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Home My WebLink About12. 12-598 DECEMBER 11, 2012 12-598 RESOLUTION (CARRIED___6-0___LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE DEDICATION OF STREET RIGHT-OF-WAYS: A) INTERSECTION OF NORTH KOELLER STREET & WEST 7TH AVENUE B) CONSTRUCTION OF A CUL-DE-SAC IN 1700 BLOCK OF WEST 7TH AVENUE INITIATED BY: CVS PHARMACY, 2020 MINNESOTA LLC, JAMES MITCHELL, MURIEL SAGMEISTER PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby accepts right-of-way at the intersection of North Koeller Street and West 7th Avenue, per the attached. BE IT FURTHER RESOLVED that the City hereby accepts right-of-way adjacent to 1735/1745 West 7th Avenue for construction of a cul-de-sac, per the attached. N I PROPERTY EXHIBIT Situated on Koeller Street in the City of Oshkosh, Winnebago County, Wisconsin. November 21, 2012 Survey No.165499 --AJM UNPLATTED LANDS CB= N41'31'13 "E CH= 89.31' I �± SO'52'34'W 5.03' I I LOT 1 CSM 2911 U a • f1 L= 93.56' 3 AREA 2,806 SQ.FT, N 0.0644 ACRES L � o a � CB=N87'24'00 'W CH =9.92' R= 236.48' L =9.92' CB= N82`30'55 "W I CH= 48.58' R= 229.05' L =48.67' Lq GRAPHIC SCALE ;n C3 0 10.20 40 ( IN FEET } 1 Inch = 40 ft. , P.O.B. F- 0 W O; a am V W. 7TH AVENUE 60' PUBLIC M.W. I f IUNPLATiED LANDS 4O y Fr I R.A. Smith National, Inc. 612.03' j .Beyond surveying r - -' and Engineering S88�36'06"E 2626.24' 16745 W. Bluemound Road, Brookfield VA 53005 SW CORNER SOUTH LINE OF 262- 781 -4000 Fax 262-7q7-7373 www.rasmithnagonal.com Appleton. Wl Orange County. CA Pittsburgh, PA SW 1 /4 SW 1 /4 SEC 22 -18 -i 6 SE CORNER S:u1654"W" -s1 SEC 22-18 -16 SW 1/4 Mt0lA40.dw0Xl01A40 SEC 22 -18 -16 CERTIFIED SURVEY MAP NO, A division of Lois 3 and 4 and part of Lots 1 and 2 in Fair Wnd Plat, Lots 3 and 4 and part of Lots 1 and 2 of Sunny Side Plat, all being a part of the Southwest 114 of the Southwest 114 of Section 22, Township 18 North, Range 16 East, in the City of Oshkosh, County of Winnebago, State of Wisconsin, N0W h2y iiX 2 M m � Ir N Im 0 Z cam» l� IN u�4.°ZA � m Ica o t C" � f 0 jA ,r � � I LA b C� f O ERIC R. ' # STURTY2 U�EAGLElit 0 �`. �k,rty�nr ;jES:� y i /7- ZVp � 'G4SC ' 'f o AN"00� aera4rnr sr. 52r34 "E 240.06' 25.56' 14.50' vE t p'A oho 0 C) cZ 4 co frr •�I�N �A� �p1V Us •iii^ L3 pNp �� UrAD z°y �i D �- 4 ( s a "D 1 i QJW ~ ✓V { co (0 ° {(= co W w ° ; Z- $co . z i i7 D � n W Qjo N < > N ) nx m za�Z Ic o� O M I Ur I. wa cr c v; ••\ d NO'52'34 "E [ o E W SOO'52�34 'W 1 — 38.71' " t Ids JJ Id OF fq N �n s INDICATES t" IRON PIPE (FOUND), UNLESS NOTED N i O INDICATES SET 1.315" O,D. IRON PIPE AT LEAST I Z 18` IN LENGTH, 1.68 LEIS, PER LINEAL FOOT. 0° ALL DIMENSIONS SHOWN ARE MEASURED TO THE a, NEAREST HUNDREDTH OF A FOOT. ALL HEARINGS ARE REFERENCED TO THE SOUTH LINE SO OF THE SW 1%4 OF SECTION 22, T 18 N, R 16 E, cn YMICH BEARS SOUTH 88'36'06" EAST sR' t� 1C fj�rril z IC IM LILAC ST N ' lz� I �a� v 0 1 � DZ O 00 wMO 0 �v ? z �➢ ODU 0 O rt E d Q 0 0 a rn N °m m o c0 U3 0:1 ;A me c d D �O v r 0 C7 4 4A O > It 0 m C) D r rm rn 0 R.A. Smith National, Inc. r - f ryond Sury ying dmf Etrgiinzring 167a5Yr, Sr�enxr3nd Ra3a, grq�,k5� 4'7 53'..`35 282.7iri -10DO Fat 282487.7373 7lrti raerr= ttt'1a3nR -.o" t<PF2emv. YJI Crar,90 COmy. CA FIJMJrgh. PA s �a�sr �e,3t SHEET 1 OF 3 SHEETS ° x�.' . w w co (0 ° pA0 z $co . z i i7 D � n W Qjo N N W M I Ur I. wa cr c v; ••\ d NO'52'34 "E [ o E W SOO'52�34 'W 1 — 38.71' " t Ids JJ Id OF fq N �n s INDICATES t" IRON PIPE (FOUND), UNLESS NOTED N i O INDICATES SET 1.315" O,D. IRON PIPE AT LEAST I Z 18` IN LENGTH, 1.68 LEIS, PER LINEAL FOOT. 0° ALL DIMENSIONS SHOWN ARE MEASURED TO THE a, NEAREST HUNDREDTH OF A FOOT. ALL HEARINGS ARE REFERENCED TO THE SOUTH LINE SO OF THE SW 1%4 OF SECTION 22, T 18 N, R 16 E, cn YMICH BEARS SOUTH 88'36'06" EAST sR' t� 1C fj�rril z IC IM LILAC ST N ' lz� I �a� v 0 1 � DZ O 00 wMO 0 �v ? z �➢ ODU 0 O rt E d Q 0 0 a rn N °m m o c0 U3 0:1 ;A me c d D �O v r 0 C7 4 4A O > It 0 m C) D r rm rn 0 R.A. Smith National, Inc. r - f ryond Sury ying dmf Etrgiinzring 167a5Yr, Sr�enxr3nd Ra3a, grq�,k5� 4'7 53'..`35 282.7iri -10DO Fat 282487.7373 7lrti raerr= ttt'1a3nR -.o" t<PF2emv. YJI Crar,90 COmy. CA FIJMJrgh. PA s �a�sr �e,3t SHEET 1 OF 3 SHEETS sR' t� 1C fj�rril z IC IM LILAC ST N ' lz� I �a� v 0 1 � DZ O 00 wMO 0 �v ? z �➢ ODU 0 O rt E d Q 0 0 a rn N °m m o c0 U3 0:1 ;A me c d D �O v r 0 C7 4 4A O > It 0 m C) D r rm rn 0 R.A. Smith National, Inc. r - f ryond Sury ying dmf Etrgiinzring 167a5Yr, Sr�enxr3nd Ra3a, grq�,k5� 4'7 53'..`35 282.7iri -10DO Fat 282487.7373 7lrti raerr= ttt'1a3nR -.o" t<PF2emv. YJI Crar,90 COmy. CA FIJMJrgh. PA s �a�sr �e,3t SHEET 1 OF 3 SHEETS Q OfHKOlH OR THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: December 6, 2012 RE: Approve Dedication of Street Right -of -Way at the Intersection of North Koeller Street & W. 7th Avenue and Construction of a Cul -de -Sac in the 1700 block of West 7`h Avenue (Plan Commission recommends approval) ZUT1 ;tell]►II The approval of a partial closure of West 7th Avenue (Ordinance 12 -362) and the removal of left turn limitation at the intersection of South Koeller Street and West 7t" Avenue (Ordinance 12 -361) were granted in conjunction with the Planned Development approval to construct a CVS pharmacy /retail building with drive -thru and associated site amenities at the northeast corner of West 9tt' Avenue and South Koeller Street (Resolution 12 -342). The ordinances and resolution were approved in June 2012 and included the requirements to relocate the intersection of South Koeller Street and West 7t" Avenue to the west and to construct an acceptable "turn- around" at the eastern end of the closed West 7tn Avenue. The requested right -of -way dedications are necessary to accommodate these requirements of the planned development approval. ANALYSIS The petitioner is proposing to dedicate approximately 2,800 square feet of land for right -of -way purposes associated with the realignment of West 7 Avenue at South Koeller Street. This land is proposed to be removed from the southeast corner of the Red Robin Restaurant parcel at 600 South Koeller Street to shift the intersection 55 feet west from its current location creating an intersection that will clear the existing unmountable median on South Koeller Street thereby meeting the requirement that removes the left turn limitation at South Koeller Street and West 7th Avenue. The petitioner is also proposing the dedication of approximately 2,800 square feet of land for purposes of constructing a cul -de -sac at the eastern end of "open" West 7t" Avenue. This land area is proposed to be removed from 1735 -1737 and 1745 West 7u Avenue which are to be incorporated into a single parcel for use in the development. FISCAL IMPACT None anticipated. All costs related to street realignment and closure will be borne by the CVS developer through a developer agreement with the City. RECOMMENDATION The Plan Commission approved of this request at its December 4, 2012 meeting. Approved, City Manager ITEM: RIGHT -OF -WAY DEDICATION AT 600 SOUTH K 1700 Plan Commission meeting of December 4, 2012 GENERAL INFORMATION Petitioner: William Steiner Owner: Multiple Owners Action Requested: The petitioner is requesting two right-of-way dedications to facilitate the development of a CVS pharmacy /retail building with drive -thru and associated site amenities at the northeast corner of West 9'" Avenue and South Koeller Street. Applicable Ordinance Provisions: N/A Project Background: The approval of a partial closure of West 7'" Avenue (Ordinance 12 -362) and the removal of left turn limitation at the intersection of South Koeller Street and West 7'1' Avenue (Ordinance 12 -361) were granted in conjunction with the Planned Development approval to construct a CVS pharmacy /retail building with drive -thru and associated site amenities at the northeast corner of West 9 "' Avenue and South Koeller Street (Resolution 12 -342). The ordinances and resolution were approved in June 2012 and included the requirements to relocate the intersection of South Koeller Street and West 7 "' Avenue to the west and to construct an acceptable "turn- around" at the eastern end of the closed West 7'1' Avenue. The requested right-of-way dedications are necessary to accommodate these requirements. ANALYSIS The petitioner is proposing two dedications of private property to be used for right -of -way purposes as follow: West 7 "' Ave /South Koeller Street intersection R -O -W dedication from 600 South Koeller Street Petitioner proposes the dedication of approximately 2,800 square feet of land for right-of-way purposes associated with the realignment of West 7 "' Avenue at South Koeller Street. This land area is proposed to be removed from the southeast corner of the Red Robin Restaurant parcel at 600 South Koeller Street, which is currently improved with a driveway and parking lot to shift the West 7 "' Avenue and South Koeller Street intersection approximately 55 feet west from its current location. The realignment will create an intersection that will clear the existing unmountable median on South Koeller Street, thereby meeting the requirement of Ordinance 12 -361 that removes the left turn limitation at South Koeller Street and West 7'� Avenue. Cul -de -sac R -O -W dedication at the 1700 Block of West 7'1' Avenue Petitioner proposes the dedication of approximately 2,800 square feet of land for purposes of constructing a cuI -de -sac at the eastern end of "open" West 7 "' Avenue providing access to the CVS pharmacy /retail building development to be constructed at the 1700 block of West 9t" Avenue, as required as a condition of the Planned Development approval. This land area is proposed to be removed from 1735 -1737 and 1745 West 7"' Avenue, both of which are to be incorporated into a single parcel for use in the development. The Department of Public Works and the Transportation Department have reviewed the proposed the cul-de-sac R -O -W dedication at the 1700 Block of West 7'h Avenue and agree that it will facilitate meeting the requirements of the Planned Development. Analysis on sufficiency of the R- OW dedication from 600 South Koeller Street in relation to the intersection realignment will be presented at the meeting. RECOMMENDATION /CONDITIONS Staff recommendation will be made at the meeting. The Plan Commission approved of the proposed right-of-way dedication as requested. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site and surrounding area and stated that the right - of -way dedication was necessary for the road closure of West 7'4 Avenue. He also reviewed the two areas proposed for the dedication and stated that a condition should be added to this request that the improvements within the dedicated area will need to be removed. He further commented that the right -of -way dedication at 600 South Koeller Street was to relocate the intersection at West 7t' Avenue and South Koeller Street to allow left turns and the proposal has been reviewed by City staff to ensure functionality. Ms. Lohry questioned if the intersection would be moved. Mr. Buck indicated that the intersection would be moved approximately 55 feet to the west. Mr. Cummings inquired who the multiple owners of the properties affected were. Mr. Buck responded that until property acquisitions were completed, there were several residential property owners and the Red Robin Restaurant, Ms. Propp questioned if the property owners were in favor of the right -of -way dedications proposed. Mr. Burich replied that the entire project was contingent on CVS being able to obtain the properties and this process was relatively common when it comes to development as they want assurance of the development's approval prior to actually acquiring the land. He further stated that there were offers to purchase on the residential properties as well as the restaurant, Mr. Cummings inquired if there would be any costs to the tax payers. he n- ROWdedicam S Koeller & W 7th I_ Mr. Burich indicated that there would be a developer's agreement put in place to cover the costs of the development and the City would not be covering any of the costs related to this project. Mr. Bowen questioned if this development would be complete if the right- of-way dedication was approved. Mr. Burich responded that no other Plan Commission actions should be necessary. Mr. Cummings commented that he felt the land should have been acquired prior to all the plans coming forward. Mr. Burich replied that this was not uncommon with developments however this project was more complicated due to the multiple property owners involved. Motion by Vajgrt to approve the right -of -way dedication at 600 S Koeller Street and 1700 Nock W. 7th Avenue with the following condition: 1) Improvements in the dedicated area will need to be removed prior to acceptance. Seconded by Bowen. Ms. Propp stated that she would not support this request as she felt it was an error to cut off 7th Avenue from Koeller Street and she felt it should have been left open to traffic for safety reasons. Mr. Vajgrt commented that if you take Lilac Street to 7th Avenue, it leads to Westfield Street, therefore closing off this section of 7th Avenue should not create any safety issues for the Fire Department. Mr. Burich added that the Fire Department reviewed this proposal and felt that they would still be able to adequately service the neighborhood and the street closure was the preference of the neighborhood property owners and not city staff in this instance. Motion carried 8 -1. ( Ayes- Borsttk/Boiven/Fojtik /Hinz /Cttrnmings/Lohty/Vajg)-t/ Nollenberger. Nays- Propp. Ilem•ROW dedtcaln SKoeller & TV 7th 4. 4. " in hy Fr N KoFLLEn sr '� ].7.77 - f' _ � 17b$ i3s.a � - _ s 1773 {761- °} LO tsr.e4' tas.o us.a 163.00' - O l + 1350 A 185 ff V - im - � 1 71=3T 5a 18.a tu A r 1 VIL 135.0' 138.07 lkocr 90X01 U.54 82.W 1755 1745 1735 - 1737 1723 -1725 1717 _ 1727 729 �s }� f s 6i H 75X7' 90Aa 82.57 155.07 82,57 z- 4� Z 1746.., 1736 1728 1718A 21.50' 100.00' 43.701 171 w.61' 26.OT 8288' W 9TH AVE 1770 The City of Oshkosh creates and maintains GI5 maps and data for its own use. They may show the approbmate relative location of property, boundaries and other feature from a variety of sources. These map(s)1datasets are provided for information purposes only and may not be sufr6ent or appropriate for Legal, engineerfq, or surveying purposes. They are provided °A5 -I5" without warranties of any kind and the City of Oshkosh assumes no liabit'riy for use or misuse. JAGISTIanningTIan Commssion Site Plan Map TemplatelPlan Commission Site Plan Map Template.=d 9.1' ��1725 N 1 in= 0.02mi 1 in =140 ft — Printing Date: 11/2712012 0-f HK4fH Prepared by: City of Oshkosh, Wl ON THE WATER User..deborahf ? N, V NA _ e s < i F z 15% MR ri 1in= 0.02mi 11 1 :1 71�j ?: J lr ta J 1 in =100 ft The City of Oshkosh creates and maintains GIS maps and data for its cnvn use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date: 11/2712012 Of HK�f H These map(s)Idatasets are proMed for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are prouided "AS -IS' without Prepared by: City of Oshkosh, Wi ON 171E WATER warranties of any kind and the City of Oshkosh assumes no IiablGty for use of misuse. JAGOPlarningTian Commssion Site Plan Map Tem &te+Pfan Commtsslcn Site Plan Map Ternoate.mxd User: debcrahf si r S�:_5 3- M Ga } vp MN .°s: _,�.e1 fiat ? N, V NA _ e s < i F z 15% MR ri 1in= 0.02mi 11 1 :1 71�j ?: J lr ta J 1 in =100 ft The City of Oshkosh creates and maintains GIS maps and data for its cnvn use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date: 11/2712012 Of HK�f H These map(s)Idatasets are proMed for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are prouided "AS -IS' without Prepared by: City of Oshkosh, Wi ON 171E WATER warranties of any kind and the City of Oshkosh assumes no IiablGty for use of misuse. JAGOPlarningTian Commssion Site Plan Map Tem &te+Pfan Commtsslcn Site Plan Map Ternoate.mxd User: debcrahf