HomeMy WebLinkAbout10-14JANUARY 26, 2010 10 -14 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE FINAL RESOLUTION VACATING PORTION OF
RIVERWAY DRIVE
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 December 8, 2009 at a regular meeting
of the Common Council to vacate and discontinue a portion of Riverway Drive 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 January, 2010 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 1 st 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 1 st 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.
JANUARY 26, 2010 10 -14 RESOLUTION
CONT'D
Part of Riverway Drive as dedicated to the public per Certified Survey Map No. 5840 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 Certified Survey Map (CSM) No. 5840 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
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.
J_ 'HK fH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: January 21, 2010
RE: Approve Final Resolution Vacating 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.
RECOMMENDATION
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 River Way 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.
Subject Site
Existin Land Use Zonin
Public Right -of -Way C -3PD
A A:--+ T anrd iTen and 7anina
Existin ' Uses
Zonin
North
Multiple Family
C -3PD
South
Commercial (under development)
C -3PD
East
Mixed Use Commercial /Residential (under
C -3PD
West
- development)
Manufacturing
M -2
Comprehensive Plan Land Use Recommendation
Land Use
10 Year Land Use Recommendation
Mixed Downtown
20 Year Land Use Recommendation
Mixed Downtown
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 ad 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 vacation of Riverway Drive 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. Thorns 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 - Riverway Dr St Vacation
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STREET VACATION
PORTION OF RIVERWAY DR
PC: 12 -01 -09
DAWES OSHKOSH LLC
300 N MAIN ST 300
OSHKOSH WI 54901 4817
RE 495 PEARL AV
CITY OF OSHKOSH -RDA
PO BOX 1130
OSHKOSH WI 54903 1130
RE JACKSON /PEARL /MARION RD LOT
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OSHKOSH WI 54903 01.04
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DISCLAIMER
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This map Is neither a legally recorded map nor
a survey and it Is not Intended to be used as one.
STREET VACATION
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O f H f H
This drawing Is compilation of records, data PORTION
and information located in various city, county
l ocated
and state offices and other sources affecting
the area shown and It is to be used for reference
O F RIVER WAY D R
ON THE WATEIR
City of Oshkosh
purposes only. The City of Oshkosh Is not re-
Department of
sponsible for any Inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
Scale. 1 1 00'
Community Development
11/18/09
Created by - dff
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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 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 discrepancies are found, please contact the
City of Oshkosh.
STREET VACATION
PORTION OF RIVERWAY DR
Scale: 1 " = 100'
C
N O.fHK0fH
A ON THE WFTER
City of Oshkosh
Department of
Community Development
11/18/09
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