HomeMy WebLinkAbout17. 15-499NOVEMBER 24, 2015 15-499 RESOLUTION
(CARRIED___7-0____LOST_______LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE RELEASING DETENTION BASIN EASEMENT;
SOUTH OF RUFFED GROUSE WAY
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the City
hereby releases the temporary storm water detention basin easement, per the attached
map, and the proper City officials are authorized and directed to execute any and all
documents necessary for purposes of same.
O
O.lHKOlH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: November 19, 2015
RE: Approve Releasing Detention Basin Easement; South of Ruffed Grouse Way
(Plan Commission Recommends Approval)
BACKGROUND
The subject site is part of the Hunters Ridge Development, a mix of multifamily apartment
and condominium developments. The owner is in the early planning stages to develop the
area identified as Lot 1 on the propose Certified Survey Map for residential development. In
addition to the two-lot land division, the City is requesting the release of a storm water
detention basin easement that is no longer needed for the Hunters Ridge Development. The
area surrounding the subject site includes multifamily and condominium developments to the
north, vacant/undeveloped lands to the south and west and commercial development to the
east.
ANALYSIS
In January of 2005, the City accepted a temporary storm water detention basin easement
located on Lot 1 of the proposed Certified Survey Map. Since that time, a permanent storm
water detention basin has been constructed on proposed Outlot 1 with an associated
easement granted to the City. With the construction of that basin, the temporary easement
on proposed Lot 1 is no longer required and the City is requesting the easement be released.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its November 17, 2015 meeting.
Approved,
�'��---,�/����-
City Manager
ITEM:
ITEM:
TWO-LOT LAND DIVISION/CERTIFIED SURVEY MAP LOCATED
SOUTH OF RUFFED GROUSE WAY
RELEASE OF DETENTION BASIN EASEMENT SOUTH OF RUFFED
GROUSE WAY
Plan Commission meeting of November 17, 2015
GENERAL INFORMATION
Applicant: Carow Land Surveying Co., Inc.
Owners: Hunters Ridge of Oshkosh, LLC
Actions Requested:
The applicant is requesting a two-lot land division from four existing parcels containing a total of
30.4291 acres. The City is also requesting the release of a storm water detention basin easement
located on Lot 1 of the proposed Certified Survey Map. Sizes of the proposed lots are as follows:
Lot 1 = 21.4432 Acres
Outlot 1 = 8.9859 Acres
Applicable Ordinance Provisions:
Land division criteria are found in Section 30-71(M)(5) of the City's Subdivision Regulations.
Property Location and Background Information:
The subject site is part of the Hunters Ridge Development, a mix of multifamily apartment and
condominium developments. The owner is in the early planning stages to develop the area
identified as Lot 1 on the propose Certified Survey Map for residential development.
In addition to the two-lot land division, the City is requesting the release of a storm water detention
basin easement that is no longer needed for the Hunters Ridge Development.
The area surrounding the subject site includes multifamily and condominium developments to the
north, vacant/undeveloped lands to the south and west and commercial development to the east.
Subject Site
Existing Land Use
Vacant/Undevelobf
acent Land Use and
Existing Uses
North I Multi-family, Condominium
South I Vacant/U
R-3. Multiple Dwellin� District
R-3, Multiple Dwelling District
M-1PD Light Industrial Planned
Development (City) and A-2, General
A�riculture District (Countv)
M-1PD, Light Industrial Planned
Development, HWY 41 Corridor
EastCommercial _Overlay ..........................................................................._..................................................................._......
A-2, General Agriculture District
West Single Family/Agricultural (County)
Comprehensive Plan
Land Use Reeommendation Land Use
10 Year Land Use Recommendation Residential
20 Year Land Use Recommendation Residential
ANALYSIS
A: Land Division:
The petitioner is proposing to reconfigure the subject site into two parcels (one lot and one outlot)
from four parcels, to correct an illegal land division from 2006 (Warranty Deed, Document
Number 1420080, Winnebago County Register of Deeds) which split Lot 1 of CSM 5774 into four
parcels. Land divisions require a Certified Survey Map per the City's Subdivision Regulations.
Proposed Lot 1, encompassing approximately 3/4 of the eastern portion of the subject site, is sized
at 21.4432 acres. A considerable amount of the land is comprised of delineated wetlands
identified by Davel Engineering & Environmental dated August of 2014. Although much of the
land is taken up by wetlands, there is still ample area available for residential development. As of
the date of the CSM submission, no formal plans have been submitted to the city as to what type of
residential development is being planned for the site.
Proposed Outlot l, located at the south/southwest area of the subject site is sized at 8.9859 acres.
The area is shown to be nearly 100% delineated wetlands and does contain a regional detention
pond and access drive for the Hunters Ridge development to the north. The City does maintain a
storm water detention easement for this pond per Certified Survey Map Number 5774, Winnebago
County Register of Deeds. The "Outlot" designation will make the proposed lot unbuildable per
statutory regulations.
Due to the redesignation of a portion of the parent parcel to an outlot status, the City is requiring
that the current Developers Agreement between the City and Hunters Ridge of Oshkosh, LLC be
amended to accommodate the creation of the new parcel. Therefore, staff is requesting a condition
that the Developers Agreement be amended to reflect this change.
The proposed lot coniigurations meet the requirements of the subdivision regulations and staff
does not have concerns with the proposed parcel layout.
B: Release of Easement:
In January of 2005, the City accepted a temporary storm water detention basin easement located on
Lot 1 of the proposed Certified Survey Map. Since that time, a permanent storm water detention
basin has been constructed on proposed Outlot 1 with an associated easement granted to the City.
Item — Two-Lot Land Division, Ruffed Grouse Way, Release of Storm Detention Basin
With the construction of that basin, the temporary easement on proposed Lot 1 is no longer
required and the City is requesting the easement be released.
RECOMMENDATION/CONDITIONS
ITEM IIA
Staff recommends approval of the two-lot land division/Certified Survey Map as proposed with the
following condition:
1. The owner and City shall amend the current Developers Agreement to reflect the
change of the current parcel containing the existing detention basin to an outlot.
ITEM IIB
Staff recommends approval of the release of the temporary storm water detention basin easement
as requested.
The Plan Commission approved of the land division and release of the temporary easement as
requested with conditions noted. 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 land use and
zoning classifications in this area. He reviewed the certified survey map and the area of the
detention basin easement proposed to be released. He reviewed the proposed land division to
reconfigure the lots and discussed the location of wetlands on the site as well as the possible future
development on this site which was anticipated to be residential however no formal plans have
been submitted at this time. He reviewed the area for the release of the easement and discussed the
developer's agreement in place which will be required to be amended to reflect the change of the
current parcel containing the detention basin to an outlot status. He also explained the reason for
the current easement which was for a temporary storm water detention basin and that a permanent
detention basin has since been constructed making the current easement area no longer necessary.
He reviewed the condition relating to the amendment to the Developer's Agreement recommended
for this request.
Mr. Borsuk questioned if the new storm water detention basin was located within Outlot 1.
Mr. Nau responded affirmatively.
Mr. Borsuk then questioned if a designated wetland area could be used far that purpose.
Mr. Gohde replied that the area where the permanent detention basin was constructed was not
designated as a wetland area at the time of its construction.
Mr. Cummings questioned if the developer for this property was Midwest.
Mr. Nau responded affirmatively.
Item — Two-Lot Land Division, Ruffed Grouse Way, Release ojStorm Detention Basin
Motion by Borsuk to approve a two-lot land division/certified survey map and the release
of the temporary storm water detention basin easement for property located south of Ruffed
Grouse Way with the following condition on the land division:
1. The owner and City shall amend the current Developers Agreement to reflect the
change of the current parcel containing the existing detention basin to an outlot.
Seconded by Cummings. Motion carried 7-0.
Item — Two-Lot Land Division, Ruffed Grouse Way, Release of Storm Detention Basin
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ON THE WATER
City of Oshkosh Application
Subdivision & Certified Survey Map
A.PPLICANT INFORMATION
Petitioner: bab K,� � �l'J- r
**PLEASE TYPE .OR PRINT USING SLACK INK*�
SUBMIT TO:
Dept of Community Developme
215 Church Ave., P.O. Box 113(
Ost►lcosh, Rrisconsin 54903-113(
PHONE: (920) 236-5059
�re: /o��l.�
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Petitioner's Address: G%s N. G. yn�/�c�G �/`� City: �t Tan,.� State� Zip:.-?'��
Telephone #: ('�) j3� —��� Fax: (9�j T3I :SG �_ Other Contact # or Email: �� f'� Ct,, �o cJ +a�4/
S K r�r,`� � �•�
Status of Petitioner (Please Check): �Owner �epresentative ❑Tenant ❑Prospective Buyer � �
Petifioner's Signature (required)• _ " Date• `� �g �ls
OWNER INFORMATION
Owner(s)• r7"u il.�rfs VC r
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Owner(s) Address: ��p0 Lln i�vef'S al ��
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Date: /� � /�
City C/l�i /�c s� � State:�Zip: �
Telephone #: (fio'�d) ���oZo�SD Fax: ( ) � Other Contact # or Email: !'o �aQ,ntJ�cvc(o�MP�t
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Ownership Status (Please Check): �IndividaalQTn�st �artnership QCorporation
Propertq Owner Consenr (required) .
By signat�re hereoq �/We acknowledge that City officiaLs and/or em�ployces may, m the periomiance of their fimdions, enter �on
the Property to inspect or gather other information ne�essary to process this applicatioa I also �mderstand that all meeting dates are
tentative and may be postponed by the anning Servi ivision for incomplete submissions or other administrative reasons.
Propeity Owner's Signature: �iG � `�
Date: ��'�o—/�
SUBDIVISION INFORMATION
(Please Check): �Residential ❑CommerciaVIndastrial ❑Other
Approvals Requested (Please Check)�Preliminary Subdivision Plat* []Final Subdivision Plat rt'ified Survey Map
*If preliminary plat, is the entire area owned or controlled by subdivider included? YesJ—"�N� �
Location of Proposed ProjeM:
ZOIIIIIg C12SS1f1Cdf10II:
Reason for Division:
Proposed Number of Lots:
5,�� ..
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Lot Sizes: Min.. ��� Max. � 3riLAverage / 1���
Acres in Parcel(s). _____� �� f. fC—
Proposed Project Type (include use of buildings and properly): u. I r� �4M.1� G
G�rrent Use of Propeity (include existing structures): ;,S�otrh. �[.�r�!' ��F e•ti7 i Dn - Gf rt � 1/ �C.Ga •�_!
n_���� ��a /�` Staff Date Rec'd
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Significant Natural Amenities (slope, vegetation, large tree stands, etc.): f� � 7ld �s h�[ JC_
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Floodplains, navigable streams, wetlands, and Other Development Restrictions: L,t��G �! �^�s � tiJ=�
J�rt �L �� � c.w-7'a/ `�— S/�W✓t O•� Tlns— v� a�
Variances- List and explain any requested variances from the Subdivision Regulations:
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**Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
SUSMITTAL REOUIREMENTS — Must accompany the applicafion to be complete.
➢ Basic Materials
� Completed Application
� Legal Description of Site
� Twenty-Six (26) full size paper prints of the preliminary or final plat prepared in accordance with City Subdivision
Regulations
❑ One copy of the subdivision plat reduced to 8'/Z" x 11" �
� One copy of the Certified Survey Map
� Digital Copy of Preliminary Plat, Final Plat, or CSM in Autocad 2000 format (plaas may be �mailed to the Planning Office)
➢ Plat Data
Title
Legal description aad general location of property
Date, scale and north arrow
Names and addresses of the owner, subdivider, and land surveyor preparing the plat
Entire area contig�ous to the proposed plat owned or controlled by the subdivider shall be included on the preliminary plat
Exterior boundaries
❑ Contours
Water elevations
Location, rights-of-way widths and names
Location and names of any adjacent subdivisions
Type, width and elevation of existing sireet pavements within the plat or adjacent thereto
❑ Location, size, and invert elevation of existing infrastructure items such as sewers, manholes, power poles, etc.
�Locations of all existing property boundary lines
Dimensions of all lots with proposed lot and block numbers
❑ Location and dimensions of any sites to be reserved or dedicated for parks, trails, playgrounds, drainage ways, or other public
use, or which are to be used for group housing, shopping centers, church sites, or other non-public uses not requiring lotting
❑ Approximate radii of all curves
� Corporate limit lines
� Any proposed lake and/or stream access
Any proposed lake and stream including the notice of application for Dept. of Natural Resources' approval, when applicable
Location of environmentally sensitive areas (wetlands, floodplains, navigable streams, etc.)
For further information see Section 30-72 of City of Oshkosh Subdivision Regulations for Submittal Reqairements
FEE SCHEDULE
Land Division - $75.00
Land Division/Administrative Review Only - $25.00 �
Preliminary Plat -$50.00 plus $1.00 per lot
Final Plat -$100.00 plus $25.00 per lot
For more information please visit the City's website at ww�v.ci.oshkosh.wi.us/Community_Development/Planning.htm
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CERTIFIED SURVEY' MAP N�.
BEING ALL OF LOT 1 OF CERTIFFIED SURVEY MAP NUMBER 5774 AS RECORDED IN VOLUME 1 OF
CERTiFIED SURVEY MAPS ON PAGE 5774, IACATED IN Tf� SOUI�VE.ST 1/4 OF TI� FRACTIONAL
NORTHEA.ST 1/4 AND Tf� NORTIiWEST 1/4 OF Tf� FRACTIONAL NO�'T 1/4, ALL IN SECTION 4,
TOWNSHIP 17 NORTH, RANGE 16 EA.ST, 13TH WARD, CT1Y OF OSHKOSH, WINNEBAGO COUNTY, WfSCONSIN.
OWNERS OF RECORD: CURVE TABLE:
HUIVTERS RIDGE OF OSHI{OSH, LI.0 C C. CHORD C ORD
8� HUNTERS RIDGE STORM WATER CUf7�E RADIUS ANGLE LENGTH BEA,RING LENGI}i TANGENt BEARINGS
EASEMEIVT MASTERASSOCIATION C1 135.00 33'32'42 79.04 N51'O6'58"E 77.91 N6753'19"E N34'20 37 E
PAR�,F,T.ID: C2 75.00 33'32'42" 43.91 N51'O6'S8"E 43.29 N34'20'37"E N67'53'19"E
91329600400&91329600100 C3 140.00 21'13'48" 51.87 N7630'13"E 51.58 N67'S3�19"E N89'07'07"E
C4 135.00 79'54'36° 188.28 N4509'49"E 173.39 N89'07'07"E N09'12'31"E
LEGEND: NOTE: -
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These map(s)Idatasets are provided for information purposes only and may not be sufficient or
appropriate for legai, engineering, or surveying purposes. They are provided "AS-IS" without
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
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approximate relative location of property, boundaries and other feature from a variety of sources.
These map(s)ldatasets are provided for infortnation purposes oniy and may not be sufficient or
appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS" without
warranties of any Idnd and the City of Oshkosh assumes no liability for use or misuse.
Map TemplatelPlan Commission Site Plan Map Template.mxd
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The City of Oshkash creates and maintains GIS maps and data for its own use. They may show the
approximate relative location of property, boundaries and other feature from a variety of sources.
These map(s)/datasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or suroeying purposes. They are provided "AS-IS" without
warranties of any kind and ihe City of Oshkosh assumes no liability for use a misuse.
Commission Site Plan Map Template\Plan Commission Site Plan Mao Temolate.mxd
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1 in=400ft
Printing Date: 10128/2015
Prepared by: City of Oshkosh, WI
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