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Home My WebLink About10-133APRIL 27, 2010 10 -133 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ACCEPTING EASEMENT AT 1100 WEST SMITH AVENUE TO PROVIDE ACCESS TO NORTH HIGH CONSERVANCY AND PROPOSED WET DETENTION BASIN INITIATED BY: DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby accepts an easement from Oshkosh Area School District to provide legal vehicular and pedestrian access to the proposed wet detention basin and North High Conservancy, per the attached, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. O.IHK .f H ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich 09 Director of Planning Services DATE: April 22, 2010 RE: Approve Conditional Use Permit to Develop a Wet Stormwater Management Basin at North High Conservancy / Portion of 1100 West Smith Avenue, North High School (Plan Commission Recommends Approval) BACKGROUND 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. ANALYSIS The City of Oshkosh Department of Public Works hired AECOM to perform a study on the Libbey Avenue Stormwater Drainage Basin which has frequently flooded during even moderate rainfall events. A combination of detention basins and pipe improvements will be required to reduce the flooding issues. 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 2009 with the basin situated to minimize the impact on the existing City owned wooded lot adjacent to the school. The subject area contains no high quality trees within the detention basin area with several high quality trees to be planted at the outer limits of the disturbed area. The detention basin will be constructed including a safety shelf, side slopes where a person can walk out, a forebay to collect suspended solids and an emergency overflow route. 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. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its April 20, 2010 meeting. Approved, '-'* eW-J<-ef- City Manager ITEM: ACCEPT ACCESS EASEMENT FOR PROPERTY LOCATED NORTH OF 1100 W. SMITH AVENUE (OSHKOSH NORTH HIGH SCHOOL) Plan Commission meeting of April 20, 2010 GENERAL INFORMATION Petitioner City of Oshkosh Department of Public Works Owner: Oshkosh Area School District Action Requested: 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. Applicable Ordinance Provisions: N/A Property Location and Type /Analysis: 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. 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 extends 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. Staff does not have any issues or concerns with this request. The Department of Public Works will work with the Oshkosh Area School District to have appropriate easement documents signed. After review by the Plan Commission and approval by the Common Council, the easement will be recorded at the Winnebago County Register of Deeds. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of the acceptance of the proposed access easement as requested. The Plan Commission approved of the acceptance of the proposed access easement 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 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- Accept Easement 1100 W Smith Av 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 I 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: 1. Proposed Lot I 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 - Accept Easement 1100 W Smith Av KI 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. `rrwrr ,�wT7t CENTER OF SECTION 11 Tim Ol OSHKOSH AREA SCHOOL DISTRICT Q S RifiE (BEIMSEN NONLUENT) P.O. BOX 3048 —T-1 3Sp:r-- ", - -�— �T �Ta t Opp ► 3S 9 w�. r + T l r - - - - -7 OSHKOSH, WR 54903 -3048 �� > Q ; a TAX PARCEL. NO. 91219400000 f'I QI I + � .� I.I Rp! I. 3 I V, ! 111 g C) . 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Irmo BEGINNING ATTHE SOUTHEAST CORNER OF LOT 1 OF VINLAND HEIGHTS PLAT; THENCE NORTH 00 °56'26" WEST ALONG - THE EAST LINE OF SAID PLAT 179.31 FEET; THENCE NORTH 88'41'02" EAST 40.00 FEET; THENCE SOUTH 00 °56'26" EAST 239.57 FEETTO T.HE EXTENDED SOUTH RIGHT OF WAY LINE OF MORGAN AVENUE; THENCE SOUTH 89 °03'34" WESTALONG SAID EXTENDED SOUTH LINE 40.00 FEET TO THE NORTHEAST CORNER OF LOT 1 OF BLOCK 1 OF EICHSTADT SUBDIVISION; THENCE NORTH 00°56'26" W EST 60.00. FEET TO THE POINT OF BEGINNING. JANUARY 13, 2010 EXHIBIT FOR THE CITY OF OSHKOSH 4745A -MRR z to - 41 - 02 "E N88 •aaArm I - -- 40.00' I' anon �m+wr � f I vaGaxe a>s,ns I I ' I aooara I I I I 1%Ar MORGAN AVENUE (60') o -------------- me m N ZMEffA0r RUBDrnM GRAPHIC SCALE 20 G 10 20 M a0 (Mrw) I Ineh . 20 n 0 0 Ln rn N 5 � 4 m �8 AREA 9,577 SOFT. N L4 `•° (VACATM) U J s BrACd 1 SfL778lAD7 d09DIrL1/0f( I NOTE: A BOUNDARY SURVEY WAS NOT PERFORMED ON THIS DATE R� R.A. 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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 At ACCEPT EASEMENT N 1100 W SMITH AV O,l T K -- ON THE WATER City of Oshkosh Department of Community Development Scale: 1 " = 300' 04112110