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HomeMy WebLinkAbout36. 15-274 MAY 26, 2015 15-274 ORDINANCE FIRST READING (CARRIED_______LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN OF ALGOMA / CYPRESS HOMES VOLUNTARY ATTACHMENT/ TH SOUTH 3400 BLOCK OF WEST 20 AVENUE INITIATED BY: GREGORY L. FOUST TRUSTEE 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 Algoma 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 Algoma 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 Algoma; and WHEREAS, the proposed territory to be attached is located within the designated Expansion Area of the Town of Algoma to the City of Oshkosh; and WHEREAS, the property owners have requested temporary zoning of R-1 Single Family Residence District; and WHEREAS, the Town Clerk for the Town of Algoma has been provided with written notice regarding the attachment in the time period specified by the approved Cooperative Plan; and WHEREAS, the Town of Algoma 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: MAY 26, 2015 15-274 ORDINANCE CONTD 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: ALL OF LOT 2, CERTIFIED SURVEY MAP NUMBER 6641, DOCUMENT NUMBER TH 1607488 AND ADJACENT SOUTH ½ OF W. 20 AVENUE, ALL BEING PART OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTH ¼ CORNER OF SAID SECTION 32; THENCE NORTH 89°07’34” WEST, 1,365.98 FEET ALONG THE NORTH LINE OF SAID SECTION 32 TO THE POINT OF BEGINNING; THENCE SOUTH 00°44’24” WEST, 1,332.29 FEET ALONG THE EAST LINE OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 32 TO THE SOUTHEAST CORNER OF LOT 2, CERTIFIED SURVEY MAP NUMBER 6641; THENCE NORTH 89°18’44” WEST, 418.26 FEET ALONG THE SOUTH LINE OF SAID LOT 2 TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 00°45’00” EAST, 507.00 FEET ALONG THE WEST LINE OF SAID LOT 2; THENCE NORTH 00°44’59” EAST, 562.65 FEET ALONG THE WEST LINE OF SAID LOT 2; THENCE NORTH 00°45’00” EAST, 264.00 FEET ALONG THE WEST LINE AND EXTENDED WEST LINE OF SAID LOT 2 TO A POINT ON THE NORTH LINE OF SAID SECTION 32; THENCE SOUTH 89°07’34” EAST, 418.04 FEET ALONG THE NORTH LINE OF SAID SECTION 32 TO THE POINT OF BEGINNING. SAID AREA CONTAINS 557,374 SQUARE FEET OR 12.796 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 R-1 Single Family Residence 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 #15-xxx APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN OF ALGOMA / CYPRESS HOMES VOLUNTARY ATTACHMENT/ SOUTH 3400 TH BLOCK OF WEST 20 AVENUE on June 9, 2015. The ordinance attaches the property th in the 3400 block of 20 Avenue to the City from Town of Algoma. 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. -- — - s3 Z © Q w� o,- og >_ z wr - Om s °o? ,i-n o<" sa- s= , o in zN a ° : 0 Lc L 3 Fa;., m Oh. k a€ 0, Ica i L41° mod TI lc in Jr Lii al a- }za`�ELLr °- 3 w am al o r. \ , EAST EWE OF THE NW 1/4 of THE NW)4 SECOH 32 City of Oshkosh I _ 53044'24'W 133229 Town of Algoma to -zw C. o O mJ - - cn oD O m N00'45'OC"E • N00'4459'E 562.65 a ® N00'4500"E 507.00 264 00' 'u LOci 5r r R a L 0 p 0 m o � IT I. x U ory r „ �O o O N 0 T 0 1 I m in o- 0 v 0 — '02: 7lllAaiV10 Or iO76 L4 a on En o OJHKOJH TO: Honorable Mayor and Members of the Common Council FROM: Jeffrey Nau, Associate Planner /,y7 DATE: May 20, 2015 RE: Approve Request to Attach to the City from the Town of Algoma/Cypress Homes Voluntary Attachment/ South 3400 Block of West 20th Avenue BACKGROUND The petitioner is requesting approval of a voluntary attachment of 12.796 acres of land located west of 3351 and 3303 W. 20"Avenue in the Town of Algoma. The site is undeveloped and being used for agricultural purposes. 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 Algoma, 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 to allow for residential development of the site. Plans have not yet been submitted, however, the developer has indicated they plan to develop the site as a single-family residential subdivision. The proposed use is consistent with the Comprehensive Land Use Plan's residential land use recommendation. City water main is available to the site off of W. 20th Avenue; however, city sanitary sewer will need to be extended either from the east or west of the property. The petitioner has been coordinating with the Department of Public Works to determine the best option and budget for/schedule the extension. The property is proposed to be attached with an R-1, Single Family Residence District zoning designation which is consistent with the Comprehensive Plan's recommended land use for the area. This request has been reviewed by various City departments and no issues or concerns have been expressed with providing services to the proposed attachment. FISCAL IMPACT The attachment will require an extension of City sanitary sewer which will be included in the preliminary 2016 Capital Improvement Program and presented to the Common Council for consideration. It is anticipated the completed proposed development will add $3 to$4 million dollars in assessed property value to the City's tax roll. RECOMMENDATION The Cypress Homes Voluntary Attachment is in the best interest of the City and I recommend approval, as requested. Approve Cit anager REQUEST FOR UNANIMOUS VOLUNTARY ATTACHMENT PETITION TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH,WINNEBAGO COUNTY, WISCONSIN: WHEREAS,the City of Oshkosh and Town of Algoma have adopted a Cooperative Plan as set forth ins. 66.0307,Wis.Stats.,approved by the Wisconsin Department of Administration,that identifies areas within the Town of Algoma as expansion areas for the City of Oshkosh; WHEREAS,the undersigned represent all of the owners of the territory to be attached to the City of Oshkosh from the Town of Algoma; WHEREAS,the proposed territory to be attached is located within the designated CityExpansion Area of the Town of Algoma to the City of Oshkosh; WHEREAS,the current population of the territory to be attached as defined by Sec. 66.0201(2)(dm)of the Wisconsin Statutes is Zero(0) . NOW,THEREFORE,THIS PE 11110N IS HEREBYMADE for unanimous voluntary attachment,pursuant to the provisions of the approved Cooperative Plan between the City of Oshkosh and the Town of Algoma, for attachment to the City of Oshkosh,Wisconsin,from the Town of Algoma,Winnebago County,Wisconsin,of the real estate hereinafter described as follows: CYPRESS HOMES VOLUNTARY ATTACHMENT ALL OF LOT 2,CERTIFIED SURVEY MAP NUMBER 6641,DOCUMENT NUMBER 1607488 AND ADJACENT SOUTH'A OF W. 20111 AVENUE,ALL BEING PART OF THE NORTHWEST''/.OF THE NORTHWEST/OF SECTION 32,TOWNSHIP 18 NORTH,RANGE 16 EAST,TOWN OF ALGOMA,WINNEBAGO COUNTY, WISCONSIN,BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTH'A CORNER OF SAID SECTION 32; THENCE NORTH 89°07'34"WEST, 1,365.98 FEET ALONG THE NORTH LINE OF SAID SECTION 32 TO THE POINT OF BEGINNING; THENCE SOUTH 00°44'24"WEST, 1,332.29 FEET ALONG THE EAST LINE OF THE NORTHWEST/OF THE NORTHWEST 1/4 OF SAID SECTION 32 TO THE SOUTHEAST CORNER OF LOT 2,CERTIFIED SURVEY MAP NUMBER 6641; THENCE NORTH 89°18'44"WEST,418.26 FEET ALONG THE SOUTH LINE OF SAID LOT 2 TO THE SOUTHWEST CORNER OF SAID LOT 2;THENCE NORTH 00°45'00"EAST, 507.00 FEET ALONG THE WEST LINE OF SAID LOT 2;THENCE NORTH 00°44'59" EAST, 562.65 FEET ALONG THE WEST LINE OF SAID LOT 2;THENCE NORTH 00°45'00"EAST,264.00 FEET ALONG THE WEST LINE AND EXTENDED WEST LINE OF SAID LOT 2 TO A POINT ON THE NORTH LINE OF SAID SECTION 32; THENCE SOUTH 89°07'34"EAST,418.04 FEET ALONG THE NORTH LINE OF SAID SECTION 32 TO THE POINT OF BEGINNING. SAID AREA CONTAINS 557,374 SQUARE FEET OR 12.796 ACRES,MORE OR LESS. That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be annexed and its relation to the municipalities involved. QUALIFICATION DATE (elector and/or NAME POST OFFICE ADDRESS SIGNED property owner) 51/49/2,00- Jj� Foust Revocable Trust 563 Boyd St. " 7-;„ -t-r` Gregory L. Foust-Trustee Oshkosh, WI 54901 — -1 Owner Iw,b.`" 19 zalb j I PETITION FOR TEMPORARY ZONING CLASSIFICATION TO THE COMMON 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 imanimous attachment to the City of Oshkosh, Cypress Homes 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 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: R-1, Single Family Residence District Qualification (elector and/or NAME POST OFFICE ADDRESS DATE SIGNED property owner) Foust Revocable Trust 563 Boyd St. Si/9/do iS —` r*+< Gregory L.Foust-Trustee Oshkosh, WI 54901 Owner MA 19 '(1.5 I p RAX 3RC1 a 1E ti Ici w h p M Oz A Rk Y J L L� T. 11-' 1 F-. i'*' tuaa rWar kosnCityLi t NHGHB096' RD c� to ' 1pRcRE �� �13Ri�J+ ._ II a � , , 1 _ .II,K �F, Subject Site -- 2➢f A 1 r J _. .. m .E Y a t L N t . I -- h F Y t3 4 O • r 1 _--_-- - -- n / . ,\ 9�y �• / ---''' ' `.7pf i Ili rlbI!I1f-t.try n , N 11n=a.l9mi F ' r x ` - im=1000 ft . .:t 41': 1. 1,y approximate relative location of propery, boundaries and other feature from a vanery of sourcee pooling Date 5/19/2015 OJHKOJ fl These mapfspdatasefs are provided for nformabon purposes only and may not be sufficient or appropriate for legal engineering, or suveying purposes. They are prov ded 'AS IS amput Prepared by.City of Oshkosh,WI ON.NE.nm warranties of any kind and the City of Oshkosh assumes no liabiRy for use or misuse l:9 S GI£Ease Maps—^ann+e Pam Map m d Use anErea'