HomeMy WebLinkAbout18. 19-394 JUNE 25, 2019 JULY 9, 2019 19-377 19-394 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(CARRIED 7-0 LOST LAID OVER WITHDRAWN )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/GILMAN ANNEXATION, 575 WEST
SNELL ROAD
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
JUNE 25, 2019 JULY 9, 2019 19-377 19-394 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 Single Family Residential-3 (SR-3) District.
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
BEING ALL OF LOT 1 OF BLOCK 1 OF OLSON ACRES PLAT RECORDED AS
DOCUMENT NUMBER 319687 IN VOLUME 18 OF PLATS, PAGE 26, WINNEBAGO
COUNTY REGISTER OF DEEDS AND ADJACENT SOUTH 1/2 OF WEST SNELL
ROAD RIGHT-OF-WAY, ALL LOCATED IN THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN
OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED
AS FOLLOWS:
COMMENCING FROM THE NORTHEAST CORNER OF SAID SECTION 2,
TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE SOUTH 89°09'15" WEST, 888.40
FEET ALONG THE NORTH LINE OF SAID SECTION 2 TO THE EXTENDED EAST
LINE OF SAID OLSON ACRES PLAT AND POINT OF BEGINNING; THENCE
SOUTH 01029'45" EAST, 193.07 FEET, ALONG SAID EXTENDED EAST LINE AND
EAST LINE OF SAID PLAT TO THE SOUTHEAST CORNER OF SAID LOT 1;
THENCE SOUTH 89009'15" WEST, 114.70' TO THE SOUTHWEST CORNER OF SAID
LOT 1; THENCE NORTH 00050'45" WEST, 193.00 FEET ALONG THE WEST LINE
AND EXTENDED WEST LINE OF SAID LOT 1 TO A POINT ON THE NORTH LINE
OF SAID SECTION 2; THENCE NORTH 89009'15" EAST, 112.51 FEET ALONG SAID
NORTH LINE TO THE POINT OF BEGINNING.
SAID AREA CONTAINS 21,927 SQUARE FEET OR 0.503 ACRES, MORE OR LESS.
JUNE 25, 2019 JULY 9, 2019 19-377 19-394 ORDINANCE
FIRST READING SECOND READING CONT'D
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 12th 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 Single Family
Residential-3 (SR-3) 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 #19-394 APPROVE REQUEST TO ANNEX TO THE CITY FROM THE
TOWN OF OSHKOSH/ GILMAN ANNEXATION, 575 WEST SNELL ROAD on July 9,
2019. This Ordinance annexes 575 West Snell Road 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.
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Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Jeffrey Nau
Associate Planner
DATE: June 20, 2019
RE: Approve Gilman Annexation from the Town of Oshkosh, 575 West Snell Road
(Plan Commission Recommends Approval)
BACKGROUND
Lawrence and Karey Gilman are requesting approval of the Gilman Annexation of
approximately 0.503 acres of land located at 575 W. Snell Road in the Town of Oshkosh. The
site is located on the south side of W. Snell Road approximately 900 feet west of Jackson Street.
The property is developed with a single-family dwelling and has a Winnebago County zoning
designation of R-2, Suburban Residential District(Subdivided). The surrounding area is a well-
established low density residential neighborhood adjacent to the Jackson Street corridor to the
east and the State of Wisconsin Correctional Facility approximately one-quarter mile to the west.
ANALYSIS
The petitioner requests approval of the Gilman Annexation (by unanimous approval) of
approximately 0.503 acres of land located in the Town of Oshkosh. They request the property
be annexed with a Single Family Residential-3 (SR-3) District zoning classification to match the
adjacent SR-3 City zone district to the south and west and is comparable to the current County
Suburban Residential District (Subdivided) (R-2) zoning.
The purpose of the annexation is for the property to obtain city sanitary sewer due to a failing
on-site sewerage system. The home will also connect to city water. The Comprehensive Plan
designates this area as appropriate for light density residential use and the proposed zoning
permits the existing single family use for the property by-right.
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 2002 and 1984, respectively.
Oshkosh Fire and Police Departments have reviewed the annexation request and do not have
concerns with providing services to this property.
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 not be required to extend utilities or provide services that are not already provided
to the area. $2,109.25 will be collected for connection charges for the construction of sanitary
sewer and water main in 2002 and 1984, respectively. As the City has not yet reached a boundary
agreement with the Town of Oshkosh, the City will be required to pay the Town of Oshkosh
five years of property taxes lost by the Town due to this annexation which amounts to $112.31
per year or a total of$561.55 over five years (Sec. 66.0217(14)(a)1 of the Wisconsin Statutes). The
annexation will add approximately$131,800 in assessed value to the city.
RECOMMENDATION
The Plan Commission recommended approval the direct annexation (by unanimous approval)
at its June 18, 2019 meeting.
Respectfully Submitted, Approved:
Jeffrey Nau Mark A. Rohloff
Associate Planner City Manager
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
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information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh
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ITEM: GILMAN ANNEXATION FROM THE TOWN OF OSHKOSH 575 W SNELL
ROAD
Plan Commission meeting of June 18, 2019.
GENERAL INFORMATION
Petitioner/Property Owner: Lawrence P. &Karey R. Gilman
Action(s) Requested:
The petitioner is proposing direct annexation(by unanimous approval) of approximately 0.503 acres
of land currently located at in the Town of Oshkosh.
Applicable Ordinance Provisions:
Procedures concerning annexations are located within Section 30-360 of the City of Oshkosh Zoning
Ordinance as well as within Section 66.0217 of the WI State Statutes.
Property Location and Background Information:
Lawrence &Karey Gilman are requesting approval of the Gilman Annexation of approximately 0.503
acres of land located at 575 W. Snell Road in the Town of Oshkosh. The site is located on the south
side of W. Snell Road approximately 900 feet west of Jackson Street. The property is developed with a
single-family dwelling and has a Winnebago County zoning designation of R-2, Suburban Residential
District(Subdivided). The surrounding area is a well-established low density residential
neighborhood adjacent to the Jackson Street corridor to the east and the State of Wisconsin
Correctional Facility approximately a quarter mile to the west.
Subject Site
Existing Land Use Zonin
Suburban Residential District
Single-Family Dwelling (Subdivided) (R-2) (County)
Adjacent Land Use and Zoning
Existing Uses Zoning
Single-Family Residential-5
North-._...... Family Dwelling........................................----_...---..............._...._-............................................... _�SR-5).._..........................._ __
Single-Family Residential-3
.._South--- Single-Family Dwellin ...... —......__..............---........................_....................................._............._.......__......_(SR_3)
Suburban Residential District
East......................................Single-Family Dwellin .._.._.....---__..............................._.................._....._....._.--__
. (County)...............
__....
Single-Family Residential-3
West Single-Family Dwelling (SR-3)
Comprehensive Plan
Land Use Recommendation Land Use
Comprehensive Plan 2040 Recommendation Light Density Residential
ANALYSIS
The petitioner requests approval of the Gilman Annexation(by unanimous approval) of
approximately 0.503 acres of land located in the Town of Oshkosh. They request the property be
annexed with a Single Family Residential-3 (SR-3)District zoning classification to match the adjacent
SR-3 City zone district to the south and west and is comparable to the current County Suburban
Residential District(Subdivided) (R-2) zoning.
The purpose of the annexation is for the property to obtain city sanitary sewer due to a failing on-site
sewerage system. The home will also connect to city water. The Comprehensive Plan designates this
area as appropriate for light density residential use and the proposed zoning permits the existing
single family use for the property by-right.
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 1984 and 2002,respectively. 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 Gilman Annexation with temporary and permanent zoning of
Single Family Residential-3 (SR-3)District as requested.
The Plan Commission approved of the annexation with temporary and permanent zoning of Single
Family Residential-3 (SR-3)District as requested. The following is the Plan Commissions discussion
on this item.
Site Inspections:Report: Mr. Hinz reported visiting the site.
Staff report accepted as part of the record.
The petitioner is proposing direct annexation(by unanimous approval) of approximately 0.503 acres
of land currently located at in the Town of Oshkosh.
Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and
zoning classifications in this area. The petitioner requests approval of the Gilman Annexation(by
unanimous approval)in the Town of Oshkosh. They request the property be annexed with a Single
Family Residential-3 (SR-3) District zoning classification. The purpose of the annexation is for the
property to obtain city sanitary sewer due to a failing on-site sewerage system. The home will also
connect to city water. 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 1984 and 2002,
respectively. Oshkosh Fire and Police Departments have reviewed the annexation request and do not
have any concerns with providing services to this property.
ITEM—Gilman Annexation 2
Mr. Fojtik opened up technical questions to staff.
Ms. Palmeri asked what the red and white dash lines meant.
Mr. Nau explained it is a zoning district boundary but in this area specially, it basically serves the
same thing as the city/town boundary. He said it is pocketed in and out because properties along W.
Snell Road are slowing annexing into the city as septic systems start to fail.
Ms. Palmeri asked if the city would be bringing in a less dense zoning from the town.
Mr. Nau explained the county's zoning has a different base standard than the city but the zonings are
very similar. He said the county zoning and city zoning are comparable as far as density
requirements and recommendations.
Ms. Palmeri asked if the SR-3 would allow a duplex or triplex.
Mr. Nau explained it is a single-family district which only allows single-family uses by right. Mr.
Nau explained the number at the end of the zoning district relates to the density. He said the
requested zoning district is consistent with other properties in the area and the Comprehensive Plan.
Ms. Palmeri asked how the city will meet some of the increased density objectives if they keep
bringing in less dense properties into the city.
Mr. Nau replied areas like the one requested are already developed. He explained there is not a lot of
opportunity to increase the residential density in the area. He said typically redevelopment of this
area is not expected because the area is already established.
Mr. Lyons said generally in situations like this,the city is trying to match their equivalent zoning
district to the existing land use pattern of the area. He explained when it comes to larger annexations,
they would look at what is the appropriate land use and density for the development. He said in this
particular case of a failing septic system,the area is an already developed residential subdivision and
the city is just trying to match the zoning to the surrounding area's zoning.
Mr. Ford asked for verification on the zoning in the area.
Mr. Lyons pointed out and verified the zoning for the nearby areas.
Mr. Fojtik asked if there were any public comments and asked if the applicant wanted to make any
statements.
There were no statements from the applicant
There were no public comments on this item.
Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing statements.
ITEM—Gilman Annexation 3
There were no closing statements from the applicant
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Mitchell.
Mr. Fojtik asked if there was any discussion about the motion.
There was no discussion on the motion.
Motion carried 9-0.
ITEM—Gilman Annexation 4
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,
Gilman Annexation,
and,
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:
Single-Family Residential—3 Zoning District(SR-3)
Qualification
DATE (elector and/or
NAME POST OFFICE ADDRESS SIGNED property owner)
elf
60112
Lawrence P. Gilman 575 W.Snell Rd.,Oshkosh,WI Owner
54901
k0 wt i I
Karey R/ilny&
575 W.Snell Rd.,Oshkosh,WI Owner
54901
RECEIVED
JUN 0 4 2019
CITY CLERK'S OFFICE
Page 3
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 Two 2
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:
GILMAN ANNEXATION
BEING ALL OF LOT 1 OF BLOCK 1 OF OLSON ACRES PLAT RECORDED AS DOCUMENT NUMBER 319687 IN
VOLUME 18 OF PLATS, PAGE 26,WINNEBAGO COUNTY REGISTER OF DEEDS AND ADJACENT SOUTH '/Z OF
WEST SNELL ROAD RIGHT-OF-WAY,ALL LOCATED IN THE NORTHEAST%OF THE NORTHEAST'/OF SECTION
2,TOWNSHIP 18 NORTH, RANGE 16 EAST,TOWN OF OSHKOSH,WINNEBAGO COUNTY,WISCONSIN, BOUNDED
AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHEAST CORNER OF SAID SECTION 2,
TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE SOUTH 89'09'15"WEST, 888.40 FEET ALONG THE NORTH
LINE OF SAID SECTION 2 TO THE EXTENDED EAST LINE OF SAID OLSON ACRES PLAT AND POINT OF
BEGINNING; THENCE SOUTH'01°29'45"EAST, 193.07 FEET,ALONG SAID EXTENDED EAST LINE AND EAST LINE
OF SAID PLAT TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 89°09'15"WEST, 114.70'TO THE
SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 00°50'45"WEST, 193.00 FEET ALONG THE WEST LINE
AND EXTENDED WEST LINE OF SAID LOT 1 TO A POINT ON THE NORTH LINE OF SAID SECTION 2; THENCE
NORTH 89009'15"EAST, 112.61 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. SAID AREA
CONTAINS 21,927 SQUARE FEET OR 0.503 ACRES, MORE OR LESS.
That attached hereto is a scaled map reasonably showing the boundaries of the following described territory
to be annexed and its relation to the municipalities involved.
QUALIFICATION
DATE (elector and/or
NAME POST OFFICE ADDRESS SIGNED property owner
61VII9 a'I
Lawrence P. Gilman 575 W. Snell Rd., Oshkosh, WI 54901 Owner
dd R. lman 575 W. Srte!! Rd., Oshkosh, WI 54901 Owner
RECEIVED
JUN 04 2019
CITY CLERK'S OFFICE
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ANNEXATION BRANDON E MCMULLEN CURT R CHRISTIANSEN
575 W SNELL RD 3715 HARVEST DR 580 OLSON AVE
PC:06-18-19 OSHKOSH WI 54901 OSHKOSH WI 54901
JAMES HARWELL JR/CARRIE JAMES R/DIANA LEMMER MATTHEW D/LISA R HAUCK
COFFREN-HARWELL 540 OLSON AVE 3710 WESTERN CT
635 W SNELL RD OSHKOSH WI 54901 OSHKOSH WI 54901
OSHKOSH WI 54901
NICHOLAS M MANTHEY RASMUSSEN,NOEL J STEVEN L HILL
3710 HARVEST DR 675 W SNELL RD 640 OLSON AVE
OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901
WOODFALL,JEREMY R YANT,JACK TOWN OF OSHKOSH
535 W SNELL RD 475 W SNELL RD 1076 COZY LN
OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901
GILMAN,LAWRENCE P
575 W SNELL RD
OSHKOSH WI 54901
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