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Home My WebLink About05. 13-252MAY 28, 2013 13 -252 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: ACCEPT DEDICATION OF RIGHT -OF -WAY FOR ADAMS AVENUE CUL -DE -SAC INITIATED BY: RICHARD ROGERS; MARK & KATHRYNE BRAUN PLAN COMMISSION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 a cul -de -sac on Adams Avenue, adjacent to 891/895 Adams Avenue, per the attached. O.fHKO1H ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: May 23, 2013 RE: Accept Dedication of Right -of -Way for Adams Avenue Cul -de -Sac (Plan Commission recommends approval) BACKGROUND City Administration is requesting additional right -of -way dedication on the south side of Adams Avenue, adjacent to 8911895 Adams Avenue for street/cul -de -sac construction purposes. This request originated from property owners of the former Harbor Way Condominiums which was recently altered by a condominium amendment and certified survey map. The area involves a 487 square foot semi - circle of land located on the south side of Adams Avenue adjacent to the subject property. This section of Adams Avenue is currently unimproved with the right -of -way dead- ending to the Fox River and the surrounding area is low density residential with the Fox River to the east and Lakeside Marina to the south. ANALYSIS The recent Harbor Way Condominium amendment and subsequent certified survey map eliminated legal access to the improved portion of Adams Avenue where previously the four constructed condominium units accessed Adams Avenue via a driveway located on the shared common area of the condo association. The amendment excluded the existing 881 and 885 condo units and new stand alone parcels were created for each unit and another parcel was created comprised of the unconstructed condo units and common area to the west of the subject parcel. As a result, the four built condo unit's only access to Adams Avenue was through the vacant parcel and to alleviate this issue, staff suggested extending Adams Avenue 100 feet to the east to allow direct access for 8911895 Adams Avenue. Due to the configuration of the parcels at 881 and 885 Adams Avenue, direct access was not possible and cross - access easements were created through the condo property. The proposed dedication will provide adequate area for construction of a cul -de -sac bulb at the terminus of the paving extension to allow better turnaround for larger vehicles. The costs for the road extension and cul -de -sac were included in the 2013 Capital Improvement Program and construction is scheduled for this summer. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its May 21, 2013 meeting. Approved, City Manager ITEM: STREET DEDICATION LOCATED NEAR EASTERN TERMINUS OF ADAMS AVENUE LOCATED ADJACENT TO 8911895 ADAMS AVENUE Plan Commission meeting of May 21, 2013 GENERAL INFORMATION Applicants: City Administration Owners: Richard M. Rogers and Mark & Kathryn Braun Actions Requested: City Administration requests additional right-of-way dedication on the south side of Adams Avenue, adjacent to 891/895 Adams Avenue for street/cul -de -sac construction purposes. Applicable Ordinance Provisions: Nrn Property Location and Background Information: The area in this request involves a 487 square foot semi - circle shaped area of land located on the south side of Adams Avenue, adjacent to the subject property. This section of Adams Avenue is currently unimproved with the right -of -way dead - ending to the Fox River. The surrounding area is predominately low density residential with exception of the Fox River to the east and Lakeside Marina to the south. This request originated from property owners of the former Harbor Way Condominiums which was recently altered by a condominium amendment and certified survey map. Prior to the condo amendment and CSM approvals, property owners of the Harbor Way Condominiums met with City staff to address access issues to the property as well as the City being able to provide improved turnaround area for City vehicles. Subiect Site Existin 'Land. Use 26 ning. . Two-Family Residential C -1PD Adiacent Land Use and Zoning Existin ... , Uses : . .................. ..................... . ......... . Zonin North Single-Family Residential R -1 South Marina C -lPD East Fox River N/A West Vacant Land C -lPD Comprehensive Plan Land Use Recommendation .............. ............................... and Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS: The recent amendment of the Harbor Way Condominium and subsequent certified survey map eliminated legal access to the improved portion of Adams Avenue. Prior to the amendment and CSM, the four constructed units of the condominium accessed Adams Avenue via a driveway located on the shared common area of the condo association. The condo amendment excluded the existing 881 and 885 condo units and new stand -alone parcels were created for each unit. In addition, another parcel of land was created comprised of the unconstructed condo units and common area to the west of the subject property. As a result, the four built unit's only access to Adams Avenue was through the vacant parcel. To alleviate this problem, staff suggested extending Adams Avenue approximately 100 feet to the east to allow direct access for 891/895 Adams Avenue. Due to the configuration of the parcels for 881 and 885 Adams Avenue, it was not possible to provide direct access, therefore cross - access easements were created through the condo property. Although the paving extension could have been constructed entirely within the existing right -of- way of Adams Avenue, the Department of Public Works felt this was an appropriate time to constructa cul -de -sac to allow better turnaround for larger vehicles. The proposed dedication will provide adequate area for construction of the cul -de -sac bulb. Construction of the road extension and cul -de -sac is scheduled for this summer and was included in the 2013 Capital Improvements Program. Staff does not have any concerns with the proposed dedication as it will meet the needs of the Oshkosh Fire Department and the Department of Public Works and will not negatively impact the area. RECOMMENDATION /CONDITIONS Staff recommends approval of the right -of -way dedication on the south side of Adams Avenue as requested. The Plan Commission approved of the right -of -way dedication as requested. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and reviewed the site and surrounding area and explained that the request was initiated by the condominium amendment that separated the one parcel into separate parcels. The previously approved certified survey map split the completed condo units from the unimproved portion of the lot which resulted in the loss of access to Adams Avenue for the completed units. The city offered to extend Adams Avenue to allow access to these parcels and constructing the cul -de -sac at this time would be beneficial as it would allow for more maneuverability for trucks and city vehicles. Mr. Yajgrt arrived at 4:10 pm. Mr. Thorns stated that he believed the Commission discussed this previously however he could not recall the results of said discussion. He felt the completed condo units should continue to use the road through the unimproved parcel to the west to gain access to their parcels. Item — 5t Ded- 8911895 Adams Av Mr. Borsuk also recalled a previous discussion on the matter and thought that the City's lack of desire to extend Adams Avenue was the reasoning to have a cross access agreement over the unimproved lot to the west. Mr. Burich stated that having a cul -de -sac at this location was a benefit as the road permanently dead ends at this point and it would make turnarounds to exit the street more maneuverable. Mr. Patek commented that the certified survey map created different lots and the initial use of this site was no longer coming to fruition therefore extending the street and constructing the cul -de -sac was in the City's best interest. Mr. Burich stated that the previously approved recorded certified survey map from 2010 required the removal of the existing gravel drive through the unimproved lot to the west which would require the creation of a new access drive for the completed condo units. Ms. Lohry commented that it appeared to be a housekeeping issue that needs to be addressed and now was the time to do it. Mr. Burich stated that extending the public road was necessary in this case and that the condo units do not require any single point of control for access. When the condos were planned for development on this site the gravel road through the development was to be their one point of access however with the remaining units not being developed, the issue had to be addressed. Mr. Borsuk commented that keeping track of conditions from previously approved developments was difficult as some of them required adjustments over the years if the initial development was altered. Mr. Patek stated that the construction costs of the cul -de -sac was included in the Capital Improvement Program for 2013 and would resolve the access issues. Mr. Bowen commented that the certified survey map appeared to have been done in 2010 and questioned why it was being resubmitted at this point with the access drive going through the unimproved lot and the dedication being requested. Mr. Burich responded that the certified survey map was not being reviewed and the usual process was convoluted since the condo units initially planned for the site did not complete the development. As the parcels are configured now, there is cross access leading to the developed units from the undeveloped lot and no public access to the units constructed. Mr. Bowen questioned if the driveway easement on the unimproved lot was to be removed. Mr. Burich responded affirmatively and stated that there would be a cross access agreement to allow access to 8811885 Adams Avenue through 891/895 Adams Avenue. Motion by Lohry to approve the street dedication located near eastern terminus of Adams Avenue located adjacent to 8911895 Adams Avenue. Seconded by Borsuk Motion carried 8 -0. Item — Sf Ded- 891 1895 Adaws Av BADGER Rwl rAm " C OMPANY, INC. (262) $424200 FOWd BBGIDI CERTIFIED SURVEY MA NUMB t4ce - 76 NOTES: 1 L 1HE hE POSE era 1NILNT OF THUS CEA[TTFIEO SIAYET YIP IS TO DIVIDE TIE 'HAFaM NAY COIDWINTV+S FLAT IHIO FO1A TESIDERITAL LOTS. 21 TH£ 2L' VICE DRIVEWAY EASELeiTS ACROSS ALL LOTS SKI. ALSO SERVE AS VALxrAr f 15EAEAR ;. TO •THE - fXJSilta - 31 THIS PROPERTY IS SLB.ECI TO ALL I EASEW -HIS " RESTRICTIONS OF vV RECORD INCLLa1HIG wmER, SEVER AHD UTILITY LIKES, VM PAP" MAY COIa0uTT1TWT PLAT II ZON[NO FOR FAOPERTY IS PROPOSED TO BE RESIDENTIAL. ALL BDJLDFN5 SETBACKS "T IX APPRO`40 BY IE CITY OF 04NOSH. 51 TW CR1YERAY EASEIENTS AS "WN KAEW. ARE P81VAIC EASOEN,S FOR USE O[LY OF YK O"JtS OF PROPOSED LOIS 1. 2, 3. AND S. 61 THE VESTFALY EXE OF TIE ASPHALT DRIVEWAY VITHIN LOIS 3 RD S, 1S 1 0.3' FROM THE FAST LIE OF LOT 2. 71 ALL 01"IMS ARE CCAFLITED me WAStM 10 TI£ WEST 0.01 FOOT. 81 Al BEIRIF45 ARE 1WAREST 0 -R1f SECOND AM TO 7W I Md POR 4V \ 4EASLRED 10 1FE WARE51 5 SEMOS. 91 TI£ SOUTHHY J Y LIFTS OF LOTS 2 AND / A AM LOCATED SCt1TH OF TIE BDIRDNALK. THfREFOPE. "VEY VONACRTS VEAE / U' SET ON TIE LOT LIFTS Y0 1W hrRTH AS TK ACILI L LOT CORNERS FALL IN THE 7O CIL�NF£L. AADTLIS 1 UE ALOIT1OZAL ADAaS AV944 AlCk-a-CF•rAY II \ 10 W�N S Dw VITHIN LOT 2 SMALL BE DEDICATED BY A ! \ S:ItFMTE INSIRaCAT. 15HW CIMS RATCTFDF I \ \ r , n n� rn 111 SEE SFEET V OF 6 FOR A PRIVATE SANITARY ^ \ SEAEi AND V ATEA LATER& DETAIL DTAG4W. I 121 TOTAL CSU ARcA1 1 • 57. Do S0. FT.e 1 • 1.3 ACRES; - I i f RECORDED AS INFORMATION j) -H— FENCE (CHAIN LINKS J — .� +•; c INDL'37'S7 "E1 �[4 U= BOARDWALK ) N00 . 25'S7 "E 133.01' 3's R /T4 STREET RIGHT-OF -WAY LINE ^O" DH b NORTH REFERENCE; V il o ra1o1u_[ut THCEA SEED NORTH IS AEFE Sif 1, TrE ain. VEST LIFE OF D E Sr Ir4 G C r n FRACTIONAL SECTION 14, IK10N 947.70' aCTICt714) .L 1 7I2 15 ASSwFD TO BEAR NOl'l9'[5•r. l � 0 25' 50' 100' ti N]1`19 15 i l7LD.72'kr N SCALE: 11 ;50' z OAT[ 2.9.10 AV OJELL 10, S111ux1 pdLLCIpHf .4. SsAHY 53211A53211110 f FC+t MARK ROBERTS 1110111 IY all 8V1 A9uT5 AVEI+VE LMwI „socu+a V( 1+11[ 6 MIK +rnu0. ,1 s.nr kALI pu,f4 Nlu[ OSHKOSH. NI 5002 P-W +Hro, M rN , u°1 PH. 420 -254 -9625 A1auq,[1+H ASSOCIATES . nwH rw�+oa 3A OF COLR.IT RECORDS. OC IN S T18N, R16E..�AIC BEIN 23I OSWOSH LAND COMPANY'S PLAT ", CITY OF OS1KOSH, WIMFOAGO COUiTY. WISCONSIN. W W O 1 92.21' The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map(sydatasets are prov]ded for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided PAS-IS' without warranties of any kind and the City of Oshkosh assumes no HaWlity for use or misuse. 1aGISlPlanningRan Commission Sile Plan Map TemplateRan Commission Sile Plan Map Templale,ni d W 153.79' N t in= 0.01mi 1 in= 41 ft Printing Date: 511412013 OfHKOf H Prepared by: City of Oshkosh, Wi ON me WATM User. deWra' ADAMS A_VE N Co 4 �w E 2 Xi The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map(sydalasets are provided for inforrnalion purposes only and may not be sufficient or appropriate for legal, engineering, or surveyng purposes. They are provided 'AS -IS' without warranties of any kind and the City of Oshkosh assumes no liabilly for use or misuse. N i in = 0.01 mi 'A tin =41 ft Printing Date: 511412013 Prepared by: City of Oshkosh, WI �q Q_fHKO.f H ON THE WATM User. debom