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HomeMy WebLinkAbout10. 21-353JULY 13, 2021 21-353 RESOLUTION (CARRIED__7-0_____LOST________LAID OVER_______WITHDRAWN_______) PURPOSE: ACCEPT SEWER MAIN EASEMENT AND APPROVE AMENDMENT TO EXISTING SANITARY MAIN SEWER EASEMENT AT 2750 VINLAND STREET INITIATED BY: CITY OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, an amendment to the existing sanitary main sewer easement at 2750 Vinland Street is required to encompass the entire pipe located in the easement area and provide the City with adequate access for future maintenance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby accepts a sewer main easement and approves an amendment to the existing sanitary main sewer easement to encompass the entire pipe located in the easement area at 2750 Vinland Street, per the attached, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. 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: July 8, 2021 RE: Accept Sanitary Sewer Main Easement and Approve Amendment to Existing Sanitary Main Sewer Easement at 2750 Vinland Street BACKGROUND The City of Oshkosh is requesting acceptance of a sanitary sewer main easement to allow construction of sanitary sewer main and related structures through a portion of 2750 Vinland Street. The City is also requesting an amendment to an existing sanitary sewer main easement at the same property. The proposed easement will be located on the southerly portion of the Nevamar Company property located on the west side of Vinland Street. The site is developed with numerous light industrial buildings and associated structures. The facility accesses city sanitary sewer, an easement granted in 1982 running south of and between the existing buildings. An easement was used through the site as most of the properties located on Vinland Street were and still are located in the Town of Oshkosh. The close proximity of the easement and sewer to the buildings have made it impractical to allow for expansion of existing buildings or construction of new buildings. The owners approached the City to request the relocation of the easement and sanitary sewer to allow for future expansions on the site. The City is also requesting an amendment to an existing easement recorded in 1981 which allowed placement of the original sanitary sewer. The constructed pipe was not located entirely within the easement area and the description of the easement will be constructed to encompass the entire pipe. The site is generally surrounded by undeveloped or agricultural lands to the west, south, and east with the exception of four single-family homes encompassed by the site along Vinland Street. The north side of the property is fronted by a railroad right-of-way with spur line and a large scale warehousing facility north of the railroad. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us ANALYSIS The proposed easement will be 30 feet wide, approximately 1,284 feet long, and 38,518 square feet (0.884 acres) in area. It will be located north of and along the south property line running east to west from Vinland Street connecting to an existing sanitary sewer easement to the east. The new location of the sewer will be more “out of the way” as most of the easement will be located in the 20-foot side yard setback of the property leaving the lands to the north available for expanded development. Once the new sanitary sewer is constructed, the section of sewer no longer needed will be abandoned and a portion of the existing easement will be released. This will then allow for development over the old sewer area. The easement will allow the City to access the property and construct the sanitary sewer and related structures within the easement area. The City will have continued rights to access the easement area to maintain, replace, relocate, or remove the sanitary sewer facilities. The City has been working with the property owners who have agreed to grant the easement. The proposed amendment will add a 3,163 square foot 253-foot by 25-foot triangular area to the original easement area. This will completely cover the existing pipe and provide adequate room for City access for future maintenance. RECOMMENDATION The Plan Commission recommended acceptance of the easement and an amendment to the existing easement on July 6, 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 III – Accept Sanitary Sewer Main Easement – 2750 Vinland Street ITEM: ACCEPT SANITARY SEWER MAIN EASEMENT AND AMEND EXISTING SANITARY MAIN SEWER EASEMENT AT 2750 VINLAND STREET Plan Commission meeting of July 6, 2021. GENERAL INFORMATION Applicant: City of Oshkosh Department of Public Works Owner: 2750 Vinland, LLC Actions Requested: The City of Oshkosh is requesting acceptance of a sanitary sewer main easement to allow construction of sanitary sewer main and related structures through a portion of 2750 Vinland Street. The city is also requesting the amendment of an existing sanitary sewer main easement at the same property. Applicable Ordinance Provisions: N/A Property Location and Background Information: The proposed easement will be located on the southerly portion of the Nevamar Company property located on the west side of Vinland Street. The site is developed with numerous light industrial buildings and associated structures which produces surfaces for furniture, counters and similar items. Presently, the facility access city sanitary sewer which is in an easement granted in 1982 running south of and between existing buildings. An easement was used through the site as most of the properties located on Vinland Street were and still are located in the Town of Oshkosh. The close proximity of the easement and sewer to the buildings have made it impractical to allow for expansion of existing or construction of new buildings. The owners approached the city to request the relocation of the easement and sanitary sewer to allow for future expansions on the site. The applicant is also requesting an amendment to an existing easement recorded in 1981 (Document Number 565215, Winnebago County Register of Deeds) which allowed placement of the original sanitary sewer. It was discovered that the constructed pipe was not located entirely within the easement area and the description of the easement will be constructed to encompass the entire pipe. The site is generally surrounded by undeveloped or agricultural lands to the west, south and east with exception of four single-family homes encompassed by the site along Vinland Street. The north side of the property is fronted by a railroad right-of-way with spur line and a large scale warehousing facility north of that. ANALYSIS Item III – Accept Sanitary Sewer Main Easement – 2750 Vinland Street 2 The proposed easement will be 30 feet wide and approximately 1,284 feet long and 38,518 square feet (0.884 acres) in area. It will be located north of and along the south property line running east-west from Vinland Street connecting to an existing sanitary sewer easement to the east. The new location of the sewer will be more “out of the way” as the most of the easement will be located in the 20-foot side yard setback of the property, leaving the lands to the north of the easement available for expanded development. Once the new sanitary sewer is constructed, a section of sewer no longer needed will be abandoned and a portion of the existing easement will be released. This will then allow for development over the old sewer area. The easement will allow the city to access the property and construct the sanitary sewer and related structures within the easement area. The city will have continued rights to access the easement area to maintain, replace, relocate or remove the sanitary sewer facilities. The City has been working with the property owners which have agreed to grant the easement. The proposed amendment will add 3,163 square foot 253-foot by 25-foot triangular area to the original easement area. This will completely cover the existing pipe and provide adequate room for city access for future maintenance. The City Attorney’s office has drafted the necessary easement documents. The Department of Public Works does not have concerns with the proposal and is coordinating with the owners to have the appropriate easement documents signed and recorded at the Winnebago County Register of Deeds upon Common Council approval. RECOMMENDATION/CONDITIONS Staff recommends approval of the acceptance of the proposed sanitary sewer easement and amendment to existing sanitary sewer easement at 2750 Vinland Street as proposed. The Plan Commission approved acceptance of the easement and an amendment to the existing easement on July 6, 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. Figure 2 – Easement Amendment Figure 1 – Proposed Easement Item III – Accept Sanitary Sewer Main Easement – 2750 Vinland Street 3 The City of Oshkosh is requesting acceptance of a sanitary sewer main easement to allow construction of sanitary sewer main and related structures through a portion of 2750 Vinland Street. The city is also requesting the amendment of an existing sanitary sewer main easement at the same property. 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 easement will be located on the southerly portion of the Nevamar Company property located on the west side of Vinland Street. The site is developed with numerous light industrial buildings and associated structures which produces surfaces for furniture, counters and similar items. Presently, the facility access city sanitary sewer which is in an easement granted in 1982 running south of and between existing buildings. An easement was used through the site as most of the properties located on Vinland Street were and still are located in the Town of Oshkosh. The close proximity of the easement and sewer to the buildings have made it impractical to allow for expansion of existing or construction of new buildings. The owners approached the city to request the relocation of the easement and sanitary sewer to allow for future expansions on the site. The applicant is also requesting an amendment to an existing easement recorded in 1981 (Document Number 565215, Winnebago County Register of Deeds) which allowed placement of the original sanitary sewer. It was discovered that the constructed pipe was not located entirely within the easement area and the description of the easement will be constructed to encompass the entire pipe. The site is generally surrounded by undeveloped or agricultural lands to the west, south and east with exception of four single-family homes encompassed by the site along Vinland Street. The north side of the property is fronted by a railroad right-of-way with spur line and a large scale warehousing facility north of that. Staff recommends approval of the acceptance of the proposed sanitary sewer easement and amendment to existing sanitary sewer easement at 2750 Vinland Street as proposed. Mr. Hinz opened up technical questions to staff. There were no technical questions on this item. Mr. Hinz asked for any public comments and asked if the applicant wanted to make any statements. There were no statements from the applicant. Mr. Gierach said at this time there was no plan to install sewer in the new easement. It’s there as a placeholder for as things develop. There were no public comments on this item. Item III – Accept Sanitary Sewer Main Easement – 2750 Vinland Street 4 Mr. Hinz closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Mitchell to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Mr. Hinz asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 8-0. North High School Conservancy Oshkosh City LimitOshkosh City Limit VINLAND STVINLAND STPARK RIDGE AVPARK RIDGE AV W PACKER AVW PACKER AV WISCONSIN STWISCONSIN STINDUSTRIAL AVINDUSTRIAL AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/29/2021 1 in = 320 ft1 in = 0.06 mi¯2750 VINLAND2750 VINLAND 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: 6/29/2021 1 in = 300 ft1 in = 0.06 mi¯2750 VINLAND2750 VINLAND 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 HI HI SR-3 HI SR-3 SMU DR-6 MR-20-PD I SMU SMU I SMU UI SR-5 SR-5 SMU MR-12 BP SMU MR-12 DR-6 I MR-20-PD SR-9 North High School Conservancy Oshkosh City LimitOshkosh City Limit VINLAND STVINLAND STJACKSON STJACKSON STW PACKER AVW PACKER AV WISCONSIN STWISCONSIN STPARK RIDGE AVPARK RIDGE AV PPAARRKKS S II DDEEDDRRHEARTHSTONE DRHEARTHSTONE DRMORGAN AVMORGAN AV WEATHERSTONE DRWEATHERSTONE DR MMOORRGGAANN AAVV INDUSTRIAL AVINDUSTRIAL AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/29/2021 1 in = 500 ft1 in = 0.09 mi¯2750 VINLAND2750 VINLAND 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