HomeMy WebLinkAbout20. 15-296
MAY 26, 2015 JUNE 9, 2015 15-273 15-296 ORDINANCE
FIRST READING SECOND READING
(CARRIED__7-0_____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 JUNE 9, 2015 15-273 15-296 ORDINANCE
FIRST READING SECOND READING CONT’D
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 #15-296 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.
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TO�. Honorable Mayor and Members of the Common Council
FROM: Jeffrey Nau, Associate Planner �
DATE: May 20, 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[he Common Council on Apri18, 2014 6ut withdrawn by City staff due to concems
with being able ro serve the site's proposed development wi[h sanitary sewer.
The petitioner is requesting approval of a voluntary attachment of 3fi.898 acres of land located at the southeas[
comer 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 beinq in
keeping with the terms of the intergovernmental agreement behveen the Ciry and the Town of Black Wolf, which
has been fulty implemented with a Coopera[ive 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 fulure 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
ezisting 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
capaciiy and tletertnined 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 capaciry in the area. This information has been conveyed to the property owner. 6ctensions 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 Oveday which is consistent with the
overall Comprehensive Plan's recommended lantl use for the area. Various CiTy departments have reviewed
the proposed attachment and no concems were expressed as far as being able to serve the site with other City
services.
FISCAL IMPACT
The attachment is being requestetl 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 wrrent state. Once developed, assessed land and improvement values will
increase signifcantly.
RECOMMENDATION
It appears that the Purtell Voluntary Attachment is in the best interest of the City and I recommend approval as
requested.
Approve y ,����
�/6f�r • I��"�
City Manager
REOUEST FOR UNANIMOUS VOLUNTARY ATTACIIlI'IENT PETTTION
TO TI-IE COMMON COUNCII. OF Tf�CITY OF OSHKOSH,WINNEBAGO COUNTY, WISCONSIN:
WHEREAS,the Ciry of Oshkosh and Town of Black Wolf have adopted a Cooperalive Plan as set forth in s.
66.0307,Wis.Stats.,approvedbytheWiscoasinDepartmentofAdminishalion,thatidentifiesareaswithintheTown �
of Black Wolf as expansion azeas for tUe Ciry of Oshkosh;
WHEREAS,the undersigned represent all ofthe 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 witUin the designated CiTy Growth Area of the
Town of Black Wolf to the City of Os6kosh;
WHEREAS,the current population of the temtory to be attached as defined by Sec. 66.0201(2)(dm)of the
Wisconsin Stamtes is Two (2)
NO W,7T�REFORE,THIS PETTITON IS HEREBY MADE forunanimous 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 Ciry of Oshkosh,Wisconsin,from the Town of Black Wolf,Winnebago County,Wisconsin,of the
real estate hereinaftec described as follows:
PURTELL VOLUNTARY ATTACIIMENT
ALSO KNOWN AS 173 W. RIPPLE AVENUE,A PARCEL OF LAND LOCATED IN THE NORTHWEST
'/o OF THE NORTHWEST'/a OF SECTION 12, TOWNSHIP 17 NORTH� RANGE 16 EAST� TOWN OF
BLACK V✓OLF,WINNEBAGO COUNTY, WISCONSIN BOTINDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 12; Tf�.NCE NORTH 89°2T00°
EAST, 1,310.82 FEET ALONG Tf�NORTH LINE OF SAID QUARTER AND THE CENT'ERLINE OF W.
RIPPLE AVENiJE TO THE NORTHEAST % OF SAID NORTHWEST Ya,NORTHWEST Ya; THENCE
SOUTH 00°l l'44" WEST, 1,323.95 FEET ALONG THE EAST LIlVE OF SAID NORTHWEST Ya,
NORTHWEST Y�TO THE SOUTHEAST CORNER OF SAID NORTHWEST Ya�NORTHWEST %a�
THENCE SOUTH 89°30'S9"WEST, 90620 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST'/g
NORTHWEST %<, TO THE SOUTHEAST CORNER OF CERTIFIED SURVEY MAP NiJMBER 4121;
THENCE NORTH 00°00'lY'WEST, 130.00 FEET ALONG TFiE EAST LIlVE OF SAID CERTIFIED
SURVEY MAP NUMBER 4121 TO THE NORTHEAST CORNER OF SAID CERTIFIED SURVEY MAP �
NUMBER 4121; THENCE SOUTH 89°30'S9" WEST, 200.01 FEET ALONG THE NORTH LINE OF SAID
�CERTIFIED SURVEY MAP NLJMBER 4121; THENCE NORTH 00°00'12" WEST, 360.01 FEET; THENCE
SOUTH 89°30'S9" WEST, 200.01 FEET TO THE WEST LINE OF SAID NORTHWEST'b,NORTHWEST
%.AND THE CENTERLINE OF OREGON STREET(COUNTY ROAD "I"); THENCE NORTH 00°00'12°
WEST, 83236 FEET ALONG THE WEST LINE OF NORTHWEST Y.,NORTHWEST Y<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 boundazies of the following described territory to be annexed
and its relation to the municipaliries involved.
QUALIFICATION
DAT� (elecforand/or
NA11� POST OFFICE ADDRESS SIGNED ro e owner
James F.Portell 60 Stoney Beach Rd. Owcier
1K7 Developers Inc. Oshkosh,WI 54902
�^--J �. P,.,,;�p�, 3"2�3'i4
� PETITION FOR TEMPORARY ZONING CLASSIFICATION
TO THE COMMON COUNCII,OF THE CITY OF OSHKOSH:
WHEREAS The undersigned aze electors and/or property owaers in the azea being sought to �
be attached to the City of Oshkosh, said azea being more particulazly described in a certain petition
for unanimous attachment to the CiTy of Oshkosh, � �
Purtell Voluntary Attachment,
and,
� WIIEREAS it is acknowledged by the undersigned that submitting of this petition does not
in any matter attempt to make said petition foi attachment conditional upon this perition or tl�e
action taken by tl�e said Common Council pursuant to this petition.
NOW, THEREFORE, the undersi�ed petition the Common CouncIl of the CiTy of
Ostilcosh that the ordinance attaching said temtory inciude a provision temporazily designating the
class�calion for zoning purposes, pursuant to Sea 66.0217(8) of the Wisconsin Statutes, until the
zoning ordinance is amended as prescdbed in Sea 6223(7)(d) of the Wiscoasin Statutes, as
follows:
R-3PD,Multiple Family District with Planned Development Overlay
Qualifica6on
(elector and/or
NAME POST OFFICE ADDRESS DATE SIGIVED ro e owner �
James F. Purtell 60 Stoney Beach Rd. Owner
JKJ Developers Inc. Oshkosh, WI 54902
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