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HomeMy WebLinkAbout01. 21-409AUGUST 24, 2021 21-409 RESOLUTION (CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE FINAL RESOLUTION FOR PARTIAL RIGHT-OF-WAY VACATION OF WILSON AVENUE EAST OF ALGOMA BOULEVARD INITIATED BY: CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common Council has heretofore initiated proceedings on July 13, 2021 at a regular meeting of the Common Council for a partial right-of-way vacation of Wilson Avenue east of Algoma Boulevard, in the City of Oshkosh, with the partial right-of-way being vacated described in “Exhibit A”; and WHEREAS, a public hearing on the passage of such resolution has been set by the Common Council, which hearing was set for 6:00 PM Oshkosh Convention Center, 2 North Main Street, Oshkosh, Wisconsin, on the 24th day of August, 2021 and written notice of such meeting was duly served on the owners of all of the frontage of the lots and lands abutting upon that portion thereof sought to be discontinued as provided by law; and WHEREAS, a public hearing was duly held pursuant to said notice at the time and place therefore affixed and all persons so served and interested were then and there given an opportunity to be heard; and WHEREAS, the lots and lands abutting that portion of said street or alley within said City affected by this resolution are in the 28th A Ward, City of Oshkosh, the description of said street or alley heretofore set out in this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that it is hereby declared that since public interest requires it, that the part of Wilson Avenue as described in “Exhibit A” in the 28th A Ward, City of Oshkosh, Winnebago County, Wisconsin, is hereby vacated and discontinued; AUGUST 24, 2021 21- 409 RESOLUTION CONT'D BE IT FURTHER RESOLVED that the City of Oshkosh approves this partial right- of-way vacation upon the condition of reserving unto the City of Oshkosh, and any public utility affected by this Resolution, a statutory easement giving it the right to maintain, service, repair, add, replace, or install in the future, sanitary sewer, storm sewer, water main and other utility facilities in said vacated streets or alley, all as allowed by Section 66.1005(2), Wisconsin Statutes, with such easements further subject to the restriction that no improvements are allowed within the reserved area, including but not limited to, building structures, driveways, parking areas, landscaping or fences. Any improvements shall be allowed only by special exception of the Board of Public Works; BE IT FURTHER RESOLVED that the City Clerk record a certified copy of this Resolution accompanied with a map showing the location of said vacated street or alley in the Office of the Register of Deeds for Winnebago County. EXHBIT A DESCRIPTION FOR PART OF WILSON AVENUE: PART OF WILSON AVENUE AS PLATTED ON E.M. CRANE’S ADDITION 4 &5 TO ALGOMA PARK PLAT, BEING PART OF GOVERNMENT LOT 4, SECTION 10, AND PART OF NORTHWEST ¼ OF THE SOUTHWEST ¼, SECTION 11, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, CONTAINING 7,745 SQUARE FEET (0.1778 ACRES) OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 11; THENCE, ALONG THE WEST LINE OF THE SOUTHWEST ¼ OF SAID SECTION 11, N00°29’56”W, 1770.75 FEET TO A POINT ON NORTH LINE OF LOT 47 OF E.M. CRANE’S ADDITION 4 &5 TO ALGOMA PARK PLAT SAID POINT BEING THE POINT OF BEGINNING; THENCE, ALONG SAID NORTH LINE, S89°11’45”W, 98.56 FEET TO THE EASTERLY RIGHT OF WAY LINE OF ALGOMA BOULEVARD; THENCE, ALONG SAID EAST RIGHT OF WAY LINE, N19°11’50”W, 52.69 FEET TO THE SOUTH LINE OF LOT 46 OF SAID E.M. CRANE’S ADDITION 4 &5 TO ALGOMA PARK PLAT; THENCE ALONG SAID SOUTH LINE, N89°11’45”E 169.76 FEET; THENCE, 54.73 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 37.50 FEET AND A CHORD OF 50.00 FEET WHICH BEARS S00°48’15”E TO SAID NORTH LINE OF LOT 47; THENCE, ALONG SAID NORTH LINE, S89°11’45”W, 54.58 FEET TO THE POINT OF BEGINNING. 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: August 19, 2021 RE: Approve Final Resolution 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. 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 be 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. Connecting Wilson Avenue to Algoma Boulevard is unlikely due to it not being able to meet street intersection separation requirements. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us 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 John Fitzpatrick Planning Services Manager Assistant City Manager / Director of Administrative Services 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. 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 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 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 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