HomeMy WebLinkAbout24. 21-345JUNE 22, 2021 21-345 ORDINANCE
FIRST READING
(CARRIED_______LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE OFFICIAL MAPPING OF RIGHT-OF-WAY
CONNECTING THE WESTERN END OF MOCKINGBIRD WAY
TO THE EASTERN END OF WINDSONG TERRACE
INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-
440 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE OFFICIAL MAP.
WHEREAS, a public hearing, after due and proper notice, was duly held before
the Plan Commission of the City of Oshkosh concerning the adoption of this amendment
to the Official Map of the City of Oshkosh, and the Plan Commission having duly
recommended the adoption of this Ordinance.
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
SECTION 1. That Section 30-440 of the Oshkosh Municipal Code pertaining to the
Official Map of the City of Oshkosh and its extraterritorial jurisdiction, is hereby
amended by officially mapping the right-of-way connecting the western end of
Mockingbird Way to the eastern end of Windsong Terrace, per the attached Exhibit A,
thereby making revisions to the 20th Ward official maps on file in the City of Oshkosh
Public Works Department.
SECTION 2. Immediately upon these amendments to the Official Map becoming
effective, the City Clerk shall file a certified copy of this Ordinance and Exhibit A and
with the Register of Deeds for Winnebago County showing that the City has amended its
official map; and the City of Oshkosh Public Works Department shall file a copy of this
Ordinance and the attached Exhibit A with the 20th Ward official maps on file in its office,
indicating the official map of the City of Oshkosh was amended by action of the Common
Council on this date.
JUNE 22, 2021 21-345 ORDINANCE
CONT'D
SECTION 3. This Ordinance shall be in full force and effect from and after its
passage and date of publication.
SECTION 4. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #21-345 APPROVE OFFICIAL MAPPING OF RIGHT-OF-WAY
CONNECTING THE WESTERN END OF MOCKINGBIRD WAY TO THE EASTERN
END OF WINDSONG TERRACE on July 13, 2021. This ordinance officially maps the
right-of-way connecting the western end of Mockingbird Way to the eastern end of
Windsong Terrace. 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.
EXHIBIT A
MOCKINGBIRD WAY OFFICIAL MAPPING
Being Part of Lot 2 of C.S.M. #3944, Lot 3 of C.S.M. #4762 and Lot 2 of C.S.M. #6986
Located In Part of the NE1/4 of the SW1/4 and the NW1/4 of the SW1/4 of Section 29,
Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin,
Described As Follows:
Commencing at the West Quarter Corner of Section 29, T18N, R16E;
Thence South 89°01’55” East, along the East/West Quarter Line of Said Section 29, 1441.44
Feet to the Northwest Corner of Lot 43 of Casey’s Meadow South Second Addition;
Thence South 00°58’55” West along the West Line of Said Lot 43, 120.00 Feet to the
Southwest Corner of Said Lot 43 and a Point on the North Line of Mockingbird Way and
the Point of Beginning;
Thence South 07°32’56” East along the West Line of Said Casey’s Meadow South Second
Addition, 60.67 Feet to the Northwest Corner of Lot 42 of Casey’s Meadow South Second
Addition and a Point on the North Line of Said Mockingbird Way;
Thence North 89°01’05” West 587.02 Feet;
Thence along the Arc of a Curve to the Left 123.51 Feet, Having a Radius of 270.00 Feet
and a Center Point to the Left of the Curve, Whose Chord Bears South 77°52’35.5” West
122.44 Feet; Thence South 64°46’16” West 39.03 Feet;
Thence along the Arc of a Curve to the Right 144.80 Feet, Having a Radius of 330.00 Feet
and a Center Point to the Right of the Curve, Whose Chord Bears South 77°19’06” West
143.64 Feet to the West Line of Lot 2 of C.S.M. #3944 and the East Line of Lot 2 of C.SM.
#6986;
Thence South 01°17’52” East 3.01 Feet along the East Line of Said Lot 2 of C.S.M. #6986 to
the SE Corner of Said Lot 2;
Thence North 88°56’06” West 224.34 Feet along the South Line of Said Lot 2 to the SW
Corner of Said Lot 2 and a Point on the South Right of Way Line of Wingsong Terrace;
EXHIBIT A
MOCKINGBIRD WAY OFFICIAL MAPPING
Thence North 00°05’52” East 66.01 Feet along the West Line of Said Lot 2 to a Point on the
North Right of Way Line of Said Wingsong Terrace;
Thence South 88°56’06” East 222.73 Feet to the East Line of Said Lot 2 of C.S.M. #6986;
Thence South 01°17’52” East 3.03 Feet along the East Line of Said Lot 2 of C.S.M. #6986;
Thence along the Arc of a Curve to the Left 119.73 Feet, Having a Radius of 270.00 Feet
and a Center Point to the Left of the Curve, Whose Chord Bears North 77°26’56.5” East
118.75 Feet; Thence North 64°46’16” East 39.04 Feet;
Thence along the Arc of a Curve to the Right 150.96 Feet, Having a Radius of 330.00 Feet
and a Center Point to the Right of the Curve, Whose Chord Bears North 77°52’35.5” East
149.65 Feet;
Thence South 89°01’05” East 578.02 Feet to the Point of Beginning.
Said area contains 68,216.9 square feet or 1.566 acres more or less.
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: June 12, 2021
RE: Approve Official Mapping of Right-of-Way Connecting the Western End of
Mockingbird Way to the Eastern End of Windsong Terrace
BACKGROUND
The City of Oshkosh requests approval to officially map right-of-way connecting the western
end of Mockingbird Way to the eastern end of Windsong Terrace. Official mapping is the
process by which a municipality can designate or reserve areas for specific public uses for future
acquisition and development. Once officially mapped, those areas are essentially treated as
right-of-way from a setback perspective and no building permit may be issued for new
construction or expansion that does not conform to the location of the official map unless
otherwise authorized by the local legislative body. In Wisconsin, municipalities may use official
mapping to establish an official street network and future streets, historic districts, parks and
playgrounds, railroad right-of-way, public transit facilities, and waterways.
The subject site consists of part of two parcels located west of the Casey’s Meadow South
Subdivision and east of Clairville Road, east of the end of Windsong Terrace. The majority of
the land where the mapping is proposed is owned by Thomas Rusch, the original land owner of
the Casey’s Meadow South development. The other lot is where Windsong Terrace is located
and at the time of the Certified Survey Map (CSM) review, staff required that the CSM reserve
an area for future right-of-way purposes to serve as an extension of Windsong Terrace. This
extension was also planned for eventual connection to Mockingbird Way.
The two lots are located in the Town of Algoma. Per the Intergovernmental Agreement and
Cooperative Plan between the City and Town, this area is identified as Zone C, City Expansion
area and is scheduled to attach/annex to the city on March 1, 2023. The surrounding area consists
of vacant and agricultural uses to the north and south, a single-family residential development
to the east, and rural-type low density residential uses to the west. The City’s 2040
Comprehensive Land use Plan recommends light density residential uses appropriate for this
area.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
ANALYSIS
The City requests approval to officially map additional right-of-way between the western end
of Mockingbird Way and eastern end of Windsong Terrace. This will hold in-place sufficient
area for an eventual street connection to Clairville Road. This will provide a much needed
collector street access for the residential developments to the east.
In 2005 the Common Council approved the Preliminary Plat for Casey’s Meadow South which
has seen significant development with five phases to date. Staff requested that the developer
create a concept plan for a future addition to Casey’s Meadow showing potential development
west of the preliminary plat when the preliminary plat was created. The concept called for two
connections to Clairville Road. The first was Mockingbird Way connecting to Clairville Road via
Windsong Terrace and the second is Ruschfield Drive (now named Casey Trail). The additional
connections to a collector street will lower traffic congestion for commuters entering and exiting
the residential developments, especially during peak hours.
As of now it is uncertain when construction of the extension of Mockingbird Way will occur.
Driving factors such as new housing needs and future economic conditions will dictate the
timing as additional phases of Casey’s Meadow South are developed. Until then the proposed
official mapping will ensure the land is available for its eventual construction. The
Comprehensive Plan recommends the subject site suitable for light density residential
development. Staff is of the opinion that the proposed mapping action is consistent with the
Plan’s recommendation as it will provide additional collector street access for the subdivisions
to the east.
RECOMMENDATION
The Plan Commission recommended approval of the Official Mapping as requested on June 1,
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: PUBLIC HEARING: OFFICIAL MAPPING OF MOCKINGBIRD WAY FROM
ITS WESTERN TERMINUS WESTWARD TO THE EASTERN TERMINUS OF
WINDSONG TERRACE
Plan Commission meeting of June 1, 2021.
GENERAL INFORMATION
Applicant: City of Oshkosh
Owner: Thomas N. Rusch and Jamie A. & Amie N. Schmude
Action(s) Requested:
The City of Oshkosh requests approval to officially map right-of-way connecting the western
end of Mockingbird Way to the eastern end of Windsong Terrace.
Applicable Ordinance Provisions:
Section 62.23(6)(b) of the Wisconsin Statutes regulates official mapping by municipalities.
Section 2-52 of the Municipal Code and Article XII of the Zoning Ordinance designate a
function and duty of the Plan Commission to make recommendation on the establishment and
amendment to the City’s Official Map.
Property Location and Background Information:
Official mapping is the process by which a municipality can designate or reserve areas for
specific public uses for future acquisition and development. Once officially mapped, those
areas are essentially treated as right-of-way from a setback perspective and no building permit
may be issued for new construction or expansion that does not conform to the location of the
official map unless otherwise authorized by the local legislative body. In Wisconsin,
municipalities may use official mapping to establish an official street network and future
streets, historic districts, parks and playgrounds, railroad right-of-way, public transit facilities,
and waterways.
The subject site consists of part of
two parcels located west of the
Casey’s Meadow South Subdivision
and east of Clairville Road, east of
the end of Windsong Terrace. The
majority of the land where the
mapping is proposed is owned by
Thomas Rusch, original land owner
of the Casey’s Meadow South
development. The other lot is located just west of Windsong Terrace which was created by
Certified Survey Map (CSM) Number 6986. At the time of the CSM review, city staff required
Item I – Official Mapping – Mockingbird Way 2
that the CSM reserve an area for future right-of-way purposes to serve as an extension of
Windsong Terrace. This extension was also planned for eventual connection to Mockingbird
Way.
The two lots are located in the Town of Algoma. Per the Intergovernmental Agreement and
Cooperative Plan between the City and Town, this area is identified as Zone C, City Expansion
area and is scheduled to attach/annex to the city on March 1, 2023. The surrounding area
consists of vacant and agricultural uses to the north and south, a single-family residential
development to the east and rural-type low density residential uses to the west. The City’s
2040 Comprehensive Land use Plan recommends light density residential uses appropriate for
this area.
Subject Site
Existing Land Use Zoning
Vacant Land/Agricultural
Single-Family Residence District
Extraterritorial Zoning (R-1ETZ)
Adjacent Land Use and Zoning
Existing Uses Zoning
North Vacant Land/Agricultural
Single-Family Residence District
Extraterritorial Zoning (R-1ETZ)
South Vacant Land/Agricultural
Single-Family Residence District
Extraterritorial Zoning (R-1ETZ)
East Single Family Residential Subdivision Single-Family Residential-5 (SR-5)
West Vacant Land/Agricultural
Single-Family Residence District
Extraterritorial Zoning (R-
1ETZ)Development Overlay (CBP-PD)
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Light Density Residential
ANALYSIS
The City requests approval to officially map
additional right-of-way between the western end of
Mockingbird Way and eastern end of Windsong
Terrace. This will hold in-place sufficient area for an
eventual street connection to Clairville Road. This
will provide a much needed collector street access for
the residential developments to the east.
In 2005 the Common Council approved the
Preliminary Plat for Casey’s Meadow South (Figure 1)
which has seen significant development with five
phases to date. At the time of the preliminary plat
creation, city staff requested the developer create a
Figure 1
Item I – Official Mapping – Mockingbird Way 3
concept plan for a future addition to Casey’s Meadow (Figure 2) which shows potential
development west of the preliminary plat. The concept called for two connections to Clairville
Road; one being Mockingbird Way connecting to Clairville Road via Windsong Terrace, and the
other, Ruschfield Drive (now named Casey Trail).
The additional connections to a collector street
will lower traffic congestion for commuters
entering and exiting the residential
developments, especially during peak hours.
As of now it is uncertain when construction of the
extension of Mockingbird Way will occur.
Driving factors such as new housing needs and
future economic conditions will dictate the timing
as additional phases of Casey’s Meadow South
are developed. Until then, the proposed official
mapping will ensure the land is available for its
eventual construction.
The Comprehensive Plan recommends the subject
site suitable for light density residential
development. Staff is of the opinion that the
proposed mapping action is consistent with the
Plan’s recommendation as it will provide
additional collector street access for the
subdivisions to the east.
RECOMMENDATION/CONDITIONS
Planning staff recommends approval of the proposed official mapping of Mockingbird Way as
requested.
The Plan Commission approved of the official mapping as requested on June 1, 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 requests approval to officially map right-of-way connecting the western
end of Mockingbird Way to the eastern end of Windsong Terrace.
Mr. Lyons presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The City requests approval to officially map
additional right-of-way between the western end of Mockingbird Way and eastern end of
Windsong Terrace. This will hold in-place sufficient area for an eventual street connection to
Clairville Road. This will provide a much needed collector street access for the residential
Figure 2
Item I – Official Mapping – Mockingbird Way 4
developments to the east. Planning staff recommends approval of the proposed official
mapping of Mockingbird Way as requested.
Ms. Propp opened up technical questions to staff.
There were no technical questions on this item.
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 Hinz to adopt the findings and recommendation as stated in the staff report.
Seconded by Ford.
Ms. Propp asked if there was any discussion on the motion.
There was no discussion on the motion.
Motion carried 7-0.
Wingsong TerraceNeighborly RoadClairville Road
Mockingbird WayFutu
re
Cloe Jude Drive Mockingbird WayCity of Oshkosh
Town of Algoma West 1/4 Corner of Section 29T18N, R16ENorth Line of the SW 1/4 of Section 29T18N, R16ES 89°01'55" E 1441.44'NW Corner of Lot 43 of 2ndAddn to Casey'sMeadow SouthS 07°32'56" E60.67'S 64°46'16" W 39.03'N 88°56'06" W 224.34'S 01°17'52" E 3.01'N 00°05'52" E 66.01'S 88°56'06" E 222.73'S 01°17'52" E 3.03'S 89°01'05" E 587.02'1234N 64°46'16" E 39.04' CURVE TABLECURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING 1 270.00' 123.51' 122.44' S 77° 52' 35.5" W 2 330.00' 144.80' 143.64' S 77° 19' 06" W 3 270.00' 119.73' 118.75' N 77° 26' 56.5" E 4 330.00' 150.96' 149.65' N 77°52'35.5" ETown of AlgomaS 00°58'55" W 120.00'N 89°01'05" W 587.02'P.O.B.CITY OF OSHKOSH
ENGINEERING DIVISION
GRAPHIC
SCALE: (IN FEET)1 INCH = 200 FEET
0 100 200
MOCKINGBIRD WAY
OFFICIAL RIGHT-OF-WAY MAPPING
DRAWN:
11-02-2018
FILE NAME:
Mockingbird Way Official
ROW Mapping.dwg
OFFICIAL MAPPING
MOCKINGBIRD WAY
PC: 6-1-2021
CASEY'S MEADOW LLC
3385 CASEY TRL
OSHKOSH, WI 54904
Rusch ParkOshkosh City LimitOshkosh City LimitCLAIRVILLE RDCLAIRVILLE RDSAGE CROSSINGSAGE CROSSINGC A S E Y T RCASEY T R
WINDSONG TERWINDSONG TER
MOCKINGBIRD WAYMOCKINGBIRD WAY
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 5/17/2021
1 in = 200 ft1 in = 0.04 mi¯MOCKINGBIRD WAYMOCKINGBIRD WAY
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: 5/17/2021
1 in = 500 ft1 in = 0.09 mi¯MOCKINGBIRD WAYMOCKINGBIRD WAY
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
SR-5
I
MR-12MR-12-PD
SR-5
SR-3
Rusch ParkOshkosh City LimitOshkosh City LimitOshkosh City LimitOshkosh City Limit
·YTNUOC"K CLAIRVILLE RDCLAIRVILLE RDW 20TH AVW 20TH AV CCAASSEEYYTTRRTRAXLER TRTRAXLER TR
MOCKINGBIRD WAYMOCKINGBIRD WAY
WW YY AATTTTWWAAYYNNEEIIGGHHBBOORRLLYY RRDD
WINDSONG TERWINDSONG TER
PR
ESERVE CT
PR
E
SE
RVE CT
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 5/17/2021
1 in = 200 ft1 in = 0.04 mi¯MOCKINGBIRD WAYMOCKINGBIRD WAY
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