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HomeMy WebLinkAbout09-400OCTOBER 27, 2009 09 -400 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE FINAL RESOLUTION VACATING PORTION OF RAINBOW DRIVE WEST OF PUNHOQUA STREET INITIATED BY: BRUCE & ANNE SAGER, PETITIONERS PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common Council has heretofore initiated proceedings on September 8, 2009 at a regular meeting of the Common Council to vacate and discontinue a portion of Rainbow Drive, west of Punhoqua 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 27th day of October, 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 16th 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. OCTOBER 27, 2009 09 -400 RESOLUTION CONT'D VACATE PORTION OF RAINBOW DRIVE That portion extending westerly 144 +/- feet from the west right -of -way of Punhoqua Street and abutting the south lines of Lots 181 -182 and easterly 37 feet of the south lot line of Lot 183, Algoma Addition, also abutting the north line of Lot 1, Repps Replat, all part of the NW Y4 of the SE Y4 of Section 15, Town 18 North, Range 16 East, all within the 16th Ward, City of Oshkosh, Winnebago County, Wisconsin 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. OYHKOf H ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich L" Director of Planning Services DATE: October 22, 2009 RE: Approve Final Resolution Vacating Portion of Rainbow Drive, West of Punhoqua Street (Plan Commission recommends approval) BACKGROUND /SUBJECT PROPERTY On July 16, 2009, property owners submitted a petition to the Common Council for the vacation of Rainbow Drive from Punhoqua Street west 144 feet to the street terminus. The area in this request involves approximately 8,640 square feet of right -of -way. The immediate area consists mainly of residential uses with the exception of Lakeshore Golf Course to the west and Rainbow Park to the east of the subject area. ANALYSIS The subject right -of -way was platted as a dead end to Rainbow Drive in the early 1900's, possibly with the intent to extend the street into what is now Lakeshore Municipal Golf Course, which use made that possible plan obsolete. Rainbow Drive serves one residential property on the north side of the street and the vacation of this land would result in the City no longer being responsible for maintaining the existing street serving only this one property. The Department of Public Works has reviewed the request and has no concerns with the vacation as there are no City utilities within the right -of -way. Since there may be private utilities within right -of -way, it is recommended a utility easement be placed along the whole width and depth of the proposed vacation. Upon vacation, the two adjoining property owners will receive' /2 of the right -of -way adjacent to their property. FISCAL IMPACT None anticipated other than the vacated area being added to the property tax rolls. RECOMMENDATION The Plan Commission approved of this request at its September 1, 2009 meeting. Approved, City Manager ITEM: STREET VACATION RAINBOW DRIVE WEST OF PUNHOQUA STREET Plan Commission meeting of September 1, 2009 GENERAL INFORMATION Petitioner: Owner: Actions Requested: Bruce & Anne Sager City of Oshkosh The applicant requests the vacation of Rainbow Drive from Punhoqua Street west 144 feet to the street terminus. Applicable Ordinance Provisions: WI State Stats. 66.1003 regulate the discontinuance of a public right -of -way. Property Location and Background Information: On July 16, 2009, property owners submitted a petition to the Common Council for this vacation request. The area in this request involves approximately 8,640 square feet of Rainbow Drive right -of -way located west of Punhoqua Street. The immediate area consists mainly of residential uses with exception to Lake View Golf Course to the west and Rainbow Park to the east of the subject area. Subject Site ,�, �&7,W, d Eli h� North Single-Family Residential z i R -1 South Single-Family Residential: = • .. :.: R -1 East Single-Family Residential/City Park R -1 & R -2 West Golf Course R -1 .:� 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The subject right -of -way was platted as dead end to. Rainbow Drive in the early 1900s. Plans long ago may have called for the extension of Rainbow Drive into what is now Lake View Municipal Golf Course, but development of the golf course has made that plan irrelevant. This section of Rainbow Drive serves one residential property on the north side of the street. Staff feels this request is warranted because the City would no longer be responsible for maintaining the existing street serving only one property. The best use of this land is to convey the right -of way to the two property owners. Arrangements have been made between the two owners to transfer the southern portion of the vacation to the residence to the north'to further increase their lot size. The Department of Public Works has reviewed the request and does not have any concerns with the vacation. There are no City utilities located within the street right -of -way, however, Wisconsin Public Service has electric leading to a street light on the west side of the subject site. There may also. be the presence of other private utilities; and therefore, staff will be recommending utility easement be placed along the whole width and depth of the proposed vacation. The City will also remove the existing street light since it would no longer serve a public street. Upon vacation, the two adjoining property owners will receive '/a of the right -of -way adjacent to their property. Each property will receive a 30-foot-by 144 -foot, 4,320 square foot parcel that will be attached to their property. Staff feels the right -of -way is no longer needed by the City and supports the vacation. The street serves no purpose to the general public besides the one single family residence who will benefit from the vacation by 'increased lot size. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of the street vacation with the following condition: 1. A utility easement is placed on the entire vacation area for any existing private utilities /structures. The Plan Commission approved of the street vacation as requested with conditions noted. The following is the Plan Commission's discussion on this item. Mr: Nau presented the item and reviewed the site and explained that-the only functional use of the street vacation area was driveway access to property located at 1703 Punhoqua Street. If the vacation is approved, each adjacent property owner will receive one half of the vacated area and arrangements have been made between the two owners to'transfer the southern portion of the vacation to the residence to the north to increase the lot size and make it more buildable. There is currently a street light on the west side of the site which will be removed, however staff is recommending that a utility easement be placed on the entire vacation area as there may be private utilities located on site. Bruce Sager, 1703 Punhoqua Street, stated that he would like the condition removed regarding the utility easement placement on the entire vacation area as he had plans to construct a workshop on the site. He further stated that there. were no private utilities located in the area other than the Wisconsin Public Service electric leading to the street light and that he had contacted Digger's Hotline who confirmed this information. Mr. Gohde commented that until the Wisconsin Public Service line servicing the street light is removed there are utilities located in the vacated area and after that line is removed, they would have to go back and attempt to verify that there are no private utilities located there. Mr. Fojtik inquired if once the utilities are removed, could the condition be removed as well. Item- RainbowDrSlYacalion Mr. Nau suggested that Wisconsin Public Service could release the easement once they have removed their electric line. Mr. Gohde commented that a release would also have to be obtained from Time Warner Cable and AT &T as well. Mr. Borsuk questioned if Digger's Hotline would be checking for utilities on private property at the City's request. j. Mr. Thorns commented that they would perform this service as he has had it done at his residence. Mr. McHugh stated that to his knowledge, Digger's Hotline will not locate utilities on private property at the City's request for liability reasons. Mr. Monte commented that they would locate utilities on private property but only at the. property owner's request. Mr. Nau suggested that the property owner may have to sign a waiver with Wisconsin Public Service to obtain the release of the utility easement.. Mr. Buck suggested that the condition be rephrased to state that the utility easement be retained if private utilities are present. Mr. Gohde stated that verifying if private utilities are present is quite a task to track as there are a lot more than just the entities previously mentioned such as NTD, Kentucky Datalink, etc. Mr. Borsuk inquired if he would have any thoughts: on the appropriate verbiage for the condition. Mr. Monte commented that as the current verbiage discusses existing utilities on the site, he did not feel that any change was necessary to the phrasing of the condition. There may be some delay -in construction if private utilities are found to be present and would be required to be moved or -' removed, but the current verbiage appropriately addresses the issue. Mr. Borsuk questioned if a party could build on a designated easement area. Mr. Burich responded that any construction would be subject to the removal of the utilities first, but the condition only applied to existing private utilities on the site and if it was confirmed that none existed, it would not prevent the property owner from constructing in that area. Mr. Monte stated that it would be up to the property owner, to make the necessary contacts to ensure that no private utilities were present prior to any construction on the site. Motion by Monte to approve the street vacation of Rainbow Drive west of Punhoqua Street as requested with the following conditions: 1. A utility easement is placed on the entire vacation area for any existing private utilities /structures. Seconded by Hinz. Motion carried 7 -0. hem- RafnbowDrSrVacatfon ' petrtzon'or 4 cc�i e� 2 °� r �.�o► �, Lj.� Oshkosh,, �° 0 . To the ^. 1 G o to h c ,' ( of the City of Oshkosh: The petition of the undersigned residents of said 'city respectfaily represents: That your petitioners an residents of the said city, .and that each of then asides in the street of the said city respectively written below after their names(s aN TIME WATE4 f � trr` alld Ot iRI 63 �lii.� cJ�t�C� l CI) eS l C4 t`��h �:4 57 �.; Ul`�e$ CcesS - �o ©motr O"e- a res y-�" J 46 3. �r�ce 5 er; 7ltt' r Sec'�io� �-�e 5te q�Sa. .ba�l�c�er - s ode �,a7� de, o t^b t��na- '7 .'S ou ,!,crease f �,^o,ner�y_'�Gx_I'h / code_ < •4^f:/ A- - P - n L k�AGln a l � CEMETERY _ 00 A LWU COL w SUBJECT SITE O iG 1901 0 170 1600 1500 1400 . ISTE AVE. CLA S oQ- RE CT. o0 CATH IN A I G V r .. r X: r r R' P Z a PJe VE. a - U o r D C r LM OR VE. S a � R A R A U ARTHU VE. O Roil A URE ROBI AVE... 0 TYLER VE. O m U COOLID16 AVE. M-2 L a l VE... _ Y R r a PIERCE VE.. Q t TAFT AVE. ' Q � m m •.. m � L_J m � _ X co p �� LO A PO E E. Q z -� SOUTHLAND A r -��- - i - n n DismAIMER 'VACATE P ORTION 0 This map is neither a legally recorded map nor it survey and It is not Intended to be used so one OF . RAINBO DR. This drawing Is a compilation of records, data N and,nfcnnation located In various r county W OF P U N H O Q UA ST lHKOlH ONME wA and state offices and other sources affecting the area shown and it Is to be used for reference �'ilt}I Of Oshkosh purposes only. The City of Oshkosh In not re-'. Department Of sponsiblo for any Inaccuracies herein contained If discrepancies are found, please.contactthe Community Development Cltyof Oshkosh. Scale:: ` 1 000 Created by- ate 08112109