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HomeMy WebLinkAbout10-03JANUARY 12, 2010 10 -03 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE OFFICIAL MAPPING OF A STORM DRAINAGE DETENTION AREA ON THE EAST SIDE OF WESTHAVEN CIRCLE BETWEEN SOUTH WESTHAVEN DRIVE AND MARICOPA DRIVE INITIATED BY: DEPARTMENT OF PUBLIC WORKS 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. 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shall be retained by the City Clerk in a hard- bound folder and each sheet thereof marked to the effect that it was rescinded by action of the Common Council this date; the new sheet added to the Official Map shall be marked to the effect that the amended sheet was adopted by action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. JANUARY 12, 2010 10 -03 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 #10 -XXX APPROVE OFFICIAL MAPPING OF A STORM DRAINAGE DETENTION AREA ON THE EAST SIDE OF WESTHAVEN CIRCLE BETWEEN SOUTH WESTHAVEN DRIVE AND MARICOPA DRIVE on January 26, 2010. 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 Storm Drainage Detention Area / East Side, Westhaven Circle A parcel of land being a part of Lot 303, 2 nd Addition to Westhaven Subdivision, located in the NE Y4 of the SW Y4 of Section 28, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, and being described as follows: Commencing at the Center of said Section 28, thence S89 0 34'42 "W, along the north line of the southwest Y4 of said Section 28, 242.80 feet to the northeast corner of said Lot 303; thence S00 0 48'34 "E, along the east line of said Lot 303, 342.29 feet to the Point of Beginning of this description; thence S60 0 00'55 "W, 326.67 feet to a point on the arc of the curve of the easterly right -of -way line of Westhaven Circle; thence southwesterly 389.92 feet along the arc of said right -of -way curve, the radius point of which lies westerly 366.00 feet, and the long chord of which bears S23 0 14'52 "W, 371.74 feet to a point, being the intersection of the northeasterly right -of -way line of Maricopa Drive and the easterly right -of -way line of Westhaven Circle; thence S31 °31'49 "E, along the northeasterly right -of -way line of Maricopa Drive, 127.11 feet to the beginning of a curve to the right, having its radius point bearing southwesterly 465.05 feet; thence southeasterly 165.08 feet along the arc of said right -of -way curve, the long chord of which bears S21 °21'40 "E, 164.21 feet; thence N78 0 48'30 "E, along the southerly line of said Lot 303, 319.42 feet to the southeast corner of said Lot 303; thence N00 0 48'34 "W, along the east line of said Lot 303, 704.17 feet to the Point of Beginning and the end of this description; containing 5.04 acres. i O f HKOfH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich M Director of Planning Services DATE: January 7, 2010 RE: Approve Official Mapping of a Storm Drainage Detention Area on the East Side of Westhaven Circle between South Westhaven Drive and Maricopa Drive (Plan Commission Recommends Approval) BACKGROUND The Department of Public Works requests approval to officially map a storm drainage detention area within the Campbell Creek Watershed for future stormwater improvements. The Campbell Creek basin is just south of the golf course clubhouse and extends from south of Highway 44 to the Fox River on a north by northeast bearing. 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. ANALYSIS The official mapping is for a future storm water detention area within the Campbell Creek Watershed just south of the Westhaven Golf Course Clubhouse and consists of approximately five acres. The purpose of the future storm water detention area is to preserve the land in order to provide flooding relief in the immediate upstream area (including the Newport Court and Westhaven Circle area) and downstream areas. FISCAL IMPACT The costs associated with the construction of the detention basin are included in the Preliminary 2012 Capital Improvements Program. RECOMMENDATION The Plan Commission approved of this request at its December 1, 2009 meeting. Approved,��z �� City Manager ITEM: OFFICIAL MAPPING FOR A STORM DRAINAGE DETENTION AREA EAST OF WESTHAVEN CIRCLE (SOUTH OF WESTHAVEN GOLF COURSE CLUBHOUSE) Plan Commission meeting of December 1, 2009 GENERAL INFORMATION Applicant: City of Oshkosh - Department of Public Works Property Owners: Westhaven Golf Club Action(s) Requested: The Department of Public Works requests approval to officially map a storm drainage detention area. Applicable Ordinance Provisions: Section 2 -52 of the Municipal Code and Section 30 -8 of the Zoning Code 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: The Department of Public Works requests approval to officially map a storm drainage detention area within the Campbell Creek Watershed for future stormwater improvements. The Campbell Creek basin is just south of the golf course clubhouse and extends from south of Highway 44 to the Fox River on a north by northeast bearing. 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. Subject Site Existing Land Use Zonin Vacant Land C-2 Adiacent Land Use and Lonm Existin Uses Zonin North Westhaven Golf Course .... 111..1... .. South .. Multiple Family Residential R-3 _...... East Golf Course ......... 1.111.. .. . West ..._. .. .. 1--l-I......... 1.1 .11......... .......... . .._....... Single Family Residential I R -1 Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS The official mapping is for a future storm water detention area within the Campbell Creek Watershed just south of the Westhaven Golf Course Clubhouse. The area to be officially mapped consists of approximately five acres. The purpose of the future storm water detention area is to preserve the land in order to provide flooding relief in the immediate upstream area (including the Newport Court and Westhaven Circle area) and downstream areas. The official mapping action will remove these areas from future private improvement; however, significant flooding problems and the associated public and private costs will help to be alleviated through this action. The detention basin is included in the Preliminary 2012 Capital Improvements Program for construction. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of the official map action as requested. The Plan Commission approved of the official mapping as requested. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and reviewed the site and surrounding area. He also displayed a map of the drainage basin including the location of the proposed pond. He also commented that the Capital Improvement Plan had funding budgeted in 2012 for the construction of the proposed detention area. Mr. Bowen questioned if the construction of the detention area would come before the Plan Commission for approval. Mr. Nau responded affirmatively and stated that the detention area would require approval of a conditional use permit and that action today was only for the official mapping of the area. Mr. Borsuk inquired if the detention area was planned for flood control only or water quality issues as well. Mr. Gohde responded that they will consider water quality issues but do not know the impacts at this point in time. Mr. McHugh inquired why the project was not scheduled to be constructed until 2012. Item — Official Mapping/Detention Areas Mr. Gohde replied that the project was still in the planning stage and needs to be coordinated with the WisDOT. Also funding costs had to be considered and the earliest it could be completed was 2012. Mr. Thorns questioned if the detention area would be a wet pond. Mr. Gohde responded that until further design work was completed, he did not know at this time. Mr. Thorns then questioned if the detention area would serve the Westhaven area. Mr. Nau responded affirmatively. Mr. Thorns inquired where the overflow from the detention area would be directed. Mr. Gohde replied that the study and design work needed to be completed but the overflow would be directed to the golf course which is the same as the current situation. Mr. Nau commented that Kathy Hable, 1795D Maricopa Drive, contacted the Planning Services office as she could not be present for today's meeting. She wanted to convey her support for the official mapping of the area for detention purposes. Motion by Thoms to approve the official mapping for a storm drainage detention area east of Westhaven Circle as requested. Seconded by Bowen. Motion carried 9 -0. Item — official MappingMetention Areas Campbell Creek Watershed Official Mapping Future Storm Water Detention Area This Official Mapping is for a future Storm Water Detention Area within the Campbell Creek Watershed just south of the Westhaven Golf Course Clubhouse. The area to be officially mapped consists of approximately five (5) acres. The purpose of this future storm water detention area is to preserve the land in order to provide flooding relief in the immediately upstream area (including the Newport Court and Westhaven Circle Area) and downstream areas. I:\Engineering \Storm Water Information \Campbell Creek Watershed \Westhaven Clubhouse Area \Clubhouse Area Official Mapping Description.doc Page 1 of I 3A 4 OFFICIAL MAPPING STORM WATER DETENTION AREA PC: 12 -01 -09 WESTHAVEN GOLF CLUB 1641 S MAIN ST OSHKOSH WI 54902 6913 BECK REV TRUST LYLE /ELLA M: 1501 WESTHAVEN CIR OSHKOSH WI 54904 8321 RE 1400 S WESTRAVEN DR SCHULTZ KURT A 1505 WESTHAVEN CIR OSHKOSH WI 54904 8321 PROCKNOW JOHN /DARREN VASS 1511 WESTHAVEN CIR OSHKOSH WI 54904 8321 SCHMITZ WILLIAM /MURIEL J 1515 WESTHAVEN CIR OSHKOSH WI 54904 8321 WATKINS MICHAEL P /KAYE K 1521 WESTHAVEN CIR OSHKOSH WI 54904 8321 LYTLE JEFFREY A 1798 MARICOPA DR OSHKOSH WI 54904 8260 RIEDI MICHAEL /LYNDA J VOGT 1525 WESTHAVEN CIR OSHKOSH WI 54904 8321 PETEK MR /MRS JOHN S 3845 SHOREBIRD CT OSHKOSH WI 54904 7796 SCHUMACHER JEFFREY /SHARON 1531 WESTHAVEN CIR OSHKOSH WI 54904 8321 KERSZTEN MICHAEL 1787 MARICOPA DR D OSHKOSH WI 54904 RE 1605 CRESTVIEW DR SIGNATURE DEVELOPMENTS LLC 4299 HIGHWAY 21 OSHKOSH WI 54904 9323 PATTERSON CLARE A /JAN M 1785 MARICOPA DR D OSHKOSH WI 54904 6712 LITJENS BARBARA 3811 W LEONARD RD OSHKOSH WI 54904 RE 1785 MARICOPA DR B FIRL ROBERT /JULIE 1787 MARICOPA DR A OSHKOSH WI 54904 HENKE ARNOLD 1308 MARICOPA DR OSHKOSH WI 54904 1787B &C & 1795B MARICOPA DR DESBROW MARY 1793 MARICOPA DR C OSHKOSH WI 54904 RE 1785C & 1797B MARICOPA DR KRUMENAUER ETHEL 1793 MARICOPA DR D OSHKOSH WI 54904 HENKE CAROL 1793 MARICOPA DR A OSHKOSH WI 54904 HABLE KATHLEEN 1795 MARICOPA DR D OSHKOSH WI 54904 GOLZ DANIEL 1797 MARICOPA C OSHKOSH WI 54904 KIES JEROME /ANN 12510 W FLAGSTONE DR SUN CITY WEST AZ 85375 RE 1785A MARICOPA DR KAISER JAIME 1795 MARICOPA DR A OSHKOSH WI 54904 SCHREIBER BRIDGET 1797 MARICOPA DR A OSHKOSH WI 54904 RICHARDS HELEN 1793 MARICOPA DR B OSHKOSH WI 54904 PERZENTKA JR JOSEPH ETAL 1500 WESTERN ST OSHKOSH WI 54901 RE 1797D MARICOPA DR LEINWEBER BRYAN 1795 MARICOPA DR C OSHKOSH WI 54904 5 0 01- 2563 Y 2553 2 D - - - - - -- EW PORT -- -.-.---- -. -. - 1 t 2471 i 245 'r,r 7� U a 0 am 2530 w i Qy 4 SUBJECT x SITE 25D4 / 250D �/ _.2514_._._._ -_2510 _ . .. .... - A / 585 . 2545,/ 7 i / 1 ,. - 25431 B i z, 2535 525 2533 i 2450 DISCLAIMER OFFICIAL MAPPING This map Is neither a legally recorded map nor STORM SEWER a survey and It is not Intended to be used as one. 1V Of HKOJ H This drawing Is a compilation of records, data DETENTION AREA and information located In various city, county -THC w4T and state offices and other sources affecting EAST O F W ESTHAVEN CIRCLE h' the area shown n and reference it Is to be used for reference CI of Oshkosh purposes only. The City of Oshkosh Is not re- Department Of sponsible for any Inaccuracies herein contained. If discrepancies are found, please contact the Community Development City of Oshkosh. Scale: 1" = 200' 11/17/09 Created by - dff U s omimm ol ME 0 z W ; -.'4r !J 1v pm�� m _ 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 - d OFFICIAL MAPPING STORM SEWER DETENTION AREA EAST OF WESTHAVEN CIRCLE Scale: 1 " = 200' 0 N OfHKOfH ON THE WATER City of Oshkosh Department of Community Development 11/17/091 E;7