HomeMy WebLinkAbout09-459DECEMBER 8, 2009 09 -459 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE SETTING PUBLIC HEARING DATE TO VACATE
PORTION OF RIVERWAY DRIVE
INITIATED BY: CITY ADMINISTRATION
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:
Part of Riverway Drive as dedicated to the Public per Certified Survey Map (CSM) No.
5712 of Winnebago County Records, City of Oshkosh, Winnebago County, Wisconsin,
bounded and described as follows: Beginning at the southeasterly corner of Riverway
Drive as shown on CSM No. 5712 of Winnebago County Records; thence
N54 0 04'05 "W 25.51 feet along the south line of Riverway Drive; thence N37 0 20'49 "E,
25.62 feet to a point on the east line of Riverway Drive; thence along the east line of
Riverway drive 39.78 feet along a curve to the left having a radius of 25.00 feet and a
chord bearing S08 0 14'04 "E, 35.71 feet to the Point of Beginning. Said vacation
contains 142.03 square feet or more or less
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, January 26, 2010 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:
Part of Riverway Drive as dedicated to the Public per Certified Survey Map (CSM) No.
5712 of Winnebago County Records, City of Oshkosh, Winnebago County, Wisconsin,
bounded and described as follows: Beginning at the southeasterly corner of Riverway
Drive as shown on CSM No. 5712 of Winnebago County Records; thence
N54 0 04'05 "W 25.51 feet along the south line of Riverway Drive; thence N37 0 20'49 "E,
25.62 feet to a point on the east line of Riverway Drive; thence along the east line of
Riverway drive 39.78 feet along a curve to the left having a radius of 25.00 feet and a
chord bearing S08 0 14'04 "E, 35.71 feet to the Point of Beginning. Said vacation
contains 142.03 square feet or more or less
O.fHKO.fH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: December 3, 2009
RE: Approve Setting Public Hearing Date to Vacate Portion of Riverway Drive (Plan
Commission Recommends Approval)
BACKGROUND
The area in this request involves approximately 142 square feet of Riverway Drive right -of -way
located in the Marion Road /Pearl Avenue Redevelopment Area. The Redevelopment Plan called
for the construction of several new streets to be built in phases (see attached map). Recent
development involving Parcels H & I from the original concept plans no longer require the
construction of an unnamed street formerly separating the two parcels. However, during
construction of Riverway Drive, right -of -way was dedicated for a turn radius for the future street
and needs to be vacated.
ANALYSIS
During construction of Riverway Drive, a small portion of right -of -way was dedicated for the
potential street to serve as a turn radius. This portion of right -of -way adversely affects the
development area by "spearing" into the site approximately 26 feet affecting the off street
parking area which would have to be redesigned to accommodate the required setbacks from
public right -of -way. This would result in the loss of parking area and create a design challenge
to work around the intrusion. Upon vacation, the City of Oshkosh Redevelopment Authority
would acquire the land which would attach to the development area. The Department of Public
Works has reviewed the request and does not have concerns with the vacation.
FISCAL IMPACT
None anticipated.
RECOMMENDATIO
The Plan Commission approved of this request at its December 1, 2009 meeting.
Approved,
City Manager
ITEM: STREET VACATION OF A PORTION OF RIVERWAY DRIVE
Plan Commission meeting of December 1, 2009
GENERAL INFORMATION
Petitioner /owner: City of Oshkosh
Actions Requested:
The City requests the vacation of a portion of Riverway Drive involving a turn radius flare located
on the east side of the street's southerly terminus.
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 142 square feet of Riverway Drive right -of -way
located in the Marion Road /Pearl Avenue Redevelopment Area. The Redevelopment Plan called
for the construction of several new streets to be built in phases (see attached map). Recent
development involving Parcels H & I from the original concept plans no longer require the
construction of an unnamed street formerly separating the two parcels. However, during
construction of Riverway Drive, right -of -way was dedicated for a turn radius for the future street
and needs to be vacated.
S ubjec t Site
Exiting Land U _ Zonin
_ _
Publ Right -of- -Way C -3PD
Adi acent Land Use and Zoning
Existin Uses
North _ Mul t iple Family
Com (u nde r devel
Zonin
C -3P
C -3P
_South
East
20 Year Land Use Recommendation
_ _
Mixed Use Commercial /Residential (under
developme
C -3PD
We
1
Manuf
M -2
Comprehensive Plan Land Use Recommendation
Land Use
1 0 Y Land Use R _
Mixe Down
20 Year Land Use Recommendation
Mix D owntown
ANALYSIS
Phase II of the Marion Road/Pearl Avenue Plan called for a potential street heading east from
Riverway Drive, then turning south to connect to Marion Road. The approval of Morton
Pharmacy, Accu -Com and the Mixed Commercial /Residential developments has made the
potential street unnecessary. However, during construction of Riverway Drive, a small portion of
right -of -way was dedicated for the potential street to serve as a turn radius. This portion of right -
of -way adversely affects the development area by "spearing" into the site approximately 26 feet.
If the right -of -way remains as is, the proposed developments' off street parking area would have to
be redesigned to accommodate the required setbacks from public right -of way. This would result
in a loss of parking area and create a design challenge to work around the intrusion.
Upon vacation, the City of Oshkosh Redevelopment Authority would acquire the land which
would attach to the development area. Staff is comfortable with this request as the right -of -way is
no longer needed and would accommodate the approved plans for the current developments.
The Department of Public Works has reviewed the request and does not have concerns with the
vacation.
RECOMMENDATION
The Department of Community Development recommends approval of the partial vacation of
Riverway Drive as requested.
The Plan Commission approved of the partial street vacation as requested. The following is the
Plan Commission's discussion on this item.
Mr. Nau presented the item and reviewed the site and a map showing the proposed street layout
and the area to be vacated.
Mr. Thoms questioned if there would be any issues with the vacation if Riverway Drive should it
be extended southwest in the future.
Mr. Nau responded that there were no issues with the vacation as utilities are not in place in that
area.
Motion by Nollenberger to approve the street vacation of a portion of Riverway Drive as
requested.
Seconded by Borsuk. !Motion carried 9 -0.
Item- Riverivay Dr St Vacation
STREET VACATION CITY OF OSHKOSH -RDA LAMICO INC
PORTION OF RIVERWAY DR PO BOX 1130 PO BOX 104
PC: 12 -01 -09 OSHKOSH WI 54903 1130 OSHKOSH WI 54903 0104
DAWES OSHKOSH LLC
300 N MAIN ST 300
OSHKOSH WI 54901 4817
RE 495 PEARL AV
RE JACKSON /PEARL /MARION RD LOT
RE 482 MARION RD
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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 compilation of records, data
STREET VACATION
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and information located in various city, county PORTION
O F R I V E R W AY D R
ON THE WATER
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-
sponsible for any Inaccuracies herein contained.
If discrepancies are found, please contact the
Department of
Community Development
City of Oshkosh.
Scale: 1" = 100'
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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 st ito 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.
Cr eated by - dff
STREET VACATION
PORTION OF RIVERWAY DR
Scale: 1 100'
0
N fHKOf H
A ON THE WATER
City of Oshkosh
Department of
Community Development
11/18/09
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