HomeMy WebLinkAbout35. 15-273
MAY 26, 2015 15-273 ORDINANCE
FIRST READING
(CARRIED_______LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN
OF BLACK WOLF / PURTELL VOLUNTARY ATTACHMENT;
SOUTHEAST CORNER OF WEST RIPPLE AVENUE AND OREGON
STREET
INITIATED BY: JAMES PURTELL
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN
TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 14TH WARD
OF SAID CITY.
The Common Council of the City of Oshkosh do ordain as follows:
WHEREAS, the City of Oshkosh and Town of Black Wolf 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 Black Wolf 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 Black Wolf; and
WHEREAS, the proposed territory to be attached is located within the designated
Expansion Area of the Town of Black Wolf to the City of Oshkosh; and
WHEREAS, the property owners have requested temporary zoning of R-3PD, Multiple
Family District with Planned Development Overlay; and
WHEREAS, the Town Clerk for the Town of Black wolf has been provided with written
notice regarding the attachment in the time period specified by the approved Cooperative Plan;
and
WHEREAS, the Town of Black Wolf 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:
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 14th Ward of
said City and subject to Wisconsin Statutes and the amendments thereto:
MAY 26, 2015 15-273 ORDINANCE
CONTD
A PARCEL OF LAND LOCATED IN THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION
12, TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF BLACK WOLF, WINNEBAGO COUNTY,
WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 12; THENCE NORTH 89°27’00”
EAST, 1,310.82 FEET ALONG THE NORTH LINE OF SAID QUARTER AND THE CENTERLINE OF
W. RIPPLE AVENUE TO THE NORTHEAST ¼ OF SAID NORTHWEST ¼, NORTHWEST ¼;
THENCE SOUTH 00°11’44” WEST, 1,323.95 FEET ALONG THE EAST LINE OF SAID
NORTHWEST ¼, NORTHWEST ¼ TO THE SOUTHEAST CORNER OF SAID NORTHWEST ¼,
NORTHWEST ¼; THENCE SOUTH 89°30’59” WEST, 906.20 FEET ALONG THE SOUTH LINE OF
SAID NORTHWEST ¼, NORTHWEST ¼, TO THE SOUTHEAST CORNER OF CERTIFIED
SURVEY MAP NUMBER 4121; THENCE NORTH 00°00’12” WEST, 130.00 FEET ALONG THE
EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 4121 TO THE NORTHEAST CORNER
OF SAID CERTIFIED SURVEY MAP NUMBER 4121; THENCE SOUTH 89°30’59” WEST, 200.01
FEET ALONG THE NORTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 4121; THENCE
NORTH 00°00’12” WEST, 360.01 FEET; THENCE SOUTH 89°30’59” WEST, 200.01 FEET TO THE
WEST LINE OF SAID NORTHWEST ¼, NORTHWEST ¼ AND THE CENTERLINE OF OREGON
STREET (COUNTY ROAD “I”); THENCE NORTH 00°00’12” WEST, 832.36 FEET ALONG THE
WEST LINE OF NORTHWEST ¼, NORTHWEST ¼ TO THE POINT OF BEGINNING; SAID AREA
CONTAINS 1,607,280 SQUARE FEET OR 36.8980 ACRES, MORE OR LESS.
NOTE: THE NORTH LINE OF THE NORTHWEST ¼ OF SECTION 12 IS ASSUMED TO BEAR
NORTH 89°27’00” EAST.
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-3PD, Multiple
Family 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-xxx APPROVE REQUEST TO ATTACH TO THE CITY FROM
TOWN OF BLACK WOLF / PURTELL VOLUNTARY ATTACHMENT; SOUTHEAST
CORNER OF WEST RIPPLE AVENUE AND OREGON STREET on June 9, 2015. The
ordinance attaches property at the southeast corner of West Ripple Avenue and Oregon
Street to the City from Town of Black Wolf. 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.
MAY 26, 2015 15-273 ORDINANCE
CONTD
A PARCEL OF LAND LOCATED IN THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION
12, TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF BLACK WOLF, WINNEBAGO COUNTY,
WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 12; THENCE NORTH 89°27’00”
EAST, 1,310.82 FEET ALONG THE NORTH LINE OF SAID QUARTER AND THE CENTERLINE OF
W. RIPPLE AVENUE TO THE NORTHEAST ¼ OF SAID NORTHWEST ¼, NORTHWEST ¼;
THENCE SOUTH 00°11’44” WEST, 1,323.95 FEET ALONG THE EAST LINE OF SAID
NORTHWEST ¼, NORTHWEST ¼ TO THE SOUTHEAST CORNER OF SAID NORTHWEST ¼,
NORTHWEST ¼; THENCE SOUTH 89°30’59” WEST, 906.20 FEET ALONG THE SOUTH LINE OF
SAID NORTHWEST ¼, NORTHWEST ¼, TO THE SOUTHEAST CORNER OF CERTIFIED
SURVEY MAP NUMBER 4121; THENCE NORTH 00°00’12” WEST, 130.00 FEET ALONG THE
EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 4121 TO THE NORTHEAST CORNER
OF SAID CERTIFIED SURVEY MAP NUMBER 4121; THENCE SOUTH 89°30’59” WEST, 200.01
FEET ALONG THE NORTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 4121; THENCE
NORTH 00°00’12” WEST, 360.01 FEET; THENCE SOUTH 89°30’59” WEST, 200.01 FEET TO THE
WEST LINE OF SAID NORTHWEST ¼, NORTHWEST ¼ AND THE CENTERLINE OF OREGON
STREET (COUNTY ROAD “I”); THENCE NORTH 00°00’12” WEST, 832.36 FEET ALONG THE
WEST LINE OF NORTHWEST ¼, NORTHWEST ¼ TO THE POINT OF BEGINNING; SAID AREA
CONTAINS 1,607,280 SQUARE FEET OR 36.8980 ACRES, MORE OR LESS.
NOTE: THE NORTH LINE OF THE NORTHWEST ¼ OF SECTION 12 IS ASSUMED TO BEAR
NORTH 89°27’00” EAST.
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-3PD, Multiple
Family 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-xxx APPROVE REQUEST TO ATTACH TO THE CITY FROM
TOWN OF BLACK WOLF / PURTELL VOLUNTARY ATTACHMENT; SOUTHEAST
CORNER OF WEST RIPPLE AVENUE AND OREGON STREET on June 9, 2015. The
ordinance attaches property at the southeast corner of West Ripple Avenue and Oregon
Street to the City from Town of Black Wolf. 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.
1
m3
I
CaLT OF OSHKOSH--_ --_ .o v Ne, i _—_ r---- --
4
`II
k^
mo Lim 1 - _ 4 R Ame -Fr.
4:
I ma=
ZO
A
O OTT OF OSNINOSIJ
TOWN WOLF - ® ®® ?r UN MOO o BUCK.°.v—_—
N
• er .zr,°°.00iP
so
ay
$ o
o
0
Z,
o
0 W � , . ,m
° .01-.,.00=
Ti 3m =o
.s o
os=
�
30
& o4z m-
i , 7
o-,.
Zlz
"am c
mn0 A J
o20a I 3 mE -
•
m — z
OJHKOJH
TO: Honorable Mayor and Members of the Common Council
FROM: Jeffrey Nau, Associate Planner
DATE: May20. 2015
RE: Approve Request to Attach to the City from the Town of Black Wolf/Purtell Voluntary
Attachment; Southeast Corner of West Ripple Avenue and Oregon Street
BACKGROUND
This item was presented to the Common Council on April 8, 2014 but withdrawn by City staff due to concerns
with being able to serve the site's proposed development with sanitary sewer
The petitioner is requesting approval of a voluntary attachment of 36.898 acres of land located at the southeast
corner of Oregon Street and W. Ripple Avenue, diagonal to Baldor Generators. The property is mostly
undeveloped with exception of a single-family dwelling with large portions of the remaining land being used
agriculturally.
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 Black Wolf, 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
The attachment request is for future multi-family development of the property. Plans from 2014 proposed to
develop the site with 240 residential apartment units. The Department of Public Works had concerns with the
existing sanitary sewer system being able to handle the additional effluent, especially with the future
development of the nearby Aviation Business Park. The Department of Public Works reevaluated the current
capacity and determined the sanitary system can safely accept an additional 60 residential units as well as
development in the Aviation Business Park. Full site development will not occur until the City upgrades sanitary
sewer capacity in the area. This information has been conveyed to the property owner. Extensions of city
sanitary sewer and water will be necessary to fully service the subject site, but can be made available at the
corner of W. Ripple Avenue and Oregon Street. The property is proposed to be attached with an R-3PD
Multiple Dwelling 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 no concerns were expressed as far as being able to serve the site with other City
services.
FISCAL IMPACT
The attachment is being requested to obtain sewer and water utilities to support more dense residential
development for the area. This attachment will add approximately$81,400 in assessed land and improvement
value to the City's tax roll in its current state. Once developed, assessed and and improvement values will
increase significantly.
RECOMMENDATION
It appears that the Purtell Voluntary Attachment is in the best interest of the City and I recommend approval as
requested.
Approve
City Manager
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 Black Wolf have adopted a Cooperative Plan as set forth in s.
66.0307,Wis.Stars.,approved by the Wisconsin Department of Administration,that identifies areas within the Town
of Black Wolf 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 Black Wolf;
WHEREAS,the proposed territory to be attached is located within the designated City Growth Area of the
Town of Black Wolf 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 Two (2) .
NOW,THEREFORE,THIS PETITION IS HEREBY MADE for unanimous voluntary-attachment,pursuant to
the provisions of the approved Cooperative Plan between the City of Oshkosh and the Town of Black Wolf, for
attachment to the City of Oshkosh,Wisconsin,from the Town of Black Wolf,Winnebago County,Wisconsin,of the
real estate hereinafter described as follows:
PURTELL VOLUNTARY ATTACECIIENT
ALSO KNOWN AS 173 W. RIPPLE AVENUE, A PARCEL OF LAND LOCATED IN THE NORTHWEST
% OF THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF
BLACK WOLF,WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 12; THENCE NORTH 89°27'00"
EAST, 1,310.82 FEET ALONG THE NORTH LINE OF SAID QUARTER AND THE CENTERLINE OF W.
RIPPLE AVENUE TO THE NORTHEAST % OF SAID NORTHWEST '/y NORTHWEST 1/4; THENCE
SOUTH 00°11'44"WEST, 1,323.95 FEET ALONG THE EAST LINE OF SAID NORTHWEST 'Y,
NORTHWEST'/TO THE SOUTHEAST CORNER OF SAID NORTHWEST ''G,NORTHWEST Y<;
THENCE SOUTH 89°30'59"WEST, 906.20 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4,
NORTHWEST %, TO THE SOUTHEAST CORNER OF CERTIFIED SURVEY MAP NUMBER 4121;
THENCE NORTH 00°00'12"WEST, 130.00 FEET ALONG THE EAST LINE OF SAID CERTIFIED
SURVEY MAP NUMBER 4121 TO THE NORTHEAST CORNER OF SAID CERTIFIED SURVEY MAP
NUMBER 4121; THENCE SOUTH 89°30'59" WEST, 200.01 FEET ALONG THE NORTH LINE OF SAID
CERTIFIED SURVEY MAP NUMBER 4121; THENCE NORTH 00°00'12" WEST, 360.01 FEET; THENCE
SOUTH 89°30'59" WEST,200.01 FEET TO THE WEST LINE OF SAID NORTHWEST ''/,NORTHWEST
Y AND THE CENTERLINE OF OREGON STREET(COUNTY ROAD "I"); THENCE NORTH 00°00'12"
WEST, 832.36 FEET ALONG THE WEST LINE OF NORTHWEST ''/, NORTHWEST ''%TO THE POINT
OF BEGINNING; SAID AREA CONTAINS 1,607,280 SQUARE FEET OR 36.898 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)
James F.Purtell 60 Stoney Beach Rd. Owner
JKJ Developers Inc. Oshkosh,WI 54902
�. Pia„ 3 Z8' iy
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 unanimous attachment to the City of Oshkosh,
Purtell 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. 6223(7)(d) of the Wisconsin Statutes, as
follows:
R-3PD,Multiple Family District with Planned Development Overlay
Qualification
(elector and/or
NAME POST OFFICE ADDRESS DATE SIGNED property owner)
James F. Purtell 60 Stoney Beach Rd. Owner
JKJ Developers Inc. Oshkosh, WI 54902
1)Xrw S 1v—rS
ii;
1 4V22NDAZ \
—W2aRDAV 1
k
MNAPP&T. $ .BE CH .0
J". • -44984411 1
w
w
ryo SE NHOI CT
--WM UKAUAV WWA KA V rAUIWUV
fY
4
N
�.. a— JAGO V
u
r-
4 '.HN-15"
J
>,-WasTN
re
a
/ Q Subject Site
O
A
r--Qv�''—WRIP'L{AVM �. 431 PL�E,4V
6 F.
W
RRENLAND RD
a
a o 45
Y
1 /
1z
Z
m
N TISK-AV 3 EFISK-AV-
o CJ
a
D.
4
4
Pitt:I dh)I aft e, f r s.a.eiiMil n 1 in=0.38 mi
` . "d[ ">fiv. A 1In=2,0008
The City of Oshkosh creates and maintains GIS maps and data for its own use They may show the
approximate relative rocahon of property, ooundanes and other feature hom a vanety of sources printing Date 5/19/2015 DfFIKO/H
These map(shdatasels are provided for lnformatlon purposes only and may not be seicfent or
appropnate for legal, engneenng or surveying purposes. They are provided 'AS IS without Prepared by.City of Oshkosh,WI ox TMe wnw
warranties of ary land and the Cry of Oshkosh assumes no liability for use or misuse.
hi (II.Base Mars Pl rnn5]rasp vnam d a. rt