HomeMy WebLinkAbout10-134APRIL 27, 2010 10 -134 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER
PURPOSE: DETERMINATION OF NECESSITY TO
PROPERTY AT SOUTHEAST CORNE R
AND WESTHAVEN CIRCLE FOR
DETENTION
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
WITHDRAWN )
ACQUIRE PORTION OF
OF MARICOPA DRIVE
STORM DRAINAGE
WHEREAS, the City Administration has determined it is in the best interests of
the City of Oshkosh to acquire certain land for storm drainage detention in the Campbell
Creek Drainage Basin to provide flooding relief to Oshkosh residents; and
WHEREAS, completion of said project requires the acquisition of a portion of the
property at the southeast corner of Maricopa Drive and Westhaven Circle, as described
in the attached "Exhibit A ".
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the Common Council certifies it is necessary for the City to acquire a
portion of the property as described in the attached "Exhibit A" in order for said purpose
to be accomplished. It is further determined by the Common Council that acquisition of
the above described property and shown in the attached exhibit is hereby determined
necessary pursuant to the provisions of Sections 32.05 and 32.07 of the Wisconsin
Statutes.
"Exhibit A"
Acquisition of a Portion of the property at the Southeast corner of Maricopa Drive and
Westhaven Circle (Portion of Tax ID #913 - 1513 -0000)
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.
(legal description from official mapping of detention basin on Westhaven Circle)
0
,IHK 1H
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: April 22, 2010
RE: Determination to Necessity to Acquire a Portion of the Property at the Southeast Corner
of Westhaven Circle and Maricopa Drive (Plan Commission Recommends Approval)
BACKGROUND
The subject property is a 5.0 acre section of an 8.3 acre parcel currently used as a clubhouse and off -
street parking for the Westhaven Golf Club. The clubhouse and parking area occupy the northern
third of the property while the southern two- thirds (the area targeted for acquisition) is currently
vacant/green area. With exception of the golf course, the area is predominately a mix of low and
medium density residential uses.
ANALYSIS
In January of 2010, the Oshkosh Common Council approved the official mapping of the subject site
for future use as a storm water detention basin. The final acreage and parcel configuration will be
determined during negotiations with the owner. The purpose of the land acquisition is to enable the
city to construct a detention basin on the subject site. The basin will service properties in the Campbell
Creek Drainage Basin and provide flooding relief to the immediate upstream area (including the
Newport Court and Westhaven Circle area) and downstream areas. The detention basin is included in
the Preliminary 2012 Capital Improvements Program for construction.
FISCAL IMPACT
Five acres of what is currently taxable property ($58,200 assessed for the 8.3 acres) will become tax
exempt municipal facilities due to the acquisition.
RECOMMENDATION
The Plan Commission approved of this request at its April 20, 2010 meeting.
Approved,
City Manager
ITEM: AUTHORIZATION TO ACQUIRE PROPERTY LOCATED EAST OF
WESTHAVEN CIRCLE (SOUTH OF WESTHAVEN GOLF COURSE
CLUBHOUSE)
Plan Commission meeting of April 20, 2010
GENERAL INFORMATION
Applicant: City of Oshkosh - Department of Public Works
Property Owner: Westhaven Golf Club
Action(s) Requested:
The City of Oshkosh Department of Public Works is requesting approval to acquire approximately
five acres of land from Westhaven Golf Club for construction of a storm drainage detention area.
Applicable Ordinance Provisions:
N/A
Property Location and Background Information:
The subject property is a 5.0 acre part of an 8.3 acre parcel currently used as a clubhouse and off -
street parking for the Westhaven Golf Club. The clubhouse and parking area occupy the northern
third of the property while the southern two - thirds (the area targeted for acquisition) is currently
vacant /green area. With exception of the golf course, the area is predominately a mix of low and
medium density residential uses.
In January of 2010, the Oshkosh Common Council approved the official mapping of the subject
site for future use as a storm water detention basin. The official mapping action protected this area
from private development.
Cnhiect Cite
L kxqsting Land Use
Zonin
Vacant Land
C -2
Achacent Lana Use ana /.onm
Existing
Uses
10 Year Land Use Recommendation
Zonin
North
We sthave n Golf Course Clubhouse /Parking Lot
.. . . .
...
C -2 .. .
uth
South
............... ......... ............ .......... .
Multiple Family Residential ..... ... . .. . .. .. . . ....
. .. . .
R 3 _..._....... ......................
.. . .....
East
... .................................. .. ...
.................. _ ................ . . .
Golf Course
R -1 .................
........................... ..... ...........................
West
................... . ...... ..... ........ ...................... ...................... ...................... .. .....................................................................................................................................................................................................
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 land acquisition involves approximately 5.0 acres, or the vacant southern two - thirds of the
subject property. The final acreage and parcel configuration will be determined during
negotiations with the owner. Afterwards, the City will present a Certified Survey Map with the
final lot configuration to the Plan Commission for review and approval.
The purpose of the land acquisition is to enable the city to construct a detention basin on the
subject site. The basin will service properties in the Campbell Creek Drainage Basin and provide
flooding relief to the immediate upstream area (including the Newport Court and Westhaven
Circle area) and downstream areas.
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 proposed land
acquisition as requested.
The Plan Commission approved of the proposed land acquisition 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 stated that the
Common Council approved the official mapping of this area for future use as a stormwater
detention basin which is the reason for the authorization to acquire the property. The basin will
provide flooding relief to this area and construction costs are included in the 2012 Capital
Improvements Program.
Mr. Hinz questioned if there were any covenants for the neighborhood that would conflict with this
proposal.
Mr. Nau responded that this area was platted in the 60's or 70's and any existing covenants from
that time period had most likely expired by now.
Mr. Gohde added that the covenants existing were for the golf course property only and if there
were any issues with the area to be acquired, it would have to be determined by an attorney.
Mr. Fojtik commented that the subject site was already somewhat of a natural detention area.
Mr. Gohde stated that he did not anticipate any major issues with the request.
Mr. Nau inquired if the north line of the parcel was to be modified.
Mr. Gohde replied that the necessary setbacks on the property needed to be maintained and the
north line of the parcel will be modified somewhat but it will be worked out in negotiations with
the owner.
Item — Land Acquisition — Westhaven Circle 2
Mr. Nau commented that the certified survey map and conditional use permit for the land division
and construction of the proposed detention basin would be brought back to the Plan Commission
and Common Council for review after the land is acquired.
Mr. Thorns questioned if the proposed detention basin would be a wet or dry basin.
Mr. Gohde responded that he anticipated a wet detention basin would be constructed.
Motion by Thoms to approve the authorization to acquire property located east of
Westhaven Circle as requested.
Seconded by Monte. Motion carried 7 -0.
Item —Land Acquisition — Westhaven Circle
Authorize Acquisition of Property at Westhaven Circle. (Do we need to Determine Fair Market Value or include
other items now? We want to follow the eminent domain procedure to ensure we do not have a setback later.)
The area of Westhaven Circle has experienced significant flooding in the resent past. This area is located with
the Campbell Creek Drainage Basin. In an effort to provide flooding relief to the residents in this area a detention
basin is proposed in the vacant land southeast of the Westhaven Golf Course Club House located at 1400 S.
Westhaven Dr. The proposed acquisition is of approximately 5 acres of land, the final shape and acres will be
determined during negotiations with the owner. The current parcel is approximately 8.28 acres. The land is
currently for sale and the area is Officially Mapped for a stormwater detention basin.
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LAND ACQUISITION WESTHAVEN GOLF CLUB BECK REV TRUST LYLE /ELLA M
WESTHAVEN CIRCLE -EAST SIDE 1641 S MAIN ST 1501 WESTHAVEN CIR
PC: 04 -20 -10 OSHKOSH WI 54902 6913 OSHKOSH WI 54904 8321
RE 1400 S WESTHAVEN 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
SCHREIBER BRIDGET
1797 MARICOPA DR A
OSHKOSH WI 54904
PERZENTKA JR JOSEPH ETAL
1500 WESTERN ST
OSHKOSH WI 54901
RE 1797D MARICOPA DR
KIES JEROME /ANN
12510 W FLAGSTONE DR
SUN CITY WEST AZ 85375
RICHARDS HELEN
1793 MARICOPA DR B
OSHKOSH WI 54904
LEINWEBER BRYAN
1795 MARICOPA DR C
OSHKOSH WI 54904
RE 1785A MARICOPA DR
KAISER JAIME
1795 MARICOPA DR A
OSHKOSH WI 54904
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DISCLAIMER LAND ACQUISITION
This map Is neither a legally recorded map nor STORM SEWER TT
a survey and It Is not intended to be used as one. 1V
This drawing Is a compilation of records, data p ETE NTI O N AREA
and Information located In various city, county
and state o and other sources affecting EAST O F W ESTHAVE N CIRCLE
the area shown and ft 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.
Scale: 1" = 200'
Created by - dff
SUBJECT
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ON THE WATER
City of Oshkosh
Department of
Community Development
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