HomeMy WebLinkAbout08-379OCTOBER 14, 2008 08 -379 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVAL OF OFFICIAL MAPPING OF THE EXTENSION
OF PROGRESS DRIVE FROM ITS CURRENT TERMINI
SOUTHEASTERLY TO VINLAND STREET
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30 -68
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 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 -68 of the Oshkosh Municipal Code pertaining to
the Official Map of the City of Oshkosh and its extraterritorial jurisdiction shown, is
hereby amended by deleting therefrom the present map sheet, and the substituting
therefore an amended map sheet, thereby making revisions to the official map as
described in the attached.
Official Mapping — Progress Drive extended from its current termini
Southeasterly to Vinland Street (per the attached)
SECTION 2. Immediately upon these amendments to the Official Map becoming
effective, the City Clerk shall file a certificate with the Register of Deeds for Winnebago
County showing that the City has amended its official map; and shall remove from the
Official Map the obsolete map sheet and shall replace it with a copy of the map sheet
attached hereto; the obsolete map sheet shall be retained by the City Clerk in a hard-
bound folder and each sheet thereof marked to the effect that it was rescinded by action
of the Common Council this date; the new sheet added to the Official Map shall be
marked to the effect that the amended sheet was adopted by action of the Common
Council of this date.
OCTOBER 14, 2008 08 -379 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 #08 -XXX APPROVAL OF OFFICIAL MAPPING OF THE
EXTENSION OF PROGRESS DRIVE FROM ITS CURRENT TERMINI
SOUTHEASTERLY TO VINLAND STREET on October 28, 2008. The Ordinance
officially maps the extension of Progress Drive to Vinland 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.
Official Mapping / Progress Drive
Progress Drive extended from current termini
Southeasterly to Vinland Street
Part of the Southwest Quarter of the Southwest Quarter of Section 2, and part of the
Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northwest
Quarter of Section 11 all located in Township 18 North, Range 16 East, City of
Oshkosh, Winnebago County, Wisconsin more particularly described as follows:
Commencing at the North Quarter corner of said Section 2; thence S00 0 10'26 "E, along
the East line of the said Northeast Quarter of the Northwest Quarter 401.82 feet; thence
S89 0 49'34 "W 33.00 feet to the West right -of -way line of Vinland Street and the point of
beginning; thence continuing S89 0 49'34 "W, 1,221.71 feet; thence 724.31 feet along the
arc of a 462.43 foot radius curve to the right whose chord bears N45 0 18'09 "W, 652.51
feet; thence N00 0 25'53 "W, 33.69 feet; thence 216.68 feet along the arc of a 300.00 foot
radius curve to the left whose chord bears N21 °07'21 "W, 212.00 feet; thence
N41 °48'49 "W, 296.43 feet; thence 147.85 feet along the arc of a 200.00 foot radius
curve to the right whose chord bears N20 0 38'08 "W, 144.51 feet; thence N00 0 32'34 "E,
17.67 feet to the Southwest corner of Lot 1 of Certified Survey Map No. 5907 recorded
in the Winnebago County Register of Deeds; thence S89 °34'01 "W, 66.01 feet to the
Southeast Corner of Lot 1 of Certified Survey Map No. 5614; thence S00 0 32.34 "W,
16.54 feet; thence 196.64 feet along the arc of a 266.00 foot radius curve to the left
whose chord bears S20 0 38'08 "E, 192.20 feet; thence S41 °48'49 "E, 296.43 feet; thence
169.01 feet along the arc of a 234.00 foot radius curve to the right whose chord bears
S21 °07'21 "E, 165.36 feet; thence S00 0 25'53 "E, 33.69 feet, thence 827.69 feet along the
arc of a 528.43 foot radius curve to the left whose chord bears S45 0 18'09 "E, 745.64
feet; thence N89 0 49'34 "E, 1,221.71 feet to the said West right -of -way line of Vinland
Street; thence N00 0 10'26 "W along said west right -of -line 66.00 feet to the point of
beginning. Described area contains 178,863 square feet or 4.11 acres, more or less.
Official Mapping ! Progress Drive
Progress Drive extended from current termini
Southeasterly to Vinland Street
Part of the Southwest Quarter of the Southwest Quarter of Section 2, and part of the
Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northwest
Quarter of Section 11 all located in Township 18 North, Range 16 East, City of
Oshkosh, Winnebago County, Wisconsin more particularly described as follows:
Commencing at the North Quarter corner of said Section 2; thence S00 °10'26 "E, along
the East line of the said Northeast Quarter of the Northwest Quarter 401.82 feet; thence
S89 °49'34 "W, 33.00 feet to the West right -of -way line of Vinland Street and the point of
beginning; thence continuing S89 °49'34 "W, 1,221.71 feet; thence 724.31 feet along the
arc of a 462.43 foot radius curve to the right whose chord bears N45 °18'09 "W, 652.51
feet; thence N00 0 25'53 "W, 33.69 feet; thence 216.68 feet along the arc of a 300.00 foot
radius curve to the left whose chord bears N21 °0721 "W, 212.00 feet; thence
N41 °48'49 "W, 296.43 feet; thence 147.85 feet along the arc of a 200.00 foot radius
curve to the right whose chord bears N20 0 38'08 "W, 144.51 feet; thence N00 °32'34 "E,
17.67 feet to the Southwest corner of Lot 1 of Certified Survey Map No. 5907 recorded
in the Winnebago County Register of Deeds; thence S89 °34'01 "W, 66.01 feet to the
Southeast Corner of Lot 1 of Certified Survey Map No. 5614; thence S00 °32.34 "W,
16.54 feet; thence 196.64 feet along the arc of a 266.00 foot radius curve to the left
whose chord bears S20 °38'08 "E, 192.20 feet; thence S41 °48'49 "E, 296.43 feet; thence
169.01 feet along the arc of a 234.00 foot radius curve to the right whose chord bears
S21 °07'21 "E, 165.36 feet; thence S00 0 25'53 "E, 33.69 feet, thence 827.69 feet along the
arc of a 528.43 foot radius curve to the left whose chord bears S45 °18'09 "E, 745.64
feet; thence N89 0 49'34 "E, 1,221.71 feet to the said West right -of -way line of Vinland
Street; thence N00 °10'26 "W along said west right -of -line 66.00 feet to the point of
beginning. Described area contains 178,863 square feet or 4.11 acres, more or less.
EXHIBIT " A "
PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 2, AND
PART OF THE NORTHEAST QUARTER OF T NORTHWEST QUARTER AND THE
NORTHWEST 1NH, ANGE QUARTER
16 EAST CITY OSHKOSH,�WII�INEBAGO COUNTY, V�;'ISCON IN
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AREA LOCATED IN NW-NW:
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AREA LOCATED IN SWSW:
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827.69'
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FlELDSOOKNUMBER
5397
P612
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kinney
Director of Community Development
DATE: October 9, 2008
RE: Approval of Official Mapping of the Extension of Progress Drive from its
Current Termini Southeasterly to Vinland Street
City Administration, applicant
(Plan Commission Recommendation: Approved)
BACKGROUND
City Administration requests approval of the official mapping of "Progress Drive" from
its current terminus south and southeasterly to intersect with Vinland Street. The street is
being mapped to identify the location of a "backbone" street that will be needed to
service the area for future industrial development.
ANALYSIS
If the street is not mapped, property owners could request land divisions and construct
improvements that could impact where a street could be installed and affect the area's
future industrial development potential. The area is currently undeveloped and is being
used agriculturally. The proposed location for the extension of "Progress Drive" is
consistent with the City's industrial development plan for the area.
FISCAL IMPACT
None at this time. As with all official mapping actions, the City may choose to acquire
the property at a future time.
RECOMMENDATION
The Plan Commission approved this request at its September 16, 2008 meeting.
ITEM: OFFICIALLY MAP RIGHT -OF -WAY "PROGRESS DRIVE"
Plan Commission meeting of September 16, 2008
GENERAL INFORMATION
Petitioner: City Administration
Owners: David & Nancy Boschwitz, Canadian & Northwestern Railroad and Lucy & Rob
Berman & Edith Harris
Action(s) Requested:
Officially map a 66 -foot wide segment of land as future right -of -way. The proposed road segment is
approximately 2,761 feet in length, starting at the southern terminus of Progress Drive and intersecting
with Vinland Street.
Applicable Ordinance Provisions: N/A
Property Location and Background Information
The subject property that is proposed to be officially mapped is located south of the City's Northwest
Industrial Park, east of Vinland Street. The subject site is undeveloped and currently being farmed. To
the south is Glen Valley horse farm and stables as well as mixed residential uses. Lake View Cemetery
and Radford Company is located to the west and to the east is Oshkosh Storage Company, Nevamar
Company and a few single - family dwellings.
The street is being mapped to protect the mapped area from future development that would conflict
with the ability to install a proposed street in the future. Without the map, it would be possible for the
property owners to request land divisions that would compromise the ability to construct a street
consistent with industrial park plans for the area as developed by the City.
Subiect Site
Agricultural
t Land Use and
North I Industrial (Northwest Industrial Park
Single, Two & Multiple - Family
South Residential & Agricultural / Horse Farm
East I Industrial &
Residential
Industrial (Northwest Industrial Park) &
West
M -1 Light Industrial & Office District
M -3
R -1, R -2, R -3 (City) & P -1 Institution
& .
Recreational Park District ( ..........County
. ........... . ...
.................................... ............... _.. ......_._............_.._...._.. ... ._..... .................._..
M -3 & R -1 (City) & M -1 Light
I .. _._...... ......_.._..........._ . ................................... _..
_........_ ....... ....... _ ............ .._ ... ......_._. ...............................
M -3 (City) & P -1 Institution &
Recreational Park District (County)
Co ``i`eher Oe 1?lar r Land else Iteco "in nc i;dativ Land' i se ' _
10 Year Land Use Recommendation Industrial
.. ............................................,......................................................................................................................................................................................;........................................................._..........-......._............._.._._................_........... ................._.............
20 Year Land Use Recommendation Industrial
ANALYSIS
The City is proposing to officially map "Progress Drive" to service industrial development in this area.
City consultants determined that this area is appropriate for future industrial park use as there is access
to Highways 41 and 45 as well as rail access. The mapping action is being requested in order to ensure
that no development would take place to interfere with the future street extension to Vinland Street.
The map action is consistent with a master plan (attached) for the area.
Communications
Attached to this staff report is a September 9, 2008 communication from one of the property owners
(Boschwitz) involved in this mapping request to the Community Development Director asking the City
to refrain from the mapping action until such time as the property is sold. Also attached is the
Community Development Director's response to Mr. Boschwitz.
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends approval of the official map action as
requested.
The Plan Commission approved of the official map action as proposed. The following is the Plan
Commission's discussion on this item.
Mr. Nau presented the item and stated that the City's Northwest Industrial Park was located to the
north of the area requesting to be mapped to protect it from future development that would conflict
with the ability to install a proposed street in the future. The subject site is currently vacant and
agricultural in use.
Mr. Dell'Antonia inquired how the layout of the proposed road was determined.
Mr. Burich responded that the layout was based on field conditions with consideration given in creating
the most developable area on the site and the ability to cross the existing railroad tracks at a
perpendicular angle.
Ms. Mattox questioned the status of Industrial Avenue.
Mr. Nau replied that it was a private road.
Stuart Beduhn, Bomier Properties, Inc., 5553 Waterford Lane, Appleton, representing the Boschwitz
family who owns the land where the official mapping action would take place, stated that they are in
the process of marketing the property for sale and anticipated having a buyer within six months. He
distributed a flyer advertising the property sale. He further stated that the owner would like the city to
hold off on the official mapping action at this time as they feel it would possibly confuse or deter
potential buyers as they may want to see the road in a different area or no road on the site at all. It is
ITEM II- OFFICIAL MAP- PROGRESS DR
their opinion that the new owner could work with the City after the purchase of the land on this issue.
Mr. Burich inquired how many parcels were being marketed for sale.
Mr. Beduhn replied that there were four parcels to the west and two to the east. He also stated that they
work with numerous larger developers who could potentially purchase all the parcels to create one
large site. The location of the railroad through the site may also cause a developer to want the road
located in a different area or the use of outside storage could be an issue as well.
Ms. Propp commented that she was concerned with the compatibility of any new uses in the area with
the existing uses.
Mr. Beduhn responded that any new development would be required to adhere to City setbacks, etc. A
new developer could potentially create employment opportunities for Oshkosh and the map action not
taking place at this time would give the seller more ability to negotiate with potential buyers. The lots
may be sold in parcels or as a whole depending on the buyer.
Ms. Mattox questioned how the site would be developed differently for example with the railroad
access.
Mr. Beduhn replied that fire protection and ambulance services would have to be available to all sites
as well as truck traffic desiring to have access from possibly Fernau Avenue rather than Vinland Street.
There is also a gas pipeline on the site that could create development difficulties. He commented that
there was no reason for this mapping action to have to occur at this time.
Mr. Esslinger arrived at 4:28 pm.
Jackson Kinney, Director of Community Development, stated that he had recently spoken with David
Boschwitz regarding this issue. The 1993 Comprehensive Plan had identified this land area to be
potentially developed as industrial use. There are wetlands and a gas pipeline located on the site and a
study completed by Foth Consultants determined the best layout for the proposed street. The 1995
Comprehensive Plan still designated this area as ideal for industrial use and Progress Drive would be
the primary road to create access to the site. The City needs to have a way to open up and service the
parcels in this area. He did not see why this mapping action would create any problems with the sale of
the property as the mapped layout could be changed, if appropriate, to accommodate development of
the site. The proposed street should be mapped prior to the land being sold, not after. The same
situation recently existed with the Jeld -Wen property and the map action was handled prior to the
marketing of the site as this is the most logical step in the process. The land is currently part of the
town, but will eventually be annexed into the City.
Mr. Beduhn commented that this situation is different than the Jeld -Wen site as the owners of the
property do not want this mapping action to occur at this time. They would like to see it delayed for
six months to a year so the parcels could still potentially be sold as one large site.
Mr. Kinney stated that when he worked with Jeld -Wen recently on the mapping action on their land
that the proposal was discussed for the Riverwalk plans and the company understood the reasons for
the City's desire to complete the official mapping prior to the land being marketed and cooperated with
the City on this endeavor.
ITEM 17- OFFICIAL MAP - PROGRESS DR 3
Mr. Dell'Antonia commented that even if the official mapping is approved at this time, the City has
changed the layout of previously mapped streets in the past if a new situation arose requiring it.
Mr. Borsuk stated that the City zoning ordinance was more restrictive than the Industrial Park
covenants and the intent of mapping was to guide owners as to what areas were anticipated to be for
industrial use as far as marketing the sites. As development on the site progresses, any land divisions
would require approval of the Plan Commission which could review the situation at that time so he did
not see what harm would come by delaying the mapping action until the land is sold.
Ms. Propp questioned how difficult the process was to change the street layout at a later time if the
current plan was approved now.
Mr. Burich responded that it was not an insurmountable task to adjust the official mapping if a new
development proposed to place a structure in the mapped area. There were still other options for the
layout of the, street; however, the mapping action makes the most sense to be completed at this time.
The site could end up being under utilized and the proposed layout makes the best use of the land for
industrial purposes and provides the most flexibility regardless of the future uses.
Mr. Lowry stated that he agreed with Mr. Borsuk. Considering the entire area to be mapped is owned
by one party and they are not in favor of the action, he did not see what the urgency was to complete
this process now.
Mr. Burich replied that there could be potentially four different sales of separate parcels in this area and
the City may not have a chance to map this area at a later date prior to development. The other
consideration is that the City needs to have the ability to provide a service to these sites such as water,
sewer, etc. and this is best done through street access.
Mr. Fojtik asked if the City was looking to establish a starting point for access to this area since the
land does have the potential of being sold in numerous small parcels.
Mr. Burich responded that the Foth study determined the best potential layout for the proposed street,
but the mapping action could be adjusted after the sale of the property to accommodate future
development purposes.
Mr. Bowen stated that the likelihood of this area being developed by one user is slim and the
possibility of multiple users necessitates the mapping of the street at this time. He would support the
official mapping action at this time with the intention of supporting the removal of such action if one
large user would purchase the entire site for a single development.
Mr. Dell'Antonia questioned if the Plan Commission held off on this official mapping now if it would
have the opportunity to review the mapping action at the time the land is being purchased.
Mr. Burich responded that this would only occur at the time of sale if the land was requesting
annexation or a land division relating to the sale.
Mr. Esslinger commented that since he arrived late he would be voting present on this issue.
Ms. Mattox stated that if the official mapping was approved at this time, the realtor could quote that the
City will support any potential buyer and was willing to work with them on the development of the
ITEMII- OFFICIAL MAP- PROGRESS DR 4
site.
Mr. Dell'Antonia added that the City has removed or adjusted officially mapped roads in the past to
assist in the development of a site.
Ms. Propp added that the proposed road may not necessarily be constructed just because it was
mapped. It was an issue the City is flexible on.
Mr. Burich commented that the official mapping would preserve the viability of industrial development
of this land for future uses.
Motion by Fojtik to approve the official mapping of right -of -way for Progress Drive as
requested.
Seconded by Propp. Motion carried 5 -2 -1. Ayes - Bowen / Fojtik /Propp/Mattox/Dell'Antonia.
Nays- Borsuk/Lowry. Abstained - Esslinger.
ITEM II- OFFICIAL MAP- PROGRESS DR
08/27/2015 19:39 FAX
Subj: PROPOSED MAPPING OF PROGRESS DRIVE
Date: .9/9/2008 9:28:14 A.M. Pacific Daylight Time
From: DAVBOSCH .
To: JKinney@cLoshkosh.vvWs
September 9, 2008
Jackson R. Kinney, Director
City of Oshkosh
Dept.. of Community Development
Planning Services Division
P.O. Box 1130
Oshkosh, WI 54903 -1130
VJUUI /UU2
Page 1 of 2
?3 Y V1-X : q zo- E3 &- :S'os3 ,
Re: Official mapping of Progress Drive
Dear Jackson,
Thank you for keeping me posted on your intentions to map Progress
Drive after our recent inability to reach agreement on a sale of our Vinland
Road properties to the City.
I did receive yesterday the formal Meeting Notice concerning the
mapping. We are in the process of just starting to market the property and fear
that the action of formally mapping Progress Drive could seriously impact our
ability to successfully sell the property and the value of the property. For this
reason, we are requesting that the City refrain from any further action with
respect to the property until it is sold. At that time, mapping could be discussed
and worked out.with all interested parties.
I do realize that the City has an interest in acquiring the property and
appreciate our discussions in this regard. However, I think the City's principal
interest here is in successful development of the property to support its
economy and tax base. My proposal would further the City's interest more than
would immediate mapping.
Thank you in advance for considering our position on this matter.
Very truly yours,
D4 J. Boschwitz
Tuesday, September 09, 2008 AOL: DAVBOSCH
Received Time Seu. 9. 2008 11:29AM No. 0921
City of Oshkosh
Dept of Community Development
215 Church Ave., PO Box 1130
Oshkosh, WI 54902 -1130
Q KOlI-I (920) 236 -5055
-fH owrnewnrm (920) 236 -5053 FAX
http: / /www.el.oshkosh.wl.us
September 10, 2008
Mr. David Boschwitz
3385 Jackson St.
San Francisco, CA 94118
Dear David:
JACKSON R. KINNEY
Director
I am in receipt of your letter of September 9, 2008, in which you request that the City
refrain from official mapping street.right of way on property you own on the west side of
Vinland Street on either side of the Canadian National Railroad's spur line.
In March of this year the Department of Community Development proposed the official.
mapping of Progress Drive from a point just south of Fernau Avenue, and continuing
south /southeasterly to Vinland Road. A notice was mailed to you that the proposed
official mapping was scheduled for review on March 18, 2008.
On March 17 you forwarded a FAX communication where you requested that the
proposed mapping be delayed pending discussion with City staff and your consultation
with your advisors. After receiving the communication I contacted you to discuss the
reasons for the official mapping, and we also discussed the possibility of the City
acquiring the land for the expansion of the City's Northwest Industrial Park. Since that
time we have had several communications on that subject, but to date we have not
been able to arrive at a proposed acquisition price.
The City's 1993 Comprehensive Plan designated the area west of Vinland Street in the
areas adjacent to the Canadian National spur line for industrial use. In 2003 the City
retained the services of Foth &'Van Dyke of Green Bay to examine the area near the
Northwest Industrial Park to identify how the area could effectively be developed for
industrial uses, which included identification of a road /street network to serve the area.
Included in the road /street network was a street that extended from Fernau Avenue on
the north to Vinland Street to the south /southeast, which generally reflects the proposed
official mapping for Progress Drive. In 2005 the City adopted an updated
Comprehensive Plan which continued to show the subject area for industrial land use.
4 /�,
In your September letter you ask that the City refrain from the official mapping until the
property is sold. It should be recognized, however, that the Official Map serves as an
important tool for the community to implement its Comprehensive Plan. Through the
official mapping process prospective developers are informed up front regarding the
municipality's long range growth plans. We believe it is appropriate to undertake the
official mapping at this time, so parties that may be interested in buying the property will
be able to see how the City intends to extend public infrastructure to serve the area.
The City is willing to continue discussions regarding the possible purchase of the
subject property, but we also recognize you can proceed to market the property to other
parties, and we have no problem with that approach.
The official mapping action provides a statement of the City's intent to undertake the
extension of its street network in a given manner. If after the Official Map has been
amended to include Progress Drive and you or a prospective purchaser come forward
with a proposed building project that conflicts with the official mapping, the City can
undertake a review and determine if a change would be appropriate.
have appreciated your willingness to discuss the future of the land which you own
along Vinland and I hope we can continue to maintain positive dialogue.
Sincerely,
A co in " �
Cc: City Plan Commission
5 A
EXHIBIT "A"
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OFFICIAL MAPPING KOEPPLER FAMILY LTD PARTNR RONALD HOLMES
PROGRESS DR. 40 W SIXTH AV 2800 VINLAND ST
PC: 09 -16 -08 OSHKOSH WI 54902 OSHKOSH WI 54901
RESIDENTIAL SERVICES MGT
424 WASHINGTON AV
OSHKOSH WI 54901
RE 2776 VINLAND ST
RE 3110 PROGRESS DR
BERMAN /HARRIS /BOSCHWITZ
3385 JACKSON ST
SAN FRANCISCO CA 94118
RE VINLAND ST VACANT LOTS
GENERAL NUMBER ONE LLC
PO BOX 14522
LENEXA KS 66285
RE 1755 W FERNAU AV
C &NW RAILROAD CO
ATTN REAL ESTATE DEPT
4823 W 119TH ST
MILWAUKEE WI 53225
8
DISCLAIMER
This map Is neither a legally recorded map nor
a survey and It is not Intended to be used as one.
This drawing is a compilation of records, data
and information located in various city, county
and state offices and other sources affecting
the area shown and It is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any Inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
Created by - dff
OFFICIAL MAPPING
PROGRESS DR.
Scale: 1" = 500'
O.rHKO.rH
ON THE WATER
City of Oshkosh
Department of
Community Development
03/10/08
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