HomeMy WebLinkAbout09-182MAY 26, 2009
09 -182 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE FINAL RESOLUTION VACATING PORTION OF
NEBRASKA STREET RIGHT -OF -WAY AT THE NEBRASKA
STREET AND WEST 5TH AVENUE INTERSECTION
INITIATED BY: CARE PROPERTIES LLC
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common
Council has heretofore initiated proceedings on April 14, 2009 at a regular meeting of
the Common Council to vacate and discontinue a portion of Nebraska Street in the City
of Oshkosh as described below; 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 of
the City Hall, Oshkosh, Wisconsin, on the 26th day of May, 2009 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 portion of
the following described street and /or alley in the 16th Ward, City of Oshkosh,
Winnebago County, Wisconsin, is hereby vacated and discontinued, reserving unto the
City of Oshkosh and any utility affected by this Resolution, 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, 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.
MAY 26, 2009 09 -182 RESOLUTION
CONT'D
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.
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.
,
OfHKOlH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kinn
Director of Co pity Development
DATE: May 21, 2009
RE: Approve Final Resolution Vacating Portion of Nebraska Street Right -of -Way at
the Nebraska Street and West 5 Avenue Intersection (Plan Commission
Recommend Approval)
BACKGROUND /SUBJECT PROPERTY
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 Center.
ANALYSIS
Riverfront Development II, LLC, is in the process of renovating their property at 102 W. 5 t '
Avenue to a yacht club with associated amenities. Previously, sections of Nebraska Street and
W. 5 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. The vacation will not interfere with the existing
street pavement or traffic flow and has been approved by the Department of Public Works with
the retention of full utility easements within the former right -of -way.
FISCAL IMPACT
None anticipated other than the vacated property will be returned to the property tax rolls with
additional improvement value related to the parking lot
RECOMMENDATION
The Plan Commission approved of this request at its April 7, 2009 meeting.
Approved,
City Manager
ITEM: PARTIAL STREET VACATION OF WEST 5 TH AVENUE LOCATED
ADJACENT TO 102 WEST 5 T11 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.
Subject Site
Adjacent Land Use and Zoning
F '
Nl .
Public Ri ht -of -Way
C -3PD
Adjacent Land Use and Zoning
ANALYSIS
Riverfront Development II, LLC, is in the process of renovating their property at 102 W. 5 ffi
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.
F '
Nl .
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 Parking Lot)
C -3PD
ANALYSIS
Riverfront Development II, LLC, is in the process of renovating their property at 102 W. 5 ffi
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 1 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 (Item B).
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends approval of the partial West 5` 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 as requested 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
difficulty in designing an efficient parking lot. The petitioner's request will square off the corner
of the site allowing for a better parking lot design.
Item II.B. was also presented at this time as it is in conjunction with Item I.A. and Commission
members decided to vote on these items as one request.
Mr. Nau presented this item explaining that with a street vacation the area vacated is split in half
and reverts to adjacent property owners. In this case, the City is an adjacent property owner and
would retain half of the vacated right -of -way. The City has no use for the vacated right -of -way
and proposes to dispose of it to Riverfront Development.
Ms. Mattox inquired about the pedestrian right -of -way shown on the site plan where the previously
vacated Nebraska Street was located.
Mr. Nau replied that the area was for pedestrian access only and not for vehicle traffic.
Item — WSthAvVacation
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 conditions applied to Item I.A.:
1) The City retains full utility easements within the vacated right -of -way.
Seconded by Mattox. Motion carried 6 -0.
Item — WRhAvVacadon
(0
O-JHKQIH
ON THE WATER
APPLICANT INFORMATION
"PLEASE TYPE OR PRINT USING BLACK INK-
-•} ••• Pe# �tioner ;YVlarfensor�.&Eisele, Iris. (Attri:Aaron Madsen) -
Petitioner's Address: 9 377 Midway Road Cit Menasha
Telephone #: (920 ) 731 -0381
Status of Petitioner (Please Check):
Petitioner's Signature (required):
OWNER INFORMATION
City of Oshkosh
General Application
Fax: ( 920 ) 733 -8578
SUBMIT TO:
Dept. of Comrnunity Developm
215 Church Ave., P.O. Box 113
Oshkosh, WI 54901
PHONE: (920) 236 -5059
Date: 02 /23/09
State: Wl Zip: 54952
Other Contact # or Email: aeronm @martenson eisele.com
✓]Tenant O Prospective Buyer
Date: 62' x3 v
owner(s): Care Properties, LLC (Attn: Jason Lindeman) Date: 02 !23/09
Owner(s) Address PO Box 3006
Telephone #: ( ) .
Fax: ( )
Other Contact # or Email:
Ownership Status (Please Check): []Individual []Trust OPartnership(]✓ 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 PIanning Servics Division for incomplete submissions or other administrative reasons.
Property Owner's Signature:
Proposed Project Type: Resturantlravem
Current Use of Property: Industrial /Recreation seasonal storage Zoning:
Land Uses Surrounding Your Site: North: FcX R 1 Vet
.Squth:
East:
West:
TYPE OF RE UEST:
Access Control Variance
Easement
Privilege in Street (identify; — -
Other (identify) fit_-_ 1Tei:. - "�w"° - 'C' G 4
SITE INFORMATION
lVF Date: 6 ivz -3 /0
Address/Location of Proposed Project: 102 West 5th Avenue
➢ 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. oshkosh. wi. us/ Coix)nivaity_Develol)ment/Plarming.him
Staff Date Rec'd
B
City Oshkosh S tate: WI Zip: 54903 -3006
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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 W 5t 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.
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WEST 6TH AVENUE
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REFERENCE DRA WING
RIGHT —OF —WAY TO BE VACATED
WEST 1/4 CORNER
1 1 �
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I SECTION 24, T18N -R16E
t ALUMINIUM MONUMENT
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BFARAW ARE RVV ENCED 70 ?W WNNEMCO
COLWIV COOMINA7C 5Y5101 OF 1987(7997)
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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 1694 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 25 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 DECREES 04 MINUTES 00 SECONDS
EAST 19.44 FEET, TO THE POINT OF BEGINNING AND
CONTAINING 355 SQUARE FEET.
Wrtenson & ESE
G 109 West MW Street
�+ Omro, W 54963
wwwmartenson- eisele.com
P 920.685.6240 F 920,685.6340
:le, Inc.
Planning
Environmentei
Surveying
Engineering
Ardftclum
SURVEYOR'S CERTIFICATE
I hereby certlFy that I have surveyed the property as
shoen, according to ofticlal reCord4 and that the plat
above drawn Is on acmrstr and correct representation of
Said survey.
3 -3" o
V sC sln Land Surveyor ate
,WITH ;
- t /14n�CLr�le 1
`- WI
• ��s t .,� SUR� O••,T
PROJECT NO. 0- 1500 -001
FIELD BOOK PACE
FILE I500001S77?rAWAC4TI0N.DWC
INS NS7RUMENr WAS DRAFEEP Or a5L
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'RIGHT OF WAY VACATION RIVERFRONT DEVELOPMT II LLC GRANARY RESTAURANT OSHKOSH
W 5TH AV & NEBRASKA ST 55 E JACKSON BLVD 500 4620 STONEW006 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
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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 O F WAY N
This drawing is a compilation of records, data Of HKO / H
and information l in various city, county W 5TH AV & NEBRASKA S T
and state offices and and other sources affecting ON TXE WATER
the area shown and It is to be used for reference City of Oshkosh
purposes only. The City of Oshkosh Is not re-
sponsible for any Inaccuracies herein contained. Department Of
If discrepancies are found, please contact the Community Development
City of Oshkosh. Scale. 1 1 000'
Created by - dff
1 03/23/09
9
DISCLAIMER
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data
and Information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any Inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
I Crea by - dff
LAND DISPOSITION &
PARTIAL VACATION
OF RIGHT OF WAY
W 5TH AV & NEBRASKA ST
Scale: 1" = 100'
A*
N OfHOYH
. THE WATER
City of Oshkosh
Department of
Community Development
03/23/09
7U