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Home My WebLink About06. 13-13 JANUARY 22, 2013 13-13 RESOLUTION (CARRIED___7-0____LOST________LAID OVER_______WITHDRAWN_______) PURPOSE: GRANT EASEMENT TO PACUR LLC NORTH OF 3555 MOSER STREET INITIATED BY: PACUR LLC PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to grant an easement to Pacur LLC to allow Pacur to install a storm sewer across city-owned land on the north side of 3555 Moser Street, per the attached, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. O1HKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: January 17, 2013 RE: Grant Easement to Pacur LLC North of 3555 Moser Street (Plan Commission recommends approval) BACKGROUND The subject site is located in the City's North Industrial Park. The City -owned property is a 15 foot wide by 606 foot long strip of land containing a railroad spur line servicing Pacur, LLC to the south. The Town of Oshkosh property to the north of the spur line is under the same ownership as Pacur, LLC and is currently undeveloped and being used agriculturally. The rest of the surrounding area is exclusively used for manufacturing and industrial purposes, most of which is located within the North Industrial Park. ANALYSIS Pacur, LLC is in the process of a parking lot expansion project located on the northeast area of their property located at 3555 Moser Street which requires an expansion of their storm water management infrastructure in the form of construction of a detention basin. As the site does not have adequate area to accommodate the basin, the owner is proposing to construct the basin off -site to the north and directionally bore underneath the City's railroad spur property to connect to the planned basin. The Department of Public Works has reviewed and approved of the request and the appropriate easement documents will be signed and recorded at the Winnebago County Register of Deeds. FISCAL IMPACT None anticipated, RECOMMENDATION The Plan Commission approved of this request at its January 15, 2013 meeting. Approved, C4 Manager ITEM: GRANT STORM SEWER EASEMENT FOR PROPERTY NORTH OF 3555 MOSER STREET Plan Commission meeting of January 15, 2013 GENERAL INFORMATION Petitioner: Pacur LLC, Suneer Patel Owner: City of Oshkosh Action Requested: Suneer Patel, representing Pacur, LLC, is requesting a 20 foot by 15 foot storm sewer easement from the city to install a 12 inch storm sewer across a 15 foot strip of city -owned land to connect with a proposed storm basin located north of the City properly. This request was initiated as part of a parking lot project at 3555 Moser Street which required expansion of the property's storm water management infrastructure. Applicable Ordinance Provisions: N/A Property Location and Type: The subject site is located in the City's North Industrial Park. The City -owned property is a 15 foot wide by 606 foot long strip of land containing a railroad spur line servicing Pacur, LLC to the south. The Town of Oshkosh property to the north of the spur line is under the same ownership as Pacur, LLC and is currently undeveloped and being used agriculturally. The rest of the surrounding area is exclusively used for manufacturing and industrial purposes, most of which is located within the North Industrial Park. Analysis: Pacur, LLC is in the process of a parking lot expansion project located on the northeast area of their property located at 3555 Moser Street. The proposed improvements required an expansion of their storm water management infrastructure, more specifically, construction of a detention basin. The property did not have enough area on -site available to construct the basin, therefore the owner proposed to construct the basin off-site on their property located to the north of the city owned property (spur property). To connect the planned basin, the petitioner proposed to the City to directionally bore underneath the City's railroad spur property. The Department of Public Works reviewed the request and does not have any concerns with the proposal. The Department of Public Works and City Attorney is working with the property owner to have appropriate easement documents signed and recorded at the Winnebago County Register of Deeds. Staff supports the easement request as this will not have a negative impact on the City's or surrounding properties and is needed to allow Pacur to proceed with their site improvements. RE COMMENDATION /CONDITIONS Staff recommends approval of the granting of the proposed storm sewer easement as requested. The Plan Commission approved of the proposed 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 as well as the zoning classifications in said area. He stated that the storm water management infrastructure is in the form of a detention basin to be constructed north of the property and the easement would allow connection to this basin by boring underneath the existing railroad spur located on City property. Mr. Thoms questioned if the Town of Oshkosh has already approved the construction of the detention basin as it would be located outside of the city limits, Steve Gohde, Assistant Director of Public Works, stated that the basin would require a building permit as it is located on the property owner's land however he was not aware if the Town has approved a building permit for the structure at this time. Ms. Lohry inquired where the storm water runoff would go, Mr. Nau responded that the water would go north via the storm sewer located in the easement, if approved, to the planned detention basin which would be located in the southeast corner of the property. Ms. Lohry requested clarification on the map as to the location of the detention Basin, Mr. Nau displayed the location of the basin on the map. Mr. Gohde stated that the detention basin would be tied into the public storm system on Moser Street however construction on the basin has not yet begun. Mr. Hinz questioned if the approval of the easement was necessary to move forward with the detention basin construction. Mr, Gohde indicated that there was not adequate space on the existing site for the basin and Pacur had plans to expand their business which was necessitating the requirement for additional storm water management. Mr. Thoms inquired if there were any concerns regarding the integrity of the railroad spur line. Mr. Gohde responded that the spur line takes precedence and the property owner would be responsible for any damage to it. Motion by Nollenberger to approve the easement for property north of 3555 Moser Street. Seconded by Cummings. Motion earned 6-0. Item -Grant EasementlMoser St (0 GH ON THE WATER APPLICANT INFORMATION Petidoner: Suneer Patel Petitioner's Address: 3555 Moser Street City of Oshkosh General Application "PLEASE TYPE OR PRINT USING BLACK INK ** Telephone #: (924 ) 230 -9140 Fax; ( city: Oshkosh SUBMIT TO. Dept, of Community Dcvelopment 215 Church Ave., P.O. Box 1130 Oshkosh, W1 54901 PHONE: (920) 235 -5059 Date: 11/29/12 State: WI Zip: 54901 Other Contact # or Email: spatel @pacur.com Status of Petitioner (Please Check ); ❑p ner �]✓ Representative [�I enant []Prospective Buyer Petitioner's Signature (required): ✓�nr� Date: %% 2 911 OWNER INFORMATION owner(s); City of Oshkosh c/o Director of Public Works Date; 11/29112 Owner(s) Address: P.O. Box 1130 Telephone #: ( 920 ) 236 -5000 Fax; ( City: Oshkosh Other Contact# or Email: Ownership Status (Please Check): QIndividual [Trust []Partnership OCorporation State: W Zip: 54913 Property Owner Consent; (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: TYPE OF REQUEST- - Access Control Variance ✓ .Easement Privilege in Street (identify) Other (identify) SITE INFORMATION Date: Address/Location of Proposed Project: 3555 Moser Street r Proposed Project Type: Storm sewer Installation Current Use of Property: Rallroad Zoning: M -3 General lndushial Land Uses Surrounding Your Site: North: farmland South: industrial East; Industrial West: Industrial - Application fees are due at time of submittal, Make check payable to City of Oshkosh. D Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE For more information please visit the City's website at www,ci,oshkosh.wi.us/ Community _DevelopmenVPlanning.htm Staff 1 " �h] Date Reed � �f TA Easement Narrative pacur, LLC— Oshkosh, WI Proposed Easement Narrative Proposed Use of the Property: Install a new storm sewer under the existing railroad. Existing Use of the Property: Railroad Id of Existing Structures on the Property and Discussion of their Relation to the Project: The only structure currently located on the property is the Canadian Northern Rail Spur. The project will be constructed in accordance with all rail requirements and will have no effect on the operation of the rail. Number of Residents /Employees /Daily Customers: None Proposed Dwelling Units /Floor Area /Landscape Area /Parkign Area: None, Effects on Adjoining Properties: None Surrounding sand Uses, Farmland and Industrial Compatibility of the Proposed Use with Adjacent and Other Properties: The proposed installation will have no affect on the adjacent and other properties in the area. Traffic Generation: None Other: None 3 /I V, MA��- 11 F:, ?Raj wz -n7.71 --.t i -UMILLS H I Don ;rSc IBUEJ 0 L% Ysomso Laa,IR U?-SDN 029C SIN3MAOUdYll ails NIHON asnougum unoyd /I V, MA��- 11 F:, ?Raj wz -n7.71 --.t i The Ch of Oshkosh creates and maintains GIS maps and data for its wn use. They may show the approximate relative location of property, boundarles and other feature from a variety of sources. These map(sydalasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS' without wa rmnUes of any kind and the City of Oshkosh assumes no liability for use or misuse. 1 in = 0.04 mi I in = 207 ft Printing Date: 117/2013 Prepared by: City of Oshkosh, Wl U_7H.K0f H 0.4 THE WATER 5 he City of Oshkosh creates and maintains GIS maps and data for its own use. They may shvn the )proximate relative location of property; boundades.and other feature from a variety of sources' iese map(s)1datasets are provided for Information purposes only and may not be sufficient or )prop6ate for legal, engineering, or surveying purposes. They are provided 'AS-IS' without qrranflas of any kind and the City of Oshkosh assumes no habMy for use or misuse. N 1 in = OA9 mi I in = 1,000 ft Printing Date: 117/2013 Prepared by: Qty of Oshkosh, W1 — e OfHKO,fH ON ME WATER 0