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Home My WebLink About39. 21-291MAY 25, 2021 21-291 RESOLUTION (CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE AND EXECUTE RELOCATION ORDER; APPROVE DETERMINATION OF NECESSITY TO ACQUIRE; PORTION OF 2240 WESTOWNE AVENUE INITIATED BY: CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: Approved Land Acquisition WHEREAS the City of Oshkosh requests to combine and expand the detention pond located at 2240 Westowne Avenue with an existing City-owned detention basin located within the Westowne Avenue right-of-way; and WHEREAS construction of the detention basin will provide storm water management relief to the area, aid in the development of a City-wide Storm Water Management plan, and help determine future storm water mitigation needs in the area; and WHEREAS it is the City’s responsibility to acquire the necessary land for construction of said detention basin; and WHEREAS the Department of Public Works is recommending the acquisition of a portion of 2240 Westowne Avenue, per the attached, to accomplish said purpose. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Common Council determines that it is necessary and a public purpose for the City to acquire a portion of 2240 Westowne Avenue for construction of a detention basin. BE IT FURTHER RESOLVED by the Common Council that this resolution constitutes a Relocation Order for acquisition of a portion of the property described in the attached in accordance with the title acquisition procedure set forth in Wisconsin Statutes, Section 32.05, said property being located at 2240 Westowne Avenue. MAY 25, 2021 21-291 RESOLUTION CONT’D BE IT FURTHER RESOLVED that the proper City Officials are hereby authorized and directed to execute any and all documents necessary for implementation of this order and that a certified copy of this Resolution shall be filed with the Winnebago County Clerk within twenty (20) days of its adoption. BE IT FURTHER RESOLVED that this Resolution shall be effective immediately upon its passage and publication. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: May 20, 2021 RE: Approve and Execute Relocation Order; Approve Determination of Necessity to Acquire; Portion of 2240 Westowne Avenue BACKGROUND The City of Oshkosh Department of Public Works brought forth a request in 2016 to acquire part of a property located at 2240 Westowne Avenue. Back in 2016, this request received approvals from both Plan Commission and Common Council. With the changeover in City Staff, Plan Commission, and Council, Staff thought it would be prudent to bring this request back through each of these respective bodies for a new approval. Therefore, the City of Oshkosh Department of Public Works is again requesting approval of a partial land acquisition located at 2240 Westowne Avenue. The subject site is developed with a storm water detention pond which is proposed to be expanded/combined with an existing city-owned basin located to the south within the Westowne Avenue right-of-way. The subject site is located at 2240 Westowne Avenue and contains a Shell fuel station with car wash and a McDonald’s restaurant. The 2.88 acre property is irregular-shaped and triple-fronted with right-of-way access with Westowne Avenue, North Koeller Street and Omro Road. The area proposed to be acquired is located on the east side of the property and contains an existing storm water detention pond serving the development. The surrounding area is exclusively commercial in nature with a variety of retail, service and restaurant developments. The 2040 Comprehensive plan identifies the area suitable for Interstate Commercial development. ANALYSIS The proposed land acquisition is trapezoidal-shaped approximately 112 feet by 135 feet and 0.38 acres in size. The area contains an existing storm water basin used to serve the Shell Station/McDonald’s site as well as ground signage. Just to the south is a city-owned storm water basin constructed when North Washburn Street was realigned around 2007. It is the City’s intent to create a single, larger basin by utilizing the two existing ponds. This upsizing will increase the removal of pollutants from 12% to 73% and will provide additional storm water management relief to the area. The land acquisition is another component to the City’s continuing efforts to impede flooding problems and meet storm water quality standards mandated by the Wisconsin Department of Natural Resources. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us The Engineering Division is in the early stages of updating the city-wide Storm Water Management Plan. Construction of this basin will aid in the development of the plan and help determine future storm water mitigation needs in the area. This approval is the first step for the City to acquire this property. The City is required to follow the acquisition process as required by state statute. FISCAL IMPACT The land acquisition will result in approximately .38 acres of land being removed from the tax roll estimated at approximately $31,600. RECOMMENDATION The Plan Commission recommended approval of the partial land acquisition as requested on May 18, 2021. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager ITEM: APPROVE PARTIAL LAND ACQUISITION OF 2240 WESTOWNE AVE Plan Commission meeting of May 18, 2021. GENERAL INFORMATION Applicant: City of Oshkosh-Department of Public Works Property Owners: PJS of De Pere, LLP Action(s) Requested: The City of Oshkosh Department of Public Works is requesting approval of a partial land acquisition located at 2240 Westowne Avenue. The subject site is developed with a storm water detention pond which is proposed to be expanded/combined with an existing city-owned basin located to the south within the Westowne Avenue right-of-way. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject site is located at 2240 Westowne Avenue and contains a Shell fuel station with car wash and a McDonald’s restaurant. The 2.88 acre property is irregular-shaped and triple-fronted with right-of-way access with Westowne Avenue, N. Koeller Street and Omro Road. The area proposed to be acquired is located on the east side of the property and consumes an existing storm water detention pond serving the development (Figure 1). The surrounding area is exclusively commercial in nature with a variety of retail, service and restaurant developments. The 2040 Comprehensive plan identifies the area suitable for Interstate Commercial development. Subject Sites Existing Land Use Zoning Commercial Fuel Station & Quick Serve Restaurant Suburban Mixed-Use (SMU) Figure 1 Item III – Partial Land Acquisition – 2240 Westowne Avenue 2 Adjacent Land Use and Zoning Existing Uses Zoning North Commercial Suburban Mixed-Use (SMU) South Commercial Suburban Mixed-Use with Planned Development Overlay (SMU-PD) East Commercial Suburban Mixed-Use with Planned Development Overlay (SMU-PD) West Commercial Suburban Mixed-Use with Planned Development Overlay (SMU-PD) Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Interstate Commercial ANALYSIS The proposed land acquisition is trapezoidal-shaped approximately 112 feet by 135 feet and 0.38 acres in size. The area contains an existing storm water basin used to serve the Shell Station/McDonald’s site as well as ground signage. Just to the south is a city-owned storm water basin constructed when N. Washburn Street was realigned around 2007. It is the City’s intent to create a single larger basin by utilizing the two existing ponds. This will provide additional storm water management relief to the area. The Engineering Division is in the early stages of updating the city-wide Storm Water Management Plan. Construction of this basin will aid in the development of the plan and help determine future storm water mitigation needs in the area. This approval is the first step for the City to acquire this property. The City is required to follow the acquisition process as required by state statute. RECOMMENDATION/CONDITIONS Staff recommends approval of the proposed partial land acquisition of 2240 Westowne Avenue as requested. The Plan Commission approved of the partial land acquisition as requested on May 18, 2021. The following is Plan Commission’s discussion on the item. Site Inspections Report: No commissioners reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh Department of Public Works is requesting approval of a partial land acquisition located at 2240 Westowne Avenue. The subject site is developed with a storm water Item III – Partial Land Acquisition – 2240 Westowne Avenue 3 detention pond which is proposed to be expanded/combined with an existing city-owned basin located to the south within the Westowne Avenue right-of-way. 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 proposed land acquisition is trapezoidal-shaped approximately 112 feet by 135 feet and 0.38 acres in size. The area contains an existing storm water basin used to serve the Shell Station/McDonald’s site as well as ground signage. Just to the south is a city-owned storm water basin constructed when N. Washburn Street was realigned around 2007. It is the City’s intent to create a single larger basin by utilizing the two existing ponds. This will provide additional storm water management relief to the area. The Engineering Division is in the early stages of updating the city-wide Storm Water Management Plan. Construction of this basin will aid in the development of the plan and help determine future storm water mitigation needs in the area. This approval is the first step for the City to acquire this property. The City is required to follow the acquisition process as required by state statute. Staff recommends approval of the proposed partial land acquisition of 2240 Westowne Avenue as requested. Ms. Propp opened up technical questions to staff. Mr. Ford asked what the timeline was on this. Mr. Gierach said they will move forward with the acquisitions as soon as they get approvals and hopefully construction will start next year. Ms. Propp asked for any public comments and asked if the applicant wanted to make any statements. There were no statements from the applicant. There were no other public comments on this item. There were no public comments on this item. Ms. Propp closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Keifer to adopt the findings and recommendation as stated in the staff report. Seconded by Marshall. Ms. Propp asked if there was any discussion on the motion. Item III – Partial Land Acquisition – 2240 Westowne Avenue 4 There was no discussion on the motion. Motion carried 8-0. I:\Engineering\Storm Water Information\City Wide Storm Water Modeling - Earth Tech\Washburn Water Quality Basin\2016\Necessity to Acquire 2240 Westowne 2016.docx Page 1 of 1 Necessity to Acquire Approximately 0.5 Acres of 2240 Westowne Avenue Narrative The Department of Public Works proposes to acquire approximately 0.5 acres of the property at 2240 Westowne Avenue as a part of the expansion of the City’s stormwater basin at the northwest corner of Westowne Avenue and N Washburn Street. The acquisition of this property will approximately double the size of the existing City owned wet detention basin. The larger basin would increase flood protection and water quality improvements to a level that is in line with the City’s stormwater management goals. In 2015 the City of Oshkosh received a $94,000 construction grant to expand the City's wet basin. The grant should cover approximately half or the cost of engineering and construction of the expanded basin. The Westowne watershed is the 4th highest generator of pollutants (TSS/acre) in the City. The expanded basin will make a significant contribution toward the City reaching the pollutant reduction target mandated by the DNR through the City's MS4 Storm Water Permit by increasing the removal of pollutants (TSS) from 12 percent (with the existing basin) to 73 percent. CITY OF OSHKOSH ENGINEERING DIVISION GRAPHIC SCALE: (IN FEET)1 INCH = 100 FEET 0 50 100 WESTOWNE POND LAND ACQUISITIONDRAWN: 7-21-2016 FILE NAME: WESTOWNE POND LAND.DWG Legal Description for Westowne Stormwater Basin Expansion 7-22-2016 Part of the Northwest ¼ of the Southeast ¼ of Section 16, Town 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the East ¼ corner of said Section 16; thence along the North line of the Southeast ¼ of said Section 16, South 89o28’27” West, 1,351.97 feet; thence along the East line of the West ½ of said Section 16, South 00o54’43” E, 227.35 feet; thence along the South line of S.T.H. “21”, South 72o41’17” East 97.62 feet to the point of beginning. Thence along the South line of S.T.H. “21”, South 70o47’10” West 141.83 feet; thence S 29o31’12” East 158.77 feet to the south property line; thence North 36o58’57” East 51.10 feet; thence 89.89 feet along the arc of a curve to the right having a radius of 253.94 feet and a cord of 89.42 feet that bears North 47o07’24” East; thence North 26o00’19”West, 92.49 feet to the point of beginning, containing 16,497.38 square feet (0.3787 acres). LAND ACQUISITION 2240 WESTOWNE AVE PC: 5-18-21 PATRICK INVESTMENTS LLC 3378 NELSON RD OSHKOSH, WI 54904 OSHKOSH WESTOWNE LLC 300 N MAIN ST STE 300 OSHKOSH, WI 54901 OSHKOSH PRO PARTNERS 2251 WESTOWNE AVE OSHKOSH, WI 54904 JAMES H LANG PROPERTIES INC 615 S MAIN ST OSHKOSH, WI 54902 PJS OF DEPERE LLP 1722 CLARENCE CT WEST BEND, WI 53095 SMU SMU-PD Oshkosh City LimitOshkosh City Limit Oshkosh City LimitOshkosh City Limit ·$21 ·$21 ·$21 ·$21 OO MM RR OO RR DD N N WWA A SS H H B B U U RR NN SS TT O O MM RR OO RR DD NNWWA A SS HH BB U U RR NN SS TT OMRO RDOMRO RD WW EESSTTOO WW NNEEAAVVWW EESSTTOO WW NN EE AA VV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 5/5/2021 1 in = 120 ft1 in = 0.02 mi¯2240 WESTOWNE AVE2240 WESTOWNE AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer I SMU-PD SMU SMU I MR-12-PD I-PD DR-6-PD DR-6 SR-3 CBP-PD SMU-PD MR-12 Oshkosh City LimitOshkosh City Limit !"#$41 !"#$41 ·$21 OO MM RR OO RR DD NNWWAASSHHBBUURRNNSSTTN KOELLER STN KOELLER STNNWWEESSTTHHAAVVEENNDDRRBROOKS LABROOKS LACONRAD STCONRAD STPATRIOT LAPATRIOT LA W ESTOW NE AVW ESTOW NE AVKEWAUNEE STKEWAUNEE STABRAHAM LAABRAHAM LAONEIDA AVONEIDA AV WWIILLLLOOWWWWAA YY DD RR WW IILLLLOO WW BBEENNDD LLAA EAST WAY DREAST WAY DR MMOOOORR EEIISSLLLINWAY CTLINWAY CTEGG HARBOR LAEGG HARBOR LAC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 5/5/2021 1 in = 500 ft1 in = 0.09 mi¯2240 WESTOWNE AVE2240 WESTOWNE AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 5/5/2021 1 in = 100 ft1 in = 0.02 mi¯2240 WESTOWNE AVE2240 WESTOWNE AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer