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HomeMy WebLinkAbout17. 19-393 JUNE 25, 2019 JULY 9, 2019 19-353 19-393 ORDINANCE FIRST READING SECOND READING (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE DELETION OF A PORTION OF OFFICIALLY MAPPED RIVERWALK SOUTH SHORE OF FOX RIVER FROM IOWA STREET TO 336 FEET EAST OF OREGON STREET INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 44E 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 deletion 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 deleting a portion of officially mapped riverwalk on the south shore of the Fox River from Iowa Street to approximately 336 feet east of Oregon Street, per the attached Exhibit A and S, thereby making revisions to the 3rd and 61h 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 B 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 and B with the 3rd and 61h 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. JUNE 25, 2019 JULY 9, 2019 19-353 19-393 ORDINANCE FIRST READING SECOND READING 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 #19-393 APPROVE DELETION OF A PORTION OF OFFICIALLY MAPPED RIVERWALK SOUTH SHORE OF FOX RIVER FROM IOWA STREET TO 336 FEET EAST OF OREGON STREET on July 9, 2019. This ordinance deletes the officially mapped portion of riverwalk along the south shore of the Fox River from Iowa Street to 339 feet east of Oregon Street. 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 OFFICIAL MAPPED RIVERWALK DELETION -OREGON STREET TO APPROXIMATELY 326 FEET EAST OF OREGON STREET PART OF LOTS 1 THROUGH 7, BLOCK 1 IN THE PLAT OF THE ORIGINAL THIRD WARD PER LEACH'S MAP OF 1894, LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE N89°49'45"E, 30.57 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION TO A POINT ON THE EAST LINE OF OREGON STREET; THENCE N00°06'25"W, 1,120.61 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING; THENCE CONTINUING N00°06'25"W, 203.79 FEET ALONG SAID EAST LINE; THENCE S85°23'51"E, 233.89 FEET; THENCE S65004'50"E, 101.08 FEET; THENCE S00003'54"E, 22.06 FEET; THENCE N65004'50"W, 106.82 FEET; THENCE N85023'51"W, 178.49 FEET; THENCE S11025'48"W, 50.00 FEET; THENCE S00006'25"E, 110.00 FEET; THENCE S62037'37"W, 45.00 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINS 13,824 SQUARE FEET OR 0.317 ACRES, MORE OR LESS. AND THE FOLLOWING: SOUTH SIDE OF FOX RIVER, OREGON ST. WEST TO IOWA ST. A RIVERWALK EASEMENT LYING WITHIN LOT 1 OF CERTIFIED SURVEY MAP NUMBER 5748, BEING A PART OF THE SE1/4 OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, NINTH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF CERTIFIED SURVEY MAP (CSM) NUMBER 5748; THENCE N01006'40"W, 384.39 FEET ALONG THE EAST LINE OF LOT 1 OF CSM NUMBER 5748, ALSO BEING THE WEST LINE OF OREGON STREET, TO THE POINT OF BEGINNING; THENCE N67028'10"W, 48.03 FEET; THENCE N01006'40"W, 148.40 FEET PARALLEL WITH THE EAST LINE OF SAID LOT 1; THENCE N83024'35"W, 207.88 FEET TO THE SOUTHEAST CORNER OF OUTLOT 1 OF CSM NUMBER 5748; THENCE N01006'40"W, 50.19 FEET ALONG THE EAST LINE OF SAID OUTLOT 1 TO THE NORTHEAST CORNER OF SAID OUTLOT 1, ALSO BEING A POINT ON SOUTHWESTERLY SHORE LINE (U.S. HARBOR LINE) OF THE FOX RIVER AS ESTABLISHED BY A GENERAL ORDINANCE OF THE CITY OF OSHKOSH PER DOCUMENT NUMBER 276204 OF THE WINNEBAGO COUNTY REGISTRY; THENCE S80034'18"E, 254.29 FEET ALONG SAID SOUTHWESTERLY SHORE LINE (U.S. HARBOR LINE), ALSO BEING THE NORTH LINE OF SAID LOT 1, TO THE NORTHEAST CORNER OF SAID LOT 1 AND THE WEST LINE OF OREGON STREET; THENCE S01006'40"E, 199.19 FEET ALONG THE EAST LINE OF SAID LOT 1 AND THE WEST LINE OF OREGON STREET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 17,781 SQUARE FEET OR 0.408 ACRES MORE OR LESS. [SW INTERSECTION OF OREGON ST. AND FOX RIVER; FROM OUTLOT 1, CSM 5748 TO OREGON ST] ALSO, ALL OF OUTLOT 1, CSM NO. 5748, RECORDED AS DOC. NO. 1361929, REGISTER OF DEEDS, 9TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. ALSO, A RIVERWALK EASEMENT LYING WITHIN LOT 1 OF CERTIFIED SURVEY MAP NUMBER 5748, BEING A PART OF THE SE1/4 OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, NINTH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE INTERSECTION OF WEST FOURTH AVENUE AND LEWIS STREET AS SHOWN ON CERTIFIED SURVEY MAP (CSM) NUMBER 5748; THENCE N01013'58"W, 30.00 FEET ALONG THE EAST LINE OF LEWIS STREET AND THE WEST LINE OF LOT 1 OF CSM NUMBER 5748;THENCE N88047'51"E, 311.18 FEET ALONG THE NORTH LINE OF AN INGRESS/EGRESS EASEMENT AS SHOWN ON CSM NUMBER 5748 TO THE POINT OF BEGINNING; THENCE N00057'50"W, 30.00 FEET; THENCE N88047'51"E, 136.29 FEET TO A POINT ON THE WEST LINE OF OUTLOT 1 OF CSM NUMBER 5748; THENCE S22042'25"W, 92.78 FEET ALONG THE WEST LINE OF SAID OUTLOT 1 TO THE SOUTHWEST CORNER OF SAID OUTLOT 1; THENCE N71024'10"W, 34.51 FEET; THENCE N27028'55"W, 48.10 FEET; THENCE S88047'51"W, 45.04 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 6,606 SQUARE FEET OR 0.152 ACRES MORE OR LESS. [FROM OUTLOT 1, CSM 5748 WESTERLY TOWARDS W. 4TH AVE.] Exhibit B ,,,—=, lekp/ NN, I Eill 444, / — •V.../4) 4 .,..,.L-s..- -- 1-7 4 0 k 4. .., _ __. ,.., 0.0•,),N 9 04, -1:':::::k:::',1:::Z::::::::.::::01;f:'!?,:i:4.'.:M:lil:::..,i:: ::::W.:: ''...-:...'::•::::'.. ..-.:,.'.i'.:„. . n'-'-'... '7'.T.-:' / Cl? 2 1::_''''CI4'1':--4-?..::+4..:'-4-='-';. :,:-,'.-i;a74V24-4"iil LL / - • -a -• '."' :.-' "": ' , ..:.:-... .;qg . :, ; I,. :.Ei!..":•. '..'.• 4::'-I. . t ''.‘ : Official 7,-,...F,-,,-..:--n-,-.L,--4-7?„4-ip.,•:-.F14.--4,----77.-:-47,,I....-10,.•-•:•,-,-- -,-- . _., ,,: ..„.,,,., „.,,,....„_:, ....„•,.::...,_ , ,,, . .. - . ,, _•_ .., , ....._ . ••- •• • • -• .__ '•-•-•,•'•,-',!:;.:'.• .::::.':.,!:Y',',R; j..i.:1,4:Y: :::::•:ii!L•:••-,7•.- •• Map . ,,,,,,...j- :_ ::-..,,, Deletion , _-_, -. • . •-- • .•:,,, _ . , . ..„. 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Those using the Printing Date:5/22/201 9 o f information are responsible for verifying accuracy. For full disdaimer ease go to Oshkosh www.cioshkosh.wi.us/GISdisclaimer Prepared by:City of Oshkosh,WI JAGISRanning\Plan Commission Site Ran Map Template,Flan Commission Site Plan Map Tomplate.inxd P ci 4fi .n-4)!•( rf Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Services Manager DATE: June 20, 2019 RE: Approve Deletion of a Portion of Officially Mapped Riverwalk South Shore of Fox River from Iowa Street to 336 Feet East of Oregon Street(Plan Commission Recommends Approval) BACKGROUND/ANALYSIS In 2006 the Common Council adopted the Fox River Corridor Riverwalk Plan to provide facilities for pedestrian and bicycle circulation, improve public access to the Fox River and encourage redevelopment of the city's riverfront. In 2008, the Common Council approved the official mapping for riverwalk along the south shore of the Fox River from Oregon Street to S. Main Street. In 2009, additional riverwalk was officially mapped from Iowa Street to Oregon Street. The mapping, which was a goal of the plan, was used as a means to ensure no development or inappropriate improvements take place within the mapped area that would interfere with the riverwalk development. Beginning in 2005, the city started construction of the riverwalk in stages, starting on the north shore of the river at the Leach Amphitheater then heading west. Over the course of several years, construction along the south shore of the river started in 2010. The south shore riverwalk construction proceeded easterly and in 2017, the segment east of Oregon Street was constructed. The city acquired the land containing the riverwalk, however, the official mapping area extends beyond the area owned by the city. The property owner approached the city to delete the official mapping from their property to avoid any hindrances the mapping may cause to redevelop the site. With the riverwalk being constructed, the official mapping on the subject property no longer serves any purpose and staff is supportive of the proposed official map deletion. FISCAL IMPACT No fiscal impact is anticipated by approved the deletion of a portion of the Officially Mapped Riverwalk as this section of the riverwalk as already been completed and an easement has been granted to cover the affected area. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us RECOMMENDATION The Plan Commission recommended approval of the deletion of the Riverwalk official mapping at its June 4, 2019 meeting. Respectfully Submitted, Approved: /egiA _,,,,,e.... _____ Mark Lyo Mark A. Rohloff Planning Services Manager City Manager City Hall,215 Church Avenue P.O. Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us =xhibit s "SRI �r � J � � ■ I I rem I ■ Ell a 2!a I I Amm 1 ITEM: DELETE PORTION OF OFFICIALLY MAPPED RIVERWALK ALONG THE SOUTH SHORE OF THE FOX RIVER FROM IOWA STREET TO APPROXIMATELY 336 FEET EAST OF OREGON STREET Plan Commission meeting of June 4, 2019 GENERAL INFORMATION Applicant: City Administration Property Owner: Morgan District, LLC Action(s) Requested: The city requests the deletion of a portion of officially mapped riverwalk along the south shoreline of the Fox River from Iowa Street to approximately 336 feet east of Oregon Street. Applicable Ordinance Provisions: NA Subject Site Existing Land Use Zoning, Riverfront Mixed-Use in Planned Development and Riverfront Overlays Vacant Land/Undeveloped (RMU-PD-RFO) Adjacent Land Use and Zoning Existing Uses Zoning North Fox River NA Central Mixed-Use (CMU) &Urban South Mixed Residential& Commercial Mixed-Use (UMU) Riverfront Mixed-Use in Planned Development and Riverfront Overlays East Commercial (RMU-PD-RFO) Riverfront Mixed-Use in Planned Low Density Residential,Vacant Development and Riverfront Overlays West Land/Undeveloped (RMU-PD-RFO) Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Center City BACKGROUND INFORMATION/ANALYSIS In 2006 the Common Council adopted the Fox River Corridor Riverwalk Plan to provide facilities for pedestrian and bicycle circulation, improve public access to the Fox River and encourage redevelopment of the city's riverfront. In 2008 the Common Council approved the official ITEM—Delete Officially Mapped Riverivalk,Morgan District mapping for riverwalk along the south shore of the Fox River from Oregon Street to S. Main Street. In 2009, additional riverwalk was officially mapped from Iowa Street to Oregon Street. The mapping, which was a goal of the plan, was used as a means to ensure no development or inappropriate improvements take place within the mapped area that would interfere with the riverwalk development. Beginning in 2005, the city started construction of the riverwalk in stages, starting on the north shore of the river at the Leach Amphitheater then heading west. Over the course of several years, riverwalk construction continued,reaching Wisconsin Street and the start of construction along the south shore of the river in 2010. The south shore riverwalk construction proceeded easterly and in 2017, the segment east of Oregon Street was constructed. The city acquired the land containing the riverwalk,however,the official mapping area extends beyond the area owned by the city. The property owner approached the city to delete the official mapping from their property to avoid any hindrances the mapping may cause to redevelop the site. With the riverwalk being constructed, the official mapping on the subject property no longer serves any purpose and staff is supportive of the proposed official map deletion. RECOMMENDATION/CONDITIONS Staff recommends approval for the deletion of the riverwalk official mapping as proposed. The Plan Commission approved of the deletion of the Riverwalk official mapping as requested. The following is the Plan Commission's discussion on this item. Site Inspections: Report: Ms. Palmeri reported visiting the site. Staff report accepted as part of the record. The city requests the deletion of a portion of officially mapped riverwalk along the south shoreline of the Fox River from Iowa Street to approximately 336 feet east of Oregon Street. Mr. Nau presented the item and reviewed the site and surrounding area. In 2006 the Common Council adopted the Fox River Corridor Riverwalk Plan to provide facilities for pedestrian and bicycle circulation,improve public access to the Fox River and encourage redevelopment of the city's riverfront. In 2008, the Common Council approved the official mapping for riverwalk along the south shore of the Fox River from Oregon Street to S. Main Street. In 2009, additional riverwalk was officially mapped from Iowa Street to Oregon Street. The mapping,which was a goal of the plan,was used as a means to ensure no development or inappropriate improvements take place within the mapped area that would interfere with the riverwalk development. Beginning in 2005, the city started construction of the riverwalk in stages, starting on the north shore of the river at the Leach Amphitheater then heading west. Over the course of several years, riverwalk construction continued, reaching Wisconsin Street and the start of construction along the south shore of the river in 2010. The south shore riverwalk construction proceeded easterly and in 2017, the segment east of Oregon Street was constructed. The city acquired the land ITEM—Delete Officially Mapped Rivenvalk,Morgan District containing the riverwalk,however, the official mapping area extends beyond the area owned by the city. The property owner approached the city to delete the official mapping from their property to avoid any hindrances the mapping may cause to redevelop the site. With the riverwalk being constructed, the official mapping on the subject property no longer serves any purpose and staff is supportive of the proposed official map deletion. Mr. Fojtik opened up technical questions to staff. Ms. Propp asked if the officially mapped areas south of the bridge would be needed if the Oregon Street bridge is rebuilt. Mr. Nau replied the city has officially mapped both sides of Oregon Street for additional right-of- way. He believes it is about 20 feet wide. Ms. Propp questioned if that would be sufficient room for the bridge depending on the configuration. Mr. Nau replied it would be. Mr. Fojtik asked for any public comments 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 public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant Motion by Hinz to adopt the findings and recommendation as stated in the staff report. Seconded by Palmeri. Mr. Fojtik asked if there was any discussion about the motion. There was no discussion on the motion. Motion carried 8-0. ITEM—Delete Officially Mapped Riverivalk,Morgan District ITEMS IV A &B -OFFICIAL MAPPING OF RIVERWALK&RIGHTS-OF-WAY N 0 FOR W. 4TH AVENUE&IOWA STREET IN THE SOUTH SHORE REDEVELOPMENT AREA W E City of Oshkosh CITY ADMINISTRATION -PETITIONER, Department of Community Development JELD-WEN WINDOWS AND DOORS -OWNER S a ' Js } z r t k t•" g, g ..f'' - N s eta Mn iff tyyyy-- rM n a � 110 y fi17 LQ LQ Cityof Oshkosh Plan Commission -October 6 2009 ° `'�� Z°° -000Q xs°`°'4 " 009 Aerial Fed z s x 0)LU Cl fi ;hry S ••}} yr W Avm —In PER LLJ • W G }B r n Nil wAll UJ ui �. 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For full disclaimer please go to Printing Date:5/22/2019 Oshkosh www.ci.oshkosh.wi.us(GlSdisclaimer Prepared by:City of Oshkosh,WI :GIS',Planning,.Plan Comniissior:Site Plan uiap TemplateiPlan Commission Site Plan Wp Te nplate.mxd „n;.ak