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HomeMy WebLinkAbout35. 15-89 FEBRUARY 10, 2015 FEBRUARY 24, 2015 15-58 15-89 ORDINANCE FIRST READING SECOND READING (CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE REQUEST FROM FVTC FOUNDATION, INC TO ATTACH PROPERTY TO THE CITY FROM TOWN OF NEKIMI / FVTC FOUNDATION, INC VOLUNTARY ATTACHMENT; 4233 WAUPUN ROAD INITIATED BY: FVTC FOUNDATION, INC 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 M-1PD Light Industrial District with Planned Development Overlay; 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: FEBRUARY 10, 2015 FEBRUARY 24, 2015 15-58 15-89 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: BEING ALL OF THE SOUTHEAST '/4 OF THE NORTHWEST '/4 OF SECTION 10; TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF NEKIMI, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 10; THENCE NORTH 88°20'16" WEST, 1,316.23 FEET ALONG THE SOUTH LINE OF THE NORTHWEST '/4 OF SAID SECTION 10 TO THE SOUTHWEST CORNER OF THE SOUTHEAST '/4 OF THE NORTHWEST '/4 OF SAID SECTION 10; THENCE NORTH 00°42'24" EAST, 1,328.12 FEET ALONG THE WEST LINE OF THE SOUTHEAST '/4 OF THE NORTHWEST '/4 OF SAID SECTION 10 TO THE NORTHWEST CORNER OF THE SOUTHEAST '/4 OF THE NORTHWEST '/4 OF SAID SECTION 10; THENCE SOUTH 88°21'18" EAST, 1,313.32 FEET ALONG THE NORTH LINE OF THE SOUTHEAST '/ OF THE NORTHWEST '/ OF SAID SECTION 10 TO THE NORTHEAST CORNER OF THE SOUTHEAST '/ OF THE NORTHWEST '/4 OF SAID SECTION 10; THENCE SOUTH 00°34'S3" WEST, 1,328.57 FEET ALONG THE EAST LINE OF THE NORTHWEST '/4 OF SAID SECTION 10 TO THE POINT OF BEGINNING. SAID AREA CONTAINS 1,746,201 SQUARE FEET OR 40.087 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 M-1 PD Light Industrial District with Planned Development Overlay. 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 #15-89 APPROVE REQUEST FROM FVTC FOUNDATION, INC TO ATTACH PROPERTY TO THE CITY FROM TOWN OF NEKIMI / FVTC FOUNDATION, INC VOLUNTARY ATTACHMENT; 4233 WAUPUN ROAD on February 24, 2015. The ordinance attaches property to the City of Oshkosh from the Town of Nekimi. 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. a Z c� � < O Z \m \co •.i� ��° ~ � v� � w� Z^ �I------�.='I vwir� z �¢O Z� _ W �nwv p o �o i;;l o 0 0 � � 3 in�n ' i �3 \ti ��j `-� e�1 ". \U =!1 F=-� ZN WN �'�i � �'�I ZN v �QZ N �! m .r Q Z�O �� L � (j F' r~v - - - - i`" � �o — — — — — — — — — I — J � Q o z a I � � ��Z � �+- � Q=? I Q F33 � . 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N N \U Z ` W fW/1 I Z 0 O1HKOlH oN n�e wnha TO: Honorable Mayor and Members of the Common Council FROM: Jeffrey Nau �� Associate Planner�� ` DATE: February 4, 2015 RE: Approve Request from Town of Nekimi to Attach to the City/ FVTC Voluntary Attachment; 4233 Waupun Road BACKGROUND The petitioner is requesting approval of a voluntary attachment of 40.087 acres of land located at 4233 Waupun Road. The majority of the property is used agriculturally with exception of an uninhabitable single-family farmstead and accessory agricultural buildings. 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 agreement provides for attachments only through unanimous consent of the property owners. ANALYSIS . Fox Valley Technical College (FVTC) recently purchased the subject property from Oshkosh Youth Baseball, Inc. The State of Wisconsin requested FVTC prepare a Certified Survey Map for the subject prope�ty as part of their purchase of the property. Stipulations in the Cooperative Plan between the City of Oshkosh and Town of Nekimi require properties recording a Certified Survey Map located within the approved City's Undetermined Expansion Area and adjacent to the current City boundary be immediately attached to the City. Plans for the subject property are for development of a secondary education facility. No specific timeline was given by the property owner for development. Extensions of city sanitary sewer and water will be necessary to fully service the subject site which will require sanitary sewer and water service planning and implementation. The property is proposed to be attached with an M-1 PD Light Industrial District zoning designation with a Planned Development Overlay which is consistent with the overall Comprehensive Plan's recommended land use for the area. Various City departments have reviewed the proposed attachment and some concerns have been expressed by the Department of Public Works with the ability to service the property in the near future. FISCAL IMPACT The attachment is being requested as part of the requirements mandated by the Cooperative Plan between the City and Town of Nekimi. This attachment will not add assessed value to the City's tax roll. However, the City will benefit from continued expansion of the Technical College's campus by attracting students from the region seeking higher education in technical disciplines which will strengthen the City's and region's workforce. RECOMMENDATION It appears that the FVTC Voluntary Attachment is in the best interest of the City and I recommend approval as requested. Approved, i l�"—�' City Manager � � { � � � � � i ,, / shkosh Cit Limit �� ,f?1P.P i� �31PPl�Y �� � � � � j . - ! 41 I w ` i� .� � .� U � o / � � � h � � %� ��i'� 7 3� : � / c�_ � � i ` i COUHTY ' N , I 26 I 1 � � a ° � g � o� � � � � � , "5�A �` t s�i"'.l...P:-E a S 7 � -v 5 2's �'�.:NS 3 Y 3 ^3 S. �r�`��4��z��t ea������°�.�.tt3�`� a £�,* ��a�°�2s J ��.,�� ��.r���`�G:'���1���r��!I'�1 F�r����'���� �'��:����„��1��1`��1��� N 1 in=0.19 mi �o� ,�� ";�'�,� �z3 >� � � �� � �"-"��'� ���9�`� � �`�t'�- � � t � � • � � � n ����, �' � k� �����'x`���� �,�.����r ����l���l��� t���������,���, �"�� 1 in=1,000 ft � �.,.�xir.a� �>e:�s� ,.����- ��a?�,.r�� .�>:�x�.. `�� �������.��, approximate relative Ioca6on of property, boundaries and other feature from a variery of sources. Printing Date:212/2015 O.IHKOlH These map(s)/datasets are provided for informa6on purposes only and may not be sut�cient or appropriate for legal, engineering, or surveying purposes. They ara provided "AS-IS" without oN n�e wnha warranties of any kind and the City of Oshkosh assumes no liabiliry for use or misuse. Prepared by:City of Oshkosh,WI J:1GISIGIS_Base_MapslPlanning Base Map.mxd User:andreas F.V.T.C.Attachment Petition ; REQUEST FOR UNANIMOUS VOLUNTARY ATTACgIMENT PETITION TO THE COMMON COUNCII., 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 Department of Admuustration,that identifies areas within the Town of Nekimi as expansion areas for the City of Oshkosh; WI�REAS,the undersigned represent all of the owners of the territory to be atfached to the City of Oshkosh from the Town of Nekimi; VWI-�REAS,the proposed territory to be attached is located within the designated City Growth Area of the Town of Nekimi to the City of Oshkosh; V�I�REAS, the current population of the territory to be attached as defined by Sec. 66.0201(2)(dm) of the Wisconsin Statutes is 0 (Zero) NOW,TI�REFORE,THIS PETITION IS HEREBY MADE for unaiumous voluntary attachment,pursuant to the provisions of the approved Cooperative Plan between the City of Oshkosh and the Town ofNekimi,for attachment to the City of Oshkosh,Wisconsin,from the Town of Nekimi,Winnebago County,Wisconsin,of the real estate hereinafter described as follows: F.V.T.C. VOLUNTARY ATTACHMENT BEING ALL OF THE SOUTHEAST'/4 OF THE NORTHWEST'/4 OF SECTION 10; TOWNSHIP 17 NORTH,RANGE 16 EAST, TOWN OF NEKIMI, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 10; THENCE NORTH 88°20'16"WEST, 1,316.23 FEET ALONG THE SOUTH LINE OF THE NORTHWEST'/4 OF SAID SECTION 10 TO THE SOUTHWEST CORNER OF THE SOUTHEAST'/4 OF THE NORTHWEST'/4 OF SAID SECTION 10; THENCE NORTH 00°42'24"EAST, 1,328.12 FEET ALONG THE WEST LINE OF TI�SOUTHEAST'/4 bF THE NORTHWEST'/4 OF SAID SECTION 10 TO'TI�NORTHWEST CORNER OF THE SOUTHEAST'/4 OF THE NORTHWEST'/4 OF SAID SECTION 10; THENCE SOUTH 88°21'18"EAST, 1,313.32 FEET ALONG THE NORTH LINE OF THE SOUTHEAST'/4 OF THE NORTHWEST'/4 OF SAID SECTION 10 TO'THE NORTHEAST CORNER OF THE SOUTHEAST'/4 OF THE. NORTHWEST '/4 OF SAID SECTION 10; THENCE SOUTH 00°34'S3"WEST, 1,328.57 FEET ALONG THE EAST LINE OF THE NORTHWEST '/4 OF SAID SECTION 10 TO THE POINT OF BEGINNING. SAID AREA CONTAINS 1,746,201 SQUARE FEET OR 40.087 ACRES, MORE OR LESS. That attached hereto is a scale map reasonably showing the boundaries of the following described tenitory to be attached and its relation to the municipalities involved. QUALIFICATION DATE (elector and/or NAME POST OFFICE ADDRESS SIGNED ro erty owner � Mary Downs P.O. Box 2277 �I ' Executive Dire or, FVTC, Inc. A leton, WI 54912-2277 � r'� Authorized Agent �---�-� `;°`"�;'�,;�- I -- . j: '�-' t .. ' ' _- . �•;���`::��—`=� ��' 1 � �� — �� n n r' c I E 'I r�ri fF � �U,�� � I _ � ' -' . I � :��� 's — _.�-ti,�;<�.�i ! ` `�`" �-� �s^ PETITION FOR TEMPORAI2Y ZONING CL�SSIFICATION TO THE CONIMON 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 attachment to the City of Oshkosh, F.V.T.C. 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 provi�sion 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 i.n Sec. 62.23(7)(d) of the Wisconsin Statutes, as follows: M-1PD,Light Industrial District with Planned Development Overlay Qualification (elector and/or NAME POST OFFICE ADDRESS DATE SIGNED ro erty owner) �� � �� M Downs P.O. Box 2277 � �Y Executive Director, FVTC, Inc. Appleton, WI 54912-2277 Authorized Agent