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Home My WebLink About19. 14-482 OCTOBER 14, 2014 OCTOBER 28, 2014 14-463 14-482 ORDINANCE FIRST READING SECOND READING (CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN OF NEKIMI / RHYNER VOLUNTARY ATTACHMENT; 3826 COUNTY ROAD N INITIATED BY: CHRIS AND NANCY RHYNER 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 Nekimi 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 Nekimi 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 Nekimi; and WHEREAS, the proposed territory to be attached is located within the designated Expansion Area of the Town of Nekimi to the City of Oshkosh; and WHEREAS, the property owners have requested temporary zoning of C-2 General Commercial District; and WHEREAS, the Town Clerk for the Town of Nekimi has been provided with written notice regarding the attachment in the time period specified by the approved Cooperative Plan; and WHEREAS, the Town of Nekimi 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: OCTOBER 14, 2014 OCTOBER 28, 2014 14-463 14-482 ORDINANCE FIRST READING SECOND READING 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: ALSO KNOWN AS 3826 COUNTY ROAD “N”, PART OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼, AND PART OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼, ALL IN SECTION 16, TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF NEKIMI, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTH ¼ CORNER OF SAID SECTION 16; THENCE SOUTH 00°24’38” WEST, 1,320.72 FEET ALONG THE WEST LINE OF SAID NORTHEAST ¼ TO THE POINT OF BEGINNING; THENCE SOUTH 00°24’38” WEST, 1,320.72 FEET ALONG THE WEST LINE OF SAID NORTHEAST ¼; THENCE SOUTH 89°23’00” EAST, 1,265.24 FEET ALONG THE SOUTH LINE OF SAID NORTHEAST ¼; THENCE NORTH 35°36’54” EAST, 593.06 FEET ALONG THE EASTERLY RIGHT-OF- WAY LINE OF STATE HIGHWAY “26”; THENCE NORTH 64°27’40” WEST, 66.02 FEET; THENCE NORTH 35°36’54” EAST, 986.90 FEET ALONG THE CENTERLINE OF STATE HIGHWAY “26”; THENCE NORTH 89°25’13” WEST, 2,116.32 FEET ALONG THE NORTH LINE OF SAID SOUTHEAST ¼ OF THE NORTHEAST ¼ AND THE SOUTHWEST ¼ OF THE NORTHEAST ¼ TO THE POINT OF BEGINNING. SAID AREA CONTAINS 2,221,098 SQUARE FEET OR 50.989 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 zoned C-2 General Commercial District. 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 #14-482 APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN OF NEKIMI / RHYNER VOLUNTARY ATTACHMENT; 3826 COUNTY ROAD N on October 28, 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. OCTOBER 14, 2014 OCTOBER 28, 2014 14-463 14-482 ORDINANCE FIRST READING SECOND READING 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: ALSO KNOWN AS 3826 COUNTY ROAD "N", PART OF THE SOUTHWEST '/4 OF THE NORTHEAST '/, AND PART OF THE SOUTHEAST '/OF THE NORTHEAST'/4, ALL IN SECTION 16, TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF NEKIMI, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTH '/4 CORNER OF SAID SECTION 16; THENCE SOUTH 00°24'38" WEST, 1,320.72 FEET ALONG THE WEST LINE OF SAID NORTHEAST '/4 TO THE POINT OF BEGINNING; THENCE SOUTH 00°24'38" WEST, 1,320.72 FEET ALONG THE WEST LINE OF SAID NORTHEAST '/; THENCE SOUTH 89°23'00" EAST, 1,265.24 FEET ALONG THE SOUTH LINE OF SAID NORTHEAST '/4; THENCE NORTH 35°36'S4" EAST, 593.06 FEET ALONG THE EASTERLY RIGHT-OF- WAY LINE OF STATE HIGHWAY"26"; THENCE NORTH 64°27'40"WEST, 66.02 FEET; THENCE NORTH 35°36'54" EAST, 986.90 FEET ALONG THE CENTERLINE OF STATE HIGHWAY"26";THENCE NORTH 89°25'13"WEST, 2,116.32 FEETALONG THE NORTH LINE OF SAID SOUTHEAST '/4 OF THE NORTHEAST'/4 AND THE SOUTHWEST'/4 OF THE NORTHEAST '/ TO THE POINT OF BEGINNING. SAID AREA CONTAINS 2,221,098 SQUARE FEET OR 50.989 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 zoned C-2 General Commercial District. 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 #14-482 APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN OF NEKIMI/RHYNER VOLUNTARY ATTACHMENT; 3826 COUNTY ROAD N on October 28, 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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The property is mostly undeveloped with exception of a single-family dweiling and 3.8 acre pond. The remainder of the land is 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 befinreen the City and the Town of Nekimi, which has been fully implemented with a Cooperative Plan approved by the State of Wisconsin. The subject site is located within the City Expansion Area defined in the Boundary Agreement. The agreement provides for attachments only through unanimous consent of the property owners. ANALYSIS The attachment request is to enable the property owners to split off the homestead from the remainder of the property which will eventually be marketed for development. Provisions in the Cooperative Plan require land divisions in the City Growth Area to be immediately attached to the City if the lands are adjacent to the current City limits. 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 Planeview Drive and S.T.H. 26. The western "40" acre parcel is located outside of the Oshkosh Sewer Service Area (SSA), therefore prior to extension of sanitary sewer, the SSA map needs to be amended. The property is proposed to be attached with a C-2 General Commercial District zoning designation which is consistent with the overall Comprehensive Plan's recommended land use for the area. FISCAL IMPACT No formal development plans have been submitted nor have requests for utility extensions been received at this time. It is anticipated in the near future current or new property owners will approach the City with plans for development. Once developed, assessed land and improvement values will increase significantly. In its current state, this attachment will add approximately$170,100 in assessed land and improvement value to the City's tax roll. RECOMMENDATION It appears that the Rhyner Voluntary Attachment is in the best interest of the City and I recommend approval as requested. Approved, ��--- Ci Manager Rhyner Attachment Petition . REOUEST FOR UNANIMOUS VOLUNTARY ATTACHIVIENT PETITION TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH,WINNEBAGO COUNTY,WISCONSIN: WHEREAS, the City of Oshkosh and Town of Nekimi have adopted a Cooperative Plan as set forth in s. 66.0307, Wis. Stats., approved by the Wisconsin Deparlment of Administration, that identifies areas within ihe Town of Neldmi as expansion areas for the City of Oshkosh; WHEREAS, the undersigned represent all of the o�vners of the territory to be attached to the Citv �f Oshkosh from the To��vn of Neicimi; `Ni�REAS, the proposed territory to be attached is located within the designated City Growth Area of the Town of Neldmi to the City of Oshkosh; WI�REAS, the current population of the territory to be attached as defined by Sec. 66.0201(2)(dm) of the Wisconsin Statutes is 3 (Three) � NOW, Ti�REFORE, THIS PETITION IS HEREBY Mt�DE for unanimous voluntary attachxnent, pursuant to the provisions of the approved Cooperative Plan between the City of Oshkosh and the Town of Neldmi, for attachment to the City of Oshkosh, Wisconsin, from the Town of Neldmi, Winneba.go County, Wisconsin, of the real estate hereinafter described as follows: itHYNER ATTACHMENT ALSO KNOWN AS 3826 COUNTY ROAD"N",PART OF THE SOUTHWEST lh OF THE NORTHEAST'/,, AND PART OF TI�SOUTf�AST'/.OF THE NORTI�AST'/,,ALL IN SECTION 16,TOWNSIiIP 17 NORTH, RANGE 16 EAST,TOWN OF NEKIlVII,WINNEBAGO COUNTY,WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: COMN�NCING FROM THE NpRTH 1/.CORNER OF SAID SECTION 16; THENCE SOUTH 00°24'38"WEST, 1,320.72 FEET ALONCr TI�WES'T.LINE OF SAID NORTT�AST'/,TO TT�POINT OF BEGINNINCr.'1�NCE SOUTH Ob°24'38"WEST, 1,320.72 FEET ALONG THE WEST LINE OF SAID NORTHEAST'/:,TI-�NCE SOUTH 89°23'00"EAST, 1,265.24 FEET ALONG T�SOtTTH LINE OF SAID IVORTHEAST'/+;TI-�ENCE NORTH 35°36'S4"EAST, 593.06 FEET ALONG THE EASTERLY RIGHT-OF-WAY' LINE OF STATE HIGHWAY"26";THENCE NORTH 64°2T40"WEST,66.02 FEET;THENCE NORTH 35°36'S4" EAST,986.90 FEET ALONG TI�CENTERLINE OF STATE HIGHWAY"26";THENCE NORTH 89°25'13" WEST,2,11632 FEET ALONGTHE NORTH LINE OF SAID SOUTHEAST 1/,OF Ti�NORTHEAST'/,AND THE �OUTHWEST'/,OF THE NORTHEAST 1/<TO THE POINT OF BEGINNING. SAID AREA CONTAINS 2,221,098 SQUARE FEET OR 50.989 ACRES,MORE OR LESS. That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be attached and its relation to the�unicipalities involved. QUALIFICATION DATE (elector and/or NAME POST OFFICE ADDRESS SIGNED ro e owner) (�u� �� 26 County Road N 9-3a-�c� Owner Chris C. Rhyner Oshkosh,WI 54904 �-'-�-( 3826 County Road N � �-3p-IL{ � Ownet . Nancy A Rhyner Oshkosh;WI 54904 . ' � RECEI�'ED OCT 0 3 2014 . C[Tl'CLERK'S OFF[CE � i PETITION FOR TEMPORARY ZONING CLASSIFICATION � TO'TI�COMMON COUNCIL OF TI�CITY OF OSHKOS�: WHEREAS the undersigned are electors and/or property owners in the area being sought to be �nached to the City of Oshkosh, said area being more particularly described in a certain petition for unanimous attac�nent to the City of Oshkosh, Rhvner Attachmer��. auu, WI-�'1tEAS it is acknowledged by the undersigned that submitting of this petition does not in sny 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, TI�_RF.FORE, 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: G2, General Commercial District Qualification (elector andlor NAME POST OFFICE ADDRESS DATE SIGNED ro e owner � �l 3$26 County Road N /� — 7— � � Owner Chris C. Rhyner Oshkosh, WI 54904 �a'`'� 3 826 County Road N 10-`i-!`-f Owner Nancy A Rhyner Oshkosh,WI 54904 . ��,�� _` o�j �_,�\�,�� Ir�eC 0��,� � I F�x Q FFI �F � 44 41 �tIRPL-E�AV d�IP L-E,AV �O �� Q Q' � a 4 �� 4 � COUNiV SK°r�if N 0 a ¢ � 4 ��°�•� EKdMI•A�! EKJMI�1u N � 41 26 D X�L-E � f�� , r � �� N � � ��i� � n� ��,. � ��"�i�� "�� ;�� , 1 in=0.38 mi '� � �� -� �� '� �' � � 1 in=2,000 ft � �-�� .E �;��K�:" The City of Oshkosh creates and maintains GIS maps antl data for its own use. They may show the approximate rela6ve loca6on of property, boundaries and other feature from a variety of sources. printing Date: 10/2/2014 01HKOlH These map(s)/datasets 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 oN TME W^T�n warranties of any kind and the City of Oshkosh assumes no liability for use w misuse. Prepared by: City of Oshkosh,WI J:'�.GISIGIS_Base_Maps,Planning Base Map.mxd Usec andreas 3