HomeMy WebLinkAbout23. 18-107 FEBRUARY 13, 2018 FEBRUARY 27, 2018 18-81 18-107 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN
OF ALGOMA / PICKART ATTACHMENT; 9TH STREET ROAD
AND CLAIRVILLE ROAD
INITIATED BY: PAUL PICKART & MARY POLISHINKSI
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN
TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 6TH & 13TH
WARDS 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 Single Family
Residential 5 (SR-5); 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.
FEBRUARY 13, 2018 FEBRUARY 27, 2018 18-81 18-107 ORDINANCE
FIRST READING SECOND READING CONT'D
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 61h & 131h
Wards of said City and subject to Wisconsin Statutes and the amendments thereto:
ALL OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 3861, PART OF LOT 1 OF CERTIFIED
SURVEY MAP NUMBER 2374, PART OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 3861,
PART OF 9TH STREET ROAD AND PART OF THE SOUTHWEST 1/4 & SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4, ALL BEING LOCATED IN THE SOUTHWEST 1/4 & SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF
ALGOMA, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS
FOLLOWS:
COMMENCING FROM THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID
SECTION 20; THENCE S89°00'47"E, 340.83 FEET ALONG THE SOUTH LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 20 TO THE POINT OF BEGINNING;THENCE N00°31'01E,
1,327.03 FEET ALONG THE EXTENDED WEST LINE AND WEST LINE OF LOT 2 OF SAID
CERTIFIED SURVEY MAP NUMBER 3861, RECORDED AS DOCUMENT NUMBER 990476 IN
VOLUME 1, PAGE 3861, WINNEBAGO COUNTY REGISTER OF DEEDS, TO THE
NORTHWEST CORNER OF SAID LOT 2; THENCE S89°00'12"E, 1,314.68 FEET ALONG THE
NORTH LINE OF THE SOUTH 1/z OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE
S00°10'51"W, 1,326.90 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF
SAID SECTION 20;THENCE N89°00'47"W, 118.54 FEET ALONG SAID SOUTH LINE;THENCE
S01012'38"W,33.00 FEET TO A POINT ON THE SOUTH LINE OF 9TH STREET ROAD;THENCE
N89000'47"W, 200.92 FEET ALONG SAID SOUTH LINE; THENCE S01012'38"W, 7.00 FEET TO
A POINT ON THE SOUTH LINE OF 9TH STREET ROAD; THENCE N89000'47"W, 9.70 FEET
ALONG SAID SOUTH LINE; THENCE N00030'02"E, 330.02 FEET; THENCE N89000'47"W,
528.02 FEET; THENCE S00030'02"W, 25.01 FEET TO A POINT ON THE EXTENDED NORTH
LINE OF LOT 4 OF SAID CERTIFIED SURVEY MAP NUMBER 3861; THENCE N89000'47"W,
208.97 FEET ALONG SAID EXTENDED NORTH AND NORTH LINE OF LOT 4 TO THE
NORTHWEST CORNER OF SAID LOT 4; THENCE S00020'56"W, 305.01 FEET ALONG THE
WEST LINE AND EXTENDED WEST LINE OF SAID LOT 4 TO A POINT ON THE SOUTH LINE
OF SAID 9TH STREET ROAD;THENCE N89000'47"W, 256.64 FEET ALONG SAID SOUTH LINE
TO A POINT ON THE EXTENDED WEST LINE OF SAID LOT 2 OF CERTIFIED SURVEY MAP
NUMBER 3861; THENCE N00031'01"E, 40.00 FEET ALONG SAID EXTENDED WEST LINE TO
THE POINT OF BEGINNING.
SAID AREA CONTAINS 1,558,460 SQUARE FEET OR 35.777 ACRES, MORE OR LESS.
FEBRUARY 13, 2018 FEBRUARY 27, 2018 18-81 18-107 ORDINANCE
FIRST READING SECOND READING CONT'D
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 SR-5 Single
Family Residential 5 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 #18-107 APPROVE REQUEST TO ATTACH TO THE CITY FROM
TOWN OF ALGOMA / PICKART ATTACHMENT; 9TH STREET ROAD AND
CLAIRVILLE ROAD; on February 27, 2018. This ordinance attaches 35+/- acres of
property at 91h Street Road and Clairville Road from the Town of Algoma to the City 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.
TO: Honorable Mayor and Members of the Common Council
FROM: Jeffrey Nau
Associate Planner
DATE: February 8, 2018
RE: Approve Request to Attach to the City from Town of Algoma/ Pickart
Attachment; 91h Street Road & Clairville Rd.
BACKGROUND
The subject site consists of agricultural land located on the north side of W. 91h Street Road
approximately 300 feet east of Clairville Road in the Town of Algoma. The 35.777 acre property
is undeveloped and is currently farmed by the petitioner.
The petitioner is requesting the attachment to allow development of a proposed 65 lot single-
family subdivision. The petitioner is finalizing plans for a preliminary plat for the entire parcel
and is expected to be submitted to the City within the coming weeks for review and approval.
ANALYSIS
City sanitary sewer and water main is available on W. 91h Street Road located towards the eastern
portion of the property. Minor extensions of the utilities will be required to access the proposed
street connection to the north serving the subdivision. Other City services including police and
fire protection and trash collection will not be an issue as the site is adjacent to the City's
corporate limits to the south and approximately 300 feet to the east.
The proposed residential subdivision is consistent with the City's Comprehensive Land Use
Plan which recommends the subject site suitable for residential uses. The proposed attachment
is compliant with the terms of the intergovernmental agreement between the City and the Town
of Algoma, which has been fully implemented with a Cooperative Plan approved by the State
of Wisconsin. The Subject site is identified as Zone C City Expansion Area which is scheduled
to automatically attach on March 1, 2023. However, the agreement provides for earlier
attachments through unanimous consent of the property owners.
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
FISCAL IMPACT
The city will collect $7,800 for connection charges for construction of the water main and sanitary
sewer on W. 91h Street Road. The property will add approximately $40,000 in agricultural -
classed assessed value to the City's tax roll. When the subdivision is fully developed, it is
estimated the value will increase to over $16 million in assessed value in 2018 dollars.
RECOMMENDATION
The Pickart Voluntary Attachment request appears to be in the best interest to the City and staff
recommends approval of the attachment.
Respectfully Submitted,
IWZ441"'
Jeffrey Nau
Associate Planner
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
CSM 074
CSM 5880
LOT LOT LOT
1 2 2
589°00'12"E 1,314.68'
6
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SW ''14, SE 'A
SEC. 20-18-16
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LINE TABLE
LI: N69°00'47'W, 118.54'
L2: SO1°12'38'w, 33.00'
L3: SOl°I2'38'W, 7.00'
L4: N89°00'47'W, 9.70'
L5: S00°30'02'W, 25.01'
L6: NOO°31'01'E, 40.00'
CSM 6406
LOT
2
Town of Algoma
...................
City of Oshkosh
LOT I CSM 5206
N
—1-89°00'47"W- cj
I� LOT 1 W-0
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LOT 2
——-—— S
CITY OF OSHKOSH PICKART VOLUNTARY ATTACHMENT
PLANNING SERVICES DIVISION FROM THE TOWN OF ALGOMA
50 too 200
GRAPHIC Dm I ALL OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 3861, PART OF LOT 1
FegI OF CERTIFIED SURVEY MAP NUMBER 2374, PART OF LOT 3 OF
City SCALE: (IN FEET) linch=200 feet CERTIFIED SURVEY MAP NUMBER 3861. PART OF 9TH STREET ROAD
Of AND PART OF THE SOUTH W EST V 8 SOUTHEAST V. OF THE SOUTHWEST
Oshkosh DATE V., ALL BEING LOCATED IN THE SOUTHWEST V. 6 SOUTHEAST I/ OF THE
02-08-201 8 SOUTHWEST 'A OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 16 EAST,
DRAWN: TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN
Parcel
Parcel
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00202370202
002023702
0020238
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Attachment Area:
I
1,558,460 Square Feet/
0
35.777 Acres
I
To be Zoned SR -5
CS
3861
SE Y,, SE Y,
LOT
LOT
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SEC. 19-18-16
CSM 3861
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LOT
SEC. 20-18-16
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LOT
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BEGINNING
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CSM 2734
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SEC. 20-18-16
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LINE TABLE
LI: N69°00'47'W, 118.54'
L2: SO1°12'38'w, 33.00'
L3: SOl°I2'38'W, 7.00'
L4: N89°00'47'W, 9.70'
L5: S00°30'02'W, 25.01'
L6: NOO°31'01'E, 40.00'
CSM 6406
LOT
2
Town of Algoma
...................
City of Oshkosh
LOT I CSM 5206
N
—1-89°00'47"W- cj
I� LOT 1 W-0
E
LOT 2
——-—— S
CITY OF OSHKOSH PICKART VOLUNTARY ATTACHMENT
PLANNING SERVICES DIVISION FROM THE TOWN OF ALGOMA
50 too 200
GRAPHIC Dm I ALL OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 3861, PART OF LOT 1
FegI OF CERTIFIED SURVEY MAP NUMBER 2374, PART OF LOT 3 OF
City SCALE: (IN FEET) linch=200 feet CERTIFIED SURVEY MAP NUMBER 3861. PART OF 9TH STREET ROAD
Of AND PART OF THE SOUTH W EST V 8 SOUTHEAST V. OF THE SOUTHWEST
Oshkosh DATE V., ALL BEING LOCATED IN THE SOUTHWEST V. 6 SOUTHEAST I/ OF THE
02-08-201 8 SOUTHWEST 'A OF SECTION 20, TOWNSHIP 18 NORTH, RANGE 16 EAST,
DRAWN: TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN
REQUEST FOR UNANIMOUS VOLUNTARY ATTACHMENT PETITION
TO THE COMMON COUNCIL, OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN:
WHEREAS, the City of Oshkosh and Town of Algoma have adopted a Cooperative Plan as set forth in s.
66.0307, Wis. Stats., approved by the Wisconsin Department of Administration, that identifies areas within the Town
of Algoma as expansion areas for the City of Oshkosh;
WHEREAS, the undersigned represent all of the owners of the territory to be attached to the City of Oshkosh
from the Town of Algoma;
WHEREAS, the proposed territory to be attached is located within the designated City Expansion Area of the
Town of Algoma to the City of Oshkosh;
WHEREAS, the current population of the territory to be attached as defined by Sec. 66.0201(2)(dm) of the
Wisconsin Statutes is Zero (0)
NOW, THEREFORE, THIS PETITION IS HEREBY MADE for unanimous voluntary attachment, pursuant to
the provisions of the approved Cooperative Plan between the City of Oshkosh and the Town of Algoma, for
attachment to the City of Oshkosh, Wisconsin, from the Town of Algoma, Winnebago County, Wisconsin, of the real
estate hereinafter described as follows:
PICKART VOLUNTARY ATTACHMENT
SEE ATTACHED
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.
NAME
POST OFFICE ADDRESS
DATE
SIGNED
QUALIFICATION
(elector and/or
property owner)
Aw �, &W
3420 W. 9th Ave.
�Z
Paul A. Pickart
Oshkosh, WI 54904
Owner
�
2367 Hamilton St.
Oshkosh, WI 54901
/
Mary Polishinski
Owner
PETITION FOR TEMPORARY & 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 attached to the City of Oshkosh, said area being more particularly described in a certain petition
for unanimous attachment to the City of Oshkosh,
Pickart Voluntary Attachment,
and,
WHEREAS it is acknowledged by the undersigned that submitting of this petition does not
in any matter attempt to make said petition for attachment 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 attaching 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:
Single Family Residential — 5 (SR -5) District
Qualification
(elector and/or
NAME
POST OFFICE ADDRESS
DATE SIGNED
propertyi owner)
A"z )UW,/
115l/
Paul A. Pickart
3420 W. 9"' Ave.
✓l/
Oshkosh, WI 54904
Owner
r
MaryAlishinski
2367 Hamilton St.
l
Owner
Oshkosh, WI 54901