HomeMy WebLinkAbout02. 19-204 APRIL 9, 2019 19-204 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE OFFICIAL MAPPING FOR 30 FOOT WIDE
RIVERWALK ALONG THE NORTH SHORE OF THE FOX RIVER
AT 1005 HIGH AVENUE (AXLETECH INTERNATIONAL)
INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-
440 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE OFFICIAL MAP.
WHEREAS, a public hearing, after due and proper notice, was duly held before
the Plan Commission 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 30-440 of the Oshkosh Municipal Code pertaining to the
Official Map of the City of Oshkosh and its extraterritorial jurisdiction, is hereby
amended by officially mapping a 30 foot wide Riverwalk along the north shore of the Fox
River at 1005 High Avenue, per the attached Exhibit A, thereby making revisions to the
51h Ward official maps on file in the City of Oshkosh Public Works Department.
SECTION 2. Immediately upon these amendments to the Official Map becoming
effective, the City Clerk shall file a certified copy of this Ordinance and Exhibit A and
with the Register of Deeds for Winnebago County showing that the City has amended its
official map; and the City of Oshkosh Public Works Department shall file a copy of this
Ordinance and the attached Exhibit A with the 51h Ward official maps on file in its office,
indicating the official map of the City of Oshkosh was amended by action of the Common
Council on this date.
APRIL 9, 2019 19-204 ORDINANCE
CONT'D
SECTION 3. This Ordinance shall be in full force and effect from and after its
passage and date of publication.
SECTION 4. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #19-XXX APPROVE OFFICIAL MAPPING FOR 30 FOOT WIDE
RIVERWALK ALONG THE NORTH SHORE OF THE FOX RIVER AT 1005 HIGH
AVENUE on April 23, 2019. This ordinance officially maps a 30 foot wide Riverwalk
along the north shore of the Fix River at 1005 High Avenue. The full text of the Ordinance
may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website
at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011.
EXHIBIT A
RIVERWALK OFFICIAL MAPPING - AXLETECH PROPERTY- 1005 HIGH AVENUE
PART OF LOT 22 OF THE ASSESSOR'S AXLE PLAT RECORDED IN VOLUME 10 OF
PLATS, PAGE 38, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 14, TOWNSHIP 18 NORTH,
RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN,
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE SOUTHEASTERLY CORNER OF LOT 22 OF SAID
ASSESSOR'S AXLE PLAT; THENCE S60°4935"W, 426.97 FEET ALONG THE
SOUTHERLY LINE OF SAID LOT 22; THENCE N27°30'17"W, 66.51 FEET TO THE
POINT OF BEGINNING; THENCE S62°2943"W, 30.00 FEET; THENCE N27°30'17"W,
672.94 FEET; THENCE N59°15'10"E, 396.09 FEET; THENCE N30°4627"W, 3.00 FEET;
THENCE N59015'10"E, 15.00 FEET; THENCE S3004627"E, 33.00 FEET; THENCE
S59015'10"W, 382.75 FEET; THENCE S27030'17"E, 644.59 FEET TO THE POINT OF
BEGINNING. SAID AREA CONTAINS 31,716 SQUARE FEET OT 0.728 ACRES,
MORE OR LESS.
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information are responsible for verifying accuracy. For full disclaimer please go to C
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ITEM: PUBLIC HEARING: OFFICIAL MAPPING FOR 30 FOOT WIDE RIVERWALK
ALONG THE NORTH SHORE OF THE FOX RIVER AT 1005 HIGH AVENUE
(AXLETECH INTERNATIONAL)
Plan Commission meeting of March 19,2019
GENERAL INFORMATION
Applicant: City of Oshkosh
Owner: Axletech International,Inc.,
Action(s) Requested:
The City of Oshkosh requests approval to officially map a 30 foot wide corridor for future
riverwalk development along the north shore of the Fox River at the Axletech property, 1005
High Avenue. The proposed newly mapped riverwalk corridor would eventually replace the
existing 15 foot wide pedestrian easement that currently runs through the property and is
developed with a gravel trail.
Applicable Ordinance Provisions:
r
Section 62.23(6)(b) of the Wisconsin Statutes regulates official mapping by municipalities.
Section 2-52 of the Municipal Code and Article XII of the Zoning Ordinance designate a
function and duty of the Plan Commission to make recommendation on the establishment and
amendment to the City's Official Map.
Property Location and Background Information:
i=
The subject site consists of Axletech International's manufacturing plant which occupies
approximately 2,150 feet of the northerly shore of the Fox River. The southern 3/4 of the
property is developed with the industrial building, storage, off-street parking and a segment of
the WIOUWASH State Recreation Trail. The northerly 1/4 is undeveloped with exception of the
aforementioned WIOUWASH Trail which veers from the shoreline and cuts through the middle
of the undeveloped property.
The surrounding area consists of mostly medium to high density residential uses to the east, a
marina to the north,manufacturing to the south(south of the proposed mapping area) and the
Fox River to the west.
Subject Site
Existing Land Use Zoning
Vacant Land (proposed mapping area)/Industrial Urban Industrial with Riverfront
Overlay(UI-RFO)
Adjacent Land Use and Zoning
Existing Uses Zoning
Riverfront Mixed-Use with Riverfront
North Commercial(Marina) Overlay(RMU-RFO)
................................................................... ................................................................................ ...................................................
Institutional with Planned
South University of Wisconsin-Oshkosh
..................................................
East Multi-Family Residential . . Multi-Family Residential—20 (MR-20)
..... ...........................................
West [-Fox River N/A
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Mixed-Use
ANALYSIS
Official mapping is the process by which a municipality can designate or reserve areas for
specific public uses for future acquisition and/or development. Once officially mapped,those
areas are protected from development that may interfere with future city plans within the
officially mapped area unless otherwise authorized by the local legislative body. In Wisconsin,
municipalities may use official mapping to establish an official street network and future
streets,historic districts,parks and playgrounds,railroad right-of-way,public transit facilities
and waterways.
The Winnebago County Parks Department is currently responsible for upkeep and maintenance
of this segment of the WIOUWASH Trail. The trail currently runs along the shore for most of
the Axletech property, then heads northeasterly away from the shoreline heading through the
middle of the undeveloped portion of the property and outside of the designated easement
area. The county has budgeted to move the trail into an existing pedestrian easement owned by
the city. The easement veers east away from the river along the north side of Axletech's parking
lot up to the rear lot lines of the multi-family developments along High Avenue. The easement
then runs along the rear lot lines northwesterly towards W. New York Avenue.
Instead of relocating the trail to the existing easement area, the city would prefer to realign the
trail to the proposed mapping area which runs it parallel to the river for as long as practical
before swinging back along the Spellman marina property and to the existing trail easement.
This would require working with the property owner to release the existing easement
(removing the development restriction in that area) and obtaining an easement in the newly
mapped area. The mapping follows along an existing 20 foot wide city sanitary sewer easement
running along the shoreline which is also appears to follow an ATC easement so the mapped
area is relatively undevelopable for building development. Staff feels the proposed relocation
of the trail will heighten the recreational experience for the public by having the trail in closer
proximity to the river, similar to most of the riverwalk the city has constructed in recent years.
The Comprehensive Plan recommends the subject site suitable for mixed-use development.
Staff is of the opinion that the proposed mapping action is consistent with the Plan's
recommendation as it will provide additional public access to waterfront amenities. The city
Item—Official Mapping—Riverwalk—1005 High Avenue 2
envisions an eventual connection of this trail to the trail system currently being designed for
Lakeshore Park.
RECOMMENDATION/CONDITIONS
Planning 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 Commissions discussion on this item.
Site Inspections:Report: No commissioners reported visiting the site.
Staff report accepted as part of the record.
The City of Oshkosh requests approval to officially map a 30 foot wide corridor for future
riverwalk development along the north shore of the Fox River at the Axletech property, 1005
High Avenue. The proposed newly mapped riverwalk corridor would eventually replace the
existing 15 foot wide pedestrian easement that currently runs through the property and is
developed with a gravel trail.
Mr.Burich presented the item,reviewed the site and surrounding area. The Winnebago County
Parks Department is currently responsible for upkeep and maintenance of this segment of the
WIOUWASH Trail. The trail currently runs along the shore for most of the Axletech property,
then heads northeasterly away from the shoreline heading through the middle of the
undeveloped portion of the property and outside of the designated easement area. The county
has budgeted to move the trail into an existing pedestrian easement owned by the city. Instead
of relocating the trail to the existing easement area,the city would prefer to realign the trail to
the proposed mapping area which runs it parallel to the river for as long as practical before
swinging back along the Spellman marina property and to the existing trail easement. This
would require working with the property owner to release the existing easement and obtaining
an easement in the newly mapped area. The mapping follows along an existing 20 foot wide
city sanitary sewer easement running along the shoreline which is also appears to follow an
ATC easement so the mapped area is relatively undevelopable for building development. Staff
is of the opinion that the proposed mapping action is consistent with the Plan's
recommendation as it will provide additional public access to waterfront amenities. The city
envisions an eventual connection of this trail to the trail system currently being designed for
Lakeshore Park.
Mr. Fojtik opened up technical questions to staff.
Mr.Hinz asked if the land to the south was already mapped for the riverwalk.
Mr.Burich replied there is an existing easement for the riverwalk that runs down to Wisconsin
Street.
Mr.Mott inquired about the rest of the property.
Item—Official Mapping—Rivenualk—1005 High Avenue 3
Mr.Burich stated the entire parcel is owned by Axletech. He said at one time there was
discussion about dividing the land.
Mr. Fojtik asked if the rest of the site would need remediation.
Mr.Burich replied it is unknown.
Mr. Fojtik opened up the public hearing and asked if the applicant wanted to make any
statements.
There were no statements from the applicant
There were no public comments on this item.
Mr.Fojtik closed the public hearing and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant
Motion by Vajgrt to adopt the findings and recommendation as stated in the staff report.
Seconded by Mott.
Mr. Fojtik asked if there was any discussion about the motion.
There was no discussion on the motion.
Motion carried 9-0.
Item—Official Mapping—Rivenualk—1005 High Avenue 4
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information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:3/4/2019S� S
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the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date:3/4/2019 "`C�?
information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh
www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI
J:IGISIPlanning\Plan Commission Site Plan Map TemplateRan Commission Site Plan Map Template.mxd User:minak