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Home My WebLink About21. 15-297 MAY 26, 2015 JUNE 9, 2015 15-274 15-297 ORDINANCE FIRST READING SECOND READING (CARRIED___7-0____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 JUNE 9, 2015 15-274 15-297 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: 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 #15-297 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. C� � �� z z �W€ � w� oW w�o �� o`° w= � �U o�m 6 � . .. . \h . . . ' Q N3 fU � o�� W W �� ZN � =na � O0p �m uuo �m y8 � �� m z� � � o° �. g g N � � . . o� � 0�3 �w • : . . owFE� ' � . m r� «e `o� - �-w �«£ � - U G¢a `aa � am � 1 _ un uuc mc xw W or TMc xw.sccnav n City of Oshkosh �'� � soo'aa2aW �332z5 '-7own of Algoma ° � m 1 Cw _ 1 .�': �_ �'C aN a `O a �� w �� o�� U Z � m N�0'45�0'E NDO'4a59"E Sfi2.65� N00'45'00$ 5�200' 264.00' � �n � � �p m Lu . p O Cw . � � � ON a L � � �� O E�J O r N U 3 T O �- H U � Of N H �O N U kR I � k� " I c� 0 IHKOIH 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 Ciry from the Town of Algoma/Cypress Homes Voluntary Attachment I South 3400 Block of West 20�"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 agricWtural purposes. 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 intergovemmental agreement beN✓een the City and the Town of Algoma, which has been fully implemented with a Cooperative Plan approved by the State of Wisconsia The agreement provides for attachmen[s only thmugh 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. 20°i Avenue; however, city sanitary sewer will need to he 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 forlschedule the e�ctension. The property is proposed to be attached with an R-1, Single Family Residence �istrict zoning designation which is consistent with the Comprehensive Plan's recommended land use for the area. This request has been reviewed 6y various Ciry departments and no issues or concems have been ezpressed with providing services to the proposed attachment. FISCAL IMPACT The attachment will require an extension of Ciry sanitary sewer which will be induded in the preliminary 2016 Capital Improvement Program and presented to the Common Council for wnsideration. 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 �� Ci anager REOUEST FOR UNANIMOUS VOLIINTARY ATTACHMENT PETITION TO Tf��COMMON COUNCII.OF THE CITY OF OSHKOSH,WINNEBAGO COUNTY,4JISCONSIN: WIIEREAS,the City oF Oshkosh and Town of Algoma have adopted a Cooperative Plan as set fortb in s. 66.0307,Wis.StaLs.,approved by the Wvsconsin Depaz4nent of Adminish°ztion,that identifies areas withinthe Town of Algoma as expaasion areas foi The City of Oshkosh; � WI�RF,AS,the undecsigned represent all ofthe owneis of the texritoryto be attachedto the City of Oshkosh from the Town of Algoma; WHEREAS,thepioposedteaitorytobeatfachedislocatedwithiuthedesignatedCiryExpausionAreaofthe � � Town of Algoma to the Ciry of Oshkosh; � WI-IERF,AS,the current populalioa of the territory to be attached as de&ned by Sec.66.0201(2)(dm)of the Wisconsin Stffiutes is_Zero (Ol NOW,Tf�REFORE,TI-ILSPETfI'fONISHEREBYMADEfor n+�n�+*+�usvoluntaryattachment,pu��antto the provisions of the approved Cooperative Plan between the CiTy of Oshkosh and the Town of Algoma, for attachment to the City of OsLkosh,Wiscousin,fromthe Town of Algoma,Winnebago County,Wisconsin,ofthe real estate hereinafter described as follows: r � CYPRESS HOMES VOLUNI'ARY ATTACH11iENT AT T.OF LOT 2,CERTIFFIED SURVEY MAP NIJMBER 6641,DOCUMENT N[TIvIDER 1607488 AND ADJACENT SOU1H'/:OFW. 20�AVENUE,ALLBEINGPARTOFI'FIENORTHWEST'/.OFTHENOR'[TIWEST'/.OF _ SECTION 32,TOWNSFIIP 18 NORTH,RANGE 16 EAST,TOWN OF ALGOMA,WINNEBAGO COUNTY, WISCONSIN,BOi7NDED AND DESCRIBED AS FOLLOWS: CONIDdENCING FROM THE NORTH'/.CORNER OF SAID SECTION 32;"CHENCE NORTH 89°07'34"WEST, 1,365.98 FEET ALONG THP.NQRTH LINE OF SAID SECTION 32 TO THE POINT OF BEGINNING;THENCE SOUTH 00°44'24"WEST, 1,33229 FEET ALONG 1'f�� EAST LINE OF THE NOR"[TiWEST '/.OF THE NORTHWEST'/.OF SAID SECTION 32 TO THE SOVPHEAST CORNER OF LOT 2;CERTIFIED SURVEY MAP NUMBER 6641;THENCE NORTH 89°18'44"WEST,41826 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 L1NE OF SAID LOT 2;TfIENCE NORTH 00°44'S9° EAST, 562.65 FEET AIANG THE WEST LINE OF SAID LOT 2;THENCE NORTH 00°45'00"EAST,264.00 FEET ALONG'1'I-�,R'EST LINE AND EXTENDED WEST LINE OF SAID LOT 2 TO A POINT ON THE NORTH LINE OF SAID SECTiON 32;Tf�TCE SOiI'ITI 89°OT34"EAST,418.04 FEET ALONG TfiE NORTH LINE OF SAID SECTION 32 TO'I'HE POINT OF BEGINNING. SAID AREA CONTAINS 557,374 SQUARE FEET OR 12.796 � i ACRES,MORE OR LESS. . Thai attached hereto is a scale map reasonably showing the boundaries of the following described texdtory to be annexed and its relation to the municipalities involved. � . . QUALIFICATION - DA1'E (eleMor and/or NAME POST OFFICE ADDRESS SIGNED pro erly owner) 5��9/o�s /y..� � Foust Revocable Trust 563 Boyd St - T.�t< Crregory L. Foust-Trustee Oshkosh,WI 54901 -_tL!�.(� _ � ��eC � W�AY 19 2Qi5 I� I �, � ; — - –=<<cF �--__ � PETTPION FOR TEMPORARY ZONING CLASSIFICATION TO Tf�.COMMON COUNCII.OF TAE CTTY OF OSHKOSH: � � WHEREAS the undersigned aze electors and/or property owners in the azea being sought to be attac6ed to the Ciry of Oshkosh, said area being more particulazly described in a certain petition � for auanimous attachment to the Ciry of Oshkosh, Cypress Homes Volu¢tary Attachment, and, WHEREAS it is acknowledged by the undeisigned that submitling of this petition does not in any mattec attempt to make said petition for attachment conditional upon this petition or the action taken by the said Common CouncIl p�usoa¢t to this petition NOW, THEREFORE, the undersigned petirion the Common Council of the Ciry of Osl�kosh t6at the ordinance attaching said temtory include a provision temporarily desigoating the classi&cation for zoning purposes, pursuant to Sec. 66.0217(8) of the Wisconsin Statutes, unlil the zoning ordinance is amended as prescdbed in Sec. 6223(7)(d) of the Wiscoasin Stafirtes, as follows: R-1, Single Family Residence District � - QualiLcation (elector and/or NAME POST OFFICE ADDRESS DATE SIGNED mperty owner) �� Foust Revocable Trust 563 Boyd St. 5�/s�a.ai: _ T" "'° Gregory L. 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