HomeMy WebLinkAbout38. 15-155
MARCH 10, 2015 MARCH 24, 2015 15-113 15-155 ORDINANCE
FIRST READING SECOND READING
(CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM
TOWN OF NEKIMI / PLANEVIEW VOLUNTARY ATTACHMENT
INITIATED BY: DGB INVESTMENTS, LLC
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:
MARCH 10, 2015 MARCH 24, 2015 15-113 15-155 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:
PART OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 16,
TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF NEKIMI, WINNEBAGO
COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE EAST ¼ CORNER OF SAID SECTION 16; THENCE
NORTH 89°23’00” WEST, 603.09 FEET ALONG THE SOUTH LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 16; THENCE NORTH 04°22’38” EAST, 187.29
FEET ALONG A WESTERLY LINE OF CERTIFIED SURVEY MAP NUMBER 6520 TO
THE POINT OF BEGINNING; THENCE NORTH 54°20’30” WEST, 520.63 FEET;
THENCE SOUTH 64°27’40” EAST, 477.12 FEET ALONG A WESTERLY LINE OF
CERTIFIED SURVEY MAP NUMBER 6520; THENCE SOUTH 04°22’38” WEST, 98.09
FEET ALONG A WESTERLY LINE OF CERTIFIED SURVEY MAP NUMBER 6520 TO
THE POINT OF BEGINNING. SAID AREA CONTAINS 21,822 SQUARE FEET OR
0.501 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-1PD- 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 #15-155 APPROVE REQUEST TO ATTACH TO THE CITY FROM
TOWN OF NEKIMI / PLANEVIEW VOLUNTARY ATTACHMENT on March 24, 2015.
The ordinance attaches property to the City 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.
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TO: Honorable Mayor and Members of the Common Council
FROM: Jeffrey Nau �/
Associate Planner /%�
DATE: March 4, 2015
RE: Approve Request to Attach to City from Town of Nekimi; Planeview Voluntary Attachment
BACKGROUND
The petitioner is requesting approval of a voluntary attachment of 0.501 acres of land located north of 3790
Pickett Road in the Town of Nekimi. The western half of the triangular-shaped property contains a small portion
of off-street parking area used for overnight truck parking for Planeview Truck Stop while the eastern half is
undeveloped.
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 between 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
This attachment is being requested more or less to clean up an existing nonconforming issue with the off-street
parking area crossing over the existing lot line onto the parcel located in the town. Once attached, the owner of
the properties will be able to combine the lots into one, rectifying the nonconformity. Also, the petitioner
indicated he plans to further develop the site, however, no plans have been submitted to the City at this time.
City sanitary sewer and water main is available to the site off of Planeview Road so no further extensions are
required.
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 zoning to the north and the Comprehensive Plan's
recommended land use for the area. Once combined with the parcel to the north, the site will also be located in
the U.S. Highway 41 Corridor Overlay. This request has been reviewed by various City departments and no
issues or concerns have been expressed with the proposed attachment.
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 add approximately$5,000 in assessed value to the City's tax
roll based on County records.
RECOMMENDATION
The Planeview Voluntary Attachment is in the best interest of the City and I recommend approval, as requested.
Approved,
��� �� �����
City ager
Planeview Attachment Petition
REQUEST FOR UNANIMOUS VOLUNTARY ATTACHIVVI�NT PETITION
TO TI�COMMO,N COUNCIL OF TI�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 Administration,that identifies areas within the Town
of Nekimi as expansion areas for the City of Oshkosh;
VJHEREAS,the undersigned represent all of the owners of the territory to be attached to the City of Oshkosh
from the Town of Nekimi;
Wf-IEREAS,fhe proposed territory to be attached is located within the designated City Growth Area of the
Town of Nekimi to the City of Oshkosh;
WI�REAS,the current population of the temtory to be attached as defined by Sec. 66.0201(2)(dm) of the
Wisconsin Statutes is 0
NOW,TI�REFORE,THIS PETTTION IS HEREBY MADE for�in�nimous 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, VJinnebago County, Wisconsin, of the real estate
hereinafter described as follows:
PLANEV�W VOLUNTARY ATTACHMENT
PART OF TT� SOUTHEAST 1/4 OF THE NORTI�AST 1/4 OF SECTION 16, TOWNSHIP 17 NORTH,
R.ANGE 16 EAST, TOWN OF NEKIlVII, WINNEBAGO COLJNTY, WISCONSIN, BOLJNDED AND
DESCRIBED AS FOLLOWS:
COIVII��NCING FROM THE EAST 1/4 CORNER OF SAID SECTION 16; THENCE NORTH 89°23'00"
WEST, 603.09 FEET ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 16;
T'I�NCE NORTH 04°22'38"EAST, 187.29 FEET ALONG A WESTERLY LINE OF CERTIFIED SURVEY
MAP NUMBER 6520 TO THE POINT OF BEGINNIl�tG; THENCE NORTH 54°20'30" WEST, 520.63
FEET; THENCE SOUTH 64°27'40"EAST, 477.12 FEET ALONG A WESTERLY LINE OF CERTIFIED
SURVEI'MAP NUMBER 6520; THENCE SOUTH 04°22'38" WEST, 98.09 FEET A�.,ONG A WESTERLY
LINE OF CERTIFIED SURVEY MAP NUMBER 6520 TO THE POINT OF BEGINNING. SAID AREA
CONTAINS 21,822 SQUARE FEET OR 0.501 ACRES, MORE OR LESS.
That attached hereto is a scale map reasonably showing the boundaries of the following described temtory to be attached and its relation to the
municipalities involved.
. QUALIFICATION ,
DATE (elector andJor '
NAME POST OFFICE ADDRESS SIGNED ro e owner
' 22 % � I
/ y 3 �
��c����^r�?_ I i
Dirk Binnema P.O. Box 3867 -- '
DGB.Investrnents,LLC Oshkosh, WI 54903 �� ��n�r� CO�5 � I
I C[L 1� �E.,[��-1±! .-. 4_)i t :��_ `
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�-�
I
PETITION FOR TEMPORARY ZONING CLASSIFICATION
TO THE COMMON COUNCII.,OF TI�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,
Planeview Voluntary Attachment,
and,
VVHEREAS 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, TI�REFORE, 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
zoni.ng ordinance is amended as prescribed in 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)
2/2 �j/iS�
Dirk B ema P.O. Box 3867
DGB Investments, LLC Oshkosh, WI 54903 Owner �
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