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Home My WebLink About10-238AUGUST 10, 2010 10 -238 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN PURPOSE: DETERMINATION OF NECESSITY TO ACQUIRE PROPERTY; ESTABLISH FAIR MARKET VALUE; AUTHORIZE PURCHASE / VACANT PROPERTY WEST OF & ADJACENT TO 225 IDAHO STREET INITIATED BY: CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, it is in the best interests of the citizens of the City of Oshkosh to acquire undevelopable, underutilized land as it becomes available; and WHEREAS, the property to be acquired is described as: Vacant Lot, Idaho Street; Lenora Pekot, owner The south 72 ft of the westerly 198 ft of Lot 16; Also the south 72 ft of the easterly 250 ft of Lot 14, Map of the SW Y4, Section 23, 6th Ward, City of Oshkosh, Winnebago County, Wisconsin (tax ID 906 - 0315 -0100) and WHEREAS, the property and interest to be acquired includes land and buildings, if any, exclusive of equipment and fixtures both movable and immovable. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Common Council certifies the review appraisal has been performed in a competent manner according to applicable State and Federal laws, policies and requirements. BE IT FURTHER RESOLVED that the fair market value for said property is hereby established at TWO THOUSAND EIGHT HUNDRED AND NO /100 DOLLARS ($2,800.00). BE IT FURTHER RESOLVED that the proper City officials are authorized and directed to purchase said property and execute all documents necessary to consummate this transaction. Money for this purpose is hereby appropriated from Account No. 327 - 0610 - 7208 -00000 Park Subdivision Improvement Fund. A 0 -f HK O H ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning S DATE: August 5, 2010 RE: Determination to Necessity to Acquire Property; Establish Fair Market Value; Authorize Purchase / West of and Adjacent to 225 Idaho Street (Plan Commission Recommends Approval) BACKGROUND The subject property is a 72 foot wide by 448 foot deep (0.75 acre) parcel currently unimproved and unused other than for open- space. It is located within the 200 block of Idaho Street adjacent to and south of the City Forestry and Parks facility as well as a large piece of property used as a plant nursery and cold storage area for which a conditional use permit will be required. The property is "landlocked" without access to the roadway as it does not have frontage along the street right -of -way. Without combination with an adjacent piece of land, it is undevelopable. The area is predominately a low density residential area with the exception of a manufacturing use on Idaho Street and the commercial and institutional uses located along Witzel Avenue to the north. ANALYSIS The City has been contacted by the subject property owner with an offer to sell the property to the City at Fair Market Value as it is inaccessible and undevelopable and she has had to have the City Street Division maintain the land in relation to lawn care as she does not have access. The Parks Department had previously discussed the purchase with her and believes the purchase would be advantageous as it has potential as a nursery stock location and would act as a good buffer for the Forestry and Parks facility from the residential neighbors. The use of the property as a plant nursery will require a Conditional Use Permit approval as it is located within an R -2 Zoning District. If the acquisition is approved, the City Parks Department has indicated that they will clean up the site and improve the aesthetics prior to requesting the Conditional Use Permit or placing any nursery stock there. FISCAL IMPACT No impact. RECOMMENDATION The Plan Commission approved of this request at its August 3, 2010 meeting. Approved, City Manager ITEM: LAND ACQUISITION OF PROPERTY LOCATED AT THE 200 BLOCK OF IDAHO STREET Plan Commission meeting of August 3, 2010 GENERAL INFORMATION Applicant: City of Oshkosh -Parks Department Property Owner: Lenora Pekot Action(s) Requested: The City of Oshkosh Parks Department is requesting approval to acquire approximately 0.75 acres of land contained within a single parcel located on the 200 block of Idaho Street for the purpose of utilizing it for a plant nursery and storage of nursery stock/material. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject property is a 72 foot wide by 448 foot deep (0.75 acre) parcel currently unimproved and unused other than for open- space. It is located within the 200 block of Idaho Street adjacent to and south of the City Forestry and Parks facility as well as a large piece of property used as a plant nursery. The property is "landlocked" without access to the roadway as it does not have frontage along the street right -of -way. Without combination with an adjacent piece of land, it is undevelopable. The area is predominately a low density residential area with the exception of a manufacturing use on Idaho Street and the commercial and institutional uses located along Witzel Avenue to the north. C»hinnt Ci +n Existing Land Use Zonin Unimproved Open Space R -2 & C -2 Adiacent Land Use and Lonin Existin " Uses 10 Year Land Use Recommendation Zonin North Forestry /Maintena ....... .........._.............. ........._......... _............................ . ..................__ ................. ................. South ............................ Single - Family Residential ................. ............... ............. ............ ............................... R -2 ............. ....... East 11 ............ Single - Family Residential & Industrial ......................................._...................................._.................................................................._._................... C -2 ............................... _, ... ............................... ............................. ............................... West Single- Family Residential I R -2 Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The City has been contacted by the subject property owner with an offer to sell the property to the City as it is inaccessible and undevelopable. She stated that she has had to have the City Street Division maintain the land in relation to lawn care as she does not have access. The Parks Department had previously discussed the purchase with her and believes the purchase would be advantageous as it has potential as a terrace tree nursery location and would act as a good buffer for the Forestry and Parks facility from the residential neighbors. The use of the property as a plant nursery will require a Conditional Use Permit approval as it is located within an R -2 Zoning District. If the acquisition is approved, the City Parks Department has indicated that they will clean up the site and improve the aesthetics prior to requesting the Conditional Use Permit or placing any nursery stock there. RECOMMENDATION /CONDITIONS Staff recommends approval of the proposed land acquisition as requested. The Plan Commission approved of the land acquisition as requested. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site, surrounding area, and current land uses in said area. He commented that the parcel is land locked as well as the parcel to the north of the subject site which is currently owned by the City. He further commented that the parcel is essentially undevelopable due to the lack of access to the property and the City and property owner had been negotiating the purchase of the parcel which would provide a good buffer for the Forestry and Parks facility from the residential neighbors to the south. He stated that the use of the property as a plant nursery would require conditional use permit approval as it is located within an R -2 Zoning District. Ms. Propp inquired if access to the site would be obtained from the City property to the north. Mr. Buck responded affirmatively. Ms. Lohry questioned if the adjacent property owners to the south were notified of this action. Mr. Buck replied that all adjacent property owners surrounding this site were notified of the proposed land acquisition. Norm Elsinger, representing his brother, Robert Elsinger who owns the property located at 208 Knapp Street, stated that the area experiences flooding issues and questioned if the proposed use of the site would cause further flooding problems. He further stated that he believed that proper measures should be taken to prevent any increase in flooding in this neighborhood. Tom Phillips, 225 Idaho Street, stated that his property is directly adjacent to the subject site on the east side and he voiced his concerns with the storage of materials on said site. He stated that he was concerned with wood chips, compost or other related materials that would attract vermin to the neighborhood. He also had concerns regarding noise or offensive odors related to the proposed use as well as if the City had any intentions of creating any impervious surface on the site that Item —Land Acquisition —Idaho St could increase flooding issues. He also questioned the meaning of the 10 and 20 year land use recommendation included in the staff report. Mr. Buck stated that the concerns with flooding and storage of materials would be addressed by staff from the Departments of Parks and Public Works. The 10 and 20 year land use recommendations are taken from the City's Comprehensive Plan which encompasses all the properties in the City and the recommended land use for every area. He reiterated that any proposed use of this site would be required to obtain conditional use permit approval prior to its commencement. Mr. Palmeri commented that he had concerns that the proposed use of the site may change after the land is acquired. Raymond Maurer, Director of the Parks Department, stated that the intention was to use the site to store plant materials such as flowers and nursery stock. He further stated that they currently utilize an area at Riverside Cemetery for this purpose however water has to be brought to the site as there is no source of water in this location and that the proposed site on Idaho Street would have access to water for the plant materials. They have no intention to install any pavement on the site and the staff would begin clean up efforts on both this parcel and the adjacent City property this winter providing the land acquisition was approved. Ms. Propp inquired about the storage of compost materials on the site. Mr. Maurer responded that there would be no compost materials stored at this location. Mr. Palmeri asked about the concerns related to attracting rodents due to storage of planting materials on the site. Mr. Maurer replied that they have piles of wood chips and mulch on the existing City -owned parcel and he is not aware of any issues with rodents due to this storage. Mr. Hinz questioned if the nursery stock would be arranged neatly in rows so it had an organized look to the site. Mr. Maurer responded affirmatively and stated that stock would be stored on the site in an organized fashion and transferred to areas of the city as it matures. Steve Gohde, Assistant Director of Public Works, stated that this area has flooding concerns as it is significantly lower than the surrounding areas. He further commented that Knapp Street is scheduled for reconstruction next year which will hopefully address some of the issues and providing that no additional impervious surface was being installed on the site, the proposed use would have no negative impact on the surrounding area. Ms. Propp inquired if there was something the City could do on the site to accumulate water such as create a small detention pond. Mr. Gohde replied that the depth of the sanitary sewer in the area is the main issue and getting the water out of these sites was difficult. Item —Land Acquisition —Idaho St 3 Ms. Lohry questioned if the use of tiling would resolve the flooding issues. Mr. Gohde responded that the use of tiling to resolve the issue would have to be directed through the established Parks facility site. Ms. Lohry asked if this concept could be considered to alleviate flooding concerns. Mr. Maurer replied that he would have to take a look at the potential costs of such an installation and commented that the proposed land acquisition was not changing the current land use and the addition of more nursery stock on the site may help to absorb water. Mr. Burich added that the flooding issues already existed in this area and the proposed use of the site would not exacerbate the problem and may help in the future with the City controlling additional lands with the ability to implement drainage facilities if needed. Motion by Nollenberger to approve the proposed land acquisition of property located at the 200 block of Idaho Street as requested. Seconded by Vajgrt. Motion carried 8 -0. Item — Land Acquisition — Idaho St l E1� f u eE. 1 e Y A� _m x ~ , ¢ x a r 4ta F ➢ L U � t � .� �r�M RP " " �Q� � A i f I NM �If+` r. v . a �. � 9 . .. � • s�+a 8 �.. � -fit ,. � � a,^ — .j e J`� b C F �4F � � 5 1,' _ .., .. 4 z s B 1 9 aR7; t k Fr om ¢ ,a F 31, r» 4 r Ag —7 piY R SA� l 1 4 AM I NM �If+` r. v . a �. � 9 . .. � • s�+a 8 �.. � -fit ,. � � a,^ — .j e J`� 4 z s B 1 9 aR7; t k Fr om ¢ ,a F 31, r» 4 r Ag —7 piY R SA� l 1 4 AM �If+` r. v . a �. � 9 . .. � • s�+a 8 �.. � -fit ,. � � a,^ — .j e J`� LAND ACQUISITION CITY OF OSHKOSH RENDERMAN DALE E /DEBRA 200 BLOCK IDAHO ST PO BOX 1130 143 IDAHO ST PC: 08 -03 -10 OSHKOSH WI 54903 1130 OSHKOSH WI 54902 5818 RE 805 WITZEL /VAC LOT IDAHO ST ELSINGER ROBERT /FRANCIS WARNER JANET 326 BREISTER AVE FOND DU LAC WI 54935 2804 RE 208 KNAPP ST PHILLIPS THOMAS J /ELAINE 225 IDAHO ST OSHKOSH WI 54902 5819 RE 225 & 229 IDAHO ST HAIDLINGER DONALD J 848 W 4TH AVE OSHKOSH WI 54902 5806 EWING JAMES H 822 W 4TH AVE OSHKOSH WI 54902 5806 JET STREAM CAR WASH INC PO BOX 1315 FOND DU LAC WI 54936 1315 RE 911 WITZEL AV SALMI DOUGLAS A /KATHER 918 W 4TH AVE OSHKOSH WI 54902 5808 HOUSEHOLD FINANCE CORP III 961 WEIGEL DR ELMHURST IL 60126 RE 842 W 4' AV WOLF DANIEL P /KATHERINE 818 W 4TH AVE OSHKOSH WI 54902 5806 PEKOT LENORA E 259 RIVER STREET REAR NANTICOKE PA 18634 1522 RE VACANT LOT IDAHO ST BRISKI JEFFREY A /REBECC 908 W 4TH AVE OSHKOSH WI 54902 5808 ALLMERS GARY L 836 W 4TH AVE OSHKOSH WI 54902 5806 POLACHEK DIANNE Y 8345 W EDGERTON AVE GREENDALE WI 53129 1025 RE 830 W 4 AV STEINER BRENDA J 914 W 4TH AVE OSHKOSH WI 54902 5808 BEZIO ETAL ROBERT S 6774 HOWLETT RD OSHKOSH WI 54902 9136 RE 902 W 4 AV 4 . ........ - .- .- . -.1-_. 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Created by - dff 07/22110 =9 = Nil W as IIC�I Ni WT .� 11,11no � i T :a -- � e A NJ w., IF p , IL It i�w-a- �� ::� 1111111111111111! �! !t N i 1111��1111111111 'D l !>tl wa i jp. NI -11 num 111 pe "lo.d■n n1100 \ Ir' Noun m p1`o! JII'% I iiininMii'MINIM MP I �I IIIII \! ,I� � ►, :ll I 111 Ji —L� J l l,:1 llld'.111 :111 IC: ■�IIIIII�,.''t = tilt 1111111 - �� I Rill 11 11u111 n !' 1 .Intn 1 nlnl■ gall cyu�Lltta� U10 01 �,1 r rl•� , T M-0i 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 At LAND ACQUISITION 200 BLOCK IDAHO STREET N O.fHK�iH ox nee w�rr+ City of Oshkosh Department of Scale: 1" = 150' Community Development 07/22/10