HomeMy WebLinkAbout27. 14-399
AUGUST 13, 2014 AUGUST 26, 2014 14-372 14-399 ORDINANCE
FIRST READING SECOND READING
(CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE REQUEST TO ANNEX TO THE CITY / BOSCHWITZ I
ANNEXATION
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ANNEXING CERTAIN
TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 12TH 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
WHEREAS, the petitioners have requested that the annexation ordinance
AUGUST 13, 2014 AUGUST 26, 2014 14 -372 14 -399 ORDINANCE
FIRST READING SECOND READING CONT'D
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 12th Ward of said City and subject to Wisconsin Statutes and the amendments
thereto:
PART OF THE SOUTHWEST' /4 OF THE SOUTHWEST' /4 OF SECTION 2, TOWNSHIP
18 NORTH, RANGE 16 EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY,
WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE
SOUTH QUARTER CORNER OF SAID SECTION 2; THENCE NORTH 00 °15'41" EAST,
674.05 FEET ALONG THE EAST LINE OF THE WEST Y2 OF SAID SECTION 2; THENCE
SOUTH 89 038'55" WEST, 2,044.71 FEET ALONG THE EXTENDED SOUTH LINE AND
SOUTH LINE OF SAWICKI SUBDIVISION AND SOUTH LINES OF CERTIFIED SURVEY
MAPS NOS. 3639 AND 5907 WINNEBAGO COUNTY RECORDS TO THE SOUTHWEST
CORNER OF SAID CSM NO. 5907 AND POINT OF BEGINNING; THENCE SOUTH
00 037'28" WEST, 17.67 FEET ALONG THE EXTENDED EAST RIGHT -OF -WAY LINE OF
PROGRESS DRIVE TO THE BEGINNING OF A 200.00 FOOT RADIUS CURVE TO THE
LEFT; THENCE SOUTHEASTERLY 147.85 FEET ALONG THE ARC OF SAID CURVE
ON A CHORD WHICH BEARS SOUTH 20 033'14" EAST AND IS 144.51 FEET IN
LENGTH TO THE TERMINATION OF SAID CURVE; THENCE SOUTH 41043'55" EAST,
62.22 FEET; THENCE SOUTH 89 °38'55" WEST, 660.17 FEET TO A POINT ON THE
WEST LINE OF SAID SECTION 2; THENCE NORTH 00 °37'28" EAST, 200.00 FEET
ALONG SAID WEST LINE OF SECTION 2 TO THE SOUTHWEST CORNER OF CSM
NO. 5614; THENCE NORTH 89 °38'55° EAST, 566.03 FEET ALONG THE SOUTH LINE
AND EXTENDED SOUTH LINE OF SAID CSM NO. 5614 TO THE POINT OF
BEGINNING. SAID AREA CONTAINS 1 18,836 SQUARE FEET OR 2.728 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) 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.
AUGUST 13, 2014 AUGUST 26, 2014 14 -372 14 -399 ORDINANCE
FIRST READING SECOND READING CONT'D
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 -399 APPROVE REQUEST TO ANNEX TO THE CITY 1
BOSCHWITZ I ANNEXATION on AUGUST 26, 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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TO:
FROM:
DATE:
RE:
Honorable Mayor and Members of the Common Council
Darryn Burich
Director of Planning Services V
August 7, 2014
Approve Request to Annex to the City I Boschwiltz I Annexation (Plan Commission
Recommends Approval)
BACKGROUND
The City of Oshkosh requests approval of the Boschwitz I Annexation of approximately 2.728 acres of
City -owned land located in the Town of Oshkosh, west of extended Progress Drive, south of the City's
Northwest Industrial Park. The property is undeveloped; currently being used agriculturally and has a
Town of Oshkosh zoning designation of M -1 Light Industrial District. The surrounding area is
comprised of industrial uses to the north and west (part of the Oshkosh Northwest Industrial Park) and
vacant/undeveloped city -owned lands to the south and east slated for future industrial park expansion.
ANALYSIS
The City requests approval of the Boschwitz I Annexation with an M -3 General Industrial District
zoning classification to match the existing M -3 City zone district to the north and west. The purpose of
the annexation is for a land sale to provide additional land for a proposed expansion of the FedEx
development immediately to the north and will also include a portion of Progress Drive which was
officially mapped in 2008 and will be dedicated and constructed at a later date. The Comprehensive
Plan designates this area as appropriate for industrial use and the Department of Public Works has
reviewed this request and reported that sanitary sewer and water main extensions will not be
necessary as FedEx already obtains its services off W. Fernau Avenue. Oshkosh Fire and Police
Departments have also reviewed the annexation request and do not have concerns with providing
services to this property.
FISCAL IMPACT
As the City is the current property owner and an exempt entity, no property tax payments will be owed
to the Town of Oshkosh. Based on the current assessed values of the existing FedEx development,
the annexation and proposed expansion project may potentially add $90,700 in land value and
$1,115,800 in improvement value to the City's tax roll.
RECOMMENDATION
The Plan Commission approved of this request at its August 5, 2014 meeting.
Approved,
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City Manager
ITEM: BOSCHWITZ I ANNEXATION
Plan Commission meeting of August 5, 2014
GENERAL INFORMATION
Petitioner /Property Owner: City Administration
Action(s) Requested:
The petitioner is proposing direct annexation (by unanimous approval) of approximately 2.728 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:
The City of Oshkosh requests approval of the Boschwitz I Annexation of approximately 2.728 acres of
City -owned land located in the Town of Oshkosh, west of extended Progress Drive, south of the City's
Northwest Industrial Park. The property is undeveloped; currently being used agriculturally and has a
Town of Oshkosh zoning designation of M -1 Light Industrial District. The surrounding area is
comprised of industrial uses to the north and west (part of the Oshkosh Northwest Industrial Park) and
vacant/undeveloped city -owned lands to the south and east slated for future industrial park expansion.
Subiect Site
ExYStzrag Land Ilse
Zoning
Undeveloped /Agricultural
. M -1 (Town of Oshkosh)
Adiacent Land Use and Zonin
Comprehensive Plan
Laud Use $eco�r mendataort _.
10 Year Recommendation
Industrial
20 Year Recommendation
Industrial
ANALYSIS
The City requests approval of the Boschwitz I Annexation (by unanimous approval) of approximately
2.728 acres of land located in the Town of Oshkosh. The City requests the property be annexed with
an M -3 General Industrial District zoning classification to match the existing M -3 City zone district to
the north and west.
The purpose of the annexation is for a land sale to provide an additional 200 feet land for a proposed
expansion of the FedEx development immediately to the north. The area to be annexed also includes a
portion of officially mapped Progress Drive which was mapped in 2008 (Ord. 08 -407), which will be
dedicated and constructed at a later date. The Comprehensive Plan designates this area as appropriate
for industrial use and the proposed zoning will be the same as the existing FedEx site for which it will
be attached.
The Department of Public Works has reviewed the request and reported that City sanitary sewer and
water main extensions along Progress Drive will not be needed as FedEx already obtains its services
off W. Fernau Avenue. Oshkosh Fire and Police Departments have reviewed the annexation request
and do not have any concerns with providing services to this property.
Staff is in support of this annexation request as it will allow FedEx to proceed with expansion plans
and continued growth of the Northwest Industrial Park.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the Boschwitz I Annexation with temporary and permanent zoning of
M -3 General Industrial District as requested.
The Plan Commission approved of the Boschwitz I Annexation with temporary and permanent zoning
of M -3 General Industrial District. The following is the Plan Commission's discussion on this item.
Mr. Nau presented the item and reviewed the site and surrounding area which currently has a zoning
designation of M -I Light Industrial District in the Town of Oshkosh and is used for agricultural
purposes. He reviewed the boundaries of the Northwest Industrial Park and stated that the City had
purchased this land with the intention of the industrial park eventually expanding. FedEx is currently
looking to expand its business which is initiating the need for the annexation request which will also
include a portion of the officially mapped Progress Drive. The Department of Public Works has
reviewed this request and has indicated that City sanitary sewer and water main extensions would not
be required as FedEx already obtains its services off W. Femau Avenue and that the Fire and Police
Departments have also reviewed the request and do not have any concerns with providing services to
this area. He further stated that the proposed land use was consistent with the City's Comprehensive
Plan.
Mr. Thoms asked to clarify that the annexation was proposed for the expansion of the FedEx
development and future road construction.
Mr. Nau responded affirmatively.
Mr. Cummings questioned if the structure to the east of this site was Shallbetters.
Mr. Burich responded affirmatively.
Mr. Gray inquired if the City has a boundary agreement with the Town of Oshkosh.
Mr. Nau responded negatively.
Mr. Borsuk questioned if there was any condition to combine the two properties once the annexation is
complete or if a condition should be added to this request.
ITEM — Boschivitr 1 Annexation 2
Mr. Nau indicated that there was not a necessity to add this as a condition for the annexation request as
it would be addressed during the Site Plan Review Committee process.
Motion by Vajgrt to approve the Boschwitz I Annexation from the Town of Oshkosh.
Seconded by Borsuk. Motion carried 9 -0.
ITEM— Boschivitz I Annexation
PE'T'ITION 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 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. 66.0217(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:
BOSCHWITZ I ANNEXATION
PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST `A OF SECTION 2, TOWNSHIP I.8 NORTH, RANGE 16 EAST, TOWN
OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE SOUTH QUARTER CORNER OF SAID SECTION 2; THENCE NORTH 00 °15'41" EAST, 674.05
FEET ALONG THE EAST LINE OF THE WEST 1/20F SAID SECTION 2; THENCE SOUTH 89 °38'55" WEST, 2,044.71 FEET
ALONG THE EXTENDED SOUTH LINE AND SOUTH LINE OF SAWICKI SUBDIVISION AND SOUTH LINES OF
CERTIFIED SURVEY MAPS NOS. 3639 AND 5907 WINNEBAGO COUNTY RECORDS TO THE SOUTHWEST CORNER OF
SAID CSM NO. 5907 AND POINT OF BEGINNING; THENCE SOUTH 00 °37'28" WEST, 17.67 FEET ALONG THE
EXTENDED EAST RIGHT -OF -WAY LINE OF PROGRESS DRIVE TO THE BEGINNING OF A 200.00 FOOT RADIUS
CURVE TO THE LEFT; THENCE SOUTHEASTERLY 147.85 FEET ALONG THE ARC OF SAID CURVE ON A CHORD
WHICH BEARS SOUTH 20033'14" EAST AND IS 144.51 FEET IN LENGTH TO THE TERMINATION OF SAID CURVE;
THENCE SOUTH 41 °43'55" EAST, 62.22 FEET; THENCE SOUTH 89 °38'55" WEST, 660.17 FEET TO A POINT ON THE
WEST LINE OF SAID SEC'T'ION 2; THENCE NORTH 00 °37'28" EAST, 200.00 FEET ALONG SAID WEST LINE OF
SECTION 2 TO THE SOUTHWEST CORNER OF CSM NO. 5614; THENCE NORTH 89 °38'55" EAST, 566.03 FEET ALONG
THE SOUTH LINE AND EXTENDED SOUTH LINE OF SAID CSM NO.5614 TO THE POINT OF BEGINNING. SAID AREA
CONTAINS 118,836 SQUARE FEET OR 2.728 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.
NAME
POST OFFICE ADDRESS
DATE
SIGNED.
QUALIFICATION
(elector and/or
property owner)
Mark A. Rohloff
P.O, Box 1130
City Manager
Oshkosh, WI 54903 -1130
City of Oshkosh, WI
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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,
Boschwitz I Annexation,
.rr
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:
NAME
Mark A. Rohloff
City Manager
City of Oshkosh, WI
M -3 General Industrial District
POST OFFICE ADDRESS
P.O. Box 1130
Oshkosh, WI 54903 -1130
DATE SIGNED
Qualification
(elector and/or
property owner
J
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L 18 2014
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CITY CLERK'S d FFICE
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BOSCHWTTZ I ANNEXATION CORRIM COMPANY LLC GENERAL NUMBER ONE LLC
PC: 08 -05 -14 1870 STILLMAN DR PO BOX 4167
OSHKOSH WI 54901 -1010 OLATHE KS 66063 -4167
H & M COMMERCIAL LLC
N69W25986 BRIGHTON DR
SUSSEX WI 53089 -2506
TOWN OF OSHKOSH
JEANNETTE MERTEN TOWN CLERK
1076 COZY LN
OSHKOSH WT 54901
KOEPPLER FAMILY LIMITED
PARTNERSHIP
40 W 6TH AVE
OSHKOSH WI 54902--6036
CITY OF OSHKOSH
215 CHURCH AV
OSHKOSH WI 54901
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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.
These map(s)1datascts are provided for information purposes only and may not be sufficient or
appropJate for legal, engineering, or surveying purposes. They are provided "AS-IS" without
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
Commission Site Plan Map fernplate.mxd
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Printing Date: 7111/2014
Prepared by: City of Oshkosh, W1
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The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the
approximate relative location of propeN boundaries and other feature from a variety of sources.
These map(s)fdatasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS" without
warranfies of any kind and the City of Oshkosh assumes no liability for use or misuse.
Commission Site Plan Map Template\Plan
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1 in= 0.19mi
'A 1 in =1,000 ft
Printing Date: 7/11/2014
Prepared by, City of Oshkosh, Wl
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Printing Date: 7/1112014
Prepared by: City of Oshkosh, Wl
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