HomeMy WebLinkAbout28. 14-297
JUNE 10, 2014 JUNE 24, 2014 14-266 14-297 ORDINANCE
FIRST READING SECOND READING
(CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE REQUEST TO ANNEX TO THE CITY / PACUR
ANNEXATION – VACANT LOT, NORTH OF 3555 MOSER STREET
INITIATED BY: RONALD H. & JANE K. JOHNSON
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 Administration 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 Administration has issued its opinion that the annexation is/is
not contrary to the public interest; and
JUNE 10, 2014 JUNE 24, 2014 14-266 14-297 ORDINANCE
FIRST READING SECOND READING CONT'D
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 M-3 General Industrial.
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:
PART OF THE NORTHEAST' OF THE FRACTIONAL NORTHWEST 1/4 OF SECTION 1,
TOWNSHIP 18 NORTH, RANGE 16 EAST,AND PART OF THE SOUTHEAST' OF THE
SOUTHWEST' OF SECTION 36,TOWNSHIP 19 NORTH, RANGE 16 EAST, TOWN OF
OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTH % CORNER OF SECTION 1; THENCE
SOUTH 88°57'17" WEST, 66.00 FEET TO THE EXTENDED WEST LINE OF MOSER
STREET; THENCE SOUTH 00°32'14" EAST, 932.25 FEET ALONG THE WEST LINE OF
MOSER STREET TO A POINT ON THE EASTERLY EXTENSION OF THE NORTH LINE
OF CERTIFIED SURVEY MAP NUMBER 3585; THENCE SOUTH 88°57'18" WEST,
874.22 FEET ALONG SAID EASTERLY EXTENSION AND NORTH LINE TO THE EAST
LINE OF LOT 1, CERTIFIED SURVEY MAP NUMBER 1728; THENCE NORTH 00°33'16"
WEST, 655.75 FEET ALONG SAID EAST LINE AND THE EAST LINE OF CERTIFIED
SURVEY MAP NUMBER 2008 TO THE SOUTH LINE OF CERTIFIED SURVEY MAP
NUMBER 5512; THENCE NORTH 88°56'55" EAST, 511.96 FEET ALONG SAID SOUTH
LINE TO THE EAST LINE OF SAID CERTIFIED SURVEY MAP; THENCE NORTH
00°32'41"WEST, 276.44 FEET ALONG SAID EAST LINE TO THE NORTH LINE OF SAID
SECTION 1; THENCE SOUTH 88°57'17" WEST, 118.50 FEET ALONG SAID NORTH
LINE; THENCE NORTH 00°32'41" WEST, 33.00 FEET TO THE NORTH LINE OF E.
SNELL ROAD; THENCE NORTH 88°57'17" EAST, 547.00 FEET ALONG SAID NORTH
LINE TO THE EAST LINE OF THE SOUTHWEST ' OF SAID SECTION 36; THENCE
SOUTH 00°32'14" EAST, 33.00 FEET ALONG SAID EAST LINE TO THE POINT OF
BEGINNING. SAID AREA CONTAINS 691,598 SQUARE FEET OR 15.877 ACRES,
MORE OR LESS.
JUNE 10, 2014 JUNE 24, 2014 14-266 14-297 ORDINANCE
FIRST READING SECOND READING CONT'D
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 M-3
General Industrial.
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 #14-297 APPROVE REQUEST TO ANNEX TO THE CITY/ PACUR
ANNEXATION — VACANT LOT, NORTH OF 3555 MOSER STREET on June 24, 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: June 4, 2014
RE: Approve Request to Annex to the City/ Pacur Annexation — Southwest Corner Moser
Street & E. Snell Road from the Town of Oshkosh (Plan Commission recommends
approval)
BACKGROUND
Ronald H. and Jane K. Johnson, request approval of the Pacur Annexation of approximately 15.877
acres of land located at the southwest corner of Moser Street and E. Snell Road in the Town of
Oshkosh. The property is currently vacant/undeveloped and being used agriculturally. Currently, the
property has a Town of Oshkosh zoning designation of M-2, Heavy Industrial District.
ANALYSIS
The owner/petitioner is requesting the property be annexed with an M-3 General Industrial District
zoning classification to allow for its anticipated use and development as well as match the city
properties surrounding the subject site. 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. It is
anticipated that the subject site will be incorporated into the City's North Industrial Park and governed
by the Industrial Park Covenants administered by Chamco. The Comprehensive Plan designates this
area as appropriate for industrial 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 $13,577.62 will be collected for connection charges for the construction of
sanitary sewer, water main and associated laterals installed by the City in 1980. 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 $1.88 per
year or a total of$9.40 over five years. Based on land and improvement values in the City's North
Industrial Park, the annexation will add approximately $394,550 in assessed land value and
$2,238,000 improvement value to the city.
RECOMMENDATION
The Plan Commission approved of this request at its June 3, 2014 meeting.
Approved,
City Manager
ITEM: PACUR ANNEXATION
Plan Commission meeting of June 3, 2014
GENERAL INFORMATION
Petitioner/Property Owner: Ronald H. & Jane K. Johnson
Action(s) Requested:
The petitioner is proposing direct annexation(by unanimous approval) of approximately 15.877 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 WI State Statutes.
Property Location and Background Information:
Ronald H. & Jane K. Johnson requests approval of the Pacur Annexation of approximately 15.877
acres of land located at the southwest corner of E. Snell Road and Moser Street in the Town of
Oshkosh. The subject site is surrounded on all sides by the City save for a"balloon string' Town
connection along E. Snell Road as well as the City's North Industrial Park to the west, south and east.
The property is undeveloped; currently being used agriculturally and has a Town of Oshkosh zoning
designation of M-2 Heavy Industrial District.
Subject Site
Existing Land Use Zoning
Undeveloped/Agricultural M-2(Town of Oshkosh)
Adjacent Land Use and Zoning
Existing Uses Zoning
Recreational(Winnebago County Park), Single-Family M-3 (City)
North Dwelling,Industrial
SouthIndustrial _.....----............._.__.................................................................__._..................................__M-3 (City)...._.........................._......._......................_..__............._............................
South
East Industrial&Commercial M-3 (City)
West Industrial M-3 (City)
Comprehensive Plan
Land Use Recommendation Land Use
10 Year Recommendation Industrial
20 Year Recommendation Industrial
ANALYSIS
The petitioner requests approval of the Pacur Annexation (by unanimous approval) of approximately
15.877 acres of land located in the Town of Oshkosh. They request the property be annexed with an
M-3 General Industrial District zoning classification to match the surrounding M-3 City zone district
and is comparable to the existing Town of Oshkosh's M-2 Heavy Industrial District zoning.
The purpose of the annexation is for the property to obtain city sewer and water to allow for a future
expansion of Pacur, LLC (owned by the petitioners), a plastics manufacturer to the south. The
Comprehensive Plan designates this area as appropriate for industrial use and the proposed zoning
permits plastic manufacturing by-right.
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(along Moser Street) in 1980. Oshkosh Fire and
Police Departments have reviewed the annexation request and do not have any concerns with providing
services to this property as all of the surrounding properties are already located in the City.
Staff is comfortable with this annexation request as it will allow for new manufacturing development
and views it as the highest and best use of the land considering its proximity to the City's North
Industrial Park to the west, south and east. The proposed annexation will also remove one of the many
"balloon-string"town remnants that are common in the Town of Oshkosh, which cause confusion
when trying to decipher which properties are inside or outside of the City or Town.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the Pacur Annexation with temporary and permanent zoning of M-3
General Industrial District as requested.
The Plan Commission approved of the Pacur Annexation 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 discussed the land disposition of the rail spur that was approved
at a previous meeting which is related to this request as it will allow for the future expansion of the
Pacur plastics manufacturing facility to the south. He further stated that the request was reviewed by
the Department of Public Works and the Oshkosh Fire and Police Departments who do not have any
concerns with providing services to this property as all of the surrounding properties are already
located in the City.
Motion by Vajgrt to approve the Pacur Annexation.
Seconded by Nollenberger. Motion carried 6-0.
ITEM—Pacur Annexation 2
PETITION FOR DIRECT ANNEXATION BY UNANIMOUS 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 Sec. 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. 66.0217(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:
PACUR ANNEXATION
PART OF THE NORTHEAST 1/4 OF THE FRACTIONAL NORTHWEST 1/4 OF SECTION 1, TOWNSHIP
18 NORTH, RANGE 16 EAST, AND PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 36, TOWNSHIP 19 NORTH, RANGE 16 EAST, TOWN OF OSHKOSH, WINNEBAGO
COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH
1/4 CORNER OF SECTION 1; THENCE SOUTH 88°57'17"WEST, 66.00 FEET TO THE EXTENDED
WEST LINE OF MOSER STREET; THENCE SOUTH 00°32'14"EAST, 932.25 FEET ALONG THE WEST
LINE OF MOSER STREET TO A POINT ON THE EASTERLY EXTENSION OF THE NORTH LINE OF
CERTIFIED SURVEY MAP NUMBER 3585; THENCE SOUTH 88°57'18"WEST, 874.22 FEET ALONG
SAID EASTERLY EXTENSION AND NORTH LINE TO THE EAST LINE OF LOT 1, CERTIFIED
SURVEY MAP NUMBER 1728; THENCE NORTH 00°33'16" WEST, 655.75 FEET ALONG SAID EAST
LINE AND THE EAST LINE OF CERTIFIED SURVEY MAP NUMBER 2008 TO THE SOUTH LINE OF
CERTIFIED SURVEY MAP NUMBER 5512; THENCE NORTH 88°56'55"EAST, 511.96 FEET ALONG
SAID SOUTH LINE TO THE EAST LINE OF SAID CERTIFIED SURVEY MAP; THENCE NORTH
00°32'41" WEST,276.44 FEET ALONG SAID EAST LINE TO THE NORTH.LINE OF SAID SECTION 1;
THENCE SOUTH 88°57'17" WEST, 118.50 FEET ALONG SAID NORTH LINE; THENCE NORTH
00°32'41" WEST, 33.00 FEET TO THE NORTH LINE OF E. SNELL ROAD; THENCE NORTH 88°57'17"
EAST, 547.00 FEET ALONG SAID NORTH LINE TO THE EAST LINE OF THE SOUTHWEST 1/4 OF
SAID SECTION 36; THENCE SOUTH 00°32'14"EAST, 33.00 FEET ALONG SAID EAST LINE TO THE
POINT OF BEGINNING. SAID AREA CONTAINS 691,598 SQUARE FEET OR 15.877 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.
RECEIVED
MAY 162014
CITY CLERK'S OFFICE
3
QUALIFICATION
. DATE •• (elector and/or
NAME POST OFFICE ADDRESS SIGNED property owner)
/...
Ronald H. Jo son . . .3555 Moser St.. / Owner
Ai--tii Ate/il'eLoCr—^ Oshkosh, WI 54901 5 I
g
Jane K. Joli.Sopn4 3555 Moser St. Owner
–
l 6( , ,a),,,, Oshkosh, WI 54901
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RECEI-ven
MAY 1 2 ;41 i
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--------:1--i _
4
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,
Pacur Annexation,
and,
WHEREAS it is acknowledged by the undersigned that the submitting of this petition does
not in any matter attempt to make 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 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:
M-3, General Industrial District
Qualification
(elector and/or
NAME POST OFFICE ADDRESS DATE SIGNED property owner)
Ronald H. Johnson 3555 Moser St. Owner.
Gfrzsi-J Oshkosh, WI 54901 57/0/I 41
Jane K. Johnson j • 3555 Moser St. ( Owner
� 2_ 1 (a _1 Oshkosh, WI 54901
f rttti,��1 r�t�
t
RECEIVEri
� ` 2 014
CIT CLERK'S OFFICE 5
ANNEXATION-PACUR MICHAEL S/SUSAN K WEISS WINNEBAGO CTY EMP CREDIT
N OF 3555 MOSER ST 330 E SNELL RD UNION
PC: 06-03-14 OSHKOSH WI 54901-1245 567 E SNELL RD
OSHKOSH WI 54901-1242
RUSCH HOMES LLC D F R ENTERPRISES LLC NORTHERN WISCONSIN
2500 CENTENNIAL RD LOT 228 1723 EVANS ST
WAREHOUSING LLC
BISMARCK ND 58503-0704 OSHKOSH WI 54901-3074 PO BOX 1015
HORSHAM PA 19044-8015
YOUNGWIRTH PROPERTIES LLC MILPRINT INC WINNEBAGO COUNTY PARK
3600 N MAIN ST 3550 MOSER ST PO BOX 2808
OSHKOSH WI 54901-1235 OSHKOSH WI 54901-1255 OSHKOSH WI 54903-2808
RONALD H/JANE K JOHNSON LLC CURWOOD INC DENNIS SCHUHART
600 E SNELL RD
3555 MOSER ST PO BOX 2968 OSHKOSH WI 54901
OSHKOSH WI 54901-1270 OSHKOSH WI 54903-2968
SNELL RD PROPERTIES LLC TOWN OF OSHKOSH
916 BAVARIAN CT JEANNETTE MERTEN TOWN CLERK
OSHKOSH WI 54901 1076 COZY LN
OSHKOSH WI 54901
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