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HomeMy WebLinkAbout10. 21-262MAY 25, 2021 21-262 RESOLUTION (CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE SETTING PUBLIC HEARING DATE FOR PARTIAL RIGHT-OF-WAY VACATION OF WILSON AVENUE EAST OF ALGOMA BOULEVARD INITIATED BY: COMMUNITY DEVELOPMENT PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, it appears that that 50-foot wide by approximately 170-foot long segment of Wilson Avenue located east of Algoma Boulevard, within the City of Oshkosh be vacated and discontinued. NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Oshkosh that a hearing on the passage of the following resolution shall be held before the Common Council in the Council Chambers in the City Hall, City of Oshkosh, Winnebago County, Wisconsin, on Tuesday, July 13, 2021 at 6:00 PM of said day and the proper City officials are hereby authorized and directed to give notice of said hearing by personal service and publication of said hearing as provided by law. BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh pursuant to Section 66.1003(4) of the Wisconsin Statutes, that it is hereby declared that since the public interest requires it, that that 50-foot wide by approximately 170-foot long segment of Wilson Avenue located east of Algoma Boulevard, within the City of Oshkosh, Winnebago County, Wisconsin, be vacated and discontinued. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: May 20, 2021 RE: Approve Setting Public Hearing Date for Partial Right-Of-Way Vacation of Wilson Avenue East of Algoma Boulevard BACKGROUND The petitioner is requesting the vacation of a 50-foot wide by approximately 170-foot long segment of Wilson Avenue located east of Algoma Boulevard. Common Council must first approve setting a public hearing date for the partial right-of-way vacation before approval of the right-of-way vacation itself. The area in this request involves approximately 7,745 sq. ft. of right-of-way that was dedicated as part of the E. M. Crane’s addition to Algoma Park in 1919. Although the right-of-way was dedicated, a street was not constructed connecting to Algoma Boulevard. This street segment runs adjacent to Northside Bar and Grill at 2126 Algoma Boulevard on the south and a vacant lot to the north owned by the petitioner. The petitioner is proposing a commercial development on the vacant lot and is requesting the vacation to provide additional land area for the development. ANALYSIS The proposed vacation is a 50-foot wide by approximately 170-foot long segment of Wilson Avenue. Although a street was not constructed in the proposed vacated area, there is active City water main and storm sewer located within the right-of-way. Sanitary sewer terminates just to the east of the subject site. If the vacation is approved, the City will continue to have access rights to maintain, replace, or relocate the City facilities, as well as any private service providers that may have structures present. With this street vacation, both adjacent properties will have 25-foot wide by approximately 170 foot long area of land attached to their existing properties. With there being active utilities within the right-of-way, the land area will not developable with structures other than possible parking facilities. The vacation is designed to accommodate a future 35-foot radius cul-de-sac-bulb on the eastern side shown as an arc of a curve. If the vacation is approved, the petitioner will submit a Certified Survey Map to dedicate the remainder of the cul-de-sac bulb on the north and south sides of Wilson Avenue. Both property owners have agreed to the dedication. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us The Public Works Department has reviewed this request and supports the vacation. Connecting Wilson Avenue to Algoma Boulevard is unlikely due to not being to meet street intersection separation requirements. This segment of Algoma Boulevard is also U.S. Highway 45. From a traffic control standpoint, a limitation of connections is desirable. Public Works notes, however, that the City and any other utility facilities have the right to maintain existing utilities within the vacated right-of-way in accordance with state statutes. Staff supports the right-of-way vacation request as proposed. With there being no physical street constructed, there will be no impact on traffic. Additionally, this right-of-way vacation will provide additional area for the proposed development on the north side of Wilson Avenue. FISCAL IMPACT Approval of the right-of-way vacation should result in a minor increase in assessed property value. RECOMMENDATION The Plan Commission recommended approval of the partial right-of-way vacation as requested on May 18, 2021. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager ITEM: PARTIAL RIGHT-OF-WAY VACATION OF WILSON AVENUE EAST OF ALGOMA BOULEVARD Plan Commission meeting of May 18, 2021. GENERAL INFORMATION Applicants: TK Commercial Investments, LLC Property Owner: City of Oshkosh Actions Requested: The petitioner is requesting the vacation of a 50-foot wide by approximately 170-foot long segment of Wilson Avenue located east of Algoma Boulevard. Applicable Ordinance Provisions: WI State Stats. 66.1003 regulate the discontinuance of a public right-of-way. Property Location and Background Information: The area in this request involves approximately 7,745 sq. ft. of right-of-way that was dedicated as part of the E. M. Crane’s Addition to Algoma Park in 1919. Although the right-of-way was dedicated, a street was not constructed connecting to Algoma Boulevard. This street segment runs adjacent to Northside Bar and Grill at 2126 Algoma Boulevard on the south and a vacant lot to the north owned by the petitioner, TK Commercial Investments, LLC. The Petitioner is proposing a commercial development on the vacant lot and is requesting the vacation to provide additional land area for the development. Subject Site Existing Land Use Zoning Public Right-of-Way – Unpaved Urban Mixed-Use (UMU) Adjacent Land Use and Zoning Existing Uses Zoning North Vacant Urban Mixed-Use (UMU) South Commercial Tavern Urban Mixed-Use (UMU) East Right-of-way Urban Mixed-Use (UMU) West Institutional - Cemetery Institutional (I) Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Neighborhood Commercial Item VI – Partial Wilson Avenue ROW Vacation East of Algoma Boulevard 2 ANALYSIS The proposed vacation is a 50-foot wide by approximately 170-foot long segment of Wilson Avenue. As previously stated, a street was not constructed in the proposed vacated area. However, there is active city water main and storm sewer located within the right-of-way. Sanitary sewer terminates just to the east of the subject site. If the vacation is approved, the city will continue to have access rights to maintain, replace or relocate the city facilities, as well as any private service providers that may have structures present. With this street vacation, both adjacent properties will have 25-foot wide by approximately 170 foot long area of land attached to their existing properties. With there being active utilities within the right-of-way, the land area will not developable with structures other than possible parking facilities. The vacation is designed to accommodate a future 35-foot radius cul-de-sac-bulb on the eastern side shown as an arc of a curve. If the vacation is approved, the petitioner will submit a Certified Survey Map to dedicate the remainder of the cul-de-sac bulb on the north and south sides of Wilson Avenue. Both property owners have agreed to the dedication. The Public Works Department has reviewed this request and supports the vacation. The likely hood of connecting Wilson Avenue to Algoma Boulevard is unlikely due to not being to meet street intersection separation requirements. This segment of Algoma Boulevard is also U.S. Highway 45 where from a traffic control standpoint desires limitation of connections. Public Works notes, however, that the City and any other utility facilities have the right to maintain existing utilities within the vacated right-of-way in accordance with state statutes. Staff supports the right-of-way vacation request as proposed. With there being no physical street constructed, there will be no impact on traffic. Additionally, this right-of-way vacation will provide additional area for the proposed development on the north side of Wilson Avenue. RECOMMENDATION/CONDITIONS Staff recommends approval of the partial right-of-way vacation of Wilson Avenue east Algoma Boulevard as requested. The Plan Commission approved of the partial right-of-way vacation on May 18, 2021. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. The petitioner is requesting the vacation of a 50-foot wide by approximately 170-foot long segment of Wilson Avenue located east of Algoma Boulevard. Item VI – Partial Wilson Avenue ROW Vacation East of Algoma Boulevard 3 Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The proposed vacation is a 50-foot wide by approximately 170-foot long segment of Wilson Avenue. As previously stated, a street was not constructed in the proposed vacated area. However, there is active city water main and storm sewer located within the right-of-way. Sanitary sewer terminates just to the east of the subject site. If the vacation is approved, the city will continue to have access rights to maintain, replace or relocate the city facilities, as well as any private service providers that may have structures present. Staff recommends approval of the partial right-of-way vacation of Wilson Avenue east Algoma Boulevard as requested. Ms. Propp opened up technical questions to staff. There were no technical questions on this item. Ms. Propp asked if there were any public comments and asked if the applicant wanted to make any statements. Jarmen Walter, property owner of 2020 Wilson Ave, asked if sidewalk was going to be put in his yard. Mr. Lyons asked if there is sidewalk currently present in front of 2020 Wilson Avenue but not the vacant portion. Mr. Walter confirmed that is correct. Mr. Gierach said that as it develops that they would request it go through but it has to go through Council. Mr. Walter said that the sidewalk doesn’t connect from the neighbor to the east and doesn’t understand why they would extend it unless they are going to go all the way down Wilson Avenue. Mr. Rabe said that this falls into a similar situation with other parts of the community where there are gaps in the sidewalk and this would be an item that the Bike and Pedestrian Advisory Committee would take up and make a recommendation to Council on where they feel gaps need to be filled in. If that were the case, the entirety of the block from Hamilton to the west would get sidewalk on both sides to close that loop if that’s what the committee chooses to recommend to Council. Mr. Lyons said that it’s unlikely that only aportion of sidewalk would be requested and it would likely be the full stretch. Mr. Walter asked if he as the property owner would be responsible for the cost of this project. Mr. Gierach said that is correct. Item VI – Partial Wilson Avenue ROW Vacation East of Algoma Boulevard 4 There were no other public comments on this item. There were no public comments on this item. Ms. Propp closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Coulibaly to adopt the findings and recommendation as stated in the staff report. Seconded by Marshall. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 8-0. Page 3 Page 4 Page 5 Page 6 STREET VACATION WILSON AVE PC: 5-18-21 CATHOLIC CEMETERIES OF OSHKOSH INC 1025 W 5TH AVE OSHKOSH, WI 54902 JARMEN R/TRACY A WALTER 2020 WILSON AVE OSHKOSH, WI 54901 NORTHSIDE BAR N GRILL LLC 2002 ALGOMA BLVD OSHKOSH, WI 54901 PETER J SAMIDA 2031 WILSON AVE OSHKOSH, WI 54901 SCOTT A/LISA H HUTCHINSON 2021 WILSON AVE OSHKOSH, WI 54901 JESSE J WILLIAMS 2038 ROOSEVELT AVE OSHKOSH, WI 54901 SCRAPPYS LLC 1537 FAIRLAWN ST OSHKOSH, WI 54902 JESSE J/SAMANTHA E WILLIAMS 2038 ROOSEVELT AVE OSHKOSH, WI 54901 TK COMMERCIAL INVESTMENTS LLC 1934 ALGOMA BLVD OSHKOSH, WI 54901 Page 7 ALGOMA BLVDALGOMA BL VDHAMILTON STHAMILTON STWINCHESTER AVWINCHESTER AV WILSON AVWILSON AV ROOSEVELT AVROOSEVELT AVCLOVER STCLOVER STC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 5/6/2021 1 in = 120 ft1 in = 0.02 mi¯WILSON AVEWILSON AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 8 I SR-9 SR-5 I SR-3 SR-3 UMU I-PD UMU MR-12MR-12-PD DR-6 DR-6 UMU-PD SR-3-PD SR-5 MR-12-PD MR-20 I SR-5 SMU-PDSMU Oshkosh City LimitOshkosh City LimitAALLGGOOMMAABBLLVVDDW LINWOOD AVW LINWOOD AV W MURDOCK AVW MURDOCK AVSHERIDAN STSHERIDAN STMINERVA STMINERVA STHAMILTON STHAMILTON STCRANE STCRANE STPLYMOUTH STPLYMOUTH STCLOVER STCLOVER STWILSON AVWILSON AV ROOSEVELT AVROOSEVELT AV COLUMBIA AVCOLUMBIA AV MARQUETTE AVMARQUETTE AV HHOOLLLLIISSTTEERR AA VVVVEETTEERRAANNSS TT RR WINCHESTER AVWINCHESTER AV RR IIVV EE RR MMIILLLL RR DDWINCHESTER AVWINCHESTER AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 5/6/2021 1 in = 500 ft1 in = 0.09 mi¯WILSON AVEWILSON AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 9 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 5/6/2021 1 in = 100 ft1 in = 0.02 mi¯WILSON AVEWILSON AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 10