HomeMy WebLinkAbout23. 15-114 MARCH 10, 2015 15-114 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN�
PURPOSE: APPROVE REQUEST TO ANNEX TO CITY FROM TOWN OF
OSHKOSH; STORM WATER UTILITY ANNEXATION #1
FRONTING ON JACKSON STREET AND NORTH MAIN STREET
NORTH OF BACON STREET
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 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 finrenty (120) days have lapsed since the
filing of the annexation petition; and
MARCH 10, 2015 15-114 ORDINANCE
CONTD
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
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 R-1 Single-Family Residence District
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:
BEING PART OF THE SOUTHWEST '/4 OF THE NORTHWEST '/4 OF SECTION 12,
TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF OSHKOSH, WINNEBAGO
COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST '/4 CORNER OF SAID SECTION 12, TOWNSHIP 18
NORTH, RANGE 16 EAST; THENCE NORTH 01°13'01" WEST, 165.29 FEET ALONG
THE WEST LINE OF THE NORTHWEST '/ OF SAID SECTION 12; THENCE NORTH
89°08'50" EAST, 1,276.07 FEET ALONG THE SOUTH LINES OF LANDS DESCRIBED
IN DOCUMENT NUMBERS 1015453 AND 1446367, WINNEBAGO COUNTY
REGISTER OF DEEDS TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF N.
MAIN STREET; THENCE SOUTH 00°55'46" EAST, 165.00 FEET ALONG SAID WEST
LINE TO A POINT ON THE SOUTH LINE OF THE NORTHWEST '/4 OF SAID
SECTION 12; THENCE SOUTH 89°08'03" WEST, 1,275.24 FEET ALONG SAID
SOUTH LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 210,658
SQUARE FEET OR 4.836 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
MARCH 10, 2015 15-114 ORDINANCE
CONTD
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 R-1
Single-Family Residence District.
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 #15-XXX APPROVE REQUEST TO ANNEX TO CITY FROM
TOWN OF OSHKOSH; STORM WATER UTILITY ANNEXATION #1 FRONTING ON
JACKSON STREET AND NORTH MAIN STREET NORTH OF BACON STREET on
MARCH 24, 2015. The ordinance annexes property north of Bacon Avenue to the City
from 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.
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on n�e war�
TO: Honorable Mayor and Members of the Common Council
FROM: Jeffrey Nau /�
Associate Planner
DATE: March 4, 2015
RE: Approve Request to Annex to City from Town of Oshkosh; Storm Water Utility
Annexation #1 Fronting on Jackson Street and North Main Street North of Bacon
Avenue (Plan Commission Recommends Approval)
BACKGROUND
The City of Oshkosh requests approval of the Storm Water Utility Annexation #1 of approximately
4.836 acres of City-owned land located in the Town of Oshkosh, between the 2400 blocks of Jackson
Street and N. Main Street. The property is undeveloped; formerly being used agriculturally and has
Town of Oshkosh zoning designations of M-1 Light Industrial and R-1 Residential (Non-subdivided)
Districts. The surrounding area has a mix of uses including low density residential to the south, multi-
family residential to the north, agricultural to the east and commercial to the west. The
Comprehensive Plan designates this area as appropriate for commercial and residential uses.
ANALYSIS
The City requests approval of the Storm Water Utility Annexation #1 with an R-1 Single-Family
Residence District zoning classification to match the existing R-1 City zone district to the south and to
be consistent with the Comprehensive Plan's land use recommendation. The purpose of the
annexation is to allow the City to construct a regional storm water detention basin to provide flood
relief to properties located in the Libbey Avenue and Nicolet Court watersheds. The proposed basin
is one of two planned in the area; the second to be located a few hundred feet north which is the
Storm Water Utility Annexation #2 request. Design and engineering will take place in 2015 followed
by construction in 2016. The Department of Public Works has reviewed the request and reported that
the site will not require City sanitary sewer or water service; only eventual connections to existing
storm sewer infrastructure. The 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. Due to the property remaining under ownership of the City for the
foreseeable future, no additional value will be added to the City's tax roll. Design of the basin was
included in the 2015 Capital Improvements Program with construction following in 2016. Design and
construction will be funded by the Storm Water Utility.
RECOMMENDATION
The Storm Water Utility Annexation #1 is in the best interest of the City and I recommend approval, as
requested.
Approved,
�R?r��� ,�'�o dr���.�r+�������.�y
y Manager r`��
ITEM: STORM WATER UTILITY ANNEXATION #1
Plan Commission meeting of March 3, 2015
GENERAL INFORMATION
Petitioner/Property Owner: City Administration
Action(s) Requested:
The petitioner is proposing direct annexation(by unanimous approval) of approximately 4.836 acres of
land currently located in the Town of Oshkosh.
Applicable Ordinance Provisions:
Requirements concerning annexations 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:
In 2012, the City of Oshkosh purchased two tracts of land; the subject 4.836 acre site and an additional
6.733 acres approximately 330 feet to the north, both located in the Town of Oshkosh. Both sites are
proposed to be developed for regional storm water detention purposes. The subject site is located
between the 2400 Blocks of Jackson Street and North Main Street (1,275 feet x 165 feet), and
surrounded by the city with exception of a town connection at the northwest corner of the property.
The property is undeveloped; formerly used agriculturally on the eastern portion and has split Town of
Oshkosh zoning designations of M-1 Light Industrial District on the eastern half and R-1 Residential
District(Non-subdivided) on the western half. The surrounding area has a mix of uses including low
density residential to the south, multi-family residential to the north, agricultural to the east and
commercial to the west.
Sub'ect Site
' Existin �and Use Zonin
M-1, Light Industrial&R-1,
Residential District(Non-
VacantlUndeveloped subdivided)(Town of Oshkosh)
Ad'acent Land Use and Zonin
Existin Uses ' ' ' Zonin
North Residential R-3 &R-3PD(City)
_..........................................................................................................................................................._...................................................._................................................._._......................_.........__..............................___......._....._......_...... .
South Commercial &Residential C-1, R-1 &R-2 (City)
_.._..................................__...._.....................................................................................................................................__......................_..._...................................................._....................................................... . ..
East Undeveloped/A�ricultural M-2 (City)
C-2 (City),R-1 Residential District
(Non-subdivided)(Town of
West Commercial&Residential Oshkosh)
Com rehensive Plan
Land Ilse Recommendation ' �and Use
10 Year Recommendation Commercial &Residential
20 Year Recommendation Commercial &Residential
ANALYSIS
The City is requesting approval of the Storm Water Utility Annexation#1 (by unanimous approval) of
approximately 4.836 acres of land located in the Town of Oshkosh. The City requests the property be
annexed with an R-1 Single Family Residence District zoning classification to match the R-1 Zoning
District to the south and to be consistent with the Comprehensive Land Use Plan.
The purpose of the annexation is to allow the City to construct a regional storm water detention basin
to provide flooding relief to properties located in the Libbey Avenue and Nicolet Court watersheds.
The proposed basin is one of two planned in the area; the second to be located a few hundred feet north
which is the Storm Water Utility Annexation#2 request. Design and engineering will take place in
2015 followed by construction in 2016.
The Comprehensive Plan designates this area as appropriate for residential and commercial uses. The
proposed basin development is consistent with the Comprehensive Plan's recommendation as it will be
an addition of City infrastructure to provide flooding relief to properties located in the aforementioned
watersheds. Municipal structures are conditional uses within R-1 Districts; therefore, the City will
need Conditional Use Permit approval from the Common Council prior to construction of the proposed
basin.
The Department of Public Works has reviewed the request and reported that the site will not require
City sanitary sewer or water service, only eventual connections to existing storm sewer infrastructure.
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 this is part of the City's continued efforts to provide
storm water flooding relief to high flood risk areas of the City.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the Storm Water Utility Annexation#1 with temporary and permanent
zoning of R-1 Single Family Residence District as requested.
The Plan Commission approved of the Storm Water Utility Annexation#1 with temporary and
permanent zoning of R-1 Single Family Residence District 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 this area. He explained the reasoning for the annexation requests which
would be for storm water detention purposes. He reviewed both sites proposed to be annexed and
stated that the detention basins are to be engineered/designed in 2015 and constructed in 2016 and will
require a conditional use permit approval. The Oshkosh Police Department and Fire Department have
reviewed these proposed annexations and do not have any concerns with providing services to this
area.
Mr. Borsuk questioned what zoning designations were on the adjacent properties.
Mr. Nau responded that there were C-1 Neighborhood Business District, R-2 Two Family Residence
District, and R-1 Single Family Residence District zoning to the south of this parcel, R-3 Multiple
Dwelling District to the north, M-2 Central Industrial District to the east, and R-1 and C-2 General
Commercial District to the west. He explained that the City's Comprehensive Plan was used to
ITEM-SW Uti[ity Annzxation#1 2
determine the zoning designation for this parcel and it is anticipated that when the new Zoning
Ordinance was adopted, this zoning classification would change to institutional.
Mr. Thoms inquired about the status of the buildings on the site.
Mr. Nau responded that the buildings had already been removed.
Mr. Gray questioned how big the proposed detention basin would be on this site and if the existing
large trees would be removed or retained.
Steve Gohde, Assistant Director of Public Works, responded that these details have not yet been
considered but that they would have to remove most of the trees to create the necessary channel for the
basin although they may maintain some of the trees along the street for screening purposes.
Mr. Gray commented that he would like to see landscaping on the site.
Mr. Gohde replied that they cannot screen the site completely as this would not be practical as the
detention areas need to function properly.
Mr. Nau commented that the detention basins are not part of the review at this time as the requests are
for the annexation of the land only.
Mr. Borsuk stated that he would like to discuss the proposed zoning classification of R-1 Single
Family Residence District for this site as he did not agree that it was the appropriate designation. He
felt it should be zoned R-3 Multiple Dwelling District rather than the R-1 classification.
Mr. Buck indicated that the R-3 zoning classification would still require a conditional use permit as
would the R-1 designation and the R-1 designation was consistent with the zoning classification of the
adjacent property to the south.
Mr. Thoms commented that the parcel was abutting other R-1 zoned parcels to the south so the zoning
designation of R-1 seemed correct as it would be transitioning from south to north.
Mr. Borsuk stated that he had concerns with the transitional yard setbacks burden which may become
an issue with the R-1 zoning designation.
Mr. Buck responded that even if this property possessed the R-1 zoning classification,the property to
the north is R-3 and already developed or under development at the current time and as far as function,
there would be no difference between the R-1 and R-3 zoning classifications for this site.
Peggy Rand, 210 Bacon Avenue, questioned how close the detention basin would be located to the
property line.
Mr. Gohde replied that they do not have final designs completed for the basins at this time however
this site would be a dry detention basin.
Motion by Gray to approve the Storm Water Utility Annexation #1 located between the 2400
blocks of Jackson Street and N. Main Street from the Town of Oshkosh.
Seconded by Propp. Motion carried 6-1. (Ayes-Thoms/Fojtik/Hinz/Cummings/Propp/Gray.
Nays-Borsuk.)
ITEM-SW Utility Annexation#1 3
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PETITION FOR DII2ECT ANNEXATION EY UNANIlVIOUS APPROVAL
TO TI-�COMMON COUNCIL OF THE CTTY OF OSHKOSH, WINNEBAGO COUNTY,WISCONSIN:
WHEREAS, the undersigned constituting all of the electors and all of the owners of real properly in the
territory proposed to be annexed;
NOW, TT�REFORE,PETITIOlV IS HEREBY MADE by�?n nimous 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 fihe 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, _
Wi.nneb.ago County,Wisconsin and is described as follows:
STORM WATER UTILITY ANNEXATION#1 � '�
BEING PART OF TI�SOUTHWEST 1/4 OF TF�NORTHWEST 1/4 OF SECTION 12, TOWNSHIl' 18 NORTH, ; j
RANGE 16 EAST,TOWN OF OSHKOSH,WINNEBAGO COUNTY,WISCONSIN BOUNDED AND DESCRIBED I
AS FOLLOWS:BEGINNING AT TF�WEST'/4 CORNER OF SAID SECTION 12,TOWNSHIl' 18 NORTH, I
RANGE 16 EAST;TI�NCE NORTH O1°13'O1"WEST, 165.29 FEET ALONG TF�WEST LINE OF THE i
NORT�-IWEST 1/4 OF SAID SECTION 12; TT�ENCE NORTH 89°08'S0"EAST, 1,276.07.FEET ALONG TI-�SOLTTH � �i
LINES OF LANDS DESCRIBED IN DOCUMENT NUMBERS 1015453 AND 1446367,WINNEBAGO COUNTY j I
-REGIS'I�R OF DEEDS TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF N.MAIN STREET; THENCE i ;
SOLJTH 00°55'46"EAST, 165:00 FEET ALONG SAID WEST LINE TO A POINT ON TI�SOUTH LINE OF TF� �
NORTHWEST 1/4 OF SAID SECTION 12; TT�NCE SOUTH 89°08'03"WEST, 1,275.24 FEET ALONG SAID i
SOUTH LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 210,658 SQUARE FEET OR 4.836
ACRES,MORE OR LESS. �
Tha.t atta.ched hereto is a scale map reasonably showing the boundaries of the following described tenitory to be i
annexed and its relation to the municipalities involved. �
�
. QUALIFICATION
DATE (elector and/or
NAME POST OFFICE ADDRESS SIGNED ro erty owner) ,
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Mark A. Rohloff �f S I
City Manager P.O. Box 1130 � _
City of Oshkosh, WI Oshkosh, WI 54903-1130 Authorized Agent �
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PETTITON FOR TEMPORARY AND PERTVIANENT ZONING CLASSIFICATION ; �
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TO TT�COMMON COUNCIL OF THE CITY OF OSHK,OSH: � '
- . ;
VJ��REAS the undersigned are electors and/or properly owners in the area being sought to � �
be ann.exed to the City of Oshkosh, said area being more particularly described in a certain petition
� for�inanimous annexation to the City of Oshkosh, !
Sto�Water Utility Ann.exation#1 . � . �
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;
WHEREAS it i.s acl�owledged by the undersigned tha.t 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, TT�REFORE, the undersigned petition the Common Council of the City of j i
Oshkosh that the ordinance annexing said territory include a provision temporarily designa.ting the � � �
classification for zoni.ng purposes, pursuant to Sec. 66.0217(8) of the Wisconsin Sta.tutes, until the � �
zoni.ng ordinance is amended as prescribed in Sec. 62.23('�(d) of the Wisconsin Statutes, as � i
follows: _ � ` i
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R-1 Single-Family Residence District ; I
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� . Qnalification i
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NAME - POST OFFICE ADDRESS DATE SIGNED ro erty owner) �
/�p�_���v��-� '
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Mark A.Rohloff � � '
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City Manager P.O.Box 1130 - ,
City of Oshkosh, WI Oshkosh, WI 54903-1130 Authorized Agent ' ''!
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ANNEXATION-SW UTILITY #1 RANDY/CHERYL HENN PEER 3 PROPERTIES LLC
2400 BLK JACKSON & N MAIN 216 BACON AVE 2346 N MAIN ST
PC: 03-03-15 OSHKOSH WI 54901-1802 OSHKOSH WI 54901-1934
ROSEANN BOUSHELE SETH I/ERIN D MURPHY JAMES WILLIAMS
214 BACON AVE 2402 JACKSON ST 2447 JACKSON ST
OSHKOSH WI 54901-1802 OSHKOSH WI 54901-1508 OSHKOSH WI 54901
KAREN BEERNTSEN PEGGY RAND DAVID C WISSINK
222 BACON AVE � , 210 BACON AVE 2353 GENEVA ST
OSHKOSH WI 54901-1802 OSHKOSH WI 54901-1802 OSHKOSH WI 54901-1803
GEORGE G TYSON LIFE ESTATE DEANNE BRENNAND MARK A SULLIVAN
2352 GENEVA ST 4539 COUNTY ROAD T 2354 COMET ST
OSHKOSH WI 54901-1804 OSHKOSH WI 54904-9568 OSHKOSH WI 54901-1958
ANN MARIE KNAUS BOBS RAIL REAL ESTATE LLC CAPITAL CREDIT UNION
2353 N MAIN ST 5711 GREEN VALLEY RD PO BOX 410
OSHKOSH WI 54901-1933 OSHKOSH WI 54904-9700 KIMBERLY WI 54136-0410
JACKSON SQUARE APARTMENTS THOMAS A WRIGHT/SHANNON KLINGER PROPERTIES INC
LP FINGER 1910 HARRISON ST
647 W �IRGINIA ST STE 200 19105 W CAPITO� DR STE 200 OSHKOSH WI 54901-2344
MILWAUKEE WI 53204-1535 BROOKFIELD WI 53045-2708
CITY OF OSHKOSH JEANNETTE MERTEN
215 CHURCH AV TOWN OF OSHKOSH CZERK
OSHKOSH WI 54901 1076 COZY LN
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. printing Date;2I16/2015 O.IHKfl1H
These map(sudatasets are provided for information purposes only and may not be sufficient or
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warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
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