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Home My WebLink About09. 16-422AUGUST 23, 2016 16 -422 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE DETERMINATION OF NECESSITY TO ACQUIRE PORTION OF PROPERTY AT 2240 WESTOWNE AVENUE FOR STORMWATER DETENTION INITIATED BY: CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the City Administration has determined it is in the best interests of the City of Oshkosh to acquire certain land for expansion of the City's stormwater basin at the northwest corner of Westowne Avenue and North Washburn Street in the Westowne Watershed to provide flooding relief to Oshkosh residents; and WHEREAS, completion of said project requires the acquisition of a portion of the property at the 2240 Westowne Avenue, as described in the attached "Exhibit A ". NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Common Council certifies it is necessary for the City to acquire a portion of the property as described in the attached "Exhibit A" in order for said purpose to be accomplished. It is further determined by the Common Council that acquisition of the above described property and shown in the attached exhibit is hereby determined necessary pursuant to the provisions of Sections 32.05 and 32.07 of the Wisconsin Statutes. "Exhibit A" Acquisition of Portion of the Property at 2240 Westowne Avenue Part of the Northwest 1/4 of the Southeast 1/4 of Section 16, Town 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the East 1/4 corner of said Section 16; thence along the North line of the Southeast 1/4 of said Section 16, South 8902827' West, 1,351.97 feet; thence along the East line of the West 1/z of said Section 16, South 0005443" E, 227.35 feet; thence along the South line of S.T.H. "21 ", South 72041'17' East 97.62 feet to the point of beginning. Thence along the South line of S.T.H. "21 ", South 70047'10" West 141.83 feet; thence S 29031'12" East 158.77 feet to the south property line; thence North 3605857' East 51.10 feet; thence 89.89 feet along the arc of a curve to the right having a radius of 253.94 feet and a cord of 89.42 feet that bears North 47007'24" East; thence North 26000'19 "West, 92.49 feet to the point of beginning, containing 16,497.38 square feet (0.3787 acres). Oshkosh MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: August 18, 2016 RE: Approve Determination of Necessity to Acquire Property at 2240 Westowne Avenue (Plan Commission Recommends Approval) BACKGROUND The subject property is a triple- frontage lot bounded by State Highway 21 to the north, N. Washburn Street to the east and Westowne Avenue to the south. The property is developed with a multi-use commercial structure consisting of a gas station /convenience store (Shell) and fast food restaurant with drive -thru (McDonalds). The site also contains off street parking areas, car wash, trash enclosure and an accessory storage structure. The surrounding area is a newer well- established commercial district with various commercial and service uses surrounding the subject site. ANALYSIS The Department of Public Works is proposing to acquire 0.5 acres from the existing property to enable the City to expand the storm water basin at the northwest corner of Westowne Avenue and N. Washburn Street. This acquisition will allow the City to double the size of the existing basin increasing flood protection and water quality improvements within the Westowne Watershed. In 2015, the City received a grant that will cover half the cost of engineering and construction of the basin expansion and will increase the removal of pollutants from 12% to 73 %. After the acquisition receives approval by the Common Council, a certified survey map will be prepared and a conditional use permit will be required to be approved for construction of the basin expansion. The proposed use is consistent with the City's Comprehensive Plan and the land acquisition is another component to the City's continuing efforts to impede flooding problems and meet storm water quality standards mandated by the Wisconsin Department of Natural Resources. FISCAL IMPACT The land acquisition will result in approximately .5 acres of land being removed from the tax roll estimated at approximately $118,000. RECOMMENDATION The Plan Commission recommended approval of the necessity to acquire property at its August 16, 2016 meeting. Respectfully Submitted, 4w 6- w ' Darryn Burich Director of Planning Services Approved, Mark Rohloff City Manager The City of Oshkosh creates and maintains GIS maps and data for its own use. They may shay the approArnate relative location of property, boundaries and other feature from a variety of sources. These map(sydatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineerirrg, or surveying purposes. They are prodded 'AS -IS' without warranties of any kind and the City of Oshkosh assumes no 6ab•.iity for use or misuse. JAGISIPIann:ngtPlan Commission Site Plan map TemW.awPlan Comnti ssen Site Fan 6 +ao Temolate.mxd TIn= 0.02mi Tin =90R Pdn6ng Date: 7129/2016 Prepared by: City of Oshkosh, WI M ME C:ily OT Oshkosh I leer- " h b ITEM: DETERMINE NECESSITY AND AUTHORIZATION TO ACQUIRE PROPERTY AT 2240 WESTOWNE AVENUE Plan Commission meeting of August 16, 2016 GENERAL INFORMATION Applicant: City of Oshkosh Department of Public Works Property Owner: PJS of DePere, LLP Action(s) Requested: The City of Oshkosh Department of Public Works is requesting authorization to acquire approximately 0.5 acres of land from an existing 2.88 acre parcel located at 2240 Westowne Avenue. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject property is a triple- frontage lot bounded by State Highway 21 to the north, N. Washburn Street to the east and Westowne Avenue to the south. The property is developed with a multi-use commercial structure consisting of a gas station /convenience store (Shell) and fast food restaurant with drive -thru (McDonalds). The site also contains off street parking areas, car wash, trash enclosure and an accessory storage structure. The surrounding area is a newer well- established commercial district with various commercial and service uses surrounding the subject site. Subiect Site Existing Land Use Zonin Commercial (Shell Service Station, McDonalds) C -2, U.S. Highway 41 Corridor Overlay Adjacent Land Use and Zoning Existing Uses I Zoning North .....__............_._...._ Commercial _..._.__.._.._.-..........._ .................._.. .......... _.........._._ ............. _...................._..._......... 10 Year Land Use Recommendation C -2 South .... _.......... - - -- -.........._—........_..._...._.._.._.....__....—..._......__..._.... Commercial ..--- .........................- ........:_......_.............. --....._.— _.._..............- --._... .._.... _ ............... _._ .... — - ...__..__............._...—...._...._...._......................-- C -2 & C -2PD East .__ ....... --- ..... __..... Commercial _.__..._......._........_ -- ..........._....... - - -- ... —. _. _. -_ -. _ —. _ -.......... ---- ......._C-2PD, ............... --- ...__..................- --- .......... ... - .... .--- ............... _._ ......... _ ........................... _ ........ __._..__.._..._ Highway 41 Corridor Overlay _._........... West Commercial C -2PD Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS The Department of Public Works is proposing to acquire approximately 0.5 acres from the existing property located at 2240 Westowne Avenue to enable the City to expand the storm water basin at the northwest corner of Westowne Avenue and N. Washburn Street. The land acquisition will allow for the City to almost double the size of the existing basin; increasing flood protection and water quality improvements within the Westowne Watershed that are consistent with the City's storm water management goals. In 2015 the City received a grant that will cover approximately half the cost of engineering and construction of the basin expansion. The Westowne Watershed is the 41h highest generator of , pollutants in the City. The proposed improvements will increase the removal of pollutants (TSS) from 12% with the existing basin to 73% with the expanded basin. A certified survey map will be required to process the proposed land division which will be prepared after approval of the land acquisition by the Common Council. Once the land is acquired, the City will be required to apply for a Conditional Use Permit for construction of the basin expansion which will be reviewed by the Plan Commission and submitted to the Common Council for approval. The proposed use is consistent with the Comprehensive Land Use Plan as storm water management facilities are components for the existing roadways and developments located within the Westowne Watershed. Staff is in support of the proposed land acquisition as it is another component to the City's continuing efforts to impede flooding problems and to meet storm water quality standards mandated by the Wisconsin Department of Natural Resources. 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. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He discussed the reason for the proposed land acquisition which was to enable the City to expand the storm water basin at the northwest corner of Westowne Avenue and N. Washburn Street. He discussed the current grant the City received to cover half of the costs for the construction of the detention basin and the Westowne Watershed and the benefits of constructing the expansion to the existing basin as it would increase the removal of pollutants by a significant amount. He further explained that a certified survey map would be required if the land acquisition received approval and a conditional use permit would require approval for the construction of the detention basin. He added that this proposed use was consistent with the City's Comprehensive Plan and will continue efforts to impede flooding problems and meet storm water quality standards. Item — Land and Acquisition —2240 Westowne Avenue 2 Mr. Fojtik commented that this area appears to already be an area of a secondary basin. Mr. Gohde indicated that this area is adjacent to an existing wet detention basin and is currently utilized as a dry basin. Mr. Bowen questioned if the portion of the property proposed to be acquired will continue to serve the existing commercial site as well as provide detention for municipal purposes or essentially be a shared detention basin. He also inquired if the City has other shared basins. Mr. Gohde responded affirmatively and stated that the Armory site was a shared detention basin and any other shared basins were regional basins constructed to serve an entire area. Ms. Propp inquired if the property owner was cooperative regarding the proposed land acquisition. Mr. Gohde replied that so far they seemed to be however the City was currently following the eminent domain process as it allows the City to negotiate with the property owner. Mr. Thoms discussed the eminent domain process and questioned how this would affect the ability to drain the site and if this action could have a negative effect on the existing businesses in this area. Mr. Gohde responded that there would be other options to comply with storm water management and gave examples of types of drainage methods that could be utilized. He further stated that the City is not seeking an authorization to acquire the property at this time but the determination of necessity to acquire only. Mr. Thoms voiced his concerns that this action could affect a business that is currently in compliance with their storm water management requirements. Mr. Bowen questioned if this site has been determined to be the best area to assist in this process, how it was determined. Mr. Gohde discussed how some sites in this area were developed without storm water management and discussed the pattern of the water flow which goes west and south from this area. Mr. Bowen inquired if this was surface water flow. Mr. Gohde responded that all the storm water is being treated however the existing detention basin fills and drains quickly allowing more pollutants to remain. This expansion of the existing detention basin would allow for a slower release of the water from the basin which would provide for additional time to filter the water and remove more pollutants. Mr. Bowen questioned if this action was to address water quality. Item — Land and Acquisition — 2240 Westowne Avenue 3 Mr. Gohde responded affirmatively. Mr. Thorns questioned if there was an alternative site that could be used for this purpose and 4 why the City could not utilize the vacant right -of -way for detention basin purposes. Mr. Gohde discussed several of the locations that were in this vicinity and that they are not useable due to that fact that they are either state right -of -way lands or town parcels. He further explained how the detention facilities function and that it would not be as effective to have two small detention basins rather than one larger one. Mr. Borsuk stated that he would support this request and discussed the eminent domain process and how this was one of several steps to allow the City to negotiate with the property owner. He continued to discuss the statutory requirements that are involved with this process. Mr. Thoms commented that he would support the preliminary process but would be less likely to support it if the land acquisition does not go as planned. He continued to discuss the possible negative impacts that could occur to sites that currently meet the storm water management requirements and that more costs should be absorbed by the City if this detention area was also going to provide drainage for public use. Motion by Vajgrt to approve a determination of necessity to acquire a portion of the property located at 2240 Westowne Avenue. Seconded by Borsuk. Motion carried 8 -0. Item — Land and Acquisition — 2240 Westowne Avenue 4 Necessity to Acquire Approximately 0,5 Acres of 2240 Westowne Avenue Narrative The Department of Public Works proposes to acquire approximately 0.5 acres of the property at 2240 Westowne Avenue as a part of the expansion of the City's stormwater basin at the northwest corner of Westowne. Avenue and N Washburn Street. The acquisition of this property will approximately double the size of the existing City owned wet detention basin. The larger basin would increase flood protection and water quality improvements to a level that is in line with the City's stormwater management goals. In 2015 the City of Oshkosh received a $94,000 construction grant to expand the City's wet basin. The grant should cover approximately half or the cost of engineering and construction of the expanded basin. The Westowne watershed is the 4th highest generator of pollutants (TSS /acre) in the City, The expanded basin will make a significant contribution toward the City reaching the pollutant reduction target mandated by the DNR through the City's MS4 Storm Water Permit by increasing the removal of pollutants (TSS) from 12 percent (with the existing basin) to 73 percent. I: 1Engineering\Storm Water InfonnationUty `Vide Stonn water Modeling - Page 1 of 1 Earth Tech\Washburn Water Quality Basin12016tNecessity to Acquire 2240 Westowne 2016.doex 91 CITY OF OSHKOSH ENGINEERING DIVISION FILE NAME: DRAWN: WESIOWNE POND LIND.DWG 7 -21 -2016 GRAPHIC 0 50 100 SCALE: (IN Ii EET) 1 INCH = 100 FEET WESTOWNE POND LAND ACQUISITION "{ LAND ACQUSITION LOWES HOME CENTERS LLC OSHKOSH WESTOWNE LLC 2240 WESTOWNE AVE 1000 LOWES BLVD 300 N MAIN STSTE 300 PC: 08 -16 -16 MOORESVILLE NC 28117 -8520 OSHKOSH WI 54901 -4817 OCEAN FRONT PROPERTIES LLC 4252 S SHADY LN OSHKOSH WI 54902 -7427 OSHKOSH PRO PARTNERS 2251 WESTOWNE AVE OSHKOSH WI 54904 -7765 PJS OF DEPERE LLP 1275 GLORY RD GREEN BAY WI 54304 -5636 KT REAL ESTATE HOLDINGS LLC 1626 OAK ST - LACROSSE WI 54603 -2308 E 275.e6' i 2251 nNi •fig 0d WAD—, w _f 2200 2'1 rQ 21 ,gam flA i- e �$ 2 a 8.36' 91AT _ A "o n A 22J l y \ _ 1 in = 0.02 mi ..V 5 <_ ,. r= tin =90ft ;. _._.v- The City of Oshkosh creates and maintains GIS maps and data for its awn use. They may shad the Iv approximate re!adve location of property, boundaries and other feature from a variety of sources. printin Date: 712912016 O1 These map(sydatasets are provided for information purposes oniy and may not be sufficient or 9 nc{- ��cL, appropriate for legal, engineering, o surveying purposes, They are prodded 'AS-IS' without prepared by: City of Oshkosh, W) Oshkosh s j warranties of any find and the City of Oshkosh assumes no Gab tity for use or misuse. J:1GIS1Plann'ngtPlen Commission sae Plan map Template Nn Commssen Site Plan Mao Temalale.mad i The City of Oshkosh creates and maintains GIS maps and data for its avn use. They may shag the approximate relative location of property, boundaries and other feature from a variety of sources. These map(sydatasets are provided for information purposes only and may not be suffident or appropdate for legal, engineering, or surveying purposes. They are provided 'AS -IS' without warranties of any land and the City of Oshkosh assumes no rlabiity, for use cr misuse. Comm" sw Site flan Map Template,mxd t if) = 0.19mi 1 in =1,000 R Printing Date: 7/2912016 Prepared by: City of Oshkosh, WI w of Oshkosh 1 tear Ya:ah 1in= 0.01mi 1 in =60ft The City of Oshkosh 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. Printing Date: 7/29/2016 These map(s) /datasets 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 Prepared by: City of Oshkosh, WI warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. Oshkosh