HomeMy WebLinkAbout40. 15-157
MARCH 10, 2015 MARCH 24, 2015 15-115 15-157 ORDINANCE
FIRST READING SECOND READING
(CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE REQUEST TO ANNEX TO CITY FROM TOWN OF
OSHKOSH; STORM WATER UTILITY ANNEXATION #2
FRONTING ON NORTH MAIN 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 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
MARCH 10, 2015 MARCH 24, 2015 15-115 15-157 ORDINANCE
FIRST READING SECOND READING CONTD
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 M-1 Light Industrial 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 '/ OF SECTION 12,
TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF OSHKOSH, WINNEBAGO
COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE WEST '/4 CORNER OF SAID SECTION 12, TOWNSHIP
18 NORTH, RANGE 16 EAST; THENCE NORTH 89°08'03" EAST, 1,275.24 EAST
ALONG THE SOUTH LINE OF THE NORTHWEST '/4 OF SECTION 12, TOWNSHIP 18
NORTH, RANGE 16 EAST TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF N.
MAIN STREET; THENCE NORTH 00°55'46" WEST, 495.15 FEET ALONG SAID WEST
LINE TO THE POINT OF BEGINNING; THENCE SOUTH 89°09'17" WEST, 887.45
FEET ALONG THE NORTH LINES OF LANDS DESCRIBED DOCUMENT NUMBERS
1446367 AND 1015453, WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE
NORTH 01°11'04" WEST, 330.33 FEET TO A POINT ON THE SOUTH LINE OF
CERTIFIED SURVEY MAP NUMBER 2673 WINNEBAGO COUNTY REGISTER OF
DEEDS; THENCE NORTH 89°09'57" EAST, 888.92 FEET ALONG SAID SOUTH LINE
TO A POINT ON THE WEST RIGHT-OF-WAY OF N. MAIN STREET; THENCE SOUTH
00°55'46" EAST, 330.15 FEET ALONG SAID WEST LINE TO THE POINT OF
BEGINNING. SAID AREA CONTAINS 293,311 SQUARE FEET OR 6.733 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.
MARCH 10, 2015 MARCH 24, 2015 15-115 15-157 ORDINANCE
FIRST READING SECOND READING CONTD
SECTION 4. Said property hereinabove described is hereby temporarily zoned
M-1 Light Industrial 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 #2 FRONTING ON
NORTH MAIN STREET on MARCH 24, 2015. The ordinance annexes property on
North Main Street, north of Bacon Avenue, 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.
0
O.IHKOlH
oN n�e warea
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 #2 Fronting on North Main Street (Plan Commission Recommends
Approval)
BACKGROUND
The City of Oshkosh requests approval of the Storm Water Utility Annexation #2 of approximately
6.733 acres of City-owned land located in the Town of Oshkosh, between the 2500 blocks of Jackson
Street and N. Main Street. The property is undeveloped; formerly used as a tree nursery and has
Town of Oshkosh zoning designations of A-2 General Farming and B-3 General Business Districts.
The surrounding area is comprised of industrial/commercial and residential uses to the north,
commercial and residential uses to the west, industrial and residential uses to the south, and
agricultural use to the east. The Comprehensive Plan designates this area as appropriate for
industrial uses.
ANALYSIS
The City requests approval of the Storm Water Utility Annexation #2 with an M-1 Light Industrial
District zoning classification to be consistent with the industrial use to the north and 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 south which is the Storm Water Utility Annexation #1
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 #2 is in the best interest of the City and I recommend approval, as
requested.
Approved,
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Y 9
ITEM: STORM WATER UTILITY ANNEXATION#2
Plan Commisison 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 6.733 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:
The City of Oshkosh requests approval of the Storm Water Utility Annexation#2 of approximately
6.733 acres of city-owned land located in the Town of Oshkosh, west of N. Main St, south of W.
Packer Ave, and east of Jackson St. The subject site consists of vacant land that is part of two
residential lots and has a Town of Oshkosh zoning designation of A-2 General Farming District and a
portion zoned B-3 General Business District. The surrounding area is comprised of
industrial/commercial and residential uses to the north, commercial and residential uses to the west,
industrial and residential uses to the south, and an agricultural use to the east.
Sub'ect Site
Existin Land Ilse Zanin i
Undevelo ed A-2 and B-3 (Town of Oshkosh)
Ad'acent Land Use and Zonin
Existin Uses Zonin
M-2 (City)and A-2 (Town of
North Industrial and Residential Oshkosh)
_..... ....................... ........................................................................................................................................................................
South Industrial and Residential R-3 (City), R-3PD(City)
_.............._..........._....................................................................................................................................................................._........_....................................................._.................._....................................._........___.....
East Agricultural M-2 (City)
West Residential A-2 and B-3 (Town of Oshkosh)
Com rehensive Plan
Land Use Recommendatian Land Use
10 Year Recommendation Industrial
20 Year Recommendation Industrial
ANALYSIS
The City requests approval of the Storm Water Utility#2 Annexation(by unanimous approval) of
approximately 6.733 acres of land located in the Town of Oshkosh. The City requests the property be
annexed with an M-1 Light Industrial District zoning classification which is consistent with the
Comprehensive Land Use Plan for the area.
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 south
which is the Storm Water Utility Annexation#1 request. Design and engineering will take place in
2015 followed by construction in 2016.
The Comprehensive Plan designates this area as appropriate for industrial 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 the M-1 District; therefore, the City will need
Conditional Use Permit approval from 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.
REC OMMENDATION/CONDITIONS
Staff recommends approval of the Storm Water Utility Annexation#2 with temporary and permanent
zoning of M-1 Light Industrial District as requested.
The Plan Commission approved of the Storm Water Utility Annexation#2 with temporary and
permanent zoning of M-1 Light Industrial District as requested. The following is the Plan
Commission's discussion on this item.
Mr. Nau presented the item and stated that the land was purchased in 2012 and the Comprehensive
Plan has industrial as the recommended land use for this area therefore the M-1 Light Industrial
District zoning classification for this site is being requested as such. He reviewed the site and
surrounding area as well as the land use and zoning classifications in this area.
Mr. Thoms questioned if the M-1 zoning classification would require a conditional use permit for the
approval of the detention basin plans for this site.
Mr. Buck responded that the M-1 zoning designation will require a conditional use permit approval for
this use.
Mr. Gray inquired if this detention basin was planned to be a wet or dry basin.
Mr. Nau responded that it was planned to be a wet detention basin.
Mr. Cummings questioned if any of the trees on the site from the previous nursery use would be able to
be relocated.
Mr. Gohde responded that this has not been researched at this time but he could have the City Forester
review the situation to see if it would be feasible.
Mr. Hinz inquired if it is anticipated that the new Zoning Ordinance would also change this site to an
ITEM-SW UtilityAnnexatron#2 2
institutional zoning designation as well.
Mr. Nau responded affirmatively.
Mr. Borsuk commented that any municipal projects were subject to review by the Plan Commission
regardless of the zoning classification.
Mr. Buck indicated that the State Statutes that require Plan Commission review are not for all
municipal projects but for construction of new municipal buildings only.
Mr. Borsuk stated that this should be taken into consideration with the Zoning Ordinance update.
Motion by Propp to approve the Storm Water Utility Annexation #2 located in the 2500 block
of N. Main Street, south of W. Packer Avenue and east of Jackson Street from the Town of
Oshkosh.
Seconded by Cummings. Motion carried 7-0.
ITEM-SW UtiliryAnnexation#2 3
PETITION FOR DIl2ECT ANNEXATION BY UNA:�TIlVIOUS APPROVAL
TO TI�COMMON COUNCIL OF TI�CITY OF OSHKOSH,WINNEBAGO COUNri'Y,WISCONSIN:
WF-IEREAS, the undersigned constituting all of the electors and all of the owners of real property in the
temtory proposed to be annexed; �
NOW, THEREFORE,PETITTON IS HEREBY MADE by unanimous 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, Wisconsi_n,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 temtory 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:
STORM WATER UTILITY ANNEXATION#2
BEING PART OF THE SOUTHWEST 1/4 OF TI�NORTHWEST 1/4 OF SECTION 12,TOWNSHIl' 18 NORTH,
RANGE 16 EAST,TOWN OF OSHKOSH,WIl�INEBAGO COUNTY,WISCONSIN BOUNDED AND DESCRIBED
AS FOLLOWS: COMI��NCING FROM'TI�WEST 1/4 CORNER OF SAID SECTION 12, TOWNSHIP 18 NORTH,
RANGE 16 EAST;THENCE NORTH 89°08'03"EAST, 1,275.24 EAST ALONG TI-�SOUTH LINE OF TI�
NORTHWEST 1/4 OF SECTION 12,TOWNSHIP 18 NORTH,RANGE 16 EAST TO A POINT ON TI�WEST . �
RIGHT-OF-WAY LINE OF N.MAIN STREET; TI�NCE NORT'H 00°55'46"WEST,495.15 FEET ALONG SAID
WEST LINE TO'I'F�POINT OF BEGINNING; TF�NCE SOUTH 89°09'17"WEST, 887.45 FEET ALONG THE
NORTH LINES OF LANDS DESCRIBED DOCIJMENT N[TMBERS 1446367 AND 1015453,WINNEBAGO
COUNTY REGISTER OF DEEDS;THENCE NORTH O1°11'04"WEST,330.33 FEET TO A POINT ON TF�
SOUTH LINE OF CERTIF'IED SURVEY MAP NUMBER 2673 WINNEBAGO COUNTY REGISTER OF DEEDS;
TT�NCE NORT'H 89°09'S7"EAST, 888.92 FEET ALONG SAID SOUTH LINE TO A PO]NT ON'TI�WEST
RIGHT-OF-WAY OF N.MAIN STREET; TF�NCE SOUTH 00°55'46"EAST,330.15 FEET ALONG SAID WEST
LINE TO TT3E POINT OF BEGINNING. SA1D AREA CONTAINS 293,311 SQ.UARE FEET OR 6.733 ACRES,
MORE OR LESS.
That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be
annexed an.d its relation to the municipalities involved.
QUALIFICATION
DATE (elector and/or
NAME POST OFFICE ADDRESS SIGNED roperty owner)
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T--e.b f�� _
Mark A. Rohloff . , ;Zo r 5 '�
City Manager P.O. Box 1130 �
City of Oshkosh, WI Oshkosh, WI 54903-1130 Authorized Agen�'�
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PETITTON FOR TEMPORARY AND PERMANENT ZONING CLASSIFICATION
TO THE COMMON COUNCIL OF THE CTTY OF OSHKOSH: �
WHEREAS the undersigned are electors and/or properiy owners in the area being sought to
be annexed to the City of Oshkosh, said area.being more particuiarly described in a certai.n petition
for unani.mous annexation to the City of Oshkosh,
Storm Water Utility Annexation#2
and,
WHEREAS it is acknowledged by the undersigned tha.t the submitting of this petition does
not in any matter attempt to make sa.id 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
Oshkosh that the ordinance annexing said territory include a provision temporarily designating the
classification for zoni.ng purposes, pursuant to Sec. 66.0217(8) of the Wisconsin Statutes, until the
zoning ordinan.ce is amended as prescribed in Sec. 62.23('�(d) of the Wisconsin Statutes, as
follows: �
l
� M-1 Light Industrial District �
_ �
Qualification
(elector andlor
NA11� POST OFFICE ADDRESS DATE SIGNED ro e owner) �
�
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Mazk A. Rohloff �� �3 f
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City Manager P.O. Box 1130 zo��
City of Oshkosh, WI Oshkosh, WI 54903-1130 Authorized Agent
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ANNEXATION-SW UTILITY #2 THOMAS A WRIGHT/SHANNON JOHN ZELLMER
2500 BLK N MAIN ST FINGER PO BOX 126
PC: 03-03-15 19105 W CAPITOL DR STE 200 WINNEBAGO WI 54985-0126
BROOKFIEZD WI 53045-2708
KLINGER PROPERTIES INC JACKSON SQUARE APARTMENTS NELS NASLUND
1910 HARRISON ST LP 2465 WESTHAVEN CT
OSHKOSH � WI 54901-2344 647 W VIRGINIA ST STE 200 OSHKOSH WI 54904
MILWAUKEE WI 53204-1535
LOIS LUEBKE MARITAL TRST TOWN OF OSHKOSH JEANNETTE MERTEN
870 HONEY CREEK RD 230 E CTY RD Y TOWN OF OSHKOSH CLERK
OSHKOSH WI 54904 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. Pfillting Date:2117/2015 O.lHKO1H
These map(s)/datasets are provided for information purposes only and may not be sufficient or `
appropriate for legal, engineering, or suNeying purposes. They are.provided "AS-IS" without Prepared by:City of Qshkosh,WI oNrriewn�a
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
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