HomeMy WebLinkAbout03. 12-177 APRIL 24, 2012 12-177 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE DELETING OFFICIALLY MAPPED GENEVA
STREET FROM CURRENT TERMINUS NORTHERLY TO
WEST PACKER AVENUE
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-68
OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE OFFICIAL MAP.
WHEREAS, a public hearing, after due and proper notice, was duly held before
the Common Council of the City of Oshkosh concerning the adoption of this amendment
to the Official Map of the City of Oshkosh, and the Plan Commission having duly
recommended the adoption of this Ordinance.
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
SECTION 1. That Section 30-68 of the Oshkosh Municipal Code pertaining to
the Official Map of the City of Oshkosh and its extraterritorial jurisdiction shown, is
hereby amended by deleting therefrom the present map sheet, and the substituting
therefore an amended map sheet, thereby making the following revisions to the official
map:
OFFICIAL MAP DELETION
GENEVA STREET
FROM CURRENT TERMINUS NORTHERLY TO WEST PACKER AVENUE
(as described in the attached Exhibit A)
EXHIBIT A
NOVEMBER 26, 2002 DECEMBER 10, 2002 02-443 02-460 ORDINANCE
FIRST READING SECOND READING
(RD(CARRIED LOST LAID OVER WITHDRAWN )
AS AMENDED
PURPOSE: OFFICIAL MAPPING — GENEVA STREET EXTENDED
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-68
OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE OFFICIAL MAP.
WHEREAS, a public hearing, after due and proper notice, was duly held before
the Common Council of the City of Oshkosh concerning the adoption of this amendment
to the Official Map of the City of Oshkosh, and the Plan Commission having duly
recommended the adoption of this Ordinance;
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
SECTION 1. That Section 30-68 of the Oshkosh Municipal Code pertaining to
the Official Map of the City of Oshkosh and its extraterritorial jurisdiction shown, is
hereby amended by deleting therefrom the present map sheet, and the substituting
therefore an amended map sheet, thereby making the following revisions to the official
map:
Geneva Street from its current terminus north to W. Packer Avenue
A parcel of land being part of the NW 1/4 of Section 12, T18N, R16E, 15th Ward, City-e#
Oshkosh and the Town of Oshkosh, Winnebago County, Wisconsin, containing
corner of said Section 12, T18N, R16E; thence S. 01°'10'11" E. 1,320.19 feet along the
A 1 = - -
1/4 of the NW 1/4 of Section 12, T18N, R16E; thence N. 88°39'23" E. 570.00 feet along
said south line of the NW 1/ of the NW 1/4 of Section 12, T18N, R16E; thence S.
01°10'11" E. 39.98 feet to a point on the south line of West Packer Avenue, the true
along the arc of a curve to the right having a radius of 215.37 feet and the chord of
and the chord of which b ars S. 14°33'09" E. 97.31 feet; thence S. 01°17'18" E. 330.23
EXHIBIT A cont'd
NOVEMBER 26, 2002 DECEMBER 10, 2002 02-443 02-460 ORDINANCE
FIRST READING SECOND READING CONT'D
feet; thence southerly approximatcly 165.00+/ feet to a point on the north line of the
which is assumed to b ar S. 01°'10'11" E.
(note: revised legal for southern portion only)
GENEVA STREET
Official Mapping
A parcel of land being part of the SW % of the NW % of Section 12, T18N, R16E,
15th Ward, City of Oshkosh and the Town of Oshkosh, Winnebago County,
Wisconsin, containing approximately 0.68 acres of land and being described as
follows:
A strip of land 30.00 feet on each side of the following described centerline:
Commencing at the northwest corner of said Section 12, T18N, R16E; thence S.
01°40'11" E. 1,320.49 feet along the west line of the NW 1/ of Section 12, T18N,
R16E to a point on the south line of the NW % of the NW % of Section 12, T18N,
R16E; thence N. 88°39'23"E. 628.41 feet along said south line of the NW XI of the
NW % of Section 12, T18N, R16E; thence S. 01°17'48" E. 825.68 feet to the true
point of beginning; thence S. 01°17'48" E. 330.23 feet; thence southerly
approximately 165.00+/- feet to a point on the north line of the Third Addition to
the Interurban Land Co.'s Plat, also being the centerline of Geneva Street.
Bearings are referenced to the west line of the NW % of Section 12, T18N, R16E
which is assumed to bear S. 01°40'11"E.
SECTION 2. Immediately upon these amendments to the Official Map becoming
effective, the City Clerk shall file a certificate with the Register of Deeds for Winnebago
County showing that the City has amended its official map; and shall remove from the
Official Map the obsolete map sheet and shall replace it with a copy of the map sheet
attached hereto; the obsolete map sheet shall be retained by the City Clerk in a hard-
bound folder and each sheet thereof marked to the effect that it was rescinded by action
of the Common Council this date; the new sheet added to the Official Map shall be
marked to the effect that the amended sheet was adopted by action of the Common
Council of this date.
SECTION 3. This Ordinance shall be in full force and effect from and after its
passage and date of publication.
**Bold & Italics indicates amendment
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EXHIBIT A cont'd
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EXHIBIT A cont'd
MAY 11, 2004 MAY 25, 2004 04-165 04-180 ORDINANCE
FIRST READING SECOND READING
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: OFFICIAL MAPPING / GENEVA STREET EXTENDED
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-68
OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE OFFICIAL MAP.
WHEREAS, a public hearing, after due and proper notice, was duly held before
the Common Council of the City of Oshkosh concerning the adoption of this amendment
to the Official Map of the City of Oshkosh, and the Plan Commission having duly
recommended the adoption of this Ordinance;
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
SECTION 1. That Section 30-68 of the Oshkosh Municipal Code pertaining to
the Official Map of the City of Oshkosh and its extraterritorial jurisdiction shown, is
hereby amended by deleting therefrom the present map sheet, and the substituting
therefore an amended map sheet, thereby making the following revisions to the official
map:
Geneva Street extended from its current terminus north to W. Packer Avenue
A parcel of land being part of the SW 1/4 of the NW 1/4 of Section 12, T18N, R16E, 15th
Ward, City of Oshkosh and the Town of Oshkosh, Winnebago County, Wisconsin,
containing approximately 1.08 acres of land and being described as follows: A strip of
land 30.00 feet on each side of the following described centerline: Commencing at the
northwest corner of said Section 12, T18N, R16E; thence S. 01°40'11" E. 1,320.49 feet
along the west line of the NW 1/4 of Section 12, T18N, R16E to a point on the south line
of the NW '/4 of the NW 1/4 of Section 12, T18N, R16E; thence N. 88°39'23" E. 688.41
feet along said south line of the NW '/4 of the NW '/a of Section 12, T18N, R16E; thence
S. 01°17'48" E. 39.98 feet to the south line of W. Packer Avenue and also being the true
point of beginning; thence continuing S. 01°17'48" E., 785.70 feet. Bearings are
referenced to the west line of the NW 1/4 of Section 12, T18N, R16E which is assumed
to bear S. 01°40'11" E.
EXHIBIT A cont'd
MAY 11, 2004 MAY 25, 2004 04-165 04-180 ORDINANCE
FIRST READING SECOND READING CONT'D
SECTION 2. Immediately upon these amendments to the Official Map becoming
effective, the City Clerk shall file a certificate with the Register of Deeds for Winnebago
County showing that the City has amended its official map; and shall remove from the
Official Map the obsolete map sheet and shall replace it with a copy of the map sheet
attached hereto; the obsolete map sheet shall be retained by the City Clerk in a hard-
bound folder and each sheet thereof marked to the effect that it was rescinded by action
of the Common Council this date; the new sheet added to the Official Map shall be
marked to the effect that the amended sheet was adopted by action of the Common
Council of this date.
SECTION 3. This Ordinance shall be in full force and effect from and after its
passage and date of publication.
STATE OF WISCONSIN )
COUNTY OF WINNEBAGO ) SS
CITY OF OSHKOSH
I, PAMELA R. UBRIG, City Clerk for the City of Oshkosh, Winnebago County,
Wisconsin, do hereby certify that the foregoing resolution is a true and correct copy of the
original on file in my office, adopted by the Common Council of the City of Oshkosh, Wisconsin
at the meeting held on May 25, 2004.
Witness my hand and the Corporation seal of the City of Oshkosh Wisc nsin.
DATED: JUNE 24, 2004 C. V(i
City Clerk of the City of Oshko ,
Winnebago County, Wisconsin
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EXHIBIT A cont'd N
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ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Bunch
Director of Planning Services / t
DATE: April 19, 2012
RE: Approve Deleting Officially Mapped Geneva Street from Current Terminus Northerly
to West Packer Avenue (Plan Commission recommends approval)
BACKGROUND
The subject area to be removed from the official map is located on the north side of the city in an area
where the City and Town of Oshkosh municipal boundaries are intertwined. The proposed road
segment is 60-feet wide by 1,285 feet long, starting at the northern terminus of Geneva Street running
north and terminating at its intersection with West Packer Avenue. It runs through three properties
within the City and three within the Town and land uses in the area include agricultural, industrial,
commercial and residential. Geneva Street was officially mapped in 2003 and amended in 2004 to
allow a through street from the existing Bacon Avenue to West Packer Avenue to offer increased
development opportunities along the extended street.
ANALYSIS
The Department of Public Works is requesting the official mapping of this portion of Geneva Street be
removed allowing the design and development of storm water management facilities including the
construction of the flood relief channel and detention basin. This area is part of the Libbey Avenue
storm water watershed and experiences flooding in both this watershed and the Nicolet Court
watershed. The recommended solution is to construct a high functioning storm water facility in this
location and the proposed extension of Geneva Street would bisect the channel and detention basin
creating a loss of storage volume and the need for additional detention basin space. With the proposed
acquisition of a majority of the vacant properties, the original intent is no longer valid to extend the
roadway. The detention facilities are consistent with the Comprehensive Plan and will provide a buffer
between the residential uses to the south and east from the commercial and industrial uses to the north
and west.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its April 3, 2012 meeting.
Approvzjed
City Manager
ITEM: REMOVAL OF OFFICIALLY MAPPED RIGHT-OF-WAY "GENEVA
STREET"
Plan Commission meeting of April 3, 2012
GENERAL INFORMATION
Petitioner: City Administration
Owners: Laverne Komorowski, Thomas Wright & Shannon Finger, Lois Luebke Marital Trust,
John Zellmer and Gary Garbe
Action(s) Requested:
Removal of an officially mapped segment of land designated as future right-of-way starting at the
northern terminus of Geneva Street running north and terminating at its intersection with West Packer
Avenue.
Applicable Ordinance Provisions: N/A
Property Location and Background Information:
The subject area to be removed from the official map is located on the north side of the City in an area
where City of Oshkosh and Town of Oshkosh Municipal Boundaries are intertwined. The proposed
road segment is approximately 77,000 square feet in area/60-foot wide by approximately 1,285 feet
long, starting at the northern terminus of Geneva Street running north and terminating at its intersection
with West Packer Avenue. It runs through three properties located within the City of Oshkosh and
three properties located within the Town of Oshkosh. As the officially mapped road is long, there are
multiple land uses on or near including agricultural, industrial, commercial and residential.
Geneva Street was officially mapped in 2003 and amended in 2004 to allow the creation of a through
street from the existing north end near Bacon Avenue to West Packer Avenue. The official mapping
extending Geneva Street through what is a relatively wide block area was thought to offer increased
development opportunities along the extended street. As a separate action, the City is requesting land
acquisition of several of the properties the official mapped roadway bisects, necessitating the removal
of the official mapped roadway at this time.
Subject Site
Existing Land Use Zoning
Agricultural, Multiple-Family, Industrial and County M-1, R-3, County A-2, and
Vacant Commercial C-2
Adjacent Land Use and Zoning
Existin: Uses Zoning
Commercial and Agricultural (across M-2 and County M-1
North West Packer Avenue)
South Single and Two-Family Residential R-1 and R-2
Vacant Commercial, Agricultural, C-2, M-2, R-3, County A-2 and
East Industrial and Multiple-Family County M-1
Vacant Commercial, Agricultural and C-2, M-2, M-3, County A-2, County
West Industrial B-3 and County RR
Comprehensive Plan Land Use Recommendation Land Use
10 Year Land Use Recommendation Residential and Industrial
20 Year Land Use Recommendation Residential and Industrial
ANALYSIS
The Department of Public Works is requesting the official mapping of this portion of Geneva Street be
removed allowing the design and development of storm water management facilities including the
construction of the flood relief channel and detention basin.
This area is part of the Libbey Avenue storm water watershed. This watershed experiences flooding
during moderate to heavy rainfall events. The recommended solution to reduce flooding in this
watershed and the Nicolet Court watershed is to construct a flood relief channel and detention basin on
vacant land in this area. The proposed extension of Geneva Street would bisect the channel and
detention basin, creating a loss of flood storage volume, and result in additional detention basin space
being needed to control flooding. Several other options were evaluated but eliminated due to other
environmental concerns (wetlands) and/or cost.
The purpose of the Geneva Street official mapping was to protect the land from development and allow
future roadway construction, thereby affording the property owners an additional street/roadway to divide
their lots upon. With the proposed acquisition of a majority of the vacant/underdeveloped properties, the
original intent is no longer valid and the roadway would not afford any development opportunities and
would in fact hinder or make impossible the development of a high functioning storm water facility.
Though the Comprehensive Plan for this area recommends a combination of residential and industrial
uses for the area, the installation of public utilities remains consistent as storm water maintenance and
detention facilities are features accessory to all uses within the land-use recommendations. Additionally,
the placement of the storm water facilities as anticipated will provide a buffer for the residential
properties generally in the southern and eastern areas from the commercial and industrial uses located
generally to the to the north and west.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the official map action as requested.
The Plan Commission approved of the official map action 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 land use and
zoning classifications in said area. He also reviewed a site plan displaying the area to be removed from
the official map. He explained that the area was officially mapped in 2003 to provide development
opportunities for the landowners in the area; however the Department of Public Works is requesting to
acquire several of the properties for detention purposes the official mapped roadway bisects
necessitating the removal of the official mapping at this time. He also reviewed the project area map
for the Libbey &Nicolet Avenue watersheds.
Mr. Bowen inquired what parcels would be acquired and why the City was vacating the entire roadway
ITEM-OFFICIAL MAP REMOVAL-GENEVA ST 2
when the area to the north did not appear to be involved with the acquisition.
Mr. Buck replied that the official mapping actually hinders develop of the property to the north of the
area to be acquired as it bisects the parcel.
Motion by Borsuk to approve the removal of officially mapped right-of-way "Geneva Street".
Seconded by Bowen. Motion carried 8-0.
ITEM-OFFICIAL MAP REMOVAL-GENEVA ST
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Removal of Official Mapping, Geneva Street
Geneva Street was officially mapped to allow the creation of a through street from the
existing north end near Bacon Avenue to Packer Avenue in 2004. This area is part of the
Libbey Avenue storm water watershed. This watershed experiences flooding during
moderate to heavy rainfall events. The recommended solution to reduce flooding in this
watershed and the Nicolet Court watershed is to construct a flood relief channel and
detention basin on vacant land in this area. The proposed extension of Geneva Street
would bisect the channel and detention basin, creating a lose of flood storage volume, and
result in additional detention basin space being needed to control flooding. Several other
option were evaluated but eliminated due to other environmental concerns (wetlands)
and/or cost.
The Department of Public Works is requesting the Official Mapping of Geneva Street be
removed to allow construction of the storm water management facilities. The construction
of the flood relief channel and detention basin will provide a buffer for the residential
properties in the area from the commercial and industrial uses located to the north.
5
REMOVE OFFICIAL MAPPING GARBE GARY R ZELLMER JOHN
GENEVA ST EXTENSION 1841 BEECH ST PO BOX 126
PC: 04-03-12 OSHKOSH WI 54901 2228 WINNEBAGO WI 54985 0126
WRIGHT THOMAS UJAZDOWSKI ANDREW B TYSON GEORGE G
FINGER SHANNON 318 12TH ST 2352 GENEVA ST
19105 W CAPITOL DR STE 200 NEENAH WI 54956 2821 OSHKOSH WI 54901 1804
BROOKFIELD WI 53045 2708
WISSINK DAVID C OSHKOSH KENNEL CLUB INC LUEBKE TRUST LOIS
2353 GENEVA ST PO BOX 2841 870 HONEY CREEK RD
OSHKOSH WI 54901 1803 OSHKOSH WI 54903 2841 OSHKOSH WI 54904
KOMOROWSKI LAVERNE
3952 APPLE LN
OSHKOSH WI 54902
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DISCLAIMER REMOVE OFFICIAL MAPPING OCID11
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This drawing is a compilation of records,data 1V
and information located in various city,county N TO W PACKER AV 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-
sponsible Department Of
for any inaccuracies herein contained.
If discrepencies are found,please contact the Community Development
City of Oshkosh.
Scale: 1" = 250' 03/22/12
Created by-dff
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DISCLAIMER REMOVE OFFICIAL MAPPING
This map is neither a legally recorded map nor GENEVA ST EXTENSION
a survey and it is not intended to be used as one. l�T
This drawing is a compilation of records,data 1V OIHKOlH
and information located in various city,county N TO W PACKER AV 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
s onsibie for any inaccuracies herein contained.
If discrepancies are found,please contact the Community Development
City of Oshkosh. Scale. 1" — 1000' 03/22/12
Created by-dff
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DISCLAIMER REMOVE OFFICIAL MAPPING
This map is it neit is not i legally tofb7e us map nor GENEVA S T EXT E N S I O N
a survey and it is not intended to be used as one. N
This drawing is a compilation of records,data 01HKO TH
and information located in various city,county N TO W PACKER AV °N TME 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-
sponsible for any inaccuracies herein contained. Department of
If discrepencies are found,please contact the Community Development
City of Oshkosh.
Scale: 1" = 250' 03/22/12
Created by-dff
9