HomeMy WebLinkAbout10-132APRIL 27, 2010
10 -132 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN
PURPOSE: APPROVE CONDITIONAL USE PERMIT TO DEVELOP A WET
STORMWATER MANAGEMENT BASIN /DETENTION POND AT
NORTH HIGH CONSERVANCY ON A PORTION OF THE NORTH
HIGH SCHOOL PROPERTY / 1100 WEST SMITH AVENUE
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
PLAN COMMISSION RECOMMENDATION: Found to be consistent with Section 30 -11(D)
and approved with conditions
BE IT RESOLVED by the Common Council of the City of Oshkosh that a
conditional use permit to develop a wet stormwater management basin /detention pond,
per the attached, is hereby approved with the condition that the two subject parcels be
combined into one parcel once the City takes ownership of Lot 1 of the proposed
certified survey map.
1 HK fH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: April 22, 2010
RE: Approve Accepting Easement to Provide Access to North High Conservancy West
Stormwater Management Basin / Portion of 1100 West Smith Avenue, North High
School (Plan Commission Recommends Approval)
BACKGROUND
The subject site is a 27.65 acre area comprised of two parcels of a proposed Certified Survey Map
owned by the Oshkosh Area School District (Oshkosh North High School). The City is in the process
of acquiring the 1.37 acre parcel (Lot 1 of proposed Certified Survey Map) to be combined with the
North High Conservancy property for construction of a wet detention basin. With the exception of the
school and the North High Conservancy, the general area is comprised of a mix of single and two -
family uses.
ANALYSIS
The purpose of the easement request is to allow legal vehicular and pedestrian access to the proposed
wet detention basin as well as the North High Conservancy. The proposed easement will be 40 feet
wide and extend from the south line of vacated Morgan Avenue north approximately 239 feet to the
south line of the North Conservancy property. The easement is necessary for construction of the
detention basin and long -term access to the site for maintenance of the basin. After review by the Plan
Commission and approval by the Common Council, the easement documents will be recorded at the
Winnebago County of Register of Deeds.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its April 20, 2010 meeting.
Approved,
City Manager
ITEM: CONDITIONAL USE PERMIT TO DEVELOP A WET STORMWATER
DETENTION BASIN AT NORTH HIGH CONSERVANCY (NORTHWEST
OF OSHKOSH NORTH HIGH SCHOOL)
Plan Commission meeting of April 20, 2010
GENERAL INFORMATION
Applicant: Department of Public Works
Owners: City of Oshkosh
Action(s) Requested:
The applicant is requesting a conditional use permit to develop a wet stormwater management
basin.
Applicable Ordinance Provisions:
Public utility structures are permitted through conditional use permit in R -1 Single Family
Residence Zoning District as regulated in Section 30 -17 (A) of the Zoning Ordinance. Standards
imposed on Conditional Use Permits are located in Section 30 -11 (D) of the Zoning Ordinance.
Background Information Property Location and Type:
The subject property consists of two properties; the first being a 12.19 acre city -owned property
known as North High Conservancy and the second being an adjacent 1.37 acre parcel which the
City is in the process of acquiring from the Oshkosh Area School District (Oshkosh North High
School). The conservancy is a wooded wetland area used for passive recreation and contains
pedestrian trails and a pond. The general area is a mix of low to medium residential uses with the
exception of Oshkosh North High School to the south.
Cnhiar* .Cite
Existing Land Use
Zonin
Vacant Land/North High Conservancy
R -1
Adjacent Land Use and Coning
Existing
Uses
Zonin
North
Vacant Land - Wetlands .. .. .
R -1 .. .
South
. ....... .
Institutional (Oshkosh North High School)
R 1 .. ... ...
East
_ g il .... ...... . .__... id ......
Sin le -Fam Residential _ .
R -1
_ ....... ......... ......_..
Two - Family Residential, Public Utility
R -1 & R -2
West
Structures
Comprehensive Plan Land Use Recommendation
Land Use
10 Year Land Use Recommendation
Public Institutional and Parks
& Recreational .............
.......... . .......... ... .......... . .............
........ _ . ...._ . ...... .... . ......... . .
20 Year Land Use Recommendation
................ ....... .. ....... _
Public Institutional and Parks
& Recreational
ANALYSIS
The City of Oshkosh Department of Public Works hired AECOM to perform a study on the Libbey
Avenue Stormwater Drainage Basin. The drainage basin is roughly bounded by W. Packer
Avenue on the north, Crane Street and Kaitlynn Drive on the west, Stillwell and Gruenwald
Avenues on the south and the Canadian National Railroad on the east. The outfall for the basin is
through the ditch off Libbey Avenue to Lake Winnebago. The basin has frequently flooded during
even moderate rainfall events. A combination of detention basins and pipe improvements will be
required to reduce the occurrence and severity of flooding in the drainage basin. This is the first of
the improvements to be implemented. A neighborhood meeting was held on March 31 st at North
High School for any interested residents.
The proposed wet detention basin is located on land to be acquired from the Oshkosh Area School
District (Lot 1 of proposed Certified Survey Map) and the existing City owned land to the north.
The Common Council approved acquisition of the land in September of 2009. The basin was
situated to minimize the impact to the existing City owned wooded lot adjacent to the school. To
alleviate setback issues, staff is recommending that the two parcels be combined once the City
closes on the property acquired from the School District.
The City had hired an arborist to determine what type and quality of trees would be impacted by
the proposed detention basin. The subject area contains no high quality trees within the proposed
detention basin area. Most of the trees are cottonwood box elder or silver maple with heavy
buckthorn undergrowth. There are a few elm and ash trees located within the area, these trees are
expected to have a limited life span. The majority of the apple trees located near the school
driveway will remain. The restoration around the detention basin will consist of native prairie
plantings on the slopes and higher ground with a grass buffer adjacent to the High School
property. Several high quality trees will be planted at the outer limits of the disturbed area. The
safety shelf will be planted with emergent plant species to discourage geese from using the basin
and deter people from entering the water.
The detention basin will be constructed in conformance with technical standards. These standards
include a safety shelf, side slopes where a person can walk out, a forebay to collect suspended
solids and an emergency overflow route. The wet detention basin will remove approximately 8.1
tons of sediment per year from the runoff. A relocated pedestrian path east of the pond will
connect the school property to the existing trail system within the conservancy.
Staff feels that this is a good opportunity to help remedy future flooding issues within the Libbey
Avenue Drainage Basin. The construction of the wet basin will not have a negative impact on the
adjacent properties as the primary use of the land will not change. The wet basin along with the
proposed plantings and landscaping will enhance the look of the conservancy.
RE COMMENDATION /CONDITIONS
The Department of Community Development recommends a finding that the proposed conditional
use permit request is consistent with Section 30 -11(D) of the Zoning Ordinance and be approved
with the following condition.
1. The two subject parcels be combined into one parcel once the City takes ownership of
Lot 1 of the proposed Certified Survey Map.
Item -North High Conservancy CUP
The Plan Commission approved of the conditional use permit as requested with conditions noted.
The following is the Plan Commission's discussion on this item.
Mr. Nau presented the item and reviewed the site and surrounding area and a map of the land use
in said area. He also reviewed a map of the Libbey Avenue Drainage Basin and stated that this
was the first step in a multi -phase process to relieve the flooding issues in the neighborhood. He
reviewed the area where the detention basin would be located and stated that approximately 100
trees would be impacted by its construction however none of them were quality trees. He also
reviewed a site plan of the detention basin layout and commented that 8.1 tons of sediment per
year was anticipated to be removed from the stormwater runoff. The pedestrian path on site would
be relocated and Mr. Nau reviewed the one condition on the request that the two subject parcels be
combined into one once the City takes ownership of Lot 1 of the certified survey map.
Commission members decided that since all three of these items are related that staff should
present all three before discussion and voting on any one item.
VIB. TWO -LOT LAND DIVISION /CERTIFIED SURVEY MAP FOR PROPERTY
LOCATED AT 1100 W. SMITH AVENUE (OSHKOSH NORTH HIGH SCHOOL)
Two -lot land division/certified survey map of one parcel containing 27.65 acres. Sizes of the
proposed lots are as follows:
Lot 1 = 1.37 Acres
Lot 2 = 26.28 Acres
Mr. Nau presented the item and reviewed the site and area for both proposed Lot 1 and Lot 2. He
commented that the proposed lots were transposed in the staff report and that Lot 1 was the area to
be acquired by the City from the Oshkosh Area School District. He further commented that all the
features of Oshkosh North High School would still be conforming after the land division and
reviewed the condition recommended for this request which was the same as the condition placed
on the conditional use permit request.
VIC. ACCEPT ACCESS EASEMENT FOR PROPERTY LOCATED NORTH OF 1100
W. SMITH AVENUE (OSHKOSH NORTH HIGH SCHOOL)
The Department of Public Works is requesting acceptance of an access easement located at the
west side of the subject property adjacent to Morgan Avenue.
Mr. Nau presented the item and explained that this was a land locked parcel and the easement was
necessary to provide access to the detention basin for construction and maintenance. He also
stated that the appropriate easement documents will be signed and recorded at the Winnebago
County Register of Deeds if approved.
Mr. Thorns questioned if any one of these items could be approved without the other.
Mr. Nau responded negatively. The three items were all necessary for the construction of the
proposed detention basin.
Mr. Gohde pointed out that the proposed 40 foot wide easement extended to the south of Morgan
Avenue and was not correctly displayed on the map presented.
Item -North High Conservancy CUP
Mr. Nau acknowledged that the area was not correctly depicted and displayed the detailed
easement area proposed which correctly depicted the easement extending to just south of vacated
Morgan Avenue.
Mr. Thorns inquired why the access easement was necessary.
Mr. Gohde responded that the easement was necessary to construct and maintain the detention
basin.
Robert Cornell, 548 West Smith Avenue, stated that he had lived in this location since 1983 and
had worked on this project since its commencement. He urged the Commission members to
support this project as there was a lot of standing water in the area in spring and after storm events
and the construction of this detention basin would make a big difference to the neighborhood and
will enhance the entire area. It would definitely be an asset to the neighborhood.
Motion by Nollenberger to approve a conditional use permit to develop a wet stormwater
detention basin at North High Conservancy as requested with the following conditions:
The two subject parcels be combined into one parcel once the City takes ownership of
Lot 1 of the proposed Certified Survey Map.
and to approve the two -lot land division /certified survey map for property located at 1100
W. Smith Avenue as requested with the following conditions:
Proposed Lot 1 be combined with the city-owned North Conservancy property to the
north (Parcel 412- 1940 - 0100).
and to approve the acceptance of the access easement for property located north of 1100
W. Smith Avenue as requested.
Seconded by Lohry. Motion carried 7 -0.
Item -North High Conservancy CUP
City of Oshkosh Application
�r ❑ Planned Development Review
0-IHKQfH , Conditional Use Permit Review
ON THE WATER
* *PLEASE TYPE OR PRINT USING BLACK INK **
APPLICANT INFORMATION
Petitioner:
SUBMIT TO:
Dept. of Community Developmer
215 Church Ave., P.O. Box 1130
Oshkosh, Wisconsin 54903 -1130
PHONE: (920) 236 -5059
Date:
Petitioner's Address: .2t 5 G4 u rc t., AL/-r City: Os� Lj
Telephone #: (Q &) -13G - S'
Fax: (
Other Contact # or Email:
Status of Petitioner (Please Check): .& Owner ❑ Representative ❑ Tenant 9 Prospective Buyer
Petitioner's Signature (required):
OWNER INFORMATION
Date: 3 /�
Owner(s): Date:
Owner(s) Address: City: State: Zip:
Telephone #: ( ) Fax: ( ) Other Contact # or Email:
Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership ❑ Corporation
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the
property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative
and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons.
Property Owner's Signature: Date:
SITE INFORMATION
Address/Location of Proposed Project: t 1 6 w, 5` '''`vL Parcel No. /- Z/Jr Ya
Proposed Project Type: STb - t L-- f r-e" DdA- A , s' h
Current Use of Property: ��QCQ�rT Zoning: I?
Land Uses Surrounding Site: North: VCc c4A t �� 11 t � [[�� ��-- //
South: ys'7 k-
East: t)54 Los ,1U0 iJ 14 9 �e J c�-C3a l
West:
"Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
Application fees are due at time of submittal. Make check payable to City of Oshkosh.
Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE
For more information please the City's website at www.ci.oshkosh.wi.us/Community _pevelopment/?Ianning.htm
Staff Date Reed
5
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State: W Zip: W901
Briefly explain how the proposed conditional useldevelopment plan will not have a negative effect on the issues below.
1. H // ealth, safety, and general welfare of occupants of surrounding 1 lands. / J /�
4e_ J�DPOStcr �CGrCrr�i6n �tN 4JiL( PrOVt�LtG ��QOC�.nq ✓G��L•T �ro�C✓714I
2. Pedestrian and vehicuIV circulation and safety
-1 1
JJ u�rI I b_ ✓'C (cr ec{ 43 �lrf OT C Dio`GCJ.
3 .. ., / Noise, air, water, or other forms of environmental 1 p ollution.
4e- dG4c44 -aH Laa;k, wd l r -e- P-Itu 'O� 7 � �Gr,�ec� Sr�liQ/S J fYOy. -, 7irG rCeiH u�a
r�H o'� �'; o r '�e cjlrsc�u •-� : h� - lo Lo �c Lc.):vw, e �i D .
4. The demand for and availability of publ services and facilities.
- 1 - 4,Lr W'4 reduce " e Je.+,a", Oh `Ni e- pLAah'c S4
-7 SEc2� eJ
5. Character and future development of the area.
' ,,l , ., I (,. / r / /
�,G b a3i"1 A w r
11 C ,-JC a" o?--- Q, ! ` tvr ll 7t �'�r,r_d w A nG�'��vc Species ,
R ,r,Juc; o.- 't(oGG�.GaJ• in ` t a,,eq ;s q be e:� 4 all P /ore�y C7WhG/S,
SUBMITTAL REOUIREMENTS — Must accompany the application to be complete.
➢ A NARRATIVE of the proposed conditional use/Development Plan including:
❑ Existing and proposed use of the property
❑ Identification of all structures (including paving, signage, etc.) on the property and discussion of their relation to the project
• Projected number of residents, employees, and/or daily customers
• Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the
nearest one - hundredth of an acre
❑ Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc.
❑ Compatibility of the proposed use with adjacent and other properties in the area.
❑ Traffic generation (anticipated number of customers, deliveries, employee shift changes, etc.)
❑ Any other pertinent information to properly understand the intended use /plan and its relation to nearby properties and the
community as a whole
➢ A complete SITE PLAN and BUILDING ELEVATIONS must include:
❑ Two (2) full size (minimum 24" x 36 ") scaled and dimensioned prints of site plan and building elevations
❑ Two (2) S '' /z" x 11 (minimum) to 11" x 17" (maximum) reduction of the site plan and building elevations
❑ One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style
table file (if plans have been prepared digitally)
❑ Title block that provides all contact information for the petitioner and/or owner and contact information of petitioner's
engineers /surveyors /architects, or other design professionals used in the preparation of the plans
❑ The date of the original plan and revision dates, if applicable
❑ A north arrow and graphic scale.
❑ All property lines and existing and proposed right -of -way lines with dimensions clearly labeled
❑ All required setback and offset lines
❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, signs, decks, patios,
fences, walls, etc.
❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for screening
❑ Location and dimension of all on -site parking (and off -site parking provisions if they are to be employed), including a summary
of the number of parking stalls provided per the requirements of Section 30 -36 City of Oshkosh Zoning Ordinance
❑ Location and dimension of all loading and service areas
❑ Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan
❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e.
visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HVAC
equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators, etc.
/�
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Page 1 of 2
Foland, Deborah F.
From: Rabe, James E.
Sent: Tuesday, March 30, 2010 8:52 AM
To: Gohde, Steven M.; Patek, David
Cc: Foland, Deborah F.; Brandt, Darlene P.
Subject: RE: Plan Commission items
Steve,
The Oshkosh North Wet Detention Basin will remove approximately 8.1 tons of TSS per year.
James
From: Gohde, Steven M.
Sent: Monday, March 29, 2010 9:00 PM
To: Patek, David; Rabe, James E.
Cc: Foland, Deborah F.; Brandt, Darlene P.
Subject: RE: Plan Commission items
Dave/ James any comments?
North High School CUP, CSM and easement
The City of Oshkosh Department of Public Works hired AECOM to perform a study on the Libbey Avenue
Stormwater Drainage Basin. The drainage basin is roughly bound by W. Packer Ave on the North, Crane St. and
Kaitlynn Dr on the West, Stillwell Ave. and Gruenwald Ave on the South and the Canadian National Railroad on
the East. The outfall for the basin is through the ditch off Libbey Ave to Lake Winnebago. The basin
has frequently flooded during even moderate rainfall events. A combination of detention basins and pipe
improvements will be required to reduce the occurrence and severity of flooding in the drainage basin, this is the
first of the improvements to be implemented. A neighborhood meeting was held on March 31 at North High
School for any interested residents.
The proposed wet detention basin is located on land to be acquired from the Oshkosh Area School District and
the existing City owned land to the north. The Common Council approved acquisition of the land in September of
2009. The basin was situated to minimize the impact to the existing City owned wooded lot adjacent to the
school. The City had hired an arborist to determine what type and quality of trees would be impacted by the
proposed detention basin. There are no high quality trees located within the proposed detention basin area.
Most of the trees are Cottonwood and Boxelder with heavy Buckthorn undergrowth. There are a few Elm and Ash
trees located within the area, these trees are expected to have a limited life span. The majority of the Apple
Trees located near the school driveway will remain. The restoration around the detention basin will consist of
native prairie plantings on the slopes and higher ground with a grass buffer adjacent to the High School Property.
Several high quality trees will be planted at the outer limits of the disturbed area. The safety shelf will be planted
with emergent plant species to discourage geese from using the basin and deter people from entering the water.
The detention basin will be constructed in conformance with technical standards. These standards include a
safety shelf, side slopes where a person can walk out, a forebay to collect suspended solids and an emergency
overflow route. The wet detention basin will remove approximately X (James do you have this amount ?) tons of
sediment per year from the runoff.
The related CSM and easement create a 1.37 acre parcel of land for the City to acquire and an access easement
to public right -of -way to allow access to the parcel. The School District has reviewed the CSM and easement
and has approved both.
3/30/2010
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CERTIFIED SURVEY MAP N0.
PART OF PARCELS 'B' AND 'E" OF CERTIFIED SURVEY MAP NO.45 LOCATED IN PART OF THE N.E. 1/4 OF
THE S.E. 1/4, PART OF THE N.W. 1/4 OF THE S.E. 1/4, AND PART OF THE S.W. 1/4 OF THE N.E. 1/4 OF
SECTION 11, T18N, R16E, IN THE 12TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN.
CENTER of s m o N n naN.
OVIN VUiLAND STREET R16E, (B ERNTSEN MONUMENT)
OSHKOSH AREA SCHOOL DISTRICT fi�'
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FINN
DISCLAIMER DETENTION BASIN
This map Is neither a legally recorded map nor 1100 W SMITH AV & N a survey and it not Intended to be used as one. OYHK 1H
This drawing Is s a compilation of records, data
and Information located in various city county NORTH HIGH CONSERVANCY A ON TMF "
and state offices and other sources affecting
the area shown and It Is to be used for reference City of Oshkosh
purposes only. The City of Oshkosh is not re- Department of
sponsible for any Inaccuracies herein contained.
If discrepencies are found, please contact the Community Development
City of Oshkosh. Scale. 1 tI — 300
04/14/10
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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
DETENTION BASIN
1100 W SMITH AV &
NORTH HIGH CONSERVANCY
Scale: 1" = 300'
N OfHKOfH
ON THE WATER
City of Oshkosh
Department of
Community Development
04/14/10
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