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Home My WebLink About01. 22-249JUNE 28, 2022 22-249 RESOLUTION (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE FINAL RESOLUTION FOR PARTIAL RIGHT-OF-WAY VACATION FOR THE PORTION OF EAST 8TH AVENUE ON THE EAST SIDE OF SOUTH MAIN STREET 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 May 10, 2022 at a regular meeting of the Common Council for a partial right-of-way vacation for the portion of East 8th Avenue on the east side of South Main Street, 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 28th day of June 2022, 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 between blocks 12 and 13 of the plat of the original 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 East 8th Avenue as described in “Exhibit A” in the 28th A Ward, City of Oshkosh, JUNE 28, 2022 22-249 RESOLUTION CONT'D Winnebago County, Wisconsin, is hereby vacated and discontinued; 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. 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: June 23, 2022 RE: Approve Final Resolution for Partial Right-of-Way Vacation for the Portion of East 8th Avenue on the East Side of South Main Street BACKGROUND The Department of Community Development is requesting the vacation of most of East 8th Avenue, located east of South Main Street, between Blocks 12 and 13 of the plat of the original third ward. The area in this request involves approximately 640-foot by 60-foot, 38,400 (0.882 acre) portion of East 8th Avenue located on the east side of South Main Street. 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 Redevelopment Authority which have been cleared and prepared for potential developments. ANALYSIS This request will vacate almost the entire length of the East 8th Avenue right-of-way with the exception of the westernmost 20 linear feet. The western portion is to remain right-of-way as the east right-of-way of South Main Street is planned to be widened by 20 feet later this year. The land with this vacation will be divided by the centerline of East 8th Avenue and attached to the adjacent lots to the north and south. The vacation is being requested to accommodate T. Wall’s Mill on Main mixed use development currently under staff review. The Public Works Department has reviewed this request and supports the vacation. There are, however, an active City water main, a 42-inch sanitary sewer interceptor, and storm sewer present within the right-of-way. By statute, the City does have the right to access the vacated area to maintain, repair, or replace the existing facilities. Due to the size and importance of the sanitary interceptor, the City will be placing a municipal utility easement over the vacated area as a cautionary measure which will impose additional restrictions to what kind of activities can occur in the 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 area needed for the proposed Mill on Main project. FISCAL IMPACT Approval of the right-of-way vacation in conjunction with the redevelopment of the area should result in an increase in assessed property value. RECOMMENDATION The Plan Commission recommended approval of the partial right-of-way vacation as requested on May 3, 2022. 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 EXHBIT A DESCRIPTION FOR PARTIAL VACATION OF EAST 8TH AVENUE: BEING PART OF E. 8TH AVENUE LOCATED BETWEEN BLOCKS 12 AND 13 OF THE PLAT OF THE ORIGINAL 3RD WARD OF THE CITY OF OSHKOSH, LOCATED IN THE SOUTHWEST ¼ OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE SOUTHWEST CORNER OF SECTION 24; THENCE N89°51’26”E, 1,181.07 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF SECTION 24 TO THE SOUTHERLY EXTENSION OF THE WEST LINE OF BLOCK 13 IN THE PLAT OF THE ORIGINAL 3RD WARD OF THE CITY OF OSHKOSH; THENCE N00°01’13”E, 191.34 FEET ALONG SAID EXTENDED WEST LINE AND WEST LINE OF BLOCK 13 TO THE NORTHWEST CORNER OF BLOCK 13 ALSO BEING THE SOUTHEAST CORNER OF S. MAIN STREET AND E. 8TH AVENUE; THENCE S89°19’08”E, 20.00 FEET ALONG THE SOUTH LINE OF E. 8TH AVENUE AND THE POINT OF BEGINNING; THENCE CONTINUING S89°19’08”E, 641.31 FEET ALONG SAID SOUTH LINE TO THE NORTHWEST CORNER OF BLOCK 14 IN THE PLAT OF THE ORIGINAL 3RD WARD OF THE CITY OF OSHKOSH; THENCE N00°31’55”E, 60.00 FEET TO THE NORTHEAST CORNER OF E. 8TH AVENUE; THENCE N89°19’08”W, 641.84 FEET ALONG THE NORTH LINE OF E. 8TH AVENUE; THENCE S00°01’36”W, 60.00 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINS 38,494 SQUARE FEET OR 0.884 ACRES, MORE OR LESS. 615 600 900 605 607 603 601 901 905 907 913 915 S MAIN ST E 8TH AV E 9TH AV PIONEER DR E 7TH AV 24-18-16-SESW 24-18-16-SWSW 25-18-16-NENW 25-18-16-NWNW 9 3 9876543 1 2 1 1 4 876 1 543 95276438 5 11 2 1210 1 611 1 11 13 12 24 14 17 20181915161213 15 1817 222021161914 23 10 21 78 10 11 10 9 22 10 13 14 15 16 17 18 19 20 21 22 23 24 23 24 24 23 11 10 21 22 101121 20 22 2 9 11 13 10 22 13 17 12 11 8 14 18 VACATED INDIANA ST VACATED INDIANA ST VACATEDE 7TH AVE VACATED E 9TH AVE VACATED E 8TH AVE VACATEDINDIANA ST VACATEDE 7TH AVE L:\GIS_Production\Land_Information\Parcel Editing SDE Map.mxd User: jeffn Prepared by: City of Oshkosh, WI Printing Date: 6/22/2022 1 in = 100 ft1 in = 0.02 mi¯P a r t i a l V a ca t i on o f E . 8 th Av e n u ePartial Va c a ti o n o f E. 8 t h A v e nu e The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show theapproximate relative location of property, boundaries and other feature from a variety of sources.These map(s)/datasets are provided for information purposes only and may not be sufficient orappropriate for legal, engineering, or surveying purposes. They are provided “AS-IS” withoutwarranties of any kind and the City of Oshkosh assumes no liability for use or misuse. L1 +U ! !! !! ! L2 L3 L4 L5 L6 L7 SW CORNERSECTION24-18-16 L1 - N89°51’26”E, 1,181.07'L2 - N00°01’13”E, 191.34'L3 - S89°19’08”E, 20.00'L4 - S89°19’08”E, 641.31'L5 - N00°31’55”E, 60.00'L6 - N89°19’08”W, 641.84'L7 - S00°01’36”W, 60.00' ITEM: PARTIAL RIGHT-OF-WAY VACATION E. 8TH AVENUE Plan Commission meeting of May 3, 2022. GENERAL INFORMATION Petitioner: Department of Community Development Property Owner: City of Oshkosh Actions Requested: The Department of Community Development is requesting the vacation of most of E. 8th Avenue, located east of S. Main Street, between Blocks 12 and 13 of the Plat of the Original Third Ward. 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 640-foot by 60-foot, 38,400 (0.882 acre) portion of E. 8th Avenue located on the east side of S. Main Street. 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 Riverfront Mixed Use with Planned Development Overlay (RMU-PD) Adjacent Land Use and Zoning Existing Uses Zoning North Vacant Riverfront Mixed Use with Planned Development Overlay (RMU-PD) Proposed Vacation Item I – Partial E. 8th Avenue ROW Vacation 2 South Vacant Riverfront Mixed Use with Planned Development Overlay (RMU-PD) East Vacant Riverfront Mixed Use with Planned Development Overlay (RMU-PD) West N/A N/A ANALYSIS This request will vacate almost the entire length of the E. 8th Avenue right-of-way with exception of the westernmost 20 linear feet. The western portion is to remain right-of-way as the east right- of-way of S. Main Street is planned to be widened by 20 feet later this year. The land with this vacation will be divided by the centerline of E. 8th Avenue and attached to the adjacent lots to the north and south. The vacation is being requested to accommodate T. Wall’s Mill on Main mixed use development currently under staff review. The vacated area will serve as a private drive to access the site, leading to internal parking facilities for the residential and commercial uses. The Public Works Department has reviewed this request and supports the vacation. There are, however, active City water main, a 42-inch sanitary sewer interceptor and storm sewer present within the right-of-way. By statute, the City does have the right to access the vacated area to maintain, repair or replace the existing facilities. Once the site is developed, the water main and storm sewer will become private servicing the T. Wall development. The City will retain ownership of the sanitary interceptor. Due to the size and importance of the sanitary interceptor, the City will be placing a municipal utility easement over the vacated area as a cautionary measure which will impose additional restrictions to what kind of activities can occur in the area. The easement will be included on an upcoming Certified Survey Map. 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 area needed for the proposed Mill on Main project. Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Center City Item I – Partial E. 8th Avenue ROW Vacation 3 RECOMMENDATION/CONDITIONS Staff recommends approval of the partial right-of-way vacation of E. 8th Avenue as requested. The Plan Commission recommended approval of the partial right-of-way vacation on May 3, 2022. The following is their discussion on the item. Site Inspections Report: Ms. Davey reported visiting the site. Staff report accepted as part of the record. The Department of Community Development is requesting the vacation of most of E. 8th Avenue, located east of S. Main Street, between Blocks 12 and 13 of the Plat of the Original Third Ward. 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 area in this request involves approximately 640-foot by 60-foot, 38,400 (0.882 acre) portion of E. 8th Avenue located on the east side of S. Main Street. 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. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Kiefer asked if there is any work needed to be done on the sanitary sewer, would the restoration of the space for the future development be on the city’s dime. Mr. Gierach said it would be worked out through the easement documents about who’s going to pay for what once they have the finals plans in place. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. There were no public comments on this item. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Mitchell to adopt the findings and recommendation as stated in the staff report. Seconded by Marshall. Item I – Partial E. 8th Avenue ROW Vacation 4 Mr. Perry asked if there was any discussion on the motion. Motion carried 9-0. 25 9 46 52 562420 923 615 17 600 900 920 36 172531 14 18 20A 605 607 603A 603 601 501 901 905905A 907A 907 9291622 17A 500 901A 605A 275 824 826 832 834 844 846 852 854 901B 913 915 607A 8 E 7TH AV W 6TH AV W 7TH AV W 8TH AV E 9TH AV PIONEER DRS MAIN ST S MAIN ST BRIDGE W 9TH AV H:\jeffn\Planning Base Map - Jeff 2021.mxd User: jeffn E. 8th Av e. Vacation City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 4/11/2022 1 in = 150 ft1 in = 0.03 mi¯ 100 0 10050 Feet Prepared by: City of Oshkosh, WI S MAIN ST S MAIN ST W 9TH AVW 9TH AV E 9TH AVE 9TH AV PIONEER DR PIONEER DR E 7TH AVE 7TH AVW 7TH AVW 7TH AV W 6TH AVW 6TH AV W 8TH AVW 8TH AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/11/2022 1 in = 120 ft1 in = 0.02 mi¯EAST 8TH AVEEAST 8TH 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 TR-10 I CMU I CMU RMU-PD CMU-PD CMU-RFO UMU I-PD-RFO UMU I RMU-PD-RFO I HI UMU UMU RMU-PD-RFO UMU-RFO I I-PD I I-PD I I TR-10 I I CMU-PD UMU-PD I I-PD I UMU-PD UMU-PD RMU-PD-RFO I RMU-PD-RFO CMU RMU-PD UMU CMU UMU RMU-PD I-RFO CMU-PD-RFO RMU-PD CMU-RFO RMU-RFO I-PD-RFO CMU-PD CMU Oshkosh City Limit Oshkosh City Limit OREGON ST OREGON ST S MAIN ST S MAIN ST CEAPE AVCEAPE AV W 9TH AVW 9TH AV W SOUTH PARK AVW SOUTH PARK AV BAY ST BAY ST OTTER AVOTTER AV PPIIOONNEEEERRDDRR NEBRASKA ST NEBRASKA ST WAUGOO AV WAUGOO AV W 7TH AVW 7TH AV W 6TH AVW 6TH AV W 8TH AVW 8TH AV BROAD ST BROAD ST W 11TH AVW 11TH AV W 10TH AVW 10TH AV W 12TH AVW 12TH AV W 14TH AVW 14TH AV E 10TH AVE 10TH AV COURT ST COURT ST STATE ST STATE ST PPEEAARRLLAAVV POPLAR AVPOPLAR AV E 9TH AVE 9TH AV BAY SHORE DR BAY SHORE DR SCHOOL AVSCHOOL AV E 11TH AVE 11TH AV E 7TH AVE 7TH AV CEAPE AVCEAPE AV BBRROOAADDSSTT MULTIPLE C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/11/2022 1 in = 500 ft1 in = 0.09 mi¯EAST 8TH AVEEAST 8TH 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: 4/11/2022 1 in = 100 ft1 in = 0.02 mi¯EAST 8TH AVEEAST 8TH 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