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Home My WebLink About10. 13-228MAY 14, 2013 13 -228 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SETTING PUBLIC HEARING DATE TO VACATE PORTION OF WEST 7TH AVENUE, NORTH OF KOELLER STREET INITIATED BY: PUBLIC WORKS DEPARTMENT PLAN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 / West 7th Avenue, North of Koeller Street As described in the attached "Exhibit A" 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, June 25, 2013 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 / West 7th Avenue, North of Koeller Street As described in the attached "Exhibit A" , -- x x �I RED ROBIN SILL =772.34 ® x 0 1 N � I x ` J I CONCRETE x gg W. 7TH AVENI TE c " ❑ \ '= �v= I f �' lu (tie LU vi Fn- X w z J " ' o , mz OW cONC RfT� _ �- ~ �1' • Ate► v W U z� �Q vi O Q O LEGAL DESCRIPTION F U z That part of the Southwest 1/4 of the Southwest 1/4 of Section 22, Township 18 North, Range- 16 East, in W the City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the Southwest comer of said Section 22; thence South 88'36'06" East, along the South line of the Southwest 1/4 of said Section, 61ZD3 feet to a point on the West line of Sycamore Street and its' Southerly extension: thence North 00 West along said West line and Its Southerly extension 279.51 feet to a point on the North line Koeller Street: thence North 00'5234" East 73.65 feet to the Point of Beginning of lands to be described; thence North 04'52'34" East 5.03 feet to a point on the North line of West 7th Avenue; thence South 88 East along said North line 24.40 feet to a point. thence Southwesterly 24.96 feet elong the arc of a curve whose center lies to the South, whose radius Is 89.00 feet, and whose chord bears South 79'40'11" West 24.88 feet to the Point of Beginning. DAM 03/15/13 Containing 47 Square feet of land warn "re• m �n xwv� Prepared by. Eric R. Sturm maeerwwncec Date: March 15. 2013 WTIeLR �. rDl'0111,a r.L Project No: 165499 DERPQ ar WM MCNED or IRR SNEETNUM9ER 1 OF 1 l?7 X x �-3 E O.fHKOfH ON THE wATPA TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: May 9, 2013 RE: Set Public Hearing Date to Vacate Portion of West 7 Avenue, North of Koeller Street (Plan Commission recommends approval) BACKGROUND Council is being asked to set a- public hearing date for a proposed right-of-way vacation for a 47 square foot portion of the northerly side of W. 7 Avenue located adjacent to 600 S. Koeller Street approximately 90 feet north of S. Koeller Street. The vacation of the right -of- way area was initiated by the reconfiguration of the W. 7 I Avenue /S. Koeller Street intersection and this portion of W. 7 th Avenue is no longer needed. State Statutes require that the public hearing be held no less than 40 days after the introductory resolution which would set the public hearing date for this request no earlier than the Council's June 25 1t ' meeting. ANALYSIS The proposed vacation area is a triangular strip of W. 7 Avenue currently encroached upon by the off street parking area of Red Robin Restaurant. Following the reconfiguration of the intersection, which included additional right -of -way dedications, this subject portion of 7 th Avenue is deemed unnecessary. The City determined that the vacation will alleviate the encroachment of the restaurant's off - street parking and once vacated will be attached to the base parcel of the Red Robin property. The Department of Public Works has reviewed the proposed vacation and does not have any concerns with the request but requires retention of full easements within the former right -of -way. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its May 7, 2013 meeting. Approved, City Manager ITEM: PARTIAL STREET VACATION OF W. 7' AVENUE APPROXIMATELY 90 FEET NORTH OF S. KOELLER STREET Plan Commission meeting of May 7, 2013 GENERAL INFORMATION Applicant/Owner: City of Oshkosh Actions Requested: The City of Oshkosh requests the vacation of a 47 square foot portion of the northerly side of W. 7th Avenue located adjacent to 600 S. Koeller Street (Red Robin), approximately 90 feet north of S. Koeller Street. Applicable Ordinance Provisions: WI State Stats. 66.1003 regulate the discontinuance of a public right -of -way. Property Location and Background Information: The vacation of the right -of -way area of this request was initiated by the reconfiguration of the W. 7th Avenue/S. Koeller Street intersection. Currently, the 600 S. Koeller Street property's off - street parking area encroaches into the subject public right -of -way of W. 7 th Avenue. With the proposed reconfiguration of the intersection, this portion of W. 7 th Avenue is no longer needed. The surrounding area is predominately a commercial corridor along the U.S. Highway 41/Koeller Street frontage road to the west transitioning to low density residential uses to the east. Subiect Site Existin Land Use ' ' Zonrn Public Right-of-Way C -2 Adiacent Land Use and Zoning Existin 'Uses - Zonrn North Commercial (Red Robin parking lot) C -2 South Public Right-of-Way C -2 East Commercial (Pumpkin Patch Day Care) R -3 West Commercial Red Robin parking lot) C -2 .. Comp 'rehensive Plan Land.. Me`Recommendation Land Use' 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS: The proposed vacation is an approximately 47 square foot triangular strip of W. 7th Avenue currently encroached upon by the off street parking area of Red Robin Restaurant. Following the reconfiguration of the W. 7 th Avenue/S. Koeller Street intersection, which included additional right -of -way dedications; this subject portion of 7th Avenue is no Ionger needed and deemed unnecessary. The City determined that the vacation will alleviate the encroachment of Red Robin's off - street parking and once vacated will be attached to the base parcel of the 600 S. Koeller Street (Red Robin) property. The Department of Public Works has reviewed the proposed vacation and does not see any issues or concerns with the request as the right -of -way is not needed, but requires retention of full easements within the former right -of -way. Staff supports the request as the current right -of -way is no longer needed for public infrastructure use. RECOMMENDATION /CONDITIONS Staff recommends approval of the partial vacation of W. 7th as requested with the following condition: 1) The City retains full casements within the vacated right -of -way. The Plan Commission approved of the partial street vacation of W. 7 th Avenue as requested with conditions noted. The fallowing is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site and surrounding area and reviewed the area proposed to be vacated which was initiated by the reconfiguration of the W. 7 th Avenue /S. Koeller Street intersection. There was no discussion on this item. Motion by Vajgrt to approve the partial street vacation of W. 7rh Avenue approximately 90 feet north of S Koeller Street with the following conditions: 1) The City retains full easements within the vacated right -of -way. Seconded by Cummings. Motion carried 8 -0. Item -- S! Vac/S Koeller St (0 OIHKOIH ON THE WATER City of Oshkosh General Application ""PLEASE TYPE OR PRINT USING BLACK INK;" APPLICANT INFORMATION Petitioner: City of Oshkosh Petitioner's Address: 215 Church Ave Telephone #: (920 ) 236 -5055 Fax: ( Other Contact # or Email: Status of Petitioner (Please Check): J❑Owner []Representative ❑Tenant ❑Prospective Buyer Petitioner's Signature (required): OWNER INFORMATION Owner(s): City of Oshkosh SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236 -5059 Date: 4130113 State. WI zip 54901 Date: Date: 4130113 Owner(s) Address: 215 Church Ave Telephone #: ( 920 ) 236 -5055 Fax: ( Other Contact # or Email: Ownership Status (Please Check): ❑✓ Individual ❑Trust ❑Partnership ❑Corporation State: Wl zip: 54901 Property Owner Consent: (required) By signature hereon, VWe 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 Planning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: TYPE OF RE VEST: I Access Control Variance Easement Privilege in Street (identify) J Other (identify) Street Vacation SITE INFORMATION Address/Location of Proposed Project: Right of way on W 7th Ave. Proposed Project Type: Parking lot of Red Robin Current Use of Property: Right of way Zoning: C-2 Land Uses Surrounding Your Site: North: The Pumpkin Patch Daycare, R-3 South: A &R Jewelers, C -2 East: The Pumpkin Patch Daycare, C -2 West: Rod Robin Restaurant and parking lot 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 _ Devclopment /Planning.htm Staff DateRec'd Date: city: Oshkosh city. Oshkosh 3 This portion of right of way is a remnant piece of the former roadway that is no longer needed following the 7` Street /S Koeller reconfigured and reconstruction and is no longer necessary for traffic circulator or public utilities. As it's no longer needed, the city desires to vacate the 47square feet which would revert to the adjacent property to the north, which is the parking lot of Red Robin Restaurant at 600 S Koeller St. In discussions with the property owner they plan to utilize the vacated right of way as part of Red Robin's parking facility. CI PARTIAL ST VAC -W 7 AV 600 S KOELLER ST LLC ADJACENT TO 600 S KOELLER 601 OREGON ST B PC: 05 -07 -13 OSHKOSH WI 54902 5 co Cs 362.05' 19.00' co 0 0 9' (. 12 49. ?o.? n. 1 760 149.00' 0 rm S KOELLER sr The City of Oshkosh creates and maintains GIS maps and data for !is own use. They may show the appro)dmale relative location of property, boundaries and olher feature from a variety of sources. These maps} datasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided 'AS -IS' without warranties of any kind and the Clty of Oshkosh assumes no liability for use or misuse. r \ N A, 1 in = 0.01 mi tin =50ft Printing Date: 4/912013 Prepared by: City of Oshkosh, WI 138.00' 1755 � 5.1 I 0. Of HKO.f H ON THE WATER JAGIWlanningTlan Commission Site Plan MapTempratetPlan Comm ssion Site Plan MapTemplale.mad / laser, deborahf 2P- Q i� U -t �n nn�n Y � B,IPG�J ��, ■nom ��i � m �� wi � ; � a �C I emu I C.2PD M -1 P E 1 l Y The C "q of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximala relative location of property, boundarles and other feature from a variety of sources. These mapfsudatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided 'AS -lS` without warranties of any kind and the City of Oshkosh assumes no liablGty for use or misuse. JAGOPlanninglPlan Commission Vile Plan Map TemplaleTlan Commission Site Plan Map Templale.mxd N tin= 0.19mi 1 in =1,000 ft Printing Date; 41912013 Prepared by: City of Oshkosh, Wi -7HK0f H ON YHE WATER . f] User. debara if I'