the Plan Commission of the City of Oshkosh is recommending that said property be temporarily zoned as follows: R -1 Single Family Residence NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. The following described territory, pursuant to a duly circulated and filed annexation petition for direct annexation is hereby annexed to and made part of the City of Oshkosh, a municipal corporation located in Winnebago County, more specifically to the 15th Ward of said City and subject to Wisconsin Statutes and the amendments thereto: (as described in the attached "Exhibit A ") 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) of the Wisconsin Statutes and the City Clerk shall give written notice to the appropriate Town Clerk of the acceptance of the annexation petition and the adoption of this Ordinance. SECTION 4. Said property hereinabove described is hereby temporarily zoned as follows: R -1 Single Family Residence SECTION 5. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #14 -XXX APPROVE REQUEST TO ANNEX TO THE CITY 1 HICKORY VI ANNEXATION - 2338 HICKORY LANE on May 27, 2014. The Ordinance annexed property to the City of Oshkosh. 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. "EXHIBIT A" LEGAL DESCRIPTION HICKORY VI ANNEXATION - 2338 HICKORY LANE ALL OF LOT 39 OF DOEMEL PLAT LOCATED IN FRACTIONAL SECTION 7, TOWNSHIP 18 NORTH, RANGE 17 EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH % CORNER OF SAID SECTION 7; THENCE NORTH 89 055'43" WEST, 173.68 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST Y/4 OF SAID SECTION 7; THECE NORTH 02 010'43" WEST, 928.53 FEET; THENCE NORTH 35 05517.5" EAST, 324.46 FEET; THENCE NORTH 74 °01'18" EAST, 719.88 FEET; THENCE NORTH 06 °24'44" WEST, 279.91 FEET; THENCE NORTH 73 002'00" EAST, 344.80 FEET; THENCE NORTH 15 023'44" WEST, 92.05 FEET; THENCE NORTH 32 °06'29" WEST, 422.90 FEET ALONG THE NORTHEAST LINES OF LOTS 298 -300 OF THE ELEVENTH ADDITION TO NORTH POINT PLAT; THENCE NORTH 57 °53'31" WEST, 150.00 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF HICKORY LANE; THENCE NORTH 46 051'10" EAST, 50.43 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF HICKORY LANE, ALSO BEING THE SOUTHEAST CORNER OF LOT SAID 39 AND THE POINT OF BEGINNING; THENCE NORTH 32 °06'29" WEST, 55.00 FEET ALONG THE NORTH RIGHT -OF -WAY LINE OF HICKORY LANE TO THE SOUTHWEST CORNER OF SAID LOT 39; THENCE NORTH 58 °00'54" EAST 140.00 FEET ALONG THE WEST LINE OF SAID LOT 39 TO A POINT ON A MEANDER LINE, SAID POINT BEING SOUTH 58 °00'54 "WEST, 12 FEET MORE OR LESS FROM THE SHORELINE OF LAKE WINNEBAGO; THENCE SOUTH 32 006'29" EAST, 55.00 FEET ALONG SAID MEANDER LINE TO A POINT THAT IS SOUTH 58 °00'54" WEST, 17 FEET MORE OR LESS FROM THE SHORELINE OF LAKE WINNEBAGO; THENCE SOUTH 58 000'54" WEST, 140.00 FEET ALONG THE EAST LINE OF SAID LOT 39 TO THE POINT OF BEGINNING. ALSO INCLUDING ALL LANDS LYING BETWEEN SAID MEANDER LINE AND SHORELINE OF LAKE WINNEBAGO AND THE EXTENSION OF WESTERLYAND EASTERLY BOUNDARY LINES TO SAID SHORELINE LINE. SAID AREA CONTAINS 8,566 SQUARE FEET OR 0.120 ACRES, MORE OR LESS. OfHKOfH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: May 8, 2014 RE: Approve Request to Annex to the City / Hickory V1 Annexation m 2338 Hickory Lane (Plan Commission recommends approval) BACKGROUND Thurman & Valeta Rodgers, owners, request approval of the Hickory VI Annexation of approximately O. 12 acres of land located at 2338 Hickory Lane in the Town of Oshkosh. The property contains a single family dwelling and accessory outbuildings. Currently, the property has a Winnebago County zoning designation of R -2, Suburban Residential District (Subdivided). ANALYSIS The owner /petitioner is requesting the property be annexed with an R -1 Single Family Residence District zoning classification to match its existing use, the zoning of the city properties surrounding the subject site, as well as to be comparable with the existing County R -2 Suburban Residential District (subdivided) zoning. The purpose of the annexation is to allow the owner to connect to city utilities and have access to city services such as police and fire protection. The Comprehensive Plan designates this area as appropriate for residential use and the Oshkosh Fire and Police Departments have reviewed the request and do not have any concerns with providing services to this property. The Department of Public Works has reviewed the request and city facilities (sanitary sewer and water main) are readily available for connections. FISCAL IMPACT The City will not be required to extend utilities or provide services that are not already provided to the area. Approximately $3,144.50 will be collected for connection charges for the construction of sanitary sewer, water main and associated laterals installed by the City in 2000. As the City has not yet reached a boundary agreement with the Town of Oshkosh, it will be required to pay to the Town five years worth of property taxes lost by the Town due to this annexation which amounts to $123.88 per year or a total of $619.40 over five years. The annexation will add approximately $198,100 in assessed value to the city. RECOMMENDATION The Plan Commission approved of this request at its May 6, 2014 meeting. Approved, City Manager ITEM: HICKORY VI ANNEXATION Plan Commission meeting of May 6, 2014 GENERAL INFORMATION Applicant/Property Owner: Thurman and Valeta Rodgers Action(s) Requested: The petitioner is proposing direct annexation (by unanimous approval) of approximately 0. 12 acres of land currently located in the Town of Oshkosh. Applicable Ordinance Provisions: Requirements concerning annexation are located within Section 30 -9 of the City of Oshkosh Zoning Ordinance as well as within Section 66.0217 of the Wl State Statutes. Property Location and Background Information.: Thurman and Valeta Rodgers requests approval of the Hickory VI Annexation of approximately 0.1.2 acres of land located at 2338 Hickory Lane in the Town of Oshkosh. The property is developed with a single - family dwelling used as a vacation home and has a Winnebago County zoning designation of R- 2, Subuuban Residential District. Subiect Site Existing Land Use Zonin . Single - Family Dwelling R -2 (County) Adiacent Land. Use and Zonina Comprehensive Plan Land: Use Recommendation Land Use 10 Year Recommendation Residential 20 Year Recommendation Residential ANALYSIS The petitioner requests approval of the Hickory VI Annexation (by unanimous approval) of approximately 0. 12 acres of land located in the Town of Oshkosh. They request the property be annexed with an R -1 Single Family Residence District zoning classification to match the surrounding R-1 City zone district and is comparable to the existing County R -2 Suburban Residential District (Subdivided) zoning. The purpose of the annexation is for the property to obtain city sewer and water to allow the owners to proceed with extensive remodeling and to construct an addition to the existing home. The County has restrictions on the amount of alterations that can occur on existing structures based on the capacity of on -site sewerage system and availability of municipal sewer and water. The Comprehensive Plan designates this area as appropriate for residential use and the proposed zoning permits the proposed single family use for the property. The Department of Public Works has reviewed the request and reported that City sanitary sewer and water main were constructed in front of the property in 2000 with laterals stubbed to the property. Oshkosh Fire and Police Departments have reviewed the annexation request and do not have any concerns with providing services to this property. RECOMMENDATION /C ONDTTIONS Staff recommends approval of the Hickory VI Annexation with temporary and permanent zoning of R- 1 Single Family Residence District as requested. The Plan Commission approved of the annexation with R -I Single Family Residence District zoning as requested. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in said area. He stated that the purpose of the annexation request is to obtain sanitary and sewer services from the City as the property owner is planning on extensive remodeling plans and the County has restrictions on the amount of alterations that can occur on existing structures. The petitioner is requesting R_1 Single Family Residence District zoning classification which is consistent with the Comprehensive Plan. The Department of Public Works stated that City sanitary sewer and water main were constructed in front of the property in 2000 so services would be able to be provided and Oshkosh Fire and Police Departments have reviewed the request as well and do not have any concerns with providing services to this property. Ms. Propp questioned if the adjacent properties were in the City. Mr. Nau responded affirmatively. Mr. Thoms inquired if the connection to the sanitary and sewer system would be at the expense of the property owner. Mr. Nau again responded affirmatively. Motion by Nollenberger° to approve the Hickory VlAnnexation. Seconded by Bowen. Motion carried 6 -0. ITEJV — KieAoiy VI Annexation PETITION FOR DIRECT ANNEXATION BY UNA MOUS APPROVAL TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN: WHEREAS, the undersigned constituting all of the electors and all of the owners of real property in the territory proposed to be annexed; NOW, THEREFORE, PETITION IS HEREBY MADE by unanimous approval pursuant to the provisions of See. 66.0217(2) of the Wisconsin Statutes, for direct annexation to the City of Oshkosh, Wisconsin, from the Town of Oshkosh, Winnebago County, Wisconsin, of the real estate hereinafter described: That pursuant to Sec. 66.021.7(2), petition is hereby made without compliance to the notice requirements of Sec. 66.0217(4) of the Wisconsin. Statutes. That the current population of the territory to be annexed as defined by Sec. 66.0201(2)(dm) of the Wisconsin Statutes is zero 0 That the territory to be annexed is contiguous to the City of Oshkosh, is located in the Town of Oshkosh, Winnebago County, "Wisconsin and is described as follows: MCKORY VL ANNEXATION' ALL OF LOT 39 OF DOEMEL PLAT LOCATED IN FRACTIONAL SECTION 7, TOWNSHIP 18 NORTH, RANGE 17 EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 7; THENCE NORTH 89 055'43" WEST, 173.68 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 7; THECENORTH 02 °10'43" WEST, 928.53 FEET; THENCE NORTH 35 °55'17.5" EAST, 324.46 FEET; THENCE NORTH 74'01'18" EAST, 719.88 FEET; THENCE NORTH 06 024944" WEST, 279.91 FEET,- THENCE NORTH 73 °02'00" EAST, 344.80 FEET; THENCE NORTH 15 °2.3'44" WEST, 92.05 FEET; THENCE NORTH 32 °06'29" WEST, 422.90 FEET ALONG THE NORTHEAST LINES OF LOTS 298300 OF THE ELEVENTH ADDITION TO NORTH POINT PLAT; THENCE NORTH 57 °53'31" WEST, 150.00 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF HICKORY LANE; THENCE NORTH 46 °51' 10" EAST, 50.43 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF HICKORY LANE, ALSO BEING THE SOUTHEAST CORDER OF LOT SArD 39 AND irlE POINT OF BEGINNING; THENCE NORTH 32 °06'29" WEST, 55.00 FEET ALONG THE NORTH RIGHT - OF -WAY LINE OF HICKORY LANE TO THE SOUTHWEST CORNER OF SAID LOT 39; THENCE NORTH 58 °00'.54" EAST 140.00 FEET ALONG THE WEST LINE OF SAID LOT 39 TO A POINT ON A MEANDER LINE, SAID POINT BEING SOUTH 58 °00'54 "WEST, 12 FEET MORE OR LESS FROM THE SHORELINE OF LAKE WINNEBAGO; THENCE SOUTH 32 006'29" EAST, 55.00 FEET ALONG SAID MEANDER LINE TO A POINT THAT IS SOUTH 5$ °00'54" WEST, 17 FEET MORE OR LESS FROM THE SHORELINE OF LAKE WINNEBAGO; THENCE SOUTH 58 °00'54" WEST, 140°00 FEET ALONG THE EAST LINE OF SAID LOT 39 TO THE POINT OF BEGINNING. ALSO INCLUDINTG ALL LANDS LYING BETWEEN SAID MEANDER LINE AND SHORELINE OF LAKE WINNEBAGO AND THE EXTENSION OF WESTERLY AND EASTERLY BOUNDARY LINES TO SAID SHORELINE LINE. SAID AREA CONTAINS 8,566 SQUARE FEET OR 0.120 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. 3 El QUALIFICATION DATE (elector and/or NAME POST OFFICE ADDRESS SIGNED property owner) Thurrnan J. Rodgers 575 Eastview Way Owner Redwood City, CA 94062 —� j � lr ' Valeta Rodgers 575 Eastview Way OwneNA, Redwood Ci CA 94062 ty, �z El PETITION FOR TEMPORARY AND PERMANENT 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 annexed to the City of Oshkosh, said area being more particularly described in a certain petition for unanimous annexation to the City of Oshkosh, Hickory VI Annexation, and, WHEREAS it is acknowledged by the undersigned that the submitting of this petition does not in any matter attempt to matte said petition for direct annexation 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 annexing said territory include. a provision temporarily designating the classification for zoning purposes, pursuant to See. 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 Farrti.ly Residence District Qualification (elector and/or NAM POST OFFICE ADDRESS DATE SIGNED property owner) Thurman J. Rodgers 575 East-view Way O r Redwood City, CA 94062 ��j_ ._ �• .� �i Valeta Rodgers 575 Eastview Way O r'. Redwood. City, CA 94062 RECEIV' m CITY CLERIC'S OFFICE 5 w <cO Ul Z (7� Z °a 2 �o� Q ¢70 Lij Z O X aoZr z IY m < Ld o L�J _' ©O¢o L�Uuj¢ N h Q Q LJ r, M O d Z u Lo Z EAST LINE S£1 /4 -SWl /4 SEC. D7 -i9 -17 _ O O 0 - _J-- - _ �- _. — — — Q '•S�`�y2r NO2.10'43 "W 928.53 O F O SS�fY J O m ¢ Z O C✓ � � Q n W S N o n W U C_ Uj d 7 0 0 0 F W w o w z U UJ ¢ Li O < m w 6) CO � l F` z w T U U fi- (V � ZOOS �� i'''o Q Q fL ¢ N O 0 U N] � ` 2 Ut W } r-- ` \• X16 `ll d" D GO Owl sM �r •ao\1 ry�S� �.,_/ of �a \ z o � y�O \O r -q- co C) Lo n o Sy e, � u� n ��F�� cmi /m � 117 U-) En ID ID o �I a° 40 In C 7 111 -7 ti r OD cu N Lij LLJ ANNEXATION- HICKORY VI PAUL W /JANET K CARSTENS ANDREA N MONTEITH 2338 HICKORY LN 2332 HICKORY LN 2339 HICKORY LN PC: 05 -06 -14 OSHKOSH WI 54901 -2520 OSHKOSH WI 54901 -2519 THURMAN J RODGERS TOWN OF OSHKOSH MARY E HILES JEANNETTE MERTEN TOWN CLERK 575 EASTVIEW.WAY 1076 COZY LN 2346 HICKORY LN WOODSIDE CA 94062 -4009 OSHKOSH WI 54901 OSHKOSH WI 54901 -2520 DANIEL COTTER 2415 HICKORY LN OSHKOSH WI 54901 VA O :1j 0, CP I-Q .0, O h. N r):'i Uill in 0.01 m! L 7 The Qv of Oshkosh creates and maintains GIS maps and data for its own use, They may show the approximate relative loci ran of propeq, boundaries and o�:eT fie&Wrc from a variety of SouIxes, g These rnap(sildatasets are provided for infonnafior. purposes only and may be suffFUerl Or Pirintir,, Date: 4117,120 14 0-f HKO-f H appm-pniate for Jngal; engineE:dmg, or Surveying pumoses. They are pruMed 'AS -IS without Prepared by: City of Oshkosh, 1AJI cN THE WATER ' -vaimnves of any kind and the CItY cf,'Oshkosh ammess no fiabiQj for use or m1suse, 8 i - i flan C' a p1jm "N"ap Commission Site Plan Il 7emplaEelPlan Commission Site Plan Map €emplata.mxd 1 in= fl,l9mi 1 in= 1,000 ft Printing Date: 4/1712014 Prepared by: City of Oshkosh,.wi OfHKO -fH ON THE WATER v" ^�A `y 9�� �145'� G �` � � ice• F 4 91 ' k 'kx t r $ J - NO; Yn Z. t ;i * -r`''' - fit" _ r - "�•- ' io N. IF u± d F s 1 in 0.01 mi Af rI��T\ 3 1 in =50ft 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. Printing Date: 4117/2014 ®J6-- ���J� --� These map (s)1datasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS" withwi: prepared by: City of Oshkosh, Wi uN THE WATER warranties of any kind and the City of Oshkosh assumes no Ilabiiity for use or misuse. J:!Gla,rlannirg':Fian Commission Site Plan ,}tap fernoateiPlar Commission Site Plan hiap Template.mad user. deboraht -1 V