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HomeMy WebLinkAbout11-150APRIL 12, 2011 11 -150 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN PURPOSE: APPROVE DETERMINATION OF NECESSITY; ESTABLISH FAIR MARKET VALUE; AUTHORIZE ACQUISITION OF VACANT PROPERTY SOUTH OF 1200 SOUTH OAKWOOD ROAD FOR STORM WATER DETENTION PURPOSES INITIATED BY: DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Common Council previously approved the Sawyer Creek watershed study performed by Strand Associates which recommended the creation of storm water detention in the Westhaven Golf Course area; and WHEREAS, the Department of Public Works has completed further study of the area and is recommending acquisition of the vacant property south of 1200 South Oakwood Road for said purpose; and WHEREAS, the owner of the vacant lot south of 1200 South Oakwood Road, described below, has offered to sell said property to the City Vacant Lot South of 1200 South Oakwood Road: Robert Stauffer. etal. owner A parcel of land located 100 ft. south of the north line of the SW Y4 of the NW Y4, Section 28- 18 -16, bounded by the easterly right -of -way line of S. Oakwood Road on the west, Outlot 14 in the 7th Addition to Westhaven on the south and an inter of extended lines of said Outlot 14, and a line 200 ft. east of the west line of the SW Y4 of the NW Y4, Section 28, 13th Ward, City of Oshkosh, Winnebago County, Wisconsin. (tax #913- 1197 -0200) 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 determines that it is necessary and for a public purpose for the City to acquire the property described above for said purpose of construction of storm water detention. APRIL 12, 2011 11 -150 ORDINANCE CONTD BE IT FURTHER RESOLVED 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 THIRTY THOUSAND AND NO /100 DOLLARS ($30,000.00). 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. 561 - 2010- 1799 -00000 Storm Water Utility — Construction Work in Progress. Lr) V 1 T T 355.00' i F i i i i i 0) �' • i T i 120.W 167.00' 354.99' 60' 136.97' j I _ I 8 0 N $ W Q ! T 1 r� 4 i 167.00' 34 .61' 0 WESTHAVEN '`\ ----- - - - -�- --- - - - - -- --- - - ! � DR - �. .< n GOLF COURSE I 14.83' 117.73' � x I ` I � �.... 119.70' <" ! i I 1 X= I I N i I 1 I I i I 1 ! i V wy . $ 2750 2.: 2790 10. 7g61, u' i 100.W CO� i v� i i ' RN-EY- - -T -� ----- - -. - -- 5.70' ILL G 2761 10.00 7a.5,r DISCLAIMER O This map Is neither a legally recorded map nor LAND AC QUISITION a survey and It Is not Intended to be used as one. N This drawing Is a compilation of records, data HK Of H S OAKW OO D R D .f and Information located In various city, county ON THE WATER 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 sponsibls for any Inaccuracies herein contained. If discrepencles are found, please contact the Community Development City of Oshkosh. Created b - dff Scale: 1 " = 100' 03/24/11 �i - (�IilHl 0 7HKOfH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Buric Director of Planning Services DATE: April 7, 2011 RE: Determination of Necessity; Establish Fair Market Value; Authorize Acquisition of Vacant Property South of 1200 South Oakwood Road for Storm Water Detention Purposes BACKGROUND The subject property is 1.26 acres, located on the east side of S. Oakwood Road, approximately' /4 mile south of W. 9` Avenue. The parcel is adjacent to Westhaven Golf Course to the east and north of Sawyer Creek, which flows directly to the south and east of the property. To the west, the land use is primarily single - family residential development. The subject property is completely located within the mapped floodway of Sawyer Creek, making the parcel undevelopable. ANALYSIS The Department of Public Works hired Strand Associates to complete a storm water management study of the Sawyer Creek Watershed which resulted in findings that called for the creation of storm water detention within the Westhaven Golf Course. The Common Council directed the Department of Public Works not to pursue construction of storm water detention that involved the golf course and they have since been continuing to seek other options to mitigate the impact of flooding within this watershed. The city is seeking to acquire this property due to its close proximity to Sawyer Creek in addition to the fact that the city purchased the land immediately to the north of this parcel which would enable Public Works to construct a wet detention basin on the combined lots that will serve 13 acres of residential development to the west. FISCAL IMPACT Funds are available for this purpose in the Capital Improvement Program in Acct. 561- 2010 -1799- 00000 Storm Water Utility Work in Progress. RECOMMENDATION The Plan Commission approved of this request at its April 5, 2011 meeting. Approved, "AIK" City Manager ITEM: LAND ACQUISITION OF PROPERTY LOCATED AT 1250 S. OAKWOOD ROAD Plan Commission meeting of April 5, 2011 GENERAL INFORMATION Applicant: City of Oshkosh Department of Public Works Property Owner: Robert E. Stauffer et al. Action(s) Requested: The City of Oshkosh Department of Public Works is requesting approval to acquire approximately 1.26 acres of land from Robert E. Stauffer et al. for the construction of a wet detention basin to service the Sawyer Creek Watershed. Applicable Ordinance Provisions: M#01 Property Location and Background Information: The subject property is 1.26 acres, located on the east side of S. Oakwood Road, approximately '/4 mile south of W. 9 Avenue. The parcel is adjacent to Westhaven Golf Course to the east and north of Sawyer Creek, which flows directly to the south and east of the property. To the west, the land use is primarily single - family residential development. The subject property is completely located within the mapped floodway of Sawyer Creek, making the parcel undevelopable. C11hipe* g1tP Existing Land Use Zonin Vacant Land R -3 Adiacent Land Use and Zonin Existing Uses 10 Year Land Use Recommendation Zonin North Vacant Space, Residential ......................._ .............................. ............... .......... _ ........................... _._ ........ _ ...... .............. _ .... _.............................. South ................. . _.........................................._ ........_..........................._............................................................................._ Single 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 Recreation/Open Space, Residential 20 Year Land Use Recommendation Recreation/Open Space, Residential ANALYSIS The Department of Public Works hired Strand Associates of Madison to complete a storm water management study of the Sawyer Creek Watershed. Strand's findings called for the creation of storm water detention within Westhaven Golf Course. However, the Common Council directed the Department of Public Works not to pursue construction of storm water detention that involved the acquisition of the golf course. Since then, Public Works has continued to seek other options and strategies to mitigate the impact of flooding within this watershed. The city is seeking to acquire this property because of its proximity to Sawyer Creek. In addition, the city purchased the 0.38 vacant parcel immediately north of the subject site in 2006. These two lots together will enable the Department of Public Works to construct a wet detention basin that will serve 13 acres of residential development to the west. At the time of the platting of the development to the west, storm water facilities were not created because different regulations were in place which did not require detention. Staff feels this is a good opportunity to address flooding in the area. The Department of Public Works is limited as to where storm water facilities can be located due to the lack of available land in the area for these facilities. RECOMMENDATION /CONDITIONS Planning 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 and surrounding area as well as the zoning classifications in said area. He explained that the property is entirely located within the floodway, which is basically undevelopable by Wisconsin Department of Natural Resources (WDNR) standards and that the home on the lot to the north of the site has been removed and the property acquired by the City in 2006. The City was approached by the land owner to acquire the site and is intending to use the area for stormwater detention purposes. The detention pond would service 13 acres to the west of the site and would help to address flooding issues. Mr. Fojtik commented that the property to the north of this area at 1150 S. Oakwood Road is not a residential property but a storage facility for the golf course. Mr. Thoms questioned why the lot was determined to be unbuildable. Mr. Buck responded that the property was located in the floodway and the WDNR does not allow construction in areas determined to be in floodways. Sawyer Creek runs through the south end of this property. Mr. Thoms also questioned if constructing a detention pond in this area would add to flooding issues. Item - Land Acquisition -1250 S. Oakwood Road Steve Gohde, Assistant Director of Public Works, responded that the construction of the detention basin would not be adding any water to the area and the intent is to direct the water into the basin rather than into Sawyer Creek. This would create a larger area for water to pool alleviating some of the flooding issues in this neighborhood and improving quality of water discharged. Gerald Jagodinski, 5590 County Road R, inquired if there is heavy rainfall, how the drainage for this area would be handled as too much standing water could create problems with mosquitoes and odors. Mr. Gohde responded that the basin would be designed with certain features that would mitigate these issues. The depth of the basin's safety shelf would be only one foot deep with emergent plants on the shelf which would alleviate algae growth whereas the remaining portion of the pond is deeper to deter mosquitoes and other vegetative and insect growths. It will be designed as a wet basin and will have turnover in the water as well which also assists with these issues. Motion by Nollenberger to approve the land acquisition of property located at 1250 S. Oakwood Road. Seconded by Propp. Motion carried 5 -0. Item — Land Acquisition —1250 S. Oakwood Road Acquisition of 1250 South Oakwood Road Narrative The Department of Public Works hired Strand Associates of Madison to complete a Storm Water Management Study for the Sawyer Creek Watershed. One of the. recommendations of the study was to create storm water detention within the Westhaven Golf Course adjacent to Sawyer Creek. The findings of the study were presented to the Common Council. The Common Council has directed the Department of Public Works to not pursue the construction of detention that involves the acquisition of the Golf Course. Based upon this direction, the Department of Public Works continues to work on strategies to minimize the impacts of flooding within the Sawyer Creek Watershed. The City is seeking to acquire the property at 1250 South Oakwood Road because it is located adjacent to the north side of Sawyer Creek and on the east side of South Oakwood Road. This property is located immediately south of a vacant lot at 1200 South Oakwood Road, which the City purchased in 2006. The property is completely within the mapped floodway of Sawyer Creek. The value of maintaining flood storage within the flood way is critical to the management of storm water within the Sawyer Creek Watershed. The Department of Public Works intends to create a wet detention basin at this location. This detention basin will handle storm water that originates from the residential subdivision that is located to the west of Oakwood Road along Ruschfield Drive. The detention basin will provide stormwater management for approximately 13 acres that did not have any storm water management facilities created at the time the subdivision was platted. 9 7- AM LI 0 Ar F IM , 4" mp ,ric ii 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 0 LAND ACQUISITION 1250 S OAKWOOD RD N OIHK ' ON THE WATER City of Oshkosh Department of Community Development Scale: 1" = 100' 03124/11 E