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Home My WebLink About04. 22-515DECEMBER 13, 2022 22-515 ORDINANCE FIRST READING (CARRIED_______LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE OFFICIAL MAP AMENDMENT FOR THE DELETION OF THE CAMPBELL CREEK STORM DRAINAGE DETENTION AREA GENERALLY LOCATED AT THE SOUTHWEST CORNER OF WEST 9TH AVENUE AND SOUTH WASHBURN STREET 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 Common Council of the City of Oshkosh concerning the adoption of this deletion 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 deleting the Campbell Creek storm drainage detention area generally located at the southwest corner of West 9th Avenue and South Washburn Street, per the attached Exhibit A, thereby making revisions to the 15th Ward official map 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 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 15th Ward official map 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. DECEMBER 13, 2022 22-515 ORDINANCE FIRST READING 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 #23-XXX APPROVE OFFICIAL MAP AMENDMENT FOR THE DELETION OF THE CAMPBELL CREEK STORM DRAINAGE DETENTION AREA GENERALLY LOCATED AT THE SOUTHWEST CORNER OF WEST 9TH AVENUE AND SOUTH WASHBURN STREET on January 10, 2023. This ordinance deletes the Campbell Creek storm drainage detention area generally located at the southwest corner of West 9th Avenue and South Washburn Street. 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. ITEM: PUBLIC HEARING: OFFICIAL MAP AMENDMENT - DELETION OF MAPPED CAMPBELL CREEK STORM DRAINAGE DETENTION AREA GENERALLY LOCATED AT THE SOUTHWEST CORNER OF W. 9TH AVENUE AND S. WASHBURN STREET Plan Commission meeting of December 6, 2022. GENERAL INFORMATION Applicant/Owner: City of Oshkosh Action(s) Requested: The City of Oshkosh requests an Official Map amendment to delete the mapped Campbell Creek Detention Area generally located at the southwest corner of W. 9th Avenue and S. Washburn Street. 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, Background Information and Analysis: The subject site consists of part of four parcels generally located at the southwest corner of W. 9th Avenue and S. Washburn Street. In 2006, the City approved an Official Map Amendment (Ord. 06-340A) to map the subject site to reserve the land for a storm water detention basin. The City acquired the four parcels and the basin was constructed in 2016. 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, these 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. As development occurs in officially mapped areas for the purposes the mapping was used for, the mapping can be deleted. This removes the restrictions put in place by the mapping. Officially Mapped Area Item II – Official Map Deletion – Campbell Creek Storm Drainage Detention Area 2 Subject Site Existing Land Use Zoning Municipal Storm Water Detention Basin Institutional (I) Adjacent Land Use and Zoning Existing Uses Zoning North Single-Family Residential and Commercial Single-Family Residential-5 (SR-5) & Suburban Mixed Use (SMU) South Multi-Family Apartments Multi-Family Residential-12 (MR-12) East Commercial Suburban Mixed Use (SMU) West Multi-Family Apartments Multi-Family Residential-12 (MR-12) Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Institutional The City was approached by a developer to purchase the north +/-180 feet of parcel 13-1187- 0100 to combine with the residential lots along W. 9th Avenue for potential redevelopment. With the official mapping in place, the developer would be restricted with what can be done in that portion of the property. Staff is proposing to delete this mapping which will lift the restrictions currently in place. The Department of Public Works reviewed this request and supports the official map deletion. The detention basin has been constructed and the mapping has served its purpose and is no longer needed. RECOMMENDATION/CONDITIONS Staff recommends approval of the proposed official map deletion of the Campbell Creek Storm Drainage Detention Area as requested. The Plan Commission recommended approval of the Official Map Amendment on December 6, 2022. The following is their discussion on the item. Site Inspections Report: No Commissioner reported visiting the site. Staff report accepted as part of the record. Item II – Official Map Deletion – Campbell Creek Storm Drainage Detention Area 3 The City of Oshkosh requests an Official Map amendment to delete mapped Campbell Creek Detention Area generally located at the southwest corner of W. 9th Avenue and S. Washburn Street. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. Staff recommends approval with the findings and conditions as listed in the staff report. The City was approached by a developer to purchase the north +/-180 feet of parcel 13-1187-0100 to combine with the residential lots along W. 9th Avenue for potential redevelopment. With the official mapping in place, the developer would be restricted with what can be done in that portion of the property. Staff is proposing to delete this mapping which will lift the restrictions currently in place. The Department of Public Works reviewed this request and supports the official map deletion. The detention basin has been constructed and the mapping has served its purpose and is no longer needed. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. There were no public comments on this item. Mr. Perry 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. Perry asked if there was any discussion on the motion. Mr. Lyons said they are currently separate lots. Motion carried 8-0-1 present. OFFICIAL MAP DELETIONCAMPBELL CREEK BASINSTORM WATER DETENTION AREA A PART OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 28, TOWNSHIP 18 NORTH, RANGE 16 EAST, 13TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE S89°51'21"W, 1,017.88 FEET ALONG THE NORTH LINE OF SAID SECTION 28; THENCE S00°44'15"W, 277.52 FEET TO THE NORTHEAST CORNER OF LOT 2, CERTIFIED SURVEY MAP NUMBER 1190, WINNEBAGO COUNTY RECORDS, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE S89°51'21"W, 82.57 FEET ALONG THE NORTH LINE OF SAID LOT 2 TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE S00°44'51"W, 118.38 FEET ALONG THE WEST LINE OF SAID LOT 2 TO THE NORTHEAST CORNER OF LOT 2, CERTIFIED SURVEY MAP NUMBER 1181, WINNEBAGO COUNTY RECORDS; THENCE S89°51'21"W, 83.60 FEET ALONG THE NORTH LINE OF SAID LOT 2 OF CERTIFIED SURVEY MAP 1181; THENCE S00°41'42"W, 932.68 FEET ALONG THE WEST LINE OF SAID LOT 2, CERTIFIED SURVEY MAP 1181 TO THE SOUTHWEST CORNER OF SAID LOT 2, CERTIFIED SURVEY MAP 1181 ALSO BEING A POINT ON THE SOUTH LINE OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 28; THENCE N89°49'09"E, 494.59 FEET ALONG THE SOUTH LINE OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 28; THENCE N00° 51'48"E, 897.76 FEET; THENCE N89°08'12"E, 50.00 FEET; THENCE N41°40'24"E, 113.08 FEET TO THE WESTERLY LINE OF S. WASHBURN STREET; THENCE NORTHWESTERLY 70.54 FEET ALONG THE ARC OF A CURVE TO THE RIGHT BEING THE WESTERLY RIGHT-OF-WAY LINE OF S. WASHBURN STREET HAVING A RADIUS OF 510.74 FEET AND A CHORD WHICH BEARS N37°06'08"W, 70.49 FEET; THENCE S45°23'42"W, 143.56 FEET; THENCE N89°12'09"W, 310.92 FEET TO THE EAST LINE OF LOT 2 OF SAID CERTIFIED SURVEY MAP NUMBER 1190; THENCE N00°44'15"E, 108.76 FEET ALONG THE EAST LINE OF SAID LOT 2, CERTIFIED SURVEY MAP NUMBER 1190 TO THE NORTHEAST CORNER OF SAID LOT 2, CERTIFIED SURVEY MAP NUMBER 1190 ALSO BEING THE TRUE POINT OF BEGINNING. OFFICIAL MAP DELETION SW CORNER W 9TH & S WASHBURN PC: 12-06-2022 O & L CORPORATION 3389 COUNTY ROAD A OSHKOSH, WI 54901 BOSTON INC 2917 BUSINESS PARK DR STEVENS POINT, WI 54482 AMERICAN INVESTMENTS LLC 1585 W 20TH AVE OSHKOSH, WI 54902 WESNER REAL ESTATE LLC 1440 S COMMERCIAL ST NEENAH, WI 54956 STEVEN/REGINA SOBOJINSKI 909 S WASHBURN ST OSHKOSH, WI 54904 S & S CHAHAL BROTHER LLC 1015 S WASHBURN ST OSHKOSH, WI 54904 MIDLAND OSHKOSH ASSOCIATES 1604 ALTA VISTA AVE MILWAUKEE, WI 53213 CUMBERLAND COURT MASTER DEV LLC 600 MERRITT AVE OSHKOSH, WI 54901 2090 DICKINSON AVENUE LLC 1660 OSHKOSH AVE STE 100 OSHKOSH, WI 54902 LNJ PROPERTIES LLC 5180 SAND PIT LN OSHKOSH, WI 54904 CLARITY CARE INC 424 WASHINGTON AVE OSHKOSH, WI 54901 6TH WARD LLC 615 S MAIN ST OSHKOSH, WI 54902 CITY OF OSHKOSH PO BOX 1130 OSHKOSH, WI 54903 Westhaven Golf Course WW 99TTHHAAVV S S WWAASSHHBBUURRNNSSTTCCUUMMBBEERRLLAANNDDTTRRMM AARRIICCOOPPAA DDRR DICKINSON AVDICKINSON AV AARRDDMMOORREE TTRR GGRREEEENNFFIIEELLDD TTRR C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 11/17/2022 1 in = 220 ft1 in = 0.04 mi¯SW CORNER W 9TH & S WASHBURNSW CORNER W 9TH & S WASHBURN 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 SR-5 SMU I SMU-PD I I SMU-PD MR-12 MR-12 DR-6 I SR-5 I-PD I-PD SMU SR-5 DR-6 MR-12 MR-12 SMU-PD SMU Westhaven Golf Course !"#$41 !"#$41 W 9TH AVW 9TH AV SSWWAASSHHBBUURRNNSSTTSSKKOOEELLL L EERRSSTT ABBEY AVABBEY AV GREENFIELD TRGREENFIELD TRHERITAGE TRHERITAGE TRMM AA RR IICC OO PP AA DD RR LILAC STLILAC STCCUUMMBBEERRLLAANNDDTTRRGRACELAND DRGRACELAND DRAARRDDMMOO RR EE TTRRHENNESSY STHENNESSY STCCAAMMDDEE NNL L A A DD II CC KKIINNSSOONN AAVV WW77TT HH AAVV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 11/17/2022 1 in = 500 ft1 in = 0.09 mi¯SW CORNER W 9TH & S WASHBURNSW CORNER W 9TH & S WASHBURN 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: 11/17/2022 1 in = 200 ft1 in = 0.04 mi¯SW CORNER W 9TH & S WASHBURNSW CORNER W 9TH & S WASHBURN 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