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HomeMy WebLinkAbout11-38FEBRUARY 8, 2011 11 -38 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE DEDICATION OF STREET RIGHT -OF -WAY FOR PEARL AVENUE, SOUTH SIDE, BETWEEN OSCEOLA STREET AND WISCONSIN STREET INITIATED BY: UW- OSHKOSH & CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby accepts right -of -way for Pearl Avenue, south side, between Osceola Street and Wisconsin Street, per the attached. O.IHKO.IH ON THE WPTER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: February 3, 2011 RE: Approve Dedication of Street Right -of -Way for Pearl Avenue, South Side, between Osceola Street and Wisconsin Street (Plan Commission Recommends Approval) BACKGROUND As part of its Campus Master Plan, the University has identified Pearl Avenue as the primary north- south route through campus. The City's Comprehensive Plan included the University's Master Plan because of the broader land use and transportation implications that require City approval such as street dedications /vacations /reconstruction, zone changes, site plan approvals, etc. An approved Master Plan allows the community to anticipate and prepare for planned changes at the University and allows the University to move forward with implementing its plans with the assumption that there will be some receptivity by the City due to its inclusion in the City's Comprehensive Plan. ANALYSIS The University is offering to dedicate private property located on the south side of the 600 block of Pearl Avenue for local /municipal right -of -way /street use with the purpose of providing additional area of right -of -way to facilitate future reconstruction/redesign of Pearl Avenue to a four lane divided boulevard. The area is approximately 14,600 square feet and is tapered to line up with existing right - of -way. The Department of Public Works has identified this area as needed to have a consistent 105 foot wide right -of -way necessary to construct the potential boulevard in the future. In conjunction with and dependent on the right -of -way dedication, a privilege in the street is being requested to allow the existing University parking facility to continue to be located within the newly dedicated right -of -way until such a time that the City is ready to construct the roadway or the parking lot is in need of reconstruction. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its February 1, 2011 meeting. Approved, City Manager ITEM: A. RIGHT -OF -WAY DEDICATION ON THE SOUTH SIDE OF THE 600 BLOCK PEARL AVENUE BETWEEN OSCEOLA STREET AND WISCONSIN STREET B. PRIVILEGE IN THE STREET TO ALLOW THE EXISTING PARKING FACILITY TO BE OPERATED WITHIN THE RIGHT -OF -WAY Plan Commission meeting of February 1, 2011 GENERAL INFORMATION Applicant /Owner: University of Wisconsin Board of Regents (UW- Oshkosh) Action(s) Requested: The University of Wisconsin Oshkosh (UWO) is making two requests in order to provide sufficient right -of -way area for the creation of Pearl Avenue as a future by -pass. The first action is to dedicate property located on the south side of the 600 block Pearl Avenue for right -of -way use. The second action is a request to allow the existing parking facility to continue to be located within the newly dedicated right -of -way. Applicable Ordinance Provisions: N/A but any location of a non -city or public utility use in city right -of -way requires the issuance of a privilege in street permit. Background Information: As part of its Campus Master Plan, the University has identified Pearl Avenue as the primary north -south route through campus. The City's Comprehensive Plan included the University's Master Plan map. According to the Comprehensive Plan (Transportation Element, page 88): "The UWO Campus Master Plan, originally prepared in 1998 and updated in 2003, outlines the future plans of the campus. Given UWO's location to the west of the Central City, the size of the campus, and it being one of the larger non - manufacturing employers in the city, the campus master plan plays a major role in the City's planning efforts and should strive to be consistent as possible with each other. The Campus Master Plan includes two main sections: a Long -Range Master Plan and a Phase I Master Plan. The key component of the Long -Range Plan is the rerouting of Algoma Boulevard and High Avenue around the west side of the campus via a Pearl Avenue extended boulevard. The goal of this rerouting plan is to make the campus more pedestrian - friendly by shifting the traffic away from the central portion of the campus. The Phase I plan includes short-term recommendations for accomplishing the long -range plans." The University's Master Plan was included in the City's Comprehensive Plan because of the broader land use and transportation implications that require City approval such as street dedications, street vacations, street reconstruction, zone changes, site plan approvals, etc. The benefit of having an approved Campus Master Plan allows the community to anticipate and prepare for planned changes at the University. Conversely it allows the University to move forward with implementing its plans with the assumption that there will be some receptivity by the City due to it's inclusion in the City's Comprehensive Plan. ANALYSIS A. Dedication of Street Right -of -Way. The University of Wisconsin Oshkosh is offering to dedicate private property located on the south side of the 600 block Pearl Avenue for local /municipal right -of -way /street use. The purpose for the street dedication is to provide additional area of right -of -way to facilitate future reconstruction/redesign of Pearl Avenue to a four lane divided boulevard, as indicated in the UWO Campus Master Plan and the City of Oshkosh Comprehensive Plan. The area included in the dedication is approximately 14,600 square feet (45 feet wide at Osceola tapering to line up with existing right -of -way approximately 430 feet west). It was identified by the City's Department of Public Works as area needed to have a consistent 105 foot wide right -of- way through the block which is necessary to construct a potential four lane divided boulevard in the future. B. Privilege in the Right -of -Way. In conjunction with and dependent on the right -of -way dedication, a privilege in the street is being requested to allow the existing University parking facility to continue to be located within the newly dedicated right -of -way until such time that the City is ready to construct the roadway or until such time that the parking lot is in need of reconstruction. RECOMMENDATION /CONDITIONS A. Right -of -Way Dedication. Staff recommends approval of the right -of -way dedication as requested B. Privilege in the Right -of -Way. Staff recommends approval of a privilege in the right -of -way to allow the existing parking facility improvements within the street right -of -way with the following conditions: 1) Any problem that may arise as a result from the privilege be the responsibility of the petitioner /owner to correct in coordination with the City. 2) The parking facilities shall be modified or removed immediately upon the request of the City. 3) The petitioner /owner secures and submits to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. 4) It is the responsibility of the petitioner /owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street within ten (10) days of notice. 5) The petitioner /owner execute a hold harmless agreement with the City. The Plan Commission approved of the right -of -way dedication and the privilege in the right -of- way as requested with conditions noted. The following is the Plan Commission's discussion on this item. ITEM — 600 Block Pearl Street Ded & PrivInROW Mr. Buck presented the item and reviewed the site and surrounding area. He also explained the reasoning for the dedication and privilege in street request and reviewed the subject site area. Mr. Thoms questioned why we are considering this action at this time. Mr. Burich responded that the requests were integrated into a land disposition to the University and the City desires to get the matter resolved in advance of said disposition. He referred to the University's Master Plan which depicts Pearl Avenue as a four -lane boulevard and stated that addressing this issue now would alleviate bringing the item to the Plan Commission and Common Council at a later date for approval. Mr. Thoms then inquired if the University would continue to maintain the dedicated area as long as the parking lot continues to exist on the site. Mr. Burich responded affirmatively. Motion by Vajgrt to approve the right -of- -way dedication and the privilege in the street on the south side of the 600 block of Pearl Avenue between Osceola Street and Wisconsin Street with the following conditions to be applied to the privilege in the street: 1) Any problem that may arise as a result from the privilege be the responsibility of the petitioner /owner to correct in coordination with the City. 2) The parking facilities shall be modified or removed immediately upon the request of the City. 3) The petitioner /owner secures and submits to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200, 000 per person and $500, 000 in general aggregate. 4) It is the responsibility of the petitioner /owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street within ten (10) days of notice. 5) The petitioner /owner execute a hold harmless agreement with the City. Seconded by Borsuk. Motion carried 9 -0. ITEM —600 Block Pearl Street Ded & PrivInROW a0 O.IHKCIH ON THE WATER City of Oshkosh General Application " *PLEASE TYPE OR PRINT USING BLACK INK.. APPLICANT INFORMATION Petitioner: University of Wisconsin Board of Regents (UW Oshkosh /JoAnn Rife) Petitioner's Address: 800 Algoma Boulevard City: Oshkosh Telephone #: (920 ) 424 -2438 Fax: ( 920) 424 -0259 SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236 -5059 Date: Jan 17, 2011 State: Wl Zip: 54901 Other Contact # or Email: r i f e @uwosh Status of Petitioner (Please Check): ]Owner ✓]Representative ]Tenant ] Prospective Buyer Petitioner's Signature (required): Date: OWNER INFORMATION Owner(s): University of Wisconsin Board of Regents (UW Oshkosh/Thomas G. Sonnleitner) Date: Jan 17, 2011 Owner(s) Address: 800 Algoma Boulevard City: Oshkosh Telephone #: ( 920 ) 424 -3030 Fax: ( 92o ) 424 -2240 State: WI zip: 54901 Other Contact # or Email: sonnieit @uwosh.edu 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 Plan 'ng Services Division or inco lete submissions or other administrative reasons. Property Owner's Signature: R Date: I TYPE OF RE UEST: Access Control Variance Easement ✓ Privilege in Street (identify) Allow existing parking lot use in future right -of -way. ✓ Other (identify) Dedication of righ-of-way south side of Pearl Aveneu between Osceola Street and Wisconsin Street. SITE INFORMATION Address/Location of Proposed Project: 600 Block Pearl Avenue (south side Proposed Project Type: Creation of Pedestrain Mall between UWO Residence Halls and the central campus. Current Use of Pro a rtY� Part of UW Oshkosh parking lot Zoning: R - 5 PD P Land Uses Surrounding Your Site: North: UW Oshkosh River Center South: Vacant land and Carl Steiger Park East: UWO parking lot West: UW Oshkosh Welln Center ➢ 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 wti w.ci.oshkosh,wi.us/ Communit) /Planning.htm Staff Date Rec'd 3A OSHKOSH January 17, 2011 City of Oshkosh Attn.: Planning Department 315 Church Street Oshkosh, WI 54901 RE: Right -of -Way Dedication and Privilege in Right -of -Way — 600 Block of Pearl Avenue (south side) Planning Department; The University of Wisconsin Oshkosh (UWO) under authority of the University of Wisconsin System Board Of Regents requests that the City of Oshkosh accept a Street Dedication and a Privilege in the Street for property located on the south side of Pearl Avenue between Osceola Street and Wisconsin Street. Right -of -Way Dedication UWO offers right -of -way dedication of approximately 14,600 square feet of private property located on the south side of the 600 block Pearl Avenue for local/municipal right -of- way /street use (see attached drawing). The purpose for the street dedication is to provide additional area of right -of -way to facilitate future reconstruction/redesign of Pearl Avenue, as dictated by the UWO Campus Master Plan and the City of Oshkosh Comprehensive Plan. The property is being offered for dedication at this time to assist in the facilitation of the sale of the former Deltox property as well as allowing plans for the future UWO Alumni Welcome and Conference Center to be developed. Privilege in the Right -of -Way In conjunction with and dependent on the right -of -way dedication, a privilege in the street is being requested to allow the existing University parking facility to continue to be located within the newly dedicated right -of -way until such time that the Welcome Center is under construction and the parking area is redeveloped. Or such a time as Pearl Avenue is reconstructed. Sincerely, JoAnn L. Rife Planning Director PLANNING & CONSTRUCTION FACILITIES MANAGEMENT UNIVERSITY OF WISCONSIN OSHKOSH, 650 WITZEL AVENUE, OSHKOSH, WISCONSIN 54902 4 (920) 424 -2006, FAX (920) 424 -0259 An Equal Opportunity /Affirmative Action Institution, www.uwosh.edu Z ,1ACKSON STREET C♦ N01'17' W 233.67' EAST LINE OF NE 1/4 2 U� zz s��s t N • ry 6. �` � �3w \� *to W Z O ~ ¢ M Z N O W U Vl N Ln co P b _ R in O 4 T ` % h < \_ a co � < / � � ,ryk �� / / fi e• ZX • ry 6. �` � �3w \� *to W Z O ~ ¢ M Z N O W U Vl N Ln co P SUBJECT SITE R i i• ; 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. Created by - dff RIGHT -OF -WAY DEDICATION N SOUTH SIDE PEARL AV Scale: 1" = 150' rya O.IHKOfH ON THE WATER City of Oshkosh Department of Community Development 01/25/11 is ASTING 3EMENT ; i � � e 2�7 10 r 11= It 1Iins l / i 0 � or _ I II!I�Iliil N I IIIIIIIII IIIIIIIIII If fIC,,lA.7 I �Ll t 1L � �IL'.►C7 1 �. 1 wool I 111.. i - ir v M14 I � U �I:�� 11 l1U - - � 1�� ��;�► I 1MIR :. I � M Iff i� r. MAT �� 'Il °rm ff m 4 A�LJ� V9.5 t' Kiel■I�'I A9 - W'�_ s lum �1 ■p I s un WIN G i'� `x Eli \�1 Mf WW.11 ri+ l i 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. RIGHT —OF —WAY DEDICATION N OIHKOfH SOUTH SIDE PEARL AV o"T„Ew•TER City of Oshkosh Department of Community Development Scale: 1" = 150' 01/25/11 Created by - dff