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Home My WebLink About11-305JULY 13, 2011 11 -305 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SETTING PUBLIC HEARING DATE TO VACATE PORTION OF RATH LANE ADJACENT TO 1424 RATH LANE, 1900 OMRO ROAD & 1896 OMRO ROAD INITIATED BY: RAN -LIE INC., PETITIONER 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: Partial Street Vacation / North side of Rath Lane, adjacent to 1424 Rath Lane, 1900 Omro Road and 1896 Omro Road 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, August 23, 2011 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: Partial Street Vacation / North side of Rath Lane, adjacent to 1424 Rath Lane, 1900 Omro Road and 1896 Omro Road 0 OYHKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: July 7, 2011 RE: Approve Setting Public Hearing Date to Vacate Portion of Rath Lane Adjacent to 1424 Rath Lane, 1900 Omro Road & 1896 Omro Road (Plan Commission recommends approval) BACKGROUND The area encompassing this request involves approximately 7,350 square feet of Rath Lane right -of -way located north of Omro Road. The subject right -of -way was platted as part of Rath's Addition to service residential properties in 1940. The immediate area is mixed -use including single family residences (legal nonconforming), a restaurant, hotel and golf course. The Rath Lane right -of -way is 50 feet wide by 341 feet long and until recently provided access to the single family residences along Rath Lane and hotel and restaurant parking lots. With the reconstruction of the STH 21/USH 41 interchange, the Rath Lane connection to STH 21 has been eliminated and now connects to N. Koeller Street to the east. ANALYSIS As a result of the reconstruction plans for the area, a portion of Rath Lane will remain as unused right -of -way. The petitioner approached the City to vacate this section to incorporate the land into his three properties in the immediate vicinity. Staff believes this would be an opportunity for the owner to remove the nonconforming residential uses and reconfigure the existing separate parcels to redevelop commercially as recommended by the Comprehensive Plan. If approved, the vacation will create a nonconforming right -of -way access for one parcel which could be alleviated with either granting a subdivision variance or reconfiguring the lots. This vacation will also prohibit access for one parcel which will require the creation of a cross access easement. The Department of Public Works is recommending a utility easement be placed along the entire proposed vacation area as city sanitary sewer is located there and possibly other private utilities. The Wisconsin Department of Transportation supports this request as this right -of -way is no longer necessary for the USH 41 project. The petitioner will have to fulfill the recommended conditions prior to Council acting on the actual vacation request. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its July 5, 2011 meeting. Approved, City Manager ITEM: PARTIAL RIGHT -OF -WAY VACATION OF RATH LANE FROM OMRO ROAD (STH 21) TO 147 FEET NORTH OF OMRO ROAD Plan Commission meeting of July 5, 2011 GENERAL INFORMATION Petitioner: Ran-Lie, Inc. Owner: City of Oshkosh Actions Requested: The applicant requests the vacation of Rath Lane from Omro Road (STH 21) to 147 feet north of Omro Road. Applicable Ordinance Provisions: WI State Stats. 66.1003 regulate the discontinuance of a public right -of -way. Property Location and Background Information: The area encompassing this request involves approximately 7,350 square feet of Rath Lane right - of -way located north of Omro Road. The subject right -of -way was platted as part of Rath's Addition to service residential properties in 1940. The immediate area is eclectic in its uses including single family residences (legal nonconforming), a restaurant, hotel and golf course. The Rath Lane right -of -way is 50 feet wide by 341 feet long and until recently provided access to the single family residences along Rath Lane and hotel and restaurant parking lots. With the reconstruction of the STH 21/USH 41 interchange, the Rath Lane connection to STH 21 has been eliminated and now connects to N. Koeller Street to the east. The petitioner, Ran-Lie, Inc., owns four properties in the immediate vicinity, three of which will receive portions of the proposed right -of -way vacation. Subject Site Exhting Land Use Zonin Public Right -of -Way C -2PD Adiacent Land Use and Zoning Existing Uses Zonin North Public Right -of -Way /Golf Course C -2 /C -2PD, R -1 South Vacant Land/Public Right -of -Way C -2 West Single - Family Residential C -2PD East Vacant Land C -2PD Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS As part of the U.S. Highway 41 reconstruction, the area is being reconfigured with roundabouts and restricted access to Highway 21. Rath Lane was deemed to close to the Highway 41 on and off ramps so the Wisconsin Department of Transportation rerouted Rath Lane to head east to connect into the newly constructed N. Koeller Street extension. As a result, the former Rath Lane connection to Highway 21 has been eliminated, leaving a section of unused right -of -way. The petitioner approached the City to vacate this no longer needed section of Rath lane to incorporate the land into his properties. Although the petitioner has not submitted any future development plans, staff sees this as an opportunity for the owner to remove the nonconforming residential uses and reconfigure or combine the four parcels to redevelop the site commercially as recommended by the Comprehensive Plan. If combined, the owner would have a sizable parcel available for redevelopment along one of the busiest streets in the city. Upon vacation, the right -of -way will be distributed to three adjoining properties, all owned by the applicant. The 1424 Rath Lane property will receive approximately 1,500 square feet of the right - of -way, 1900 Omro Road will receive approximately 2,175 square feet, and the vacant property on the east will receive approximately 3,675 square feet. One problem this vacation will create is the 1424 Rath Lane property will lose its current conforming right -of -way access of 60 feet (code required minimum) and will become 25 feet. This can be alleviated by either being granted a subdivision variance to allow a substandard right - of -way access, or have the lots reconfigured via Certified Survey to provide the 60 foot minimum access. Upon staff review, it was noticed that this vacation will prohibit vehicular right -of -way access for the 1900 Omro Road property and upon vacation, will require crossing over both the 1424 Rath Lane and vacant parcel to the east. As a condition, staff recommends a cross - access easement be created allowing vehicular access for the 1900 Omro Road property. The Department of Public Works has reviewed the request and does not have any concerns with the vacation except to ensure that a utility easement is provided. There is currently city sanitary sewer located within the Rath Lane right -of -way. There may also be the presence of other private utilities and therefore staff recommends a utility easement be placed along the whole width and depth of the proposed vacation. The Wisconsin Department of Transportation submitted a letter to the City Manager supporting this vacation request as the State no longer needs this right -of -way for the USH 41 project. Staff feels the right -of -way is no longer needed by the City and supports the vacation of this section of Rath Lane as it creates an opportunity for redevelopment and better utilization of this potentially prime commercial corridor property. RECOMMENDATION /CONDITIONS Staff recommends approval of the partial right -of -way vacation of Rath Lane with the following conditions: Item - RathLn St Vacation I . Utility and access easement is placed on the entire vacation area for any existing utilities. 2. Correct the substandard right -of -way access for 1424 Rath Lane via Certified Survey Map or Subdivision Variance granted by the Plan Commission. 3. Cross - access easement is created for the 1900 Omro Road property to utilize 1424 Rath Lane for street access. The Plan Commission approved of the partial right -of -way vacation as requested with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Burich presented the item and reviewed the site and surrounding area and noted that there was an error in the staff report referring to 1625 Rath Lane and the correct address should be 1424 Rath Lane. He commented that the connection to Omro Road from Rath Lane was no longer necessary and reviewed the conditions recommended for this request. He also discussed access issues for surrounding properties created by the vacation of this area and how reconfiguration of the existing lots or cross access agreements would be necessary to remedy the situation. Mr. Thorns questioned if Rath Lane still has access to Omro Road. Steve Gohde, Assistant Director of Public Works, replied that access to Omro Road was discontinued previously during the reconstruction of USH 41 and it will be permanent with the construction of the new overpass in the near future. Mr. Thorns also questioned if this vacation would create problems for Fire Department access in this area. Mr. Burich responded negatively as there would still be access to this area from the east. Motion by Nollenberger to approve the partial right -of -way vacation of Rath Lane from Omro Road (STH 21) to 147 feet north of Omro Road as requested with the following conditions: 1. Utility and access easement is placed on the entire vacation area for any existing utilities. 2. Correct the substandard right -of -way access for 1424 Rath Lane via Certified Survey Map or Subdivision Variance granted by the Plan Commission. 3. Cross - access easement is created for the 1900 Omro Road property to utilize 1424 Rath Lane for street access. Seconded by Vajgrt. Motion carried 9 -0. Item - RathLn St vacation ( 0 OIHKOlH ON THE WATER 2060 OMRO ROAD * *PLEASE TYPE OR PRINT USING BLACK INK ** APPLICANT INFORMATION Petitioner: RAN – LIE INC. Petitioner's Address: 2060 OMRO ROAD Telephone #: ( 920) 231 -5010 City: OSHKOSH Fax: (920) 231-1725 Other Contact #or Email: Status of Petitioner (Please Check): Z Owner ❑ Petitioner's Signature (required): 27�D4— OWNER INFORMATION Owner(s): RAN – LIE INC. Owner(s) Address: City of Oshkosh General Application sentative ❑ Tenant ❑ Prospective Buyer SUBMIT TO: Dept. of Community Developmer 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236 -5059 D ate :< 1Z State: WI Zip: 54904 � ` l2 Date: Date: City: OSHKOSH Telephone #: ( 920) 231 -5010 Fax: (920) 231 -1725 Other Contact # or Email: Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership X Corporation State: WI Zip: 54904 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 PlanninNSely ces Division for incomplete submissions or other administrative reasons. Property Owner's Signature: TYPE OF REOUEST: ❑ Access Control Variance ❑ Easement ❑ Privilege in Street (identify) ® Other (identify) TRANSFER OF PROPERTY TO RAN –LIE DEED SITE INFORMATION Address/Location of Proposed Project: 1424 RATH LANE Proposed Project Type: ENTRANCE TO 1900 OMRO ROAD AND 1424 RATH LANE Current Use of Property: SAME Zoning: COMMERCIAL Land Uses Surrounding Your Site: North: PUBLIC ROAD West: (2) RESIDENTIAL HOUSES ➢ 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 / Community _Development /Planning.htm Date: /: South: HIGHWAY 21 East: RESIDENTIAL LOT Staf Date Rec'd 4 SUBTOTTAL REOUIREMENTS - Must accompany the application to be complete. D A narrative of the proposed request / project including: ❑ Proposed use of the property 4A104 ❑ Existing use of the property - a,7.1 c ❑ Identification of structures on the property and discussion of their relati n to the project 13 Projected number of residents, employees, and/or daily customers.. ;vn c. ❑ Proposed amount of dwelling units, �QQor area, landscape area, and parking area expressed in square feet and acreage to the nearest one - hundredth of an acre. ,Uo�OI ❑ Effects on adjoining prop es to include; no se hours of o eration Iare odor, fumes vibration etc. ] gP P P ,g ❑ Surrounding land uses n% /,-; / *- k i ❑ Compatibility of the pr posed use with adjacent and other properties in the area. � • Traffic generation /V,9 y► e- • Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties ➢ A complete site plan including: (as may be appropriate per your request) -- 1/O d/V,7 P ✓l • Two (2) full size (24" x 36 ") scaled and dimensioned prints of site plan and building elevations • Two (2) 8 '/:" x 11 (minimum) to 11" x 17" (maximum) reduction of the building elevations and site plan ❑ One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style table file (if plans have been prepared digitally) ❑ Title block that provides all contact information for the petitioner and/or owner, if different ❑ Full name and contact information of petitioner's engineers /surveyors /architects, or other design professionals used in the plan preparation 4110 ✓t. e ❑ The date of the original plan and latest date of revision to the plan • A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1 " =60') unless otherwise approved by the Department of Community Development prior to submittal • All property lines and existing and proposed right -of -way lines with bearings and dimensions clearly labeled ❑ All required building setback and offset lines ❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, walls ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for construction ❑ Location and dimension of all on -site parking (and off -,site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30 -36 City of Oshkosh Zoning Ordinance ❑ Location and dimension of all loading and service areas on the subject property • Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan • Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators ay.:�L'tfe?+N�Au�NtlkAAb. ..,.r.,:pnF.� � ..cY�➢.LP'ra9i:q�, ........w`v a .. r .k:,:rfyly'dp�{wpTY,.:. � .., . __.. _.._— .,....,.,. � . ,. :10/11 /05 y 4 ,11SOONS Z4 , Division of Transportation 'a System Development >' #Q Northeast Regional Office 944 Vanderperren Way OFTRP Green Bay, WI 54304 April 12, 2011 MARK ROHLOFF CITY OF OSHKOSH ADMINISTRATOR 215 CHURCH AVENUE PO BOX 1130 OSHKOSH WI 54902 -1130 Project 1120 -11 -02 STH 21 — USH 45 USH 41 Winnebago County Scott Walker, Governor Mark Gottlieb, P.E., Secretary Internet web site: www.dot.wisconsin.aov Telephone: (920)492 -5643 Facsimile (FAX): (920)492 -5640 E -mail: ner.dtsd (@dot.wi.aov I am writing to you as a follow up to my December 8, 2010 letter and at the request of Norm Mueller to clarify the Wisconsin Department of Transportation position on the existing right -of- way on Rath Lane. In my December 8, 2010 letter I requested the City of Oshkosh reserve the existing Rath Lane right -of -way for use with the US 41/21 Interchange construction for 2012. On Friday April 1, 2011 Norm Mueller and I met to review his other property on the east side of US 41 north of Highway 21. Norm stated he would allow free use of some of his other property in the area to the contractor for the US 41/21 Interchange if needed. Given this availability of other land in the area by Norm Mueller at no cost to the contractor, WisDOT withdraws its request to hold the Rath Lane right -of -way vacation until after US 41/21 Interchange. This remains a City of Oshkosh decision to make on this issue. In conclusion, I would like to express my appreciation of the City of Oshkosh staff working with WisDOT on the US 41project. These coordination efforts make the project go much smoother in managing the project. If you have further questions feel free to call me or e -mail me at 920 -492- 0142 or e -mail me at tom.buchholzgdot.wi.gov em Tom Buchholz, P. . Project Manager Cc: David Patek Norm Mueller George Curtis STREET VACATION PORTION OF PATH LN PC: 07 -05 -11 BRE LQ PROPERTIES LLC 909 HIDDEN RIDGE STE 600 IRVING TX 75038 3822 1930 OMRO RD LLC RAN LIE INC 1930 OMRO RD 2060 OMRO RD OSHKOSH WI 54902 2656 OSHKOSH WI 54904 7799 P7 SUBJECT SITE I . 1 l . 1 1 Q ( I 1 1 I 1874 1870 14 I W R � R-O - -T _D_. _- _.___.- ___.____- _ 1T&II 11B.M' 1849 1847 r 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. Created by - dff STREET VACATION PORTION OF RATH LN Scale: 1" = 150' 0 N O.IHKOYH ON THE WATER City of Oshkosh Department of Community Development 06/21/11 10 i• 1 i 1= I I I = I I� I I� I I I I• 1� I I iJ iJ i ( I 1 1 I 1874 1870 14 I W R � R-O - -T _D_. _- _.___.- ___.____- _ 1T&II 11B.M' 1849 1847 r 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. Created by - dff STREET VACATION PORTION OF RATH LN Scale: 1" = 150' 0 N O.IHKOYH ON THE WATER City of Oshkosh Department of Community Development 06/21/11 10 1 a l ►r4 r��,� a i WIMP& ad �w MIR s V11 MEM ►C�1�11�' .. i it Ir K �-J1:► - i No r� Hai 111��1, •' • In - ''nI IN iC� iluL'9 O m SO M ml . ■■■■ ME M= ice= S :Zi>l C ■�■ .0 �� -= 1a113i�i ■t, so NO 11111111, RMS =111111 TAFT AVE. 3 ME am 2 WAS �� t ■1.� 11111 IICF! &! 0= ui Em 000=0 uj ONE • ■ ' __ - -- r �� ■an C i a) _.. __ . Pan 2� 2 110 m IN •41 d AIFFJ SOUTHLAND AN N will WfAt-O&I an MJ1 "A C� WE �� _ Jul DISCLAIMER O This map is neither a legally recorded map nor STREET VACATION a survey and it is not intended to be used as one. This drawing isa compilation of county PORTION OF RATH LN N O.IHKOlH and information located in various s c i ty and state offices and other sources affecting ON THE WATER the area shown and it is to be used for reference City of Oshkosh purposes only. The City of Oshkosh is not re- Y sponsible for any inaccuracies herein contained. Department of If discrepencies are found, please contact the Scale: 1 �� = 150' Community Development City of Oshkosh. Created by - dff 06/21111 12