HomeMy WebLinkAbout29. 14-298
JUNE 10, 2014 JUNE 24, 2014 14-267 14-298 ORDINANCE
FIRST READING SECOND READING
(CARRIED___7-0___LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN
OF ALGOMA / DANULA VOLUNTARY DELAYED ATTACHMENT /
1535 SOUTH OAKWOOD ROAD
INITIATED BY: JOHN P. DANULA & ELIZABETH A. DANULA
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 delayed 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 owner has requested temporary zoning of R-1 Single
Family; 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:
JUNE 10, 2014 JUNE 24, 2014 14-267 14-298 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:
KNOWN AS 1535 S. OAKWOOD ROAD, A PART OF THE SOUTHEAST % OF THE
NORTHEAST 1/4 OF SECTION 29, TOWN 18 NORTH, RANGE 16 EAST, TOWN OF
ALGOMA, WINNEBAGO COUNTY, WISCONSIN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST % CORNER OF SAID SECTION 29; THENCE NORTH
00°25'40" WEST, 221.70 FEET ALONG THE EAST LINE OF SAID SECTION 29;
THENCE NORTH 89°43'03" WEST, 33.00 FEET TO A POINT ON THE WEST RIGHT-
OF-WAY LINE OF S. OAKWOOD ROAD, ALSO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89°43'03" WEST, 764.20 FEET TO A POINT ON THE
EASTERLY LINE OF THE FIRST ADDITION TO WESTLEIGH FARMS SUBDIVISION;
THENCE NORTH 38°14'38" EAST, 139.48 FEET ALONG SAID EASTERLY LINE OF
THE 1sT ADDITION TO WESTLEIGH FARMS SUBDIVISION; THENCE SOUTH
89°43'03"EAST, 677.04 FEET TO A PONT ON THE WEST RIGHT-OF-WAY LINE OF
S. OAKWOOD ROAD; THENCE SOUTH 00°25'40" EAST, 110.00 FEET ALONG SAID
RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS
APPROXIMATELY 79,246 SQUARE FEET OR 1.819 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 temporarily zoned
as follows: R-1 Single Family.
SECTION 5. This Ordinance shall be in full force and effect 5 years from the
Sunday after its passage and publication or in accordance with the approved
Cooperative Plan between the Town of Algoma and the City of Oshkosh.
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #14-298 APPROVE DANULA VOLUNTARY DELAYED
ATTACHMENT REQUEST / 1535 SOUTH OAKWOOD ROAD — TOWN OF ALGOMA
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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OJHKOJH
ON THE WATEP
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: June 4, 2014
RE: Approve Request to Attach to the City from Town of Algoma/ Danula Voluntary
Delayed Attachment; 1535 South Oakwood Road
BACKGROUND/SUBJECT PROPERTY
This is a delayed voluntary attachment of approximately 1.819 acres of land located in the Town of
Algoma. The purpose of the attachment is to obtain utility service (sanitary sewer) for an existing
single-family residence at 1535 S. Oakwood Road. The property is currently zoned R-1 ETZ, Single
Family Residence District Extraterritorial Zoning. The attachment is delayed because under the terms
of the Boundary Agreement between the City and Town of Algoma, provisions allow for connection to
City sewer and water facilities and delay the actual transfer of property to the City's jurisdiction for a
five year period or until a defined City expansion area is immediately attached as outlined in the
Cooperative Plan. The subject property is located in Zone B which is scheduled for attachment on
March 1, 2018.
ANALYSIS
The property is proposed to be attached with a zoning classification of R-1, Single Family Residence
District, which is consistent with the Comprehensive Plan's land use recommendation and the existing
land use pattern of the surrounding area. The property will remain under Town/County jurisdiction for
most services (other than zoning administration, and sanitary sewer service) until the property is
automatically attached on March 1, 2018, after which the City will provide all services. Service
provision by the City should not be an issue as these services are provided to other properties along
S. Oakwood Road. As the attachment is being requested to obtain sanitary sewer service, all
connection charges will be required to be paid prior to connection.
FISCAL IMPACT
None anticipated. When the property attaches to the City it will add approximately $142,400 to the
property tax rolls.
RECOMMENDATION
It appears that the Danula Delayed Voluntary Attachment is in the best interest of the City and I
recommend approval as requested.
Approved,
City Manager
PETITION FOR UNANIMOUS DELAYED VOLUNTARY ATTACIIMMENT
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.
66.0307,Wis. Stats.,approved by the Wisconsin Department of Administration,that identifies areas within the Town
of Algoma as expansion areas for the City of Oshkosh;
WHEREAS,the undersigned represent 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 petitioners are requesting to obtain sanitary sewer and water service from the City;
WHEREAS,the petitioners are requesting up to a five(5)year delayed voluntary attachment under Section
11.02 (c) of the Cooperative Plan;
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 delayed 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:
Danula Delayed Voluntary Attachment
KNOWN AS 1535 S. OAKWOOD ROAD, A PART OF THE SOUTHEAST 'A OF THE NORTHEAST V4 OF
SECTION 29, TOWN 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA,WINNEBAGO COUNTY, WISCONSIN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 29; THENCE
NORTH 00°25'40"WEST, 221.70 FEET ALONG THE EAST LINE OF SAID SECTION 29; THENCE NORTH
89°43'03"WEST, 33.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF S. OAKWOOD ROAD,
ALSO THE TRUE POINT OF BEGINNING;THENCE CONTINUING NORTH 89°43'03"WEST, 764.20 FEET TO A
POINT ON THE EASTERLY LINE OF THE FIRST ADDITION TO WESTLEIGH FARMS SUBDIVISION; THENCE
NORTH 38°14'38"EAST, 139.48 FEET ALONG SAID EASTERLY LINE OF THE 1ST ADDITION TO WESTLEIGH
FARMS SUBDIVISION; THENCE SOUTH 89°43'03"EAST, 677.04 FEET TO A PONT ON THE WEST RIGHT-OF-
WAY LINE OF S. OAKWOOD ROAD; THENCE SOUTH 00°25'40"EAST, 110.00 FEET ALONG SAID RIGHT-OF-
WAY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 79,246 SQUARE
FEET OR 1.819 ACRES, MORE OR LESS.
QUALIFICATION
DATE (elector and/or
NAME POST OFFICE ADDRESS SIGNED property owner)
Elector& Property
1535 S. Oakwood Rd. Q5 p3 Owner
John P. Danula Oshkosh, WI 54904
f�1 Elector& Property
.A. Fe ' �7 /G/�`��Z 1535 S. Oakwood Rd. oti2 Owner
Elibeth A. Danula Oshkosh, WI 54904 EI 'E � �/
JUN 3 2014
r't T i' CL.ERM S°MO
PETITION FOR TEMPORARY 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 attached to the City of Oshkosh, said area being more particularly described in a certain petition
for unanimous delayed voluntary attachment to the City of Oshkosh,
Danula Delayed Voluntary Attachment,
and,
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 amended as prescribed in Sec. 62.23(7)(d) of the Wisconsin Statutes, as
follows:
R-1 Single Family Residence District
Qualification
(elector and/or
NAME POST OFFICE ADDRESS DATE SIGNED property owner)
1535 S. Oakwood Rd. C6/0?/14 Elector &Property Owner
John P. Danula Oshkosh, WI 54904
Elector&
J � 1535 S. Oakwood Rd. Pro e Owner
.zabeth A. Danula Oshkosh, WI 54904 ��� � Property
CErvED
I JUN 33 2014
CITY CLERK'S OFRCP
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