HomeMy WebLinkAbout38. 19-128 FEBRUARY 12, 2019 FEBRUARY 26, 2019 19-90 19-128 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM
TOWN OF NEKIMI/ SWIDERSKI VOLUNTARY ATTACHMENT
INITIATED BY: MICHAEL AKINS
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 Nekimi 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 Nekimi 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 Nekimi; and
WHEREAS, the proposed territory to be attached is located within the designated
Expansion Area of the Town of Nekimi to the City of Oshkosh; and
WHEREAS, the property owners have requested temporary zoning of Suburban
Mixed Use with Planned Development Overlay; and
WHEREAS, the Town Clerk for the Town of Nekimi has been provided with written
notice regarding the attachment in the time period specified by the approved Cooperative
Plan; and
WHEREAS, the Town of Nekimi has not filed an objection to the attachment with
the City.
FEBRUARY 12, 2019 FEBRUARY 26, 2019 19-90 19-128 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 13th Ward
of said City and subject to Wisconsin Statutes and the amendments thereto:
PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP
17 NORTH, RANGE 16 EAST, TOWN OF NEKIMI, WINNEBAGO COUNTY,
WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 17
NORTH, RANGE 16 EAST, ALSO BEING THE POINT OF BEGINNING; THENCE
S00016'34"W, 889.19 FEET ALONG THE EAST LINE OF SAID SECTION 5 TO THE
CENTERLINE OF STATE HIGHWAY 44; THENCE S53059'07"W, 823.31 FEET ALONG
SAID SECTION LINE TO THE EXTENDED EAST LINE OF CERTIFIED SURVEY MAP
NUMBER 3556 RECORDED AS DOCUMENT NUMBER 952724, WINNEBAGO
COUNTY REGISTER OF DEEDS; THENCE N0001824"E, 1,379.65 FEET ALONG SAID
EXTENDED EAST LINE AND EAST LINE OF SAID CERTIFIED SURVEY MAP AND
EAST LINE OF CERTIFIED SURVEY MAP NUMBER 3601 RECORDED AS
DOCUMENT NUMBER 957615, WINNEBAGO COUNTY REGISTER OF DEEDS TO A
POINT ON THE NORTH LINE OF SAID SECTION 5; THENCE S89027'05"E, 662.88
FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING.
SAID AREA CONTAINS 752,303 SQUARE FEET OR 17.271 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.
FEBRUARY 12, 2019 FEBRUARY 26, 2019 19-90 19-128 ORDINANCE
FIRST READING SECOND READING CONT'D
SECTION 4. Said property hereinabove described is hereby zoned Suburban
Mixed Use with Planned Development Overlay.
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 #19-128 APPROVE REQUEST TO ATTACH TO THE CITY FROM
TOWN OF NEKIMI/SWIDERSKI VOLUNTARY ATTACHMENT on February 26, 2019.
The ordinance attaches property to the City from the Town of Nekimi. 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 6, 2019
RE: Approve Request to Attach to the City from Town of Nekimi/ Swiderski
Attachment; South 4200 Block State Highway 91
BACKGROUND
The subject site consists of agricultural land located on the south side of State Highway 91 and
north of State Highway 44 approximately one mile southwest of Interstate 41 in the Town of
Nekimi. The 16.68 acre property is undeveloped and is currently leased by the petitioner for
agricultural purposes. An additional 0.591 acres is being attached which consists of State
Highways 91 & 44 right-of-way.
The petitioner is requesting the attachment to allow development of a proposed two-phase 152 -
unit, multi -building apartment complex. The petitioner is finalizing plans to apply a
Conditional Use Permit and Planned Development for a group residential development.
ANALYSIS
City sanitary sewer and water main is available on the north side of State Highway 91. A minor
extension of water main and crossing of Highway 91 will be required to service the property
and will be the responsibility of the developer. Other City services including police and fire
protection will not be an issue as the site is adjacent to the City's corporate limits to the north.
The petitioner is requesting a temporary and permanent zoning classification of Suburban
Mixed -Use with a Planned Development Overlay (SMU-PD) for the property. The proposed
multi -family residential subdivision is permitted within the SMU-PD District via Conditional
Use Permit and is consistent with the City's Comprehensive Land Use Plan 2040 which
recommends the subject site suitable for mixed-use development. The proposed attachment is
compliant with the terms of the intergovernmental agreement between the City and the Town
of Nekimi, which has been fully implemented with a Cooperative Plan approved by the State of
Wisconsin. The Subject site is identified as Undetermined City Expansion Area per Exhibit 1 of
the Intergovernmental Agreement which allows attachments to the city by unanimous consent.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
FISCAL IMPACT
The city will collect $11,598.27 for connection charges for water main service on State Highway
91. The property will initially add approximately $3,200 in agricultural -classed assessed value
to the City's tax roll. Per the developer's estimate, the development will have a value of
approximately $11.4 million.
RECOMMENDATION
Staff recommends approval of the Swiderski Voluntary Attachment as proposed.
Respectfu ly Submitted, Approved:
Jeffrey Nau
Associate Planner
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
91
44
City of Oshkosh maps and data are intended to be used for general identification purposes only, and
the City of Oshkosh assumes no liability for the accuracy of the information. Those using the
information are responsible for verifying accuracy. For full disclaimer please go to
www.ci.oshkosh.wi.us/GlSdisclaimer
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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 Nekimi 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 Nekimi as Undetermined City 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 Nekimi;
WHEREAS, the proposed territory to be attached is located within the designated Undetermined City
Expansion areas of the Town of Nekimi 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 Nekimi, for
attachment to the City of Oshkosh, Wisconsin, from the Town of Nekimi, Winnebago County, Wisconsin, of the
real estate hereinafter described as follows:
SWIDERSKI VOLUNTARY ATTACHMENT
fy-aWNUFE :1W7
That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be attached
and its relation to the municipalities involved.
NAME
POST OFFICE ADDRESS
DATE
SIGNED
QUALIFICATION
(elector and/or
property owner
7 UI�
Michael S. Akins,
Agent for Willow Anderson,
Benjamin Welch, Christine A. Bristol
2220 Keota Ln.
& Deborah L. Parsons
Superior, CO 80027
Owners
RECEIVED
FEB 0 4 2019
CITY CLERK'S OFFICE
SWIDERSKI VOLUNTARY ATTACHMENT FROM THE TOWN OF NEKIMI
PART OF THE NORTHEAST'/4 OF THE NORTHEAST'/4 OF SECTION 5, TOWNSHIP 17 NORTH,
RANGE 16 EAST, TOWN OF NEKIMI, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND
DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 17 NORTH, RANGE
16 EAST, ALSO BEING THE POINT OF BEGINNING; THENCE S00°16'34"W, 889.19 FEET ALONG
THE EAST LINE OF SAID SECTION 5 TO THE CENTERLINE OF STATE HIGHWAY 44; THENCE
S53059'07"W, 823.31 FEET ALONG SAID SECTION LINE TO THE EXTENDED EAST LINE OF
CERTIFIED SURVEY MAP NUMBER 3556 RECORDED AS DOCUMENT NUMBER 952724,
WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE N00°18'24"E, 1,379.65 FEET ALONG SAID
EXTENDED EAST LINE AND EAST LINE OF SAID CERTIFIED SURVEY MAP AND EAST LINE OF
CERTIFIED SURVEY MAP NUMBER 3601 RECORDED AS DOCUMENT NUMBER 957615,
WINNEBAGO COUNTY REGISTER OF DEEDS TO A POINT ON THE NORTH LINE OF SAID
SECTION 5; THENCE S89°27'05"E, 662.88 FEET ALONG SAID NORTH LINE TO THE POINT OF
BEGINNING.
SAID AREA CONTAINS 752,303 SQUARE FEET OR 17.271 ACRES, MORE OR LESS.
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,
Swiderski 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:
Suburban Mixed -Use District with Planned Development Overlay (SMU-PD)
NAME
POST OFFICE ADDRESS
DATE SIGNED
Qualification
(elector and/or
property owner)
1/2,7/-,7v 17
Michael S. Akins,
Agent for Willow Anderson,
Benjamin Welch, Christine A.
2220 Keota Ln.
Bristol& Deborah L. Parsons
Superior, CO 80027
Owners
RECEIVED
FFR 0 4 2019
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CITY CLERK'S OFFICE
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LOT / PLANNING SERVICES DIVISION FROM THE TOWN OF NEKIMI
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SEC. 05-17-16 City SCALE: (IN FEET) Feet OF SECTION 5, TOWNSHIP 17 NORTH, RANGE 16
SE Y,, E'/, of 1 inch = 200 —7
feet EAST, TOWN OF NEKIMI, WINNEBAGO COUNTY,
jSEGO -17-16 Oshkosh[DRAWN:DATE 01-242019 WISCONSIN