HomeMy WebLinkAbout14. 15-480NOVEMBER 10, 2015 15-480 ORDINANCE
FIRST READING
(CARRIED_______LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE REQUEST TO ANNEX TO CITY FROM TOWN OF
OSHKOSH; STORM WATER UTILITY ANNEXATION #3; 3400
BLOCK 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
NOVEMBER 10, 2015 15-480 ORDINANCE
FIRST READING CONTD
WHEREAS, the petitioners have requested that the annexation ordinance
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 permanently zoned M-3 General 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 NORTHWEST ¼ OF THE SOUTHWEST ¼ AND PART OF THE
SOUTHWEST ¼ OF THE NORTHWEST ¼, ALL IN SECTION 1, TOWNSHIP 18
NORTH, RANGE 16 EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY,
WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE
WEST ¼ CORNER OF SECTION 1; THENCE N88°56’02”E, 660.04 FEET ALONG THE
SOUTH LINE OF THE NORTHWEST ¼ OF SECTION 1 TO THE SOUTHERLY
EXTENSION OF A WEST LINE OF LANDS DESCRIBED IN DOCUMENT NUMBER
944790 AND THE POINT OF BEGINNING; THENCE N00°24’02”W, 665.22 FEET
ALONG SAID EXTENSION AND ALONG A WEST LINE OF SAID DESCRIBED LANDS
TO A NORTH LINE OF SAID DESCRIBED LANDS; THENCE N88°55’53”E, 622.10
FEET ALONG SAID NORTH LINE TO THE WEST RIGHT-OF-WAY LINE OF NORTH
MAIN STREET; THENCE S00°26’32”E, 665.24 FEET ALONG SAID WEST RIGHT-OF-
WAY LINE TO THE NORTH LINE OF THE SOUTHWEST ¼ OF SECTION 1; THENCE
S00°33’16”E, 165.51 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO THE
SOUTH LINE OF LANDS DESCRIBED IN DOCUMENT NUMBER 944790; THENCE
S88°56’29”W, 623.03 FEET ALONG SAID SOUTH LINE; THENCEN00°24’02”W,
165.43 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINS 517,025
SQUARE FEET OR 11.869 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.
NOVEMBER 10, 2015 15-480 ORDINANCE
FIRST READING CONTD
SECTION 4. Said property hereinabove described is hereby zoned M-3 General
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 #3 3400 BLOCK
NORTH MAIN STREET on November 24, 2015. This Ordinance annexes Storm Water
Utility #3 3400 Block North Main Street to the City from the Town of Oshkosh. 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.
�
O.lHKOlH
ON THE WATEP
TO: Honorable Mayor and Members of the Common Council
FROM: Jeffrey Nau
Associate Planner 'f,
DATE: November 4, 2015
RE: Approve Request to Annex to City from Town of Oshkosh; Storm Water Utility
Annexation #3; 3400 Block North Main Street (Plan Commission Recommends
Approval)
BACKGROUND
The City of Oshkosh requests approval of the Storm Water Utility Annexation #3 of approximately
11.869 acres of City-owned land located in the Town of Oshkosh, along the west side of the 3400
Block of N. Main Street. The property is undeveloped; formerly being used agriculturally and has a
Town of Oshkosh zoning designation of M-1 Light Industrial and a Winnebago County zoning
designation of I-1, Light industrial District. The surrounding area is comprised of industrial uses to the
north, south and east (located in the city), and agricultural and single-family residential uses to the
west (located in the Town of Oshkosh). The Comprehensive Plan designates this area as appropriate
for industrial uses.
ANALYSIS
The City requests approval of the Storm Water Utility Annexation #3 with a temporary and permanent
zoning of M-3, General Industrial District to match the existing M-3 City zone district to the north,
south and east, and also be to be consistent with the Comprehensive Plan's industrial land use
recommendation.
In the summer of 2014 the Oshkosh Common Council established Tax Incremental District #27: North
Main Street Industrial TID. The primary purpose of the TID is facilitating the development of public
utility improvements to assist and encourage new industrial development, redevelopment and
expansion of businesses in the North Industrial Park area by reducing or eliminating the need for on-
site retention ponds in favor of the approach of developing regional storm water management
facilities, which the City now routinely incorporates into all new industrial and business parks. The
North Industrial Park and surrounding area was developed prior to modern storm water regulations
and current storm water regulations can require significant areas be devoted to storm water
management. Many of the developments in the North Industrial Park and surrounding area have
already been intensely developed and thus constrained from future growth by storm water
requirements. New regional storm water basins will alleviate some of these onsite needs thus
allowing more expansion and development capability. TID #27 Project Plan includes a Proposed
Improvement Plan which identifies the subject acquisition area as one of three areas appropriate for
storm sewer and storm water detention.
The City recently finalized acquisition of the subject 11.869 acre site to allow the city to proceed with
the annexation, and design and construction of the proposed detention 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.
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 and construction of
the basin will be included in future Capital Improvements Programs and be funded jointly by the Storm
Water Utility and Tax Increment District #27.
RECOMMENDATION
The City of Oshkosh Plan Commission unanimously recommended approval of the proposed
annexation at its November 3, 2015 meeting.
The Storm Water Utility Annexation #3 is in the best interest of the City and I recommend approval, as
requested.
Approved,
�' /� �`����_.
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City Manager
ITEM: STORM WATER UTILITY ANNEXATION #3
Plan Commission meeting of November 3, 2015
GENERAL INFORMATION
Petitioner/Property Owner: City Administration
Action(s) Requested:
The petitioner is proposing direct annexation (by unanimous approval) of approximately 11.869
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 #3. It consists of
approximately 11.869 acres of city-owned land located in the Town of Oshkosh, at the 3400
block of N. Main St. The subject site consists of vacant, undeveloped land with a Town of
Oshkosh zoning designation of M-1 Light Industrial District and a Winnebago County zoning
designation of I-1 Light Industrial District. The surrounding area is comprised of industrial uses
to the north, south and east (located in the city), and agricultural and single-family residential
uses to the west (located in the Town of Oshkosh).
Subject Site
Existing Land Use
Undeve
�djacent Land Use and Zonin
Existing Uses
North Industrial
South Industrial
East Industrial
West � Residential &
Comprehensive Plan
Land Use Recommendation
10 Year Recommendation
20 Year Recommendation
ITEM-Storm Water UtilrryAnnexation #3
Zoning
M-1 (Town of Oshkosh) & I-1
Zoning
M-3 (City)
M-3 (City)
M-3 (City)
R-1 (Town of Oshkosh) & R-1
(Winneba�o Countvl
Land Use
Industrial
Industrial
ANALYSIS
The City requests approval of the Storm Water Utility #3 Annexation (by unanimous approval)
of approximately 11.869 acres of land located in the Town of Oshkosh. The City requests the
property be annexed with an M-3 General Industrial District zoning classification which is
consistent with the City's Comprehensive Land Use Plan for the area. The proposed M-3 zoning
is also consistent with the existing zonings and uses to the north, south and east of the subject
site.
In the summer of 2014 the Oshkosh Common Council established Tax Incremental District #27:
North Main Street Industrial TID. The primary purpose of the TID is facilitating the
development of public utility improvements to assist and encourage new industrial development,
redevelopment and expansion of businesses in the North Industrial Park area by reducing or
eliminating the need for on-site retention ponds in favor of the approach of developing regional
storm water management facilities, which the City now routinely incorporates into all new
industrial and business parks. The North Industrial Park and surrounding area was developed
prior to modern storm water regulations and current storm water regulations can require
significant areas be devoted to storm water management. Many of the developments in the
North Industrial Park and surrounding area have already been intensely developed and thus
constrained from future growth by storm water requirements. New regional storm water basins
will alleviate some of these onsite needs thus allowing more expansion and development
capability. TID #27 Project Plan includes a Proposed Improvement Plan which identifies the
subject acquisition area as one of three areas appropriate for storm sewer and storm water
detention (see attached plan). This annexation involves the proposed detention basin identified
as the Main Street Detention Basin.
The City hired engineering consultants Brown and Caldwell to perform a storm water
management study and complete a watershed storm water management plan for the Fernau
Avenue Drainage Basin to guide the city in addressing existing flooding problems, manage storm
water from future development in the watershed and reduce storm water pollution. Brown and
Caldwell identified the location of the subject annexation area, along the 3400 block of North
Main Street, as an area suitable to provide water quality and flood control for runoff from the
upstream area (the upstream areas served include a11 parcels north of the site fronting on Main
Street and fronting Jackson Street north of the north leg of Logan Drive).
The Department of Public Works recently finalized acquisition of the subject 11.87 acre site for
construction of the recommended storm water detention basin within the Fernau Avenue
Watershed. The land acquisition involves the partial acquisition of the two parcels that are
currently used for agricultural purposes. The 11.87 acre annexation area is 830 feet wide along
North Main Street extending approximately 623 feet west. The future/proposed detention basin
will allow for storm water runoff to collect at this location and reduce flooding to properties
within the watershed as well as providing water quality treatment to storm water runoff prior to
entering Lake Winnebago.
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
ITEM-Storm Water UtiliryAnnexation #3
addition of City infrastructure to provide flooding relief to properties located in the
aforementioned watershed. Municipal structures are conditional uses within the M-3 District;
therefore, the City will need Conditional Use Permit approval from Common Council prior to
construction of the proposed basin.
The Department of Public Warks has reviewed the request for annexation 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 the property.
Staff is in support of the 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 as well as allow for
continued industrial growth within the North Industrial Park.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the Storm Water Utility Annexation #3 with temporary and
permanent zoning of M-3 General Industrial District as requested.
The Plan Commission approved of the Storm Water Utility Annexation #3 as requested with a
zoning classification of M-3 General Industrial District. The following is the Plan Commission's
discussion on this item.
Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. He stated that the use is consistent with the City's
Comprehensive Plan and discussed the M-3 General Industrial District zoning classification
requested which is consistent with the existing zoning designations for properties adjacent to the
subject site. He also discussed the establishment of Tax Incremental District #27: North Main
Street Industrial TID and the purpose of it and reviewed the map of proposed improvements
inside and outside of the district displaying the locations of future detention basins. He also
discussed the storm water management study and watershed storm water management plan
completed for this area by a consultant which identified the subject site as suitable for a detention
basin to serve this area. He further explained how the construction of regional detention basins
will alleviate the need for onsite detention which will allow for new or expanded industrial
development in the North Industrial Park. He reviewed the site to be annexed and also stated
that the annexation request has been reviewed by the Oshkosh Fire and Police Departments and
they do not have any concerns with providing service to this area and the Department of Public
Works has indicated that the site will not require any utility services only eventual connections to
existing infrastructure.
Mr. Bowen arrived at 4: OS pm.
Mr. Thoms commented about the expansion of the Bemis facility in this area and questioned if
this was a driving factor for this request.
Steve Gohde, Assistant Directar of Public Works, responded that both the Bemis expansion and
ITEM-Storm Water Utrlity Annexation #3
the creation of the new TID District in this area were major factors with the proposed annexation
to allow for the creation of a regional detention basin at this site. He also discussed the area for
the detention basin and the Fernau Avenue Watershed and its benefits to the area.
Mr. Gray questioned why this annexation was referred to as Storm Water Utility Annexation #3.
Mr. Nau indicated that it was identified as such due to two previous annexations this year that
were identified as Storm Water Utility Annexations #1 and #2.
Mr. Gray then questioned if the Plan Commission would need to approve the detention basin
prior to its construction.
Mr. Nau responded that the detention basin will require a conditional use permit when the design
was prepared however at this point the request was for the annexation of the land that was
previously acquired for this purpose.
Mr. Thoms questioned if there was a reason for the M-3 General Industrial District zoning
classification being requested.
Mr. Nau responded that all city facilities require a conditional use permit for institutional type
uses and the zoning classification was selected to be consistent with the surrounding properties.
He further stated that the zoning classification may be changed after the new Zoning Ordinance
update is completed.
Motion by Gray to approve the Storm Water Utility Annexation #3 located at the 3400
block of N. Main Street from the Town of Oshkosh.
Seconded by Borsuk. Motion carried 8-0.
ITEM-Storm Water Utility Annexation #3
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Improvement
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• PETITION FO�R DIRECT A1`�TVEXA.TION �3Y UNANIl�ZOUS APPROVAL
TO THE COMMON COUNCIL OF THE CTTY OF OSHKOSH, �JINNEBAGO COUNTY, WISCONSIN:
WF�REAS, the un.dersigned consti.tuting all of the electors and all of the owners of real properiy in the
tenitory proposed� to be annexed; . -
NOW, TH�tEFORE, PETITTON IS HEREBY MADE by »n�nlmous approval pursuant to the provisions
of Sec. 66.0217(2) of the VJ'LSCOnsin Statirtes, for direct annexation to the Czty of Oshkosh, Wisconsin, from the
Town of Oshkosh, Wiffiebago County, Wisconsin, of the real estate hereinafter described.
That pursuant to Sec. 66.0217(2), petition is hereby ma.de without compliance�to the notice requirements of
Sec. 66.0217(4) of the Wisconsin Statutes.
That the cuaent population of the te�itory to be annexed as defined by Sec. 66.0201(2)(dm) of the
Wisconsi_n Sta.tutes is zero 0.
Tha.t ihe teaitory to be ann.exed is contigv.ous to the City of Oshkosh, is Iocated in the Town of Oshkosh,
Winnebago County, VTisconsin and i.s described as follows: .
STORM WAT'ER UTIGITY A1`1NEXATION #3
BEING PART OF 'I�E NORTHWEST 1/4 OF TAE SOUTHWEST 1/4 AND PA.RT OF THE SOUTHWEST 1/ OF THE
NOR'I�iWEST 1/<, ALL IN SECTION 1, TOWNSHIP 18 NORT$ RANGE 16 EAST, TOWN OF OSF�OSI3,
R�INNEBAGO COUNTY, WLSCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCIIIG AT THE
VJEST 1/a CORNER OF SEC'TION l; THENCE N88°56'02"E, 660.0� FEET ALONG TFIE SOLTI�i LINE OF T'HE
NORTHWEST'/4 OF SECTION 1 TO TAE SOUI�tL,Y EXTENSION OF A WEST LINE OF LANDS DESCRIBED
IN DOGUMEN'T NUMBER 944790 AND TT3E POINT OF BEGINNIl�IG; TI�NCE N00°24'02"W, 665.22 FEET
ALONG SAID EXTENSION AND ALONG A WEST L]NE OF SAID DES�RIBED LANDS TO A NORTH LINE OF
SAID DESCRIBED LANDS; THENCEN88°55'S3"E, 622.10 FEE'T ALONG SAIDNORTHLINE TO TT3E VJEST
RIGHT-OF-WAY LINE OF NORTFi MAIN STREET; THENCE S00°26'32'�, 665.24 FEET ALONG SAID VJEST
RIGHT-OF-WAY LTNE TO THE NORTH LINE OF TAE SOU'I'HWEST 1/4 OF SECT'ION 1; TFIENNCE S00°33' 16"E,
165.51 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO THE SOUTH LINE OF LANDS DESCR]BED IN
DOCLTIV�NT NUMBER 944790; TI-�NCE S88°56'29"W, 623.03 FEET ALONG SAID SOLTTH LINE; T�tCE
N00°24'02"W, 165.43 FEET TO THE POlNT OF BEGINNING. SAID AREA CONTAINS 517,025 SQUARE FEET
OR 11.869 ACRES, MORE OR LESS. � �
That attached hereto is a scale map reasonably showi.ng the boundaries of the following described teuitory to be
anneged and its relation to the municipalities involved.
NAll�
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Mark A. Rohloff
City Manager
CL'Ly Of OSI1k05h, WI �
POST OFFIC`E ADDRESS
P.O. Bog 1130
Oshkosh, VJI 54903-1130
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SIGNID
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QUALIFICATION
(elector andlor
Authorized Agent
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PETTTION FOR TEMPORARY AND PER:MANEN'T ZONING CLASSIFICA'TION
TO THE COMMON COUNCII, OF THE CITY OF OSHKOSH:
VJI-iEREA.S the undersigned are electors an.d/or property owners in the area being sought to
be annexed to fihe Cify of� Oshkosh, said area being more particularly described in a certai.n petitian
for ��n�mous annexationto the City of Oshkosh,
Stomi Water Utiliiy Annexation #3
...
VJHEREAS it is acl�owledged by the undersigned t1�a.t the submitting of this petition does
not in any mat#er attempt to make said petiti.on for direct annexation conditional upon this petition
or the action taken by the said Common Council pursuant t.o tbis petition.
NOW, T�iEREFORE, the Undersigned peiition the Common Council of the City of
Oshkosh that the ordi.nance anne�ng said teaitory include a provision temporarily designating the
classification for zoni.ng purposes, pursvant to Sec. 66.0217(8) of the Wi.sconsin Statutes, until the
zoning ordinance is amended as prescribed in Sec. 62.23('�(d) of the Wisconsin �Statutes, as
follows: .
. M-3 General In.dustrial District
Qnalification
- .(elector andlor
NAME POST OFFICE ADDRESS DATE 5IGNi+D rop�rty owner)
�� ��C���i l ���-�la-o J� �
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Mark A. Rohloff
City Manager P.O. Bog 1130
-City of Oshkosh, VJI Oshkosh, VJI 54903-1130 Authorized Agent
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�NNEXATION
3400 BLK N MAIN ST
?C: 11-03-15
JIS PUBLIC SERVICE CORP
?0 BOX 19002
�REEN BAY WI 54308-9002
CLEINSCHMIT, GEORGE R
3262 JACKSON ST
>SHKOSH WI 54901 0000
dOVA COUNSELING SERVICES
3240 JACKSON ST
)SHKOSH WI 54901-1208
LAKESIDE PACKAGING PLUS INC J&J HOLDINGS I LLC
1040 BREEZEWOOD LN 17101 ROYAZ COVE WAY
NEENAH WI 54956-4599 BOCA RATON FL 33496 2905
BEMIS HEALTHCARE PACKAGING
INC �
3500 N MAIN ST
osxxosx wz 54901-1233
CROWN CORK & SEAL CO INC
3475 N MAIN ST
OSHKOSH WI 54901 0000
TOWN OF, OSHKOSH
JEANNETTE MERTEN
1076 COZY LN
OSHKOSH WI 54901
d
CROWN CORK & SEAL CO USA
INC
1 CROWN WAY
PHILADELPHIA PA 19154-4501
DAVIS, DANIEL/PATRICIA
3370 JACKSON ST
OSHKOSH WI 54901 0000
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The City of Oshkash 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. PI'inting Date:10/14/2015 O.IHKOIH
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warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
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