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HomeMy WebLinkAbout10-04JANUARY 12, 2010 10 -04 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE OFFICIAL MAPPING OF STORM DRAINAGE DETENTION AREA ON THE NORTH SIDE OF STATE ROAD 91, EAST OF THE STATE ROAD 91 /JAMES ROAD INTERSECTION 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shall be retained by the City Clerk in a hard- bound folder and each sheet thereof marked to the effect that it was rescinded by action of the Common Council this date; the new sheet added to the Official Map shall be marked to the effect that the amended sheet was adopted by action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 -04 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 STORM DRAINAGE DETENTION AREA ON THE NORTH SIDE OF STATE ROAD 91, EAST OF THE STATE ROAD 91 /JAMES ROAD INTERSECTION 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 North Side, State Road 91 East of State Road 91 /James Road Intersection A parcel of land being a part of Lots 1 and 2 of CSM 4255, located in the SW Y4 of the SW Y4 of Section 31, Township 18 North, Range, 16 East, Town of Algoma, also being a part of the NW Y4 and of the SW Y4 of Section 31, Township 18 North, Range 16 East, Town of Algoma, and also being a part of the NE Y4 and SE Y4 of the SE Y4 of Section 36, Township 18N, Range 15E, Town of Omro, Winnebago County, Wisconsin, and being described as follows: Commencing at the southwest corner of said Section 31, thence N89 0 37'32 "E, along the south line of the southwest Y4 of said Section 31, 1,106.83 feet; thence N00 °00'00 "W 44.13 feet to the southwest corner of said Lot 1 of CSM 4255, which is also the Point of Beginning of this description; thence N50 0 02'34 "W, along the west line of said Lot 1 55.33 feet; thence N58 0 46'30 "W, along the west line of said Lot 1 102.66 feet; thence N51 °41'09 "W, along the west line of said Lot 1 526.18'; thence N37 0 42'48 "W 465.08 feet; thence S90 0 00'00 "W 284.88 feet to a point on the west line of the southwest Y4 of said Section 31, which is also a point on the west line of said Lot 2; thence S90 0 00'00 "W 498.90 feet; thence N00 0 18'18 "W 1 feet to a point on the north line of the southeast Y4 of said Section 36; thence N89 0 19'20 "E along the north line of the southeast Y4 of said Section 36, 497.98 feet to a point on the east line of said Section 36; thence N89 0 51'24 "E along the north line of the southwest Y4 of said Section 31, 589.83 feet; thence S00 °00'00 "E 1325.27 feet to a point on the south line of the northwest Y4 of the southwest Y4 of said Section 31, which is also a point on the north line of said Lot 2; thence S00 °00'00 "E 502.20 feet; thence S90 0 00'00 "W 256.39 feet; thence S37 0 42'48 "E 438.21 feet; thence S51 °41'09 "E 520.61 feet; thence S58 0 46'30 "E 103.23 feet; thence S49 0 31'43 "E 91.93 feet; thence S89 0 40'14 "W45.15 feet to the Point of Beginning and end of this description; containing 46.17 acres. A Y fH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: January 7, 2010 RE: Approve Official Mapping of a Storm Drainage Detention Area on the North Side of State Road 91, East of the State Road 91 /James Road Intersection (Plan Commission Recommends Approval) BACKGROUND The Department of Public Works requests approval to officially map a storm drainage detention area within the Sawyer Creek Watershed for future stormwater improvements. The Sawyer Creek basin begins southerly at Fisk Avenue and westerly at County Road FF and runs northeasterly towards the Fox River. 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 Sawyer Creek Watershed just north of the intersection of State Highway 91 and James Road and consists of approximately 46 acres. The future storm water detention area is situated at the confluence of two branches of Sawyer Creek. The purpose of the official mapping is to preserve the land in order to provide flooding relief to all downstream areas of Sawyer Creek. This flooding relief extends from the detention area to the confluence of Sawyer Creek and the Fox River. FISCAL IMPACT Funds for land acquisition, engineering and construction costs are included in the 2010 Capital Improvements Program. RECOMMENDATION The Plan Commission approved of this request at its December 1, 2009 meeting. Approved, AKJf-��� City Manager ITEM: OFFICIAL MAPPING FOR A STORM DRAINAGE DETENTION AREA NORTH OF STATE HIGHWAY 91 AT JAMES ROAD Plan Commission meeting of December 1, 2009 GENERAL INFORMATION Applicant: City of Oshkosh - Department of Public Works Property Owners: Wesley & Shirley Radloff, Donald & Beverly Kumbier 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 Sawyer Creek Watershed for future stormwater improvements. The Sawyer Creek basin begins southerly at Fisk Avenue and westerly at County Road FF and runs northeasterly towards the Fox River. 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. Subiect Site Existing Land Use Zonin AgriculturaINacant Land A -2ETZ (Algoma Extraterritorial) and A -2 (County) Adjacent Land Use and Lonin Existin Uses zonin A -2ETZ (Algoma Extraterritorial) and A -2 North Agricultural/Vacant Land .... ..............._.. Aa.ricul ...........__ ura ..................... aca .................... La ...... d ..... South tl/Vnt n East Agricultural/Vacant Land I -Agricu - .......... West tural/Vacant Land A.- _1.... (County)....._........._..... A -2ETZ (Algoma Extraterritorial) ................ . ......... ....................................... A -2 (County) Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Rural Preservation 20 Year Land Use Recommendation Rural Preservation/ Residential /Industrial ANALYSIS The official mapping is for a future storm water detention area within the Sawyer Creek Watershed just north of the intersection of State Highway 91 and James Road. The area to be officially mapped consists of approximately 46 acres. The future storm water detention area is situated at the confluence of two branches of Sawyer Creek. The purpose of the official mapping is to preserve the land in order to provide flooding relief to all downstream areas of Sawyer Creek. This flooding relief extends from the detention area to the confluence of Sawyer Creek and the Fox River. 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 2010 Capital Improvements Program for land acquisition, engineering and 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 2010 for the construction of the proposed detention area. Ms. Propp questioned if this area was within the City limits. Item — Official Mapping/Detention Areas 2 Mr. Nau responded that the area was within the Town of Algoma expansion area and the Town of Omro. He further stated that this detention area would also require the approval of a conditional use permit prior to construction. Ms. Propp then questioned if stormwater detention areas have to be located within City limits. Mr. Gohde replied that the City cannot take credit for taken sediments for ponds outside the City limits. Mr. Thorns inquired if the detention area would not treat water quality. Mr. Gohde responded that it was a dry basin and not designed for that purpose so it would have very small water quality benefit. He displayed a map showing the basin location and the area of the 100 year flood plain that will be removed from designation due to the construction of the detention area. Mr. Nollenberger questioned what the impact was of doing the official mapping in advance of the land acquisition. Mr. Gohde replied that the only impact was to prevent development on the site if the land would change hands prior to the acquisition. The official mapping would have no affect on the highest or best use of the land. Mr. Borsuk inquired if it would affect the proposed west side arterial road. Mr. Gohde responded that it was located west of the proposed arterial road. Donald Kumbier, 4936 State Road 91, stated that he owns approximately 10 acres of the land that is proposed to be officially mapped for the detention area and questioned what reasoning the City has to take his property when he uses that land for farming purposes to earn a living. Mr. Gohde replied that according to the study completed, placing the detention area at this location where the creeks come together would be of primary benefit. Beverly Kumbier, 4936 State Road 91, distributed photographs of the area across the road depicting the flooding issues in that area. She commented that the City should consider locating the detention area south of their property as she did not feel it would be effective to place it on their land when the parcels to the south are under water as well. She further stated that the detention area may resolve some flooding issues for City properties but would have no benefit for their area. Mr. Gohde stated that the detention area was designed to serve the City and not this area. Mr. Bowen inquired if the property owners were contacted prior to this regarding the mapping of their land. Ms. Kumbier replied they were not. The first contact from the City was the meeting notice received for the Plan Commission meeting today, and that was received about ten days ago. Item — Official Mapping/Detention Areas Mr. Burich questioned when construction was scheduled to take place for the detention area. Mr. Gohde responded that it was scheduled for 2010. Mr. Bowen inquired what the impact would be of laying the item over to a future meeting. Mr. Gohde replied that it would delay the entire process to acquire the land and that the WisDOT's need for fill for the highway reconstruction project was for 2010 only and that was reducing construction costs for these detention areas driving the need to proceed as soon as possible. After some discussion of the official mapping process, and procedures to acquire land after the mapping, Mr. Hinz questioned what the process of condemnation was. Mr. Gohde responded that the City has specific procedures to follow to acquire land and condemnation is a term relating to the manner used to acquire said land. Mr. Hinz commented that he does not want to support some type of government land grab. Ms. Lohry asked if the ethanol plant was located to the south of the Kumbier's property. Ms. Kumbier responded affirmatively. Mr. Bowen explained that condemnation is part of a process of eminent domain which is a well established legal process under which property owners have rights. The official mapping is the mechanism to establish a place holder. Mr. Thorns stated that he understands the official mapping process and that it is part of a process to make people sell property if they don't desire to, but he feels that the City should go talk with the owners first. Mr. Nollenberger commented that he is not that familiar with the official mapping process and had concerns with how the process affects the value of the property. Mr. Borsuk stated that he understands the concerns in this matter but the Commission has to consider what is good planning and their responsibilities to the City. The City is trying to address both flooding and water quality issues and the property owner will be treated fairly in negotiations. He further commented that we have to be concerned with what is best for the City and he did not see any advantage in delaying voting on this item. Mr. Thorns commented that property rights should mean something and he felt that even if it is in the best interest of the public, it harms the value of the property and it's wrong. Mr. McHugh stated that official mapping is an action usually done for plans to be completed in future years. He commented that construction is planned for 2010 and funding already in the budget so the project is going to be moving forward immediately. He stated that he would not be supporting this request. The site is not even located in the City and the property owners should have been contacted prior to this meeting to discuss the matter. Item — Official Mapping/Detention Areas Mr. Bowen commented that he was disturbed by how this has unfolded and although the matter was not handled well by the City, the Commission had to focus on the issue. We need to decide if we are going to do something about stormwater issues, however a much more user friendly process needs to be established. Ms. Propp agreed and stated that we need to move forward on this issue. She further commented that the official mapping was just the first step in the process and the issue would be addressed by the Common Council. The City was within its rights to request to map the area however she was not pleased with the way it was handled as well. Ms. Lohry commented that she would not support the issue since the property owner had displayed in her photos that the flooding issues were present to the south of their property. She felt a different location should be considered for the detention area. Mr. Burich clarified that the official mapping process is not taking the property from the owner. He further explained condemnation action and the land acquisition process and assured the Commission that no land was being acquired by the official mapping action being discussed today. Official mapping can be withdrawn at any time and the land can still be farmed while the process is proceeding. The official mapping will move forward to the Common Council for approval and, if approved, negotiations will begin in regard to the acquisition of the land. Mr. Nollenberger commented that the mapping would not prevent the owners from farming the land but questioned if the official mapping would prevent them from selling it for development of a residential subdivision. Mr. Burich responded affirmatively. Mr. Borsuk stated that the Comprehensive Plan does not designate this area as residential use. Mr. Burich commented that the official mapping essentially treats the area as a 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. Mr. Borsuk asked if the legal description of the site would be published with the item proceeding to the Common Council afterwards. Mr. Gohde replied that the legal description was in the process of being prepared at this time. Mr. Burich requested that the public hearing notice for the mapping action be sent to the property owners when published. Motion by Bowen to approve the official mapping for a storm drainage detention area north of State Highway 91 at James Road as requested. Seconded by Borsuk. Motion carried 5 -4. (Ayes - Borsuk/ Bowen /Fojtik/Propp/Nollenberger. Nays -Thoms /Hinz /McHugh/Vajgrt.) Item — Official Mapping/Detention Areas Sawyer Creek Watershed Official Mapping Future Storm Water Detention Area This Official Mapping is for a future Storm Water Detention Area within the Sawyer Creek Watershed just north of the intersection of STH 91 and James Road. The area to be officially mapped consists of approximately forty-six (46) acres. The future storm water detention area is situated at the confluence of two branches of Sawyer Creek. The purpose of the official mapping is to preserve the land in order to provide flooding relief to all downstream areas of Sawyer Creek. This flooding relief extends from the detention area to the confluence of Sawyer Creek and the Fox River. I:1Engineering\Stonn Water Infonnation\Sawyer Creek WatershedUames Road DetentionUames Road Official Mapping Description.doc Page I of 1 Z ♦ i Q � O U) o I O cn LL o I I Wg � En OO <J7$ Yy o o n z K W I C) O W z 4 . I �Z Z U_ v U W i9 N 6 N / 9 ` u�t�mx P �a QB13 . ❑ an O 7 OFFICIAL MAPPING STORM WATER DETENTION AREA JAMES RD & STATE RD 91 PC: 12 -01 -09 KUMBIER DONALD /BEVERLY 4936 STATE RD 91 OSHKOSH WI 549040000 RADLOFF WESLEY /SHIRLEY 2061 JAMES RD ` OSHKOSH WI 549040000 RE VACANT LOTS N OF STH 91 GLATZ /JENNIFER M 4812 STATE RD 91 OSHKOSH WI 549040000 WIND RIDGE FARM INC 4909 COUNTY RD K OSHKOSH WI 549040000 RE VACANT LOTS S OF CTH K RADLOFF /DENNIS 2370 JAMES RD OSHKOSH WI 549040000 RE VACANT LOT JAMES RD /STH 91 KUMBIER /DONALD D KUMBIER /BEVERLY J 4936 STATE RD 91 OSHKOSH WI 549040000 CHARLOTTE NELSON CLERK TOWN OF ALGOMA 15 N OAKWOOD RD OSHKOSH WI 54904 BARBARA CROISANT CLERK TOWN OF OMRO 7496 STATE RD 21 OMRO WI 54963 0 i b o o � ©•d 0 0 ' D, SUBJECT SITE o ®° $� _ 0 © ° ®v ® 4• o $o 0 a � DISCLAIMER OFFICIAL MAPPING 0 This map is neither a legally recorded map nor STORM WATER �T it Intended to be used as one. a survey and s not lv O•f HKOlH This drawin I g s a compilation of records, data DETENTION AREA THE WATER and information located in various city, county ON and state offices and other sources affecting the area shown and it Is to be used for reference JAMES R D &STATE R D 91 City 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" = 1000' 11/17/09 Created by - dff A jai �..■ _ I � i ii i � O - o �• 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. OFFICIAL MAPPING STORM WATER DETENTION AREA JAMES RD & STATE RD 91 Scale: 1" = 1000' N QfHK0fH ON THE WATER City of Oshkosh Department. of Community Development 11/17/09 Creat by - dff