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Home My WebLink About01. 21-560NOVEMBER 23, 2021 21-560 RESOLUTION (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE FINAL RESOLUTION FOR PARTIAL RIGHT-OF-WAY VACATION OF THE WEST SIDE OF SOUTH MAIN STREET BETWEEN WEST 8TH AND WEST 9TH AVENUES 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 October 12, 2021 at a regular meeting of the Common Council for a partial right-of-way vacation of the west side of South Main Street between West 8th and West 9th Avenues, 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 in the Council Chambers in the City Hall, City of Oshkosh, Winnebago County, on the 23rd day of November, 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 3rd 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 South Main Street as described in “Exhibit A” in the 3rd Ward, City of Oshkosh, Winnebago County, Wisconsin, is hereby vacated and discontinued; NOVEMBER 23, 2021 21- 560 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. EXHIBIT A DESCRIPTION FOR PART OF THE WEST SIDE OF SOUTH MAIN STREET BETWEEN WEST 8TH AND WEST 9TH AVENUES: A PORTION OF SOUTH MAIN STREET AS DEDICATED IN VOLUME 1, CERTIFIED SURVEY MAPS, PAGE 6242 (DOCUMENT NUMBER 1475152), WINNEBAGO COUNTY RECORDS, SAID MAP BEING PART OF BLOCK 10 OF THE PLAT OF ORIGINAL THIRD WARD, LOCATED IN PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 24, T18N-R16E, THIRD WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF VOLUME 1, CERTIFIED SURVEY MAPS, PAGE 6242, WINNEBAGO COUNTY RECORDS, SAID POINT BEING THE INTERSECTION OF THE SOUTH 30 FOOT RIGHT OF WAY OF WEST 8TH AVENUE AND THE WEST 30 FOOT RIGHT OF WAY OF SOUTH MAIN STREET; THENCE S00°00’18”E, 77.04 FEET ALONG THE EAST LINE OF SAID MAP TO THE POINT OF BEGINNING; THENCE CONTINUING S00°00’18”E, 12.10 FEET ALONG SAID LINE TO THE NORTHEAST CORNER OF LOT 2 OF SAID MAP; THENCE S89°59’42”W, 10.00 FEET ALONG SAID LOT; THENCE N00°00’18”W, 22.10 FEET ALONG SAID LOT; THENCE S45°00’18”E, 14.14 FEET TO THE POINT OF BEGINNING. RIGHT-OF-WAY TO BE VACATED CONTAINS 171 SQ. FT., MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. 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: November 18, 2021 RE: Approve Final Resolution for Partial Right-of-Way Vacation of the West Side of South Main Street between West 8th and West 9th Avenues BACKGROUND The petitioner is requesting the vacation of a small, 172 square foot section of the west side of South Main Street between West 8th and West 9th Avenues. The area in this request involves approximately 172 square feet of right-of-way that was dedicated as part of Certified Survey Map number 6242 in 2008. The subject area is located immediately north of the Miles Kimball Building. The petitioner is in the process of receiving final approvals to renovate the building for residential use. The site is located within the Sawdust District, an area targeted for revitalization with a mix of new and rehabilitation projects to attract commercial and residential developments. The surrounding area has a variety of uses including commercial and low to high-density residential developments. There are also numerous properties that have been acquired by the City of Oshkosh Redevelopment Authority which have been cleared and prepped for potential developments. ANALYSIS The proposed vacation is an irregular-shaped, approximately 12 feet wide by 22 feet long segment of the S. Main Street right-of-way. A ten-foot wide section of right-of-way was dedicated in 2008 to partially get a 40’ wide section of South Main Street, however, the building’s location prevented the whole block to be widened. The land with this vacation will revert back to the petitioner’s property as that where the land for the 2008 dedication originated. The vacation is being requested to accommodate proposed improvements to the Miles Kimball building. This is related to façade improvements and the entrance on the north side of the building which cannot be constructed without encroaching into the existing right-of-way. The Public Works Department has reviewed this request and supports the vacation. There are no city utilities or facilities located with the proposed vacation area. According to utility plans submitted for the site’s rehabilitation, there are no private utilities such as Wisconsin Public Service or AT&T within the proposed vacation area. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us Staff supports the right-of-way vacation request as proposed. The vacation will not adversely affect future city plans in the area. Additionally, this right-of-way vacation will provide the area needed for the proposed renovation of the Miles Kimball Building. RECOMMENDATION The Plan Commission recommended approval of the partial right-of-way vacation as requested on October 5, 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 S. MAIN STREET, WEST SIDE BETWEEN W. 8TH AND 9TH AVENUES Plan Commission meeting of October 5, 2021. GENERAL INFORMATION Petitioner: Bridgeview Holdings, LLC Property Owner: City of Oshkosh Actions Requested: The petitioner is requesting the vacation of a small, 172 square foot section of the west side of S. Main Street between W. 8th and W. 9th Avenues. 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 171 square feet of right-of-way that was dedicated as part of Certified Survey Map number 6242 in 2008. The subject area is located immediately north of the Miles Kimball Building. The petitioner is in the process of receiving final approvals to renovate the building for residential use. The site is located within the Sawdust District, an area targeted for revitalization with a mix of new and rehabilitation projects to attract commercial and residential developments. The surrounding area has a variety of uses including commercial and low to high- density residential developments. There are also numerous properties that have been acquired by the Oshkosh Redevelopment Authority which have been cleared and prepped for potential developments. Subject Site Existing Land Use Zoning Public Right-of-Way – Unpaved Central Mixed-Use with Planned Development Overlay (CMU-PD) Item I – Partial S Main Street ROW Vacation, west side between 8th & 9th Avenues 2 Adjacent Land Use and Zoning Existing Uses Zoning North Vacant Urban Mixed-Use with Planned Development Overlay (UMU-PD) South Commercial Central Mixed-Use (CMU) East Vacant Riverfront Mixed-Use (RMU) West Multi-Family Central Mixed-Use with Planned Development Overlay (CMU-PD) ANALYSIS The proposed vacation is an irregular-shaped, approximately 12 feet wide by 22 feet long segment of the S. Main Street right-of-way. A ten- foot wide section of right-of-way was dedicated in 2008 to partially get a 40’ wide section of S. Main Street, however, the building’s location prevented the whole block to be widened. The land with this vacation will revert back to the petitioner’s property as that where the land for the 2008 dedication originated. The vacation is being requested to accommodate proposed improvements to the Miles Kimball building. This is related to façade improvements and entrance on the north side of the building which cannot be constructed without encroaching into the existing right-of-way. The Public Works Department has reviewed this request and supports the vacation. There are no city utilities or facilities located with the proposed vacation area. According to utility plans submitted for the site’s rehabilitation, there are no private utilities such as Wisconsin Public Service or AT&T within the proposed vacation area. Staff supports the right-of-way vacation request as proposed. The vacation will not adversely affect future city plans in the area. Additionally, this right-of-way vacation will provide the area needed for the proposed renovation of the Miles Kimball Building. RECOMMENDATION/CONDITIONS Staff recommends approval of the partial right-of-way vacation of S. Main Street as requested. Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Mixed-Use Item I – Partial S Main Street ROW Vacation, west side between 8th & 9th Avenues 3 The Plan Commission approved of the partial right-of-way vacation as requested on October 5, 2021. The following is Plan Commission’s discussion on the item. Site Inspections Report: No commissioners reported visiting the site. Staff report accepted as part of the record. The petitioner is requesting the vacation of a small, 172 square foot section of the west side of S. Main Street between W. 8th and W. 9th Avenues. 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 an irregular-shaped, approximately 12 feet wide by 22 feet long segment of the S. Main Street right-of-way. A ten-foot wide section of right-of-way was dedicated in 2008 to partially get a 40’ wide section of S. Main Street, however, the building’s location prevented the whole block to be widened. The land with this vacation will revert back to the petitioner’s property as that where the land for the 2008 dedication originated. The vacation is being requested to accommodate proposed improvements to the Miles Kimball building. This is related to façade improvements and entrance on the north side of the building which cannot be constructed without encroaching into the existing right-of-way. The Public Works Department has reviewed this request and supports the vacation. There are no city utilities or facilities located with the proposed vacation area. According to utility plans submitted for the site’s rehabilitation, there are no private utilities such as Wisconsin Public Service or AT&T within the proposed vacation area. Staff recommends approval with the findings and conditions as listed in the staff report. Ms. Propp opened up technical questions to staff. There were no technical questions on this item. Ms. Propp 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 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. Item I – Partial S Main Street ROW Vacation, west side between 8th & 9th Avenues 4 Motion by Coulibaly to adopt the findings and recommendation as stated in the staff report. Seconded by Perry. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 8-0. STREET VACATION 8 W 9TH AVE PC: 10-05-2021 MK1 LLC 905 OREGON ST OSHKOSH, WI 54902 REDEVELOPMENT AUTH CITY OF OSHKOSH PO BOX 1130 OSHKOSH, WI 54903 31 W 9TH AVE LLC 907 S MAIN ST OSHKOSH, WI 54902 MILES KIMBALL LLC 1425 MEMORIAL DR MANITOWOC, WI 54220 S MAIN STS MAIN STW 9TH AVW 9TH AVNEBRASKA STNEBRASKA STW 7TH AVW 7TH AV W 8TH AVW 8TH AV W 10TH AVW 10TH AV E 8TH AVE 8TH AV E 9TH AVE 9TH AV E 10TH AVE 10TH AV E 7TH AVE 7TH AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 9/10/2021 1 in = 120 ft1 in = 0.02 mi¯8 W 9TH AVE8 W 9TH 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 HI TR-10 I I CMU I I CMU CMU-PD TR-10 RMU-PD-RFO UMU CMU-RFO I-PD-RFO UMU RMU RMU-RFO UMU RMU-PD-RFO UMU I-PD I I-PD I UMU-PD I RMU-PD-RFO UMU-RFO TR-10 I I CMU-PD I I UMU-PD RMU-PD-RFO I CMU UMU CMU I RMU-PD I-RFO CMU-PD-RFO I-PD-RFO RMU-PD CMU-RFO UMUUMU-PD CMU-PD RMU-PD RMU-RFO Oshkosh City LimitOshkosh City LimitOREGON STOREGON STS MAIN STS MAIN STW 9TH AVW 9TH AV CEAPE AVCEAPE AV W SOUTH PARK AVW SOUTH PARK AVJACKSON STJACKSON STW 7TH AVW 7TH AV W 6TH AVW 6TH AV W 8TH AVW 8TH AV PIONEER DRPIONEER DRNEBRASKA STNEBRASKA STW 11TH AVW 11TH AV W 10TH AVW 10TH AV W 12TH AVW 12TH AV W 14TH AVW 14TH AVMINNESOTA STMINNESOTA STOTTER AVOTTER AV BROAD STBROAD STWAUGOO AV WAUGOO AV E 10TH AVE 10TH AVSTAT E STSTATE STPPEEAARRLLAAVV E 14TH AVE 14TH AV E 11TH AVE 11TH AV E 7TH AVE 7TH AV CEAPE AVCEAPE AV BROAD STBROAD STMULTIPLE C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 9/10/2021 1 in = 500 ft1 in = 0.09 mi¯8 W 9TH AVE8 W 9TH 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: 9/10/2021 1 in = 100 ft1 in = 0.02 mi¯8 W 9TH AVE8 W 9TH 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