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HomeMy WebLinkAbout13. 16-518OCTOBER 25, 2016 NOVEMBER 9, 2016 16-505 16-518 ORDINANCE FIRST READING SECOND READING (CARRIED 7-0 LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE REQUEST TO ANNEX TO THE CITY FROM THE TOWN OF OSHKOSH / OLSEN ANNEXATION, 2508 SHOREWOOD DRIVE 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 OCTOBER 25, 2016 NOVEMBER 9, 2016 16-505 16-518 ORDINANCE FIRST READING SECOND READING CONT’D 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 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 R-1 Single Family Residence District. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: BEING PART OF LOTS 1 AND 2 IN THE REPLAT OF OAKWOOD BEACH PLAT AND ADJACENT SOUTH ½ OF SHOREWOOD DRIVE RIGHT-OF-WAY ALL LOCATED IN THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 12, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE SOUTH 88° 54’59” WEST, 290.68 FEET ALONG THE NORTH LINE OF SAID SECTION 12; THENCE SOUTH 00°33’00” EAST, 2,178.57 FEET ALONG A LINE PARALLEL TO AND WEST OF THE EAST LINE OF SAID SECTION 12 TO THE POINT OF BEGINNING; THENCE SOUTH 47°51’36” EAST, 164.89 FEET TO A POINT ON A MEANDER LINE, SAID POINT BEING NORTH 47°51’36” WEST, 11.00 FEET MORE OR LESS FROM THE SHORELINE OF LAKE WINNEBAGO; THENCE SOUTH 30°03’33” WEST, 66.05 FEET ALONG SAID MEANDER LINE TO A POINT THAT IS NORTH 42°03’00” WEST, 3.00 FEET MORE OR LESS FROM THE SHORELINE OF SAID LAKE; THENCE NORTH 42°03’00” WEST, 191.92 FEET TO A POINT ON A CURVE ON THE CENTERLINE OF SHOREWOOD DRIVE; THENCE NORTHEASTERLY 46.82 FEET ALONG THE ARC OF A 328.30 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, WHOSE CHORD BEARS NORTH 57°17’19” EAST, 46.79 FEET TO THE POINT OF BEGINNING. ALSO INCLUDING ALL OCTOBER 25, 2016 NOVEMBER 9, 2016 16-505 16-518 ORDINANCE FIRST READING SECOND READING CONT’D LANDS LYING BETWEEN SAID MEANDER LINE AND THE SHORELINE OF LAKE WINNEBAGO AND THE EXTENSION OF THE NORTHERLY AND SOUTHERLY BOUNDARY LINES TO SAID SHORELINE. SAID PARCEL CONTAINS APPROXIMATELY 10,814 SQUARE FEET OR 0.248 ACRES, MORE OR LESS. 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: 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. 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 from and after its passage and publication. SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #16-518 APPROVE REQUEST TO ANNEX TO THE CITY FROM THE TOWN OF OSHKOSH/ OLSEN ANNEXATION, 2508 SHOREWOOD DRIVE on November 9, 2016. This Ordinance annexes 2508 Shorewood Drive 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. C tyri'w Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Jeffrey Nau Associate Planner DATE: October 20, 2016 RE: Approve Request to Annex to the City from the Town of Oshkosh / Olsen . Annexation, 2508 Shorewood Drive (Plan Commission recommends approval) BACKGROUND Donald & Judith Olsen, owners, request approval of the Olsen Annexation (by unanimous approval) of approximately 0.248 acres of land located at 2508 Shorewood Drive in the Town of Oshkosh. The property contains a single family dwelling and accessory outbuildings. Currently, the property has a Town of Oshkosh zoning designation of R -2, Suburban Residential District (Subdivided). ANALYSIS The owner /petitioner is requesting the property be annexed with a R -1 Single Family Residence District zoning classification to permit its existing use, match the zone district of city properties surrounding the subject site and be comparable with the existing Town of Oshkosh R -2 Suburban Residential District (subdivided) zoning. The purpose of the annexation is to allow the owners to connect to city sanitary sewer due to a failing septic system. The property will simultaneously connect to city water main. The Comprehensive Plan designates this area as appropriate for residential use. The Oshkosh Police and Fire Departments have reviewed the request and do not have any concerns with providing services to this property. The Department of Public Works has reviewed the request and city facilities (sanitary sewer and water main) are readily available for connections. The annexation is currently under review by the Wisconsin Department of Administration which has 20 days to provide a recommendation to the City and Common Council whether or not the annexation is in the best interest to the City. It is anticipated the review will be completed by November 4th. Afterwards, the Common Council may approve the annexation at its November 8th meeting. FISCAL IMPACT The City will not be required to extend utilities or provide services that are not already provided to the area. $1,610.00 will be collected for connection charges for the construction of sanitary sewer and water main in 1975 and sewer /water laterals installed in 1984. As the City has not yet reached a boundary agreement with the Town of Oshkosh, the City will be required to pay the Town five years worth of property taxes lost by the Town due to this annexation which amounts to $146.37 per year or a total of $731.85 over five years. The annexation will add approximately $229,300 in assessed value to the city. RECOMMENDATION The Plan Commission recommended approval of the Olsen Annexation at its October 18, 2016 meeting. Res e t lly Submitted, Approved, -4W Jeffrey Nau Mark Rohloff Associate Planner City Manager 80.0' �2 946 938 MEMO ONME, 20.0' 1A 77;x 60, N 1 in = 0. 02 mi I in = 80 ft A in The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the i -des and other feature from a variety of sources. appro)dmate relative location of property, boundaries These map(s)/datasets are provided for information purposes only and may not be sufficient or Printing Date: 10/10/2016 appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS" without Oshkosh warranties of any kind and the City of Oshkosh assumes no Lability for use or misuse. Prepared by: City of Oshkosh, W1 JAGISTIanningPlan Commission Site Plan Map TemplatekPlan Commission Site Plan Map Template.mxd User. katieb 0 ITEM: OLSEN ANNEXATION Plan Commission meeting of October 18, 2016 GENERAL INFORMATION Petitioner/Property Owner: Donald & Judith Olsen Action(s) Requested: The petitioner is proposing direct annexation (by unanimous approval) of approximately 0.248 acres of land currently located in the Town of Oshkosh. Applicable Ordinance Provisions: Requirements concerning annexation 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: Donald and Judith Olsen requests approval of the Olsen Annexation of approximately 0.248 acres of land located at 2508 Shorewood Drive in the Town of Oshkosh. The property is developed with a single- family dwelling and has a Winnebago County zoning designation of R -2, Suburban Residential District. Subiect Site Existing Land Use Zoning Single-Family Dwelling R -2 (County) Adjacent Land Use and Zoning Comvrehensive Plan Land Use Recommendation Land Use 10 Year Recommendation Residential 20 Year Recommendation Residential ANALYSIS The petitioner requests approval of the Olsen Annexation (by unanimous approval) of approximately 0.248 acres of land located in the Town of Oshkosh. They request the property be annexed with an R- 1 Single Family Residence District zoning classification to match the surrounding R -1 City zone district and is comparable to the existing County R -2 Suburban Residential District (Subdivided) zoning. The purpose of the annexation is for the property to obtain city sanitary sewer due to a failing septic system. The home will also connect to city water. The Comprehensive Plan designates this area as appropriate for residential use and the proposed zoning permits the existing single family use for the property. The Department of Public Works has reviewed the request and reported that City sanitary sewer and water main were constructed in front of the property in 1975. Sanitary sewer and water laterals were stubbed to the property line in 1984. Oshkosh Fire and Police Departments have reviewed the annexation request and do not have any concerns with providing services to this property. RECOMMENDATION /CONDITIONS Staff recommends approval of the Olsen Annexation with temporary and permanent zoning of R -1 Single Family Residence District as requested. The Plan Commission approved of the Olsen Annexation with temporary and permanent zoning of R- 1 Single Family Residence District of requested. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and discussed the existing use of the property as a single - family home and that the site is surrounded by other city properties. He reviewed the site and surrounding area and stated that the request to annex into the city was due to a failing septic system. He further stated that the annexation with the proposed R -1 zoning designation was consistent with the Comprehensive Plan and that the Department of Public Works reported that City sanitary sewer and water main were available to serve the site and the Oshkosh Police and Fire Departments have reviewed the request and do not have any concerns with providing services to this property. Mr. Thoms questioned if it would be the owner's responsibility for the lateral stub to be extended to this property and if the septic system would have to be vacated. Mr. Nau responded that the owner would be responsible for the connection to the home and that the septic system would need to be abandoned within one year although they would be able to maintain the well if desired. Mr. Gohde added that the Wisconsin Department of Natural Resources dictates the requirements regarding the septic system however there was a one year requirement to vacate it once connected to city sanitary services. Mr. Thoms then questioned if the Town of Oshkosh supported the annexation. Mr. Nau replied that the city has not had any contact from the town regarding this matter. Mr. Burich added that the towns usually do not support annexations into the city however it was necessary in this case to provide the sanitary services required. Mr. Thoms questioned if the entire street was already city parcels. ITEM — Olsen .Annexation Mr. Nau displayed areas in this vicinity that are city and town parcels as this area is a mix of both with town parcels still existing to the north. Mr. Kiefer inquired if the properties on the map that show a numbered address indicated that they were city parcels. Mr. Nau responded that these numbers were for identification references only. Motion by Thoms to approve the annexation for property located at 2508 Shorewood Drive in the Town of Oshkosh with a temporary and permanent zoning designation of R -1 Single Family Residence District. Seconded by Hinz. Motion carried 5 -0. ITEM — Olsen Annexation PETITION FOR DIRECT ANNEXATION BY UNANIMOUS APPROVAL TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN: WHEREAS, the undersigned constituting all of the electors and all of the owners of real property in the territory proposed to be annexed; NOW, THEREFORE, PETITION IS HEREBY MADE by unanimous approval pursuant to the provisions of Sec. 66.0217(2) of the Wisconsin Statutes, for direct annexation to the City of Oshkosh, Wisconsin, from the Town of Oshkosh, Winnebago County, Wisconsin, of the real estate hereinafter described. That pursuant to Sec. 66.0217(2), petition is hereby made without compliance to the notice requirements of Sec. 66.0217(4) of the Wisconsin Statutes. That the current population of the territory to be annexed as defined by Sec. 66.0201(2)(dm) of the Wisconsin Statutes is zero 0 . That the territory to be annexed is contiguous to the City of Oshkosh, is located in the Town of Oshkosh, Winnebago County, Wisconsin and is described as follows: OLSEN ANNEXATION BEING PART OF LOTS 1 AND 2 IN THE REPLAT OF OAKWOOD BEACH PLAT AND ADJACENT SOUTH 1/2 OF SHOREWOOD DRIVE RIGHT -OF -WAY ALL LOCATED IN THE SOUTHEAST 1/40F THE NORTHEAST 1/40F SECTION 12, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE SOUTH 88° 5459" WEST, 290.68 FEET ALONG THE NORTH LINE OF SAID SECTION 12; THENCE SOUTH 00 °33'00" EAST, 2,178.57 FEET ALONG A LINE PARALLEL TO AND WEST OF THE EAST LINE OF SAID SECTION 12 TO THE POINT OF BEGINNING; THENCE SOUTH 47 051136" EAST, 164.89 FEET TO A POINT ON A MEANDER LINE, SAID POINT BEING NORTH 47 051'36" WEST, 11.00 FEET MORE OR LESS FROM THE SHORELINE OF LAKE WINNEBAGO; THENCE SOUTH 30 °03'33" WEST, 66.05 FEET ALONG SAID MEANDER LINE TO A POINT THAT IS NORTH 42 003'00" WEST, 3.00 FEET MORE OR LESS FROM THE SHORELINE OF SAID LAKE; THENCE NORTH 42 °03'00" WEST, 191.92 FEET TO A POINT ON A CURVE ON THE CENTERLINE OF SHOREWOOD DRIVE; THENCE NORTHEASTERLY 46.82 FEET ALONG THE ARC OF A 328.30 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, WHOSE CHORD BEARS NORTH 57 017'19" EAST, 46.79 FEET TO THE POINT OF BEGINNING. ALSO INCLUDING ALL LANDS LYING BETWEEN SAID MEANDER LINE AND THE SHORELINE OF LAKE WINNEBAGO AND THE EXTENSION OF THE NORTHERLY AND SOUTHERLY . BOUNDARY LINES TO SAID SHORELINE. SAID PARCEL CONTAINS APPROXIMATELY 10-B1� SQUARE FEET OR 0.248 ACRES, MORE OR LESS. t �. ACT It 3 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. 0 QUALIFICATION DATE (elector and/or NAME POST OFFICE ADDRESS SIGNED property owner) Donald H. Olsen 251 Highland Park Ave. Apt.- 434 1 rb =-r 1� Green Bay, WI 54302 Judith A. Olsen 251 Highland Park Ave. Apt. 434 ������ </ Owner �. Green Bay, WI 54302 0 PETITION FOR TEMPORARY AND PERMANENT 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 annexed to the City of Oshkosh, said area being more particularly described in a certain petition for unanimous annexation to the City of Oshkosh, Olsen Annexation, M WHEREAS it is acknowledged by the undersigned that the submitting of this petition does not in any matter attempt to make said petition for direct annexation 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 annexing 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. 62.23(7)(d) of the Wisconsin Statutes, as follows: R -1 Single Family Residence District NAME POST OFFICE ADDRESS DATE SIGNED Qualification (elector and/or proper t y owner) Donald H. Olsen 251 Highland Park Ave. Apt. 434 Green Bay, WI 54302 �Q Judith A. Olsen 251 Highland Park Ave. Apt. 434 Green Bay, WI 54302 ��j�� /C Owner OCT 13 2016 CITY CLERK'S OFFICE 5 I I I I cn m O Jti,J. r a' C _n N 1� 0 I N z o .N Z O co i SOL LS 8 l'Z 3 „0 OS ,z J co wo N �S A 0� cri m m I w 2Sj� m Ln CO �� f W A�q Ln o O N C Q I + O� 0 m o cn W m / Ln C4 Ln `D m + >a -------------- - - - - - -- — �- m = > r j C7 9l -BL -ZL '�35 3NIl 15V3 m z— Z o / n Z m ° a C) m �9 / FM m ' m 0 m� mz 5O AC / �c z mC Nm 0 0 > O y _ 0 0 NCn n / m0 z O= z z m i� r- / _ m --i00 m m Z J n D oon�a m NZ� ->V� p Cl) m / C. o"O Z r G7 y � aDor m c] O o o m / F H / N� c N Z n Co 7C W 0z_oz z - m N+ N�x.m >oz0JC z >x1 fZ - °V70 Z ° _Ln Ro X cl O�Lf) m m po f >m zip D m -TIWg fTl 0 Ln rn.Oi N .N /n m 0 0 0 O N O V D/ 06;'�mm Z ° o CD �n 5yFO ° L r zNmx a7 m �moo:E �� z .� o 0 N O\ m -P Z D cn p [n r o p D -- i J R1 p J D _ � O Vs 0 N - w D n J . G7 O m C7 C ZJ z 0 J a `r o1 Tp N M N J P W w ym o 4. n\ _ N ?0 w w W W m= �m w rn a W N p , N N m Z I N z o .N Z O co i SOL LS 8 l'Z 3 „0 OS ,z J co wo N �S A 0� cri m m I w 2Sj� m Ln CO �� f W A�q Ln o O N C Q I + O� 0 m o cn W m / Ln C4 Ln `D m + >a -------------- - - - - - -- — �- m = > r j C7 9l -BL -ZL '�35 3NIl 15V3 m z— Z o / n Z m ° a C) m �9 / FM m ' m 0 m� mz 5O AC / �c z mC Nm 0 0 > O y _ 0 0 NCn n / m0 z O= z z m i� r- / _ m --i00 m m Z J n D oon�a m NZ� ->V� p Cl) m / C. o"O Z r G7 y � aDor m c] O o o m / F H / N� c N Z n Co 7C W 0z_oz z - m N+ N�x.m >oz0JC z >x1 fZ - °V70 Z ° _Ln Ro X cl O�Lf) m m po f >m zip D m -TIWg fTl 0 Ln rn.Oi N .N /n m 0 0 0 O N O V D/ 06;'�mm Z ° o CD �n 5yFO ° L r zNmx a7 m �moo:E �� z .� o 0 ANNEXATION JAMES A/ROWENA N WERMES OLSEN, DONALD/JUDITH 2508 SHOREWOOD DR 2525 SHOREWOOD DR 251 HIGHLAND PARK AVE APT 434 PC: 10 -18 -16 OSHKOSH WI 54901 -1622 GREEN BAY WI 54302 TOWN OF OSHKOSH ATTN: JEANNETTE MERTEN EILEEN M RESCHESKE STEVEN H /KRISTINE WALTER 1076 COZY LN 2512 SHOREWOOD DR 2500 SHOREWOOD DR OSHKOSH WI 54901 OSHKOSH WI 54901 -1623 OSHKOSH WI 54901 -1623 7 80.0' 937 I _ �) o N cbp ry.Y 3 '"�_ ✓, }'rev,. y �' r :.jam ` .• a. tea.' r aglp W '�Q0 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. JAGIS\Planning\Plan Commission Site Plan Map TemplatelPlan Commission Site Plan Map Template.mxd 'mss .0 %A 19 N 1 in = 0.02 mi tin =80ft aty Printing Date: 10/10 /2016 Prepared by: City of Oshkosh, WI Oshkosh User. katie c 'jR Tr !Pik� c o o SUBJECT SITE OR Ml I _��1'r1Ji Ems. 0 stirIy�y ���+ R -1 PD 1•p© r t:1'PF17) n r% r% C-j1 NO q MA wu 0 k1 in = 1,000 ft I ,, wa. naucu 10