HomeMy WebLinkAbout22. 16-240MAY 10, 2016 16-240 ORDINANCE
FIRST READING
(CARRIED_______LOST___0-7___LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE DETACHMENT OF TERRITORY; ZILLGES
INITIATED BY: ZILLGES REAL ESTATE, LLC
PLAN COMMISSION RECOMMENDATION: Denial
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH DETACHING CERTAIN
TERRITORY FROM THE CITY OF OSHKOSH
The Common Council of the City of Oshkosh do ordain as follows:
WHEREAS, a petition has heretofore been signed by owners of the real property
within such territory to be detached, pursuant to Section 66.022 of the Wisconsin Statutes;
and
WHEREAS, a copy of said petition to detach territory together with a description
of the territory and a scale map showing the boundaries of such territory having been filed
with the City Clerk of the City of Oshkosh and the Town of Oshkosh; and
WHEREAS, the Plan Commission of the City of Oshkosh has recommended that
said request for detachment from the City of Oshkosh be denied.
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
SECTION 1. The territory described in the attached “Exhibit A” is hereby detached
from the City of Oshkosh, a municipal corporation located in Winnebago County, more
specifically from the 12th Ward of said City, subject to Wisconsin Statutes and the
amendments thereto.
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.
MAY 10, 2016 16-240 ORDINANCE
FIRST READING CONT’D
SECTION 3. The proper City officials are hereby authorized and directed to
comply with the requirements of Section 66.022 of the Wisconsin Statutes and the City
Clerk shall give written notice to the appropriate Town Clerk of the acceptance of this
detachment of territory and the adoption of this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 5. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #16-xxx APPROVE DETACHMENT OF TERRITORY; ZILLGES; on
September 6, 2014. This Ordinance detaches the Zillges Property from the City of
Oshkosh to 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.
EXHIBIT A
NOTICE OF INTENTION TO CIRCULATE A PETITION OF DETACHMENT
PLEASE TAKE NOTICE, the undersigned Owner of the Property will petition the City
of Oshkosh and the Town of Oshkosh for an Order to detach the following described real estate
from the City of Oshkosh and it will then become a part of the Town of Oshkosh:
That part of the North East 1/4 of the SOUTH WEST 1/4 and of the South % of the SOUTH
WEST 1/4 and of the South West 1/4 of the SOUTH EAST 1/4, all in Section Thirty-four (34),
Township Nineteen (19) North, of Range Sixteen (16) East, Town of Oshkosh, now in the
Twelfth Ward, City of Oshkosh, Winnebago County, Wisconsin, described as follows, viz: -
Commencing at the point of intersection of the center line of State Trunk Highway No. 110 with
the South line of said Section, said point of intersection being Two Hundred Sixty -three (263)
feet East of the Southwest corner of the South East 1/4 of the South West 1/4 of said Section, the
place of beginning, thence East, along the South line of said Section, One Thousand Twenty-nine
and Two - tenths (1029.2) feet; thence North 4° East, One Thousand Three Hundred (13 00) feet;
thence North 65° West to the center line of a water course or Slough, commonly known as the
Butte des Morts Slough; thence Southwesterly, along the center line of said Slough, to the center
line of said State Trunk Highway No. 110; thence Southeasterly, along the Center line of said
State Trunk Highway No. 110, to the place of beginning, excepting therefrom Tract "1"
according to Certified Survey Map filed in Volume 1 of Survey Maps on Page 347, as Document
No. 517181.
LLC.
PLEASE TAKE NOTICE that this Property is owned in its entirety by Zillges Real Estate
Dated this % fti day of March, 2016.
ZILLGES REAL ESTATE, LLC
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By:
Timothy L. ZiOes
O
MEMORANDUM
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ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: May 5, 2016
RE: Approve Detachment of Territory; Zillges (Plan Commission Recommends
Denial)
BACKGROUND
The subject property is located at the northeast corner of Stearns Drive (formerly State
Highway 110) and W. Snell Road (formerly Fountain Avenue) which annexed into the City of
Oshkosh in 1991 as part of the 347 acre State Road 110 Annexation. The property was
(prior to annexation) and continues to be used as a contractors yard /landscape business
( Zillges Materials) and has a zoning designation of M -1 PD Light Industrial District with a
Planned Development Overlay. The irregular- shaped site is bounded by U.S. Highway 45 to
the west, a creek to the north, unimproved Edison Drive to the east and W. Snell Road to the
south. The surrounding land uses include U.S. Highway 45 to the west, agricultural lands
and single family to the north, a mobile home park to the east, and single family, commercial
and institutional uses to the south.
ANALYSIS
The petitioner is proposing a detachment (by unanimous approval) of 37.09 acres of land
including 1.71 acres of public right -of -way currently located in the City of Oshkosh. The City
received a Notice of Intention to Circulate a Petition of Detachment, a copy of the publication
in the Oshkosh Northwestern however no narrative was submitted providing further
information on this request. The property has been in the City for 25 years and the
detachment would result in increasing the size of the balloon of the existing "balloon string"
town connection which is contrary to good planning principles and urban development as it
makes providing services less efficient for both cities and towns. The Department of Public
Works reported that the site is connected to City sanitary sewer and water main and these
connections would be required to be severed and the property would need to reestablish on-
site services if the property would detach. The detachment would require approval by a
super majority (6 out of 7 members) of the Common Council and also by the Town of
Oshkosh Board to accept reattachment and staff is of the opinion that the request is not in the
best interest of the City.
FISCAL IMPACT
Approximately $1.1 million in equalized value would be removed from the property tax rolls as
would the ability to assess the property for street improvements being done for Snell Road.
RECOMMENDATION
The Plan Commission recommended denial of the detachment of property from the City at its
May 3, 2016 meeting; staff recommends waiving rules for second reading and recommends
denial following first reading.
Respectfully Submitted,
Darryn Burich
Director of Planning Services
Approved,
Mark Rohloff
City Manager
45
UP
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These map(s)/datasets are provided for information purposes only and may not be sufficient or Of HKO-f H
appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS" without ON THE WATER
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ITEM: ZILLGES DETACHMENT
Plan Commission meeting of May 3, 2016
GENERAL INFORMATION
Petitioner: Reff Baivier Bermingham & Lim on behalf of Zillges Real Estate, LLC
Property Owner: Zillges Real Estate, LLC
Action(s) Requested:
The petitioner is proposing a detachment (by unanimous approval) of approximately 37.09 acres of
land, including approximately 1.71 acres of public right -of -way, currently located in the City of
Oshkosh.
Applicable Ordinance Provisions:
Requirements concerning detachments of territory are located within Section 66.0227 of the Wisconsin
State Statutes.
Property Location and Background Information:
The subject property is located at the northeast corner of Stearns Drive (formerly State Highway 110)
and W. Snell Road (formerly Fountain Avenue) which annexed into the City of Oshkosh in 1991 as
part of the 347 acre State Road 110 Annexation. The property was (prior to annexation) and continues
to be used as a contractors yard /landscape business ( Zillges Materials) and has a zoning designation of
M -1PD Light Industrial District with a Planned Development Overlay. The irregular- shaped site is
bounded by U.S. Highway 45 to the west, a creek to the north, unimproved Edison Drive to the east
and W. Snell Road to the south. The surrounding land uses include U.S. Highway 45 to the west,
agricultural lands and single family to the north, a mobile home park to the east, and single family,
commercial and institutional uses to the south.
Subject Site
Existing Land Use
Zonin
Industrial /Contractors Yard
M -1PD (City)
Adjacent Land Use and Zoning
Exis tin Uses
Zoning
North -
- - - - --
Family Residence
- -- - - --
R -1 & R -3PD (City)
---------------------------
Commercial
C-2PD, R -3PD (City), B -1, R -I
South
- - - - - --
Commercial, Residential & Institutional
---------------------------------------------
(Town of Oshkosh)
----- - - - - --
East
Mobile Home Park
R -3PD (City)
- - - - - --
L. West
---------------------------------------------
Vacant/Undeveloped
I R -I & R -1PD (City)
Comprehensive Plan
Land Use Recommendation
Land Use
10 Year Recommendation
Commercial
20 Year Recommendation
Commercial
ANALYSIS
The City received this request from correspondence delivered by Attorney Michael Lim. Included was
a Notice of Intention to Circulate a Petition of Detachment filed with the Oshkosh Northwestern, a
copy of the publication, and legal description of the property to be detached. No narrative was
supplied to provide further information on this request.
This request is unique; the City has never received a request for a detachment of property that has been
in the City for 25 years. The resulting detachment would result in increasing the size of the balloon of
the existing "balloon string" town connection which in itself is contrary to good planning principles
and urban development. Usually it is the goal of municipalities to eliminate these "islands" of town
territory to achieve homogeneity. This promotes efficiency for both cities and towns to provide
services.
The Department of Public Works has reviewed the request and reported that the site is connected to
City sanitary sewer and water main. If the property were to detach, these connections would required
be severed, requiring the property to reestablish its own water supply and on -site sanitary system.
After review by the Plan Commission, this request will be considered by the Oshkosh Common
Council where a super majority (6 out of 7 members) will be needed to approve the detachment
request. Concurrently, the Town of Oshkosh Board will need a super majority to accept reattachment
of the property.
RE COMMENDATION /CONDITIONS
Staff is in the opinion that the proposed detachment request is not in the best interest of the City and
recommends denial.
The Plan Commission denied the requested detachment. 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 discussed the history of the site which was annexed into the City
in 1991 and discussed the current use of the property as a contractors yard /landscape business (Zillges
Materials) which has a zoning designation of M -1PD Light Industrial District with a Planned
Development Overlay. He reviewed the site plan depicting the area proposed to be detached and
distributed copies of the publication from the Oshkosh Northwester for the petition requesting the
detachment of the property. He further stated that no narrative was submitted with this request
explaining the reason for the detachment and reviewed a map of the area depicting the location of both
Town and City parcels. He discussed that there was only one other parcel adjacent to this site that was
still within the Town of Oshkosh jurisdiction and the detachment of this site was contrary to good
planning principles as it does not promote efficiency in providing services. He also discussed that the
site currently is connected to City sanitary sewer and water main and if detached, would be required to
sever these connections and establish its own water supply and sanitary system on -site.
Mr. Thoms questioned if the City had any knowledge as to why this request is being brought forward
by the property owner.
Mr. Nau responded negatively.
Mr. Gray inquired if the City and Town of Oshkosh have a cooperative agreement in place between the
ITEM - Zillges Detachment 2
two entities.
Mr. Nau again responded negatively.
Mr. Gray then inquired if the City would have to vacate the public right -of -way if the detachment
would be approved.
Mr. Nau replied that he had contacted the State regarding this matter and they were looking into case
law relating to the issue however they did feel that they would need to have the right -of -way included
to enable the property to detach from the City as some connection to the Town via right -of -way would
be required.
Ms. Lohry commented that the Grundy Quarry was nearby and questioned if the detachment request
was initiated to establish a quarry use on the site.
Jim Erdman, Chairman for the Town of Oshkosh, stated that the property does not require a lot of
services provided by the City and that on -site services can be obtained for both water and sanitary
services needs. He further discussed other services such as snow plowing which he also felt would not
be an issue as the east half of the area is serviced by the City and the west half by the Town. He
continued to discuss other services such as fire and police protection which he felt the property was not
in need of and that any issues related to those services could be adequately provided for by the Town.
He stated that the taxes were higher in the City than in the Town as fewer services were provided by
the Town and discussed the several pockets of Town parcels that are located in the area creating the
balloon and existing balloon string town connection. He also discussed the cooperative agreements in
place with all the other towns surrounding the City and that there is not one between the City and
Town of Oshkosh and that he did not feel that the City's expansion efforts will be hampered by this
action.
Mr. Gray questioned if the Town has taken any action in regard to this request.
Mr. Erdman responded that they have not as it was discussed with the property owner about a year ago
but they have not heard from him since regarding the matter.
Ms. Lohry questioned if the property owner desired to develop a quarry on the site, how the Town
would respond to this issue.
Mr. Erdman responded that the Town would not agree to any more quarries and that this property
would not be a good geographic site for this type of use.
Mr. Thoms questioned why Mr. Erdman would think that moving this property back into the Town
was a reasonable request as it is surrounded on all sides by City parcels.
Mr. Erdman replied that people annex into the City for the services provided and discussed the storm
water plans for Town properties which he felt was better maintained than the City as the City does not
maintain the ditches to control flooding issues and the storm water plans within the Town were more
effective as it maintains the flow of water through the use of ditches and swales.
Tom Zillges, 3815 Shorebird Court, owner of the property, stated that he desired to detach from the
City and re- attach to the Town as it was too expensive for his business to remain in the City as it was
difficult to compete. He discussed his costs relating to the City such as $16,000 for storm water
management, $60,000 for the upcoming road reconstruction, and that the taxes were also more costly
ITEM - Zillges Detachment
and that he could not stay in business if his property remained in the City. He further discussed his
reasons for annexing into the City years ago which was for services to be provided to the Castle Pierce
facility. He also commented on the storm water management and that the City does not maintain the
ditches like the Town did to control flooding issues and that there were no plans to establish a quarry
on the site.
Motion by Propp to approve a detachment ofproperty from the City of Oshkosh located at
1990 W. Snell Road.
Seconded by Borsuk.
Ms. Propp stated that she was sorry that the business was negatively affected however she cannot see
how the property could be detached as it was not good planning practices and that staff could work
with the property owner to try and defer some of the expense.
Ms. Lohry stated that she lived in the town for many years and she felt it was within a property
owner's right to detach their property from the city if they desired and some sort of agreement with the
City could be reached. She further stated that she would support this request.
Mr. Bowen commented that the approval of this detachment was bad planning principles and that this
body could not consider supporting this request. He further stated that the Common Council can
consider this and that the property owner may have a legitimate complaint regarding the expense of
being in the City however he could not support this request.
Mr. Thorns agreed and stated that it was not good planning practice and although he understood the
concept, he cannot see the City negotiating taxes for one property owner only and further discussed the
costs related to road reconstruction. He further stated that creating a lot within the Town in the middle
of City parcels does not make sense and that with road reconstruction, services still have to be installed
as they would have to reach the other properties beyond this site. He continued discussion on the
competitive market in the business realm however this request is not consistent with the
Comprehensive Plan and he would not support it.
Mr. Hinz discussed his personal feelings and Plan Commission responsibilities which are very
different and that supporting this request does not make sense from a planning aspect.
Motion denied 8 -1. ( Nays- Borsuk/Bowen/Thoms/Fojtik/Hinz /Cummings /Propp /hajgrt). (Ayes -
Lohry).
ITEM - Zillges Detachment
PETITION FOR DETACHMENT OF LAND FROM THE
CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
PLEASE TAKE NOTICE, that the undersigned Owners of the following described
Property lying and being in the City of Oshkosh, Winnebago County, Wisconsin, do hereby
petition the City of Oshkosh to detach said Property from the City of Oshkosh and it will then
become a part of the Town of Oshkosh:
That part of the North East 1/4 of the SOUTH WEST 1/4 and of the South %2 of the SOUTH
WEST 1/4 and of the South West 1/4 of the SOUTH EAST 1/4, all in Section Thirty-four (34),
Township Nineteen (19) North, of Range Sixteen (16) East, Town of Oshkosh, now in the
Twelfth Ward, City of Oshkosh, Winnebago County, Wisconsin, described as follows, viz: -
Commencing at the point of intersection of the center line of State Trunk Highway No. 110 with
the South line of said Section, said point of intersection being Two Hundred Sixty -three (263)
feet East of the Southwest corner of the South East 1/4 of the South West 1/4 of said Section, the
place of beginning, thence East, along the South line of said Section, One Thousand Twenty -nine
and Two - tenths (1029.2) feet; thence North 4° East, One Thousand Three Hundred (13 00) feet;
thence North 65° West to the center line of a water course or Slough, commonly known as the
Butte des Morts Slough; thence Southwesterly, along the center line of said Slough, to the center
line of said State Trunk Highway No. 110; thence Southeasterly, along the Center line of said
State Trunk Highway No. 110, to the place of beginning, excepting therefrom Tract "1 "
according to Certified Survey Map filed in Volume 1 of Survey Maps on Page 347, as Document
No. 517181.
LLC. The undersigned verifies that this Property is owned in its entirety by Zillges Real Estate
Dated this % *11 day of March, 2016.
ZILLGES REAL ESTATE, LLC
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DETACHMENT DANIEL E DOWLING CITY OF OSHKOSH
1990 W SNELL RD 3596 STEARNS DR PO BOX 1130
PC: 05 -03 -16 OSHKOSH WI 54904 -1001 OSHKOSH WI 54903 -1130
THOMAS L /FAYE A ZILLGES
2480 NICOLE CT
OSHKOSH WI 54904 -6400
ZILLGES REAL ESTATE LLC
1990 W SNELL RD
OSHKOSH WI 54904 -1027
STEARNS DRIVE DEVELOPMENT
2170 VELP AVE STE 106
GREEN BAY WI 54303 -6454
DONALD C HEPPNER ETAL
W2870 CTY RD H
PINE RIVER WI 54965 -8278
REFF BAIVIER BERMINGHAM LIM JEANNETTE MERTEN
ATTN MICHAEL LIM TOWN OF OSHKOSH CLERK
PO BOX 1190 1076 COZY LN
OSHKOSH WI 54903 -1190 OSHKOSH WI 54901
HERMAN PROPERTIES LLC
PEERENBOOM TROY A etal
2164 SCHNEIDER AVE
OSHKOSH WI 54904 0000
WISCONSIN MHP 6 LLC
PO BOX 457
CEDAREDGE CO 81413 -0457
OMNI GLASS & PAINT INC
3530 OMNI DR
OSHKOSH WI 54904 -8512
KELLY MEGAN /LINDA
1985 W SNELL RD
OSHKOSH WI 54904 0000
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The City of Oshkosh 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.
These map(s) /datasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS" without
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
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The City of Oshkosh 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.
These map(s) /datasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS' without
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
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appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS" without
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