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HomeMy WebLinkAbout09-101APRIL 14, 2009 09 -101 RESOLUTION (CARRIED PURPOSE I10111 MAN I III III :YA 6 -0 LOST LAID OVER WITHDRAWN APPROVE SETTING PUBLIC HEARING DATE TO VACATE PORTION OF NEBRASKA STREET RIGHT -OF -WAY AT THE NEBRASKA STREET AND WEST 5TH AVENUE INTERSECTION CARE PROPERTIES LLC PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, it appears that the public interest requires that that portion of the following described street or alley within the City of Oshkosh be vacated and discontinued: Being Part Of Nebraska Street Adjacent To And South Of Block 1 Of The Plat Of The Original Third Ward, In The Ninth Ward, City Of Oshkosh, Winnebago County, Per Leach's Map Of 1894 And Now In The Third Ward Of Said City Described As Follows: Commencing At The Southwest 1/4 Of Section 24 Township 18 North, Range 16 East; Thence North 00 Degrees 15 Minutes 28 Seconds West 911.37 Feet; Thence North 89 Degrees 44 Minutes 32 Seconds East 534.25 Feet, To The Intersection Of The North Line Of Vacated West 5th Avenue With The West Line Of Vacated Nebraska Street, And The Point Of Beginning; Thence South 73 Degrees 15 Minutes 50 Seconds East 22.97 Feet; Thence South 00 Degrees 04 Minutes 00 Seconds West 12.85 Feet; North 89 Degrees 56 Minutes 00 Seconds West 22.00 Feet; Thence North 00 Degrees 04 Minutes 00 Seconds East 19.44 Feet, To The Point Of Beginning And Containing 355 Square Feet. 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, May 26, 2009 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 portion of the following described street or alley within the City of Oshkosh, Winnebago County, Wisconsin, be vacated and discontinued: Being Part Of Nebraska Street Adjacent To And South Of Block 1 Of The Plat Of The Original Third Ward, In The Ninth Ward, City Of Oshkosh, Winnebago County, Per Leach's Map Of 1894 And Now In The Third Ward Of Said City Described As Follows: Commencing At The Southwest 1/4 Of Section 24 Township 18 North, Range 16 East; Thence North 00 Degrees 15 Minutes 28 Seconds West 911.37 Feet; Thence North 89 Degrees 44 Minutes 32 Seconds East 534.25 Feet, To The Intersection Of The North Line Of Vacated West 5th Avenue With The West Line Of Vacated Nebraska Street, And The Point Of Beginning; Thence South 73 Degrees 15 Minutes 50 Seconds East 22.97 Feet; Thence South 00 Degrees 04 Minutes 00 Seconds West 12.85 Feet; North 89 Degrees 56 Minutes 00 Seconds West 22.00 Feet; Thence North 00 Degrees 04 Minutes 00 Seconds East 19.44 Feet, To The Point Of Beginning And Containing 355 Square Feet. 0 O.JHK0fH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Ki ey Director of o unity Development DATE: April 9, 2009 RE: Approve Setting Public Hearing Date to Vacate Portion of Nebraska Street Right - of -Way at the Nebraska Street and West 5th Avenue Intersection BACKGROUND /SUBJECT PROPERTY The area in this request involves approximately 355 square feet of the northwest section of West 5th Avenue and Nebraska Street right -of -way. The land to be vacated is to be utilized as part of a proposed private parking area and landscape island for Sweetwater Performance Marine. ANALYSIS The owner is in the process of renovating the property at 102 West 5th Avenue to a yacht club with associated amenities. Sections of Nebraska Street and West 5th Avenue have previously been vacated resulting in an irregularly shaped parcel causing difficulty in designing an efficient parking lot. The petitioner's vacation request will square off the corner of the property allowing a better designed parking lot. The Department of Public Works does not see any issues with this request as the right -of -way is not necessary, but requires retention of full utility easements within this area. FISCAL IMPACT Minor, as the 355 square foot vacated area will now become taxable as part of the overall general property tax levied on the property. RECOMMENDATION The Plan Commission approved of this request at its April 7, 2009 meeting. Approved, City anager ITEM: PARTIAL STREET VACATION OF WEST 5 AVENUE LOCATED ADJACENT TO 102 WEST 5 AVENUE Plan Commission meeting of April 7, 2009 GENERAL INFORMATION Applicant: Martenson & Eisele, Inc. & Riverfront Development II, LLC Property Owner: City of Oshkosh Actions Requested: The applicant requests the vacation of a portion of West 5th Avenue City right -of -way. 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 355 square feet of the northwest section of W. 5th Avenue and Nebraska Street right -of -way. The land to be vacated is to be utilized as part of a proposed private parking area and landscape island for Sweetwater Performance. Subiect Site Public Right -of -Way I C -3PD I Adiacent Land Use and Zoning �� t 1 �y F" FkD F ?f ' "p. 4 � t2 (i f ^i'«:'•x.tr X`•.,k"b,.r`" fir k. ! yy � r Y ,:� _. Y North Commercial (Yacht Club ) C -3PD South Right -of -Way (Nebraska Street) C -3PD East Commercial (Sweetwater Performance Marine) C -3PD West Commercial (Yacht Club Parkin Lot ) C -3PD v ea miaix ;Jt 10 Year Land Use Recommendation Mixed Downtown 20 Year Land Use Recommendation Mixed Downtown ANALYSIS Riverfront Development II, LLC, is in the process of renovating their property at 102 W. 5" Avenue to a yacht club with associated amenities. The Council approved Planned Development showed the partial demolition of an existing storage building, with the remainder to be utilized for the yacht club. The area where the building was razed is to be incorporated into off street parking to serve the yacht club and other marina facilities. Previously, sections of Nebraska Street and W. 5 th Avenue have been vacated, resulting in an irregularly shaped parcel, causing difficulty in designing an efficient parking lot. The petitioner's vacation request will square off the corner of the property, allowing better parking lot design. Staff agrees with the petitioner in that the shape of the corner of the parcel is difficult to work with and the proposed vacation will allow a better designed parking lot, rather than working around the irregularly shaped corner. The vacation will not interfere with the existing street pavement or traffic flow. The Department of Public Works has reviewed the vacation request and does not see any issues with the vacation as the right -of -way is not needed, but requires retention of full utility easements within the former right -of -way. Whenever the City vacates a portion of right -of -way, typically half of the vacated land goes to one adjoining property and the other half goes to the opposite adjoining property. In this case however, the petitioner will receive half of the land in this vacation and the City will retain the other half, as there is no second adjoining property. To alleviate this, the City will need to dispose of the City's portion to the petitioner. REC OMMENDATIONICONDITIONS The Department of Community Development recommends approval of the partial West 5 th Avenue vacation as requested with the following conditions: 1) The City retains full utility easements within the vacated right -of -way. The.Plan Commission approved of the partial street vacation with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and explained that Riverfront Development II, LLC, is in the process of renovating their property at 102 West 5th Avenue and the previously vacated sections of Nebraska Street and West 5th Avenue have resulted in an irregularly shaped parcel causing _____ __difficnity_in_designing_an_ efficient_parkinglot -ne- p- etitionees-requesl_will square off the corner _.__ of the site allowing for a better parking lot design. Motion by Nollenberger to approve the partial street vacation of West 5th Avenue and land disposition of a portion of the vacated area located adjacent to 102 West 5th Avenue as requested with the following condition: 1) The City retains full utility easements within the vacated right -of -way. Seconded by Mattox. Motion carried 6 -0. Item — WSthAvVacation (0 0-/HKO-f H ON THE WATER City of Oshkosh General Application * *PLEASE TYPE OR PRINT USING BLACK INK ** APPLICANT INFORMATION SUBMIT TO: Dept. of Community Developmei 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236 -5059 ••} • ' Petitioner : Iris. (Atin: Aaron Madsen) a D te: 02/23109 Petitioner's Address: 1377 Midway Road City: Menasha state: Wl Zip: 54952 Telephone t (920 ) 731 -0381 Fax:( 920) 733 -8578 Other Contact # or Email: aaronm @martenson eisele.c Status of Petitioner (Please Check); Owner [representative ✓[]renant []Prospective Buyer Petitioner's Signature (required): /fieT— I// A - - _ OWNER INFORMATION - owners : are Pro pe rties, LLG (Attn. Jason "Lindeman O _ ) Date 02/23/09 Owner(s) Address: PO Box 3006 Telephone #: ( ) Fax: ( Other Contact # or Email: Ownership Status (Please Check): []Individual []Trust []Partnership ©Corporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Servic3js Division for incomplete submissions or other administrative reasons. Property Owner's Signature: TYPE. OF RE VEST• Access Control Variance Easement Privilege in Street (identify; - - - Other ( identify) SITE INFORMATION Date: b Z3 !1 Date: Address/Location of Proposed Project: 102 West 5th Avenue Proposed Project Type: Resturantlravem Current Use of Property: Industrial /Recreation Seasonal Storage Zoning: Land Uses Surrounding Your Site: North: Fox RiVE South: East: West: ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE For more information please visit the City's website at www.ci.oshkos[Lwi.us/ Community _Development /Planning.htm Staff Date Recd - V 1 a City Oshkosh S tate: WI Zi 64 903 -3006 9] Boat Yard Bar and Grill Proposed partial area of Nebraska Street to be vacated. In designing parking lot improvements for this development it became apparent that, at the northwest corner of Nebraska St. and VII 5th AV, the previous street vacations resulted in an irregular jog in the property lines. Studying the existing and proposed vehicular traffic flow it seemed logical to propose a. rounding of the this intersection. After reviewing this issue with city staff they concurred and suggested that a "privilege in street' be applied for. After further review it was recommended by staff to request a partial street vacation for this small area of right -of -way. The attached reference drawing and legal description formally depict the area to be vacated. The attached site plan denotes the proposed parking lot islands and existing lot lines and street lines. 4 - - --0 0 �IIIIII WEST 6TH AVENUE -------------------------- - - - - -- i i i i i i i i i i - fo vc� i i i i i i i i_. i s m a �u REFERENCE DRA TYING RIGHT —OF —WAY TO BE VACATED WEST 1/4 CORNER , I I t I I I i SECTION 24, T18N —R15E i ALUMINIUM MONUMENT � { I 1 Z N K ^Ie 1 <# { { a nr] Z .. ! N 89'44'32 E �_ �_, _R I S7 � BF.iRaICS WNW 717 F I Wsw 9 9 7) * CDfw7Y CDOROINtTE Sn51EM OF /997(1997) ' —' —' .' — — 534.25' N00'04'00 E 11 g), 00'04'00eW VACAT£D 1285' WEST 57.H NI 9 oo .W 2200 A NUS _ E b 7n 7 ��1 In I l In I i I _ I I S CARPE PE ROPERTIES ttc. I 501 AWN STREET I i ( { OSHK OSK 02 I JA NN SON LX05 I I I SOUTHWEST CORNER SECTION 24, T1SN —R16E I I h I . MAG NAIL LEGAL DESCRIPTION: BEING PART OF NEBRASKA STREET ADJACENT TO AND SOUTH OF BLOCK 1 OF THE PLAT OF THE ORIGINAL THIRD WARD, IN THE NINTH WARD, CITY OF OSHKOSH, WINNEBAGO CONTY, PER LEACH'S MAP OF 1894 AND NOW IN THE THIRD WARD OF SAID CITY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST 1/4 OF SECTION 24 TOWNSHIP 18 NORTH, RANGE 16 EA T HENCE NORTH 00 D EGREE S NORTH M I NUTES 9 DEGREES 1 MINUTES 32 SECONDS DS EAST 534.25 FEET, TO THE INTERSECTION OF THE NORTH LINE OF VACATED WEST 5TH AVENUE WITH THE OF VACATED NEBRASKA STREET,, AND THE POINTWOFT LINE BEGINNING: THENCE SOUTH 73 DEGREES 15 MINUTES 50 SECONDS EAST 22.97 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 00 SECONDS WEST 12.85 FEET: NORTH 89 DEGREES 56 MINUTES 00 SECONDS WEST 22.00 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 00 SECONDS EAST 19.44 FEET, TO THE POINT OF BEGINNING AND CONTAINING 355 SQUARE FEET. SURVEYOR'S CERTIFICATE I hereby certVy that I hovv surveyed the property as shorn. accardng t9 afFICIW records and Shot the µat NE dram Is nn pceurntr and correct rvpnsentotbn of sold survey. e 3 p°t sc sin Rvpls re Lund urveyor SuIrN i SUR Martenson & Eisele, Inc. Planning 109 West Mein Street Environmental . rfi Omro, WI 54963 Surveyhlg w Engineering P 920.685.6240 F 920.685.6340 ' ArcMtechee PROJECT NO. 0 -1500 -001 FIELD BOOK - PACE FRE l500001STREMAC1770N.DWC nff Y/57RUM79vr WAS DRAFTED Br DR •RIGHT OF WAY VACATION RIVERFRONT DEVELOPMT II LLC GRANARY RESTAURANT OSHKOSH W 5TH AV & NEBRASKA ST 55 E JACKSON BLVD 500 4620 STONEWOOD DR PC: 04 -07 -09 CHICAGO IL 60604 OSHKOSH WI 54902 CARE PROPERTIES LLC ATTN JASON LINDEMAN PO BOX 3006 OSHKOSH WI 54903 RE 102 W 5TH AV /501 S MAIN ST MARTENSON & EISELE INC ATTN AARON MADSEN 1377 MIDWAY RD MENASHA WI 54952 RE 50 W 6TH AV r LAND DISPOSITION & DISCLAIMER PARTIAL VACATION This map Is neither a legally recorded map nor a survey and It is not Intended to be used as one. O F RIGHT OF WAY N OIHKOlH This drawing is a compilation of records, data and information !seated in various city, Bounty W 5TH AV & NEBRASKA ST oN sh and state offices and other sources affecting the area shown and It Is to be used for reference City of Oshkosh purposes only. The City of Oshkosh is not re- Department of sponsible for any Inaccuracies herein contained. Community Development If discrepancies are found, please contact the City of Oshkosh. Scale: 1" = 100 03!23/09 Created by - dff a v U UNION E. z ID A O O z a� LO CJ W z ~ O m A A p V� w HUDSON co .. > CO (0 C z z i- z o W Z CO yq = O z 0 m ¢ Aq GS o e w 0 t � A ' g� � A�• IW R 01 AV WAS Ir �' ,� SHAW OAV . RHO yL c! � � w C 2 C �� O 1 A VE. 0 m 6T LO A� SUBJECtT SITE n E. 8T 300 0 5 400 300 200 Co E ' VE. W. 0TH A D a• 0 lie a 11TH _ 0 2TH AV C3 z � OUTH RK AV N N E. - PD C) TH AV r 0 w o R 15TH A E. E 0 EL W. t= TH AV D co co co co O w LAND DISPOSITION & DISCLAIMER PARTIAL VACATION This map Is neither a legally recorded map nor d as one. a survey and it is not intended to be O, OF RIGHT OF WAY N IHKOIH rec data This drawing is a compilation of r and information located in various city, county W 5TH AV & NEBRASKA ST ° "TME w "�` and state offices and other sources affecting City Of Oshkosh the area shown and it is to be used for reference purposes only. The City of Oshkosh Is not re- Department of sponsible for any Inaccuracies herein contained. If discrepancies are found, please contact the Community Development City of Oshkosh. Scale. 1 rr — 1000' 03!23!09 Created by - dff A U