HomeMy WebLinkAbout02. 14-41
JANUARY 28, 2014 14-41 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE FINAL RESOLUTION VACATING PORTION OF
1800 BLOCK OF OSHKOSH AVENUE
INITIATED BY: RAN-LIE INC., PETITIONER
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common
Council has heretofore initiated proceedings on December 10, 2013 at a regular
meeting of the Common Council to vacate and discontinue a portion of the 1800 Block
of Oshkosh Avenue, adjacent to 1820 & 1844 Oshkosh Avenue, in the City of Oshkosh
as described below; and
WHEREAS, a public hearing on the passage of such resolution has been set by
the Common Council, which hearing was set for 6:00 PM in the Council Chambers of
the City Hall, Oshkosh, Wisconsin, on the 28th day of January, 2014 and written notice
of such meeting was duly served on the owners of all of the frontage of the lots and
lands abutting upon that portion thereof sought to be discontinued as provided by law;
and
WHEREAS, a public hearing was duly held pursuant to said notice at the time
and place therefore affixed and all persons so served and interested were then and
there given an opportunity to be heard; and
WHEREAS, the lots and lands abutting that portion of said street or alley within
said City affected by this resolution are in the 16th Ward, City of Oshkosh, the
description of said street or alley heretofore set out in this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that it is hereby declared that since public interest requires it, that portion of
the following described street and/or alley in the 16th Ward, City of Oshkosh,
Winnebago County, Wisconsin, is hereby vacated and discontinued, reserving unto the
City of Oshkosh and any utility affected by this Resolution, the right to maintain, service,
repair, add, replace, or install in the future, sanitary sewer, storm sewer, water main and
other utility facilities in said vacated streets or alley, subject to the restriction that no
improvements are allowed within the reserved area, including but not limited to, building
structures, driveways, parking areas, landscaping or fences. Any improvements shall
be allowed only by special exception of the Board of Public Works.
JANUARY 28, 2014 14 -41 RESOLUTION
CONT'D
Partial Street Vacation 1 1800 Block Oshkosh Avenue
A parcel of land located in part of the Southwest Quarter of the Northwest Quarter and
part of the Northwest Quarter of the Southwest Quarter, all in Section 15, T 18 N, R 16
E, in the City of Oshkosh, Winnebago County, Wisconsin; more particularly described
as follows: Commencing at the West Quarter Corner of said Section 15; thence N
89 °17'45" E, a distance of 992.95', along the east -west Quarter line; thence N 00 042'15"
W, a distance of 33.15', to a point on the northerly right of way line of Oshkosh
Avenue/State Highway 21, the Point of Beginning; thence S 16 °00'00" E, a distance of
13.87' to the point of curvature of a tangent curve, concave to the northeast, having a
radius of 55.00' and a central angle of 84 °25'15 "; thence West along said curve, a
distance of 81.04', curving to the left; thence N 79 °34'37" E, a distance of 118.54';
thence N 00 °20'59 "W, a distance of 32.97', to the Southwest corner of land described in
Document Number 946643, Winnebago County Records, also the northerly right of way
line of Oshkosh Avenue/State Highway 21; thence S 89°19'35" W, along said northerly
right of way line, a distance of 183.05' to the Point of Beginning; said described tract
containing 7,846 Square Feet (0.1801 Acres), more or less.
BE IT FURTHER RESOLVED that the City Clerk record a certified copy of this
Resolution accompanied with a map showing the location of said vacated street or alley
in the Office of the Register of Deeds for Winnebago County.
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TO:
FROM:
DATE.
RE:
Honorable Mayor and Members of the Common Council
Darryn Burich
Director of Planning Services
December 5,2013
Set Public Hearing Date to Vacate Portion of 1800 Block of Oshkosh Avenue (Plan
Commission recommends approval)
BACKGROUND
Council is being asked to set a public hearing date for a proposed vacation of the north side of the
1800 block of Oshkosh Avenue. The area in this request involves approximately 8,500 square feet of
right -of -way that formerly was used as the pavement location of Oshkosh Avenue prior to the -U.S.
Highway 4118tate Highway 21 reconstruction. The surrounding area has a mix of various uses
including single family and commercial along the north side of Oshkosh Avenue, and residential uses
along the south side of Oshkosh Avenueft Koeller Street, 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 January 28th meeting.
ANALYSIS
Since the Wisconsin Department of Transportation began work on U.S. Highway 41 /State Highway 21
interchange, the construction of the highway overpass and roundabouts realigned Oshkosh Avenue
from its original centerline location leaving a large remnant of land that serves no practical use to the
public. - The petitioner approached the city to request vacation of the unused land area to increase the
land area of his three adjacent parcels for eventual marketing and commercial redevelopment. The
City feels it would be advantageous to retain a 15 foot wide strip along the back of the sidewalk as
right -of -way for possible expansion of a multi -use trail connection as well as the city utilities located
within the. proposed vacated area which would limit development in this area to green space or off -
street parking. Upon vacation, the adjoining property owners will receive the north half of the vacated
right -of -way which will lessen the impact of setback requirements for future redevelopment.
FISCAL IMPACT
No impact is anticipated other than placing the vacated portion of right -of -way back onto the tax roll
when it becomes part of the adjoining properties.
RECOMMENDATION
The Plan Commission approved of this request at its November 19, 2013 meeting.
Approved,
& -
. Cit ana'er 4
ITEM: PARTIAL STREET VACATION OF THE NORTH SIDE OF THE 1800
BLOCK OF OSHKOSH AVENUE
Plan Commission meeting of November 19, 2013
GENERAL INFORMATION
Petitioner: Ran Lie, Inc.
Owner: City of Oshkosh
Actions Requested.
Ran Lie Inc. requests the partial vacation of the north side of the 1800 black of Oshkosh Avenue.
The subject area is irregularly shaped, approximately 190 feet wide by 55 feet deep and 8,500
square feet in area.
Applicable Ordinance Provisions:
WI State Stats, 66.1003 regulate the discontinuance of a public right -of -way.
Property Location and Background Information:
The area in this request involves approximately 8,500 square feet of right -of -way that formerly
was used as the pavement location of Oshkosh Avenue prior to the U.S. Highway 41 /State
Highway 21 reconstruction. The surrounding area has a mix of various uses including single
family and commercial along the north side of Oshkosh Avenue, and residential uses along the
south side of Oshkosh Avenue/N. Koeller Street.
Subject Site
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Public Right-of-Way
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Adiacent Land Use and Zoning
G►ri' r'eliensivt'lrn tanrl7l Recom_ fizna_iion
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Single-Family Residential, Vacant land
C-2PD
South
Right-of-Way
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East
Right-of-Way
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West
Right-of-Way
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Use. - --
10 Year Land Use Recommendation
Commercial
20 Year Land Use Recommendation
Commercial
ANALYSIS
Beginning in 2011, the Wisconsin Department of Transportation began work on U.S. Highway
dl /State Highway 21 interchange. The work included a flipping of the highway overpass and
construction of roundabouts serving the highways and adjacent frontage roads. The approach
leading into the eastern -most roundabout realigned Oshkosh Avenue to.a southwesterly orientation
from its original centerline location along a public land survey section line. After the street
reconstruction and installation of public sidewalk, a large remnant area of land was created that
serves. no practical use to the public.
The petitioner approached the city to request vacation of the unused lands up to the sidewalk to
increase the land area of his three adjacent parcels for eventual marketing and commercial
redevelopment of the properties. Staff reviewed his request and agreed that most of the land is not
needed to be retained by the city. However, the city-feels it would be advantageous to retain a 15-
foot wide strip along the back of the sidewalk as right -of -way for possible expansion of a multiuse
trail connecting the recently completed Heritage Crossing of the WIOUWASH State Trail,
Currently the Bike and Pedestrian Plan does not identify a connection from the east side to the
west side of the city along State Highway 21 /Oshkosh Avenue. The plan only shows a trail along
the shoreline of Lake Butte des Morts on the Municipal Golf Course property and it is thought that
another route is needed along Oshkosh Avenue to serve more commuter traffic.
The Department of Public Works has reviewed the request and does not have any concerns with
the vacation retaining the 15 -foot right-of-way strip. There are city utilities located within the
proposed vacated area and therefore, any development on the vacated area will be limited to green
space or possibly off - street parking.
Upon vacation, the three adjoining property owners will receive the north half of the vacated right -
of -way adjacent to their property with the city taking ownership of the south half. At a later date,
it is anticipated the city will dispose of its half to the petitioner.
Staff feels the right- of-way is no longer needed by the City and supports the vacation. The
removal of the fight-of-way will lessen the impact of setback requirements for fixture
redevelopment of the petitioner's properties.
RE C OMMENDATfON /CONDITIONS
Staff recommends approval of the partial vacation of the 1800 block of Oshkosh Avenue as
requested.
The Plan Commission approved of the partial street vacation of the 1800 block of Oshkosh
Avenue as requested. The following is the Plan Commission's discussion on this item,
Mt, Buck presented the item and reviewed the site and surrounding area as well as an aerial view
of the site and explained the reasoning for the vacation request, which was due to the
reconfiguration of Oshkosh Avenue with the reconstruction of the Highway 41 /State Highway 21
interchange. After the realignment of Oshkosh Avenue, a remnant area of land was created that
serves no practical use to the public with the exception of the City's desire to retain a 15 -foot wide
strip along the back of the sidewalk as tight -of -way for potential future trail purposes and the
presence of city utilities within the proposed vacated area.
Mr. Thorns questioned if an easement was necessary in the vacated area for the utilities present.
Rem — YA7NalStreet Vacation ofthe 1800 Block ofOshkoshavenue
Mr. Burich responded that the easement was not necessary in this case as it is provided for in the
state statutes as standard protocol with a street vacation.
Mr, Bowen inquired about the process that the city has to follow with road reconstniction projects
as he felt that partial street vacations due to reconstruction should have some mechanism to allow
for the vacations of areas no longer necessary without having to go through the process. of Plan
Commission and Common Council vacation actions.
Mr. Burich replied that the process can be initiated by either the petitioner or staff as it is not built
into the road reconstruction process and, in this case, the request was by the petitioner. The city
will review the area at a future date to see if any other areas can be vacated due to unusable
remnants left from the reconstruction of the highway and installation of the roundabouts.
Mr. Thorns questioned if the area to the east of the subject site was also going to be vacated.
Mr. Burich indicated that this area will be maintained as right-of-way until such a time that the
adjacent property owner is interested in acquiring the land.
Norm Mueller, 437 Hazel Street, petitioner for the request, stated that he has owned properties in
this area for a number of years and the piece of land that is remaining from the realignment of the
road is too small to be developable and he would maintain the parcel with his property. He also
thanked Mr. Burich for his cooperation and guidance in this matter.
Motion by Thorns to approve the partial street vacation of the north side of the I800 block
of Oshkosh Avenue.
Seconded by - Borsuk Molion carried 7 -0.
Item — Partial street Yacatlon oftlre 1800 Block ofOshkoshAverrue
City of Oshkosh SUBMIT TO;
-v���, A ���a4� Dept. of Community Development
� �-H General App 215 Church Ave., P.O. Box 1130
ON THE wuaa Oshkosh, WI 54901
* "PLEASE TYPE OR PRINT USING BLACK INK ** PHONE: (920) 23 6 -5059
APPLICANT] WFORMATION
Petitioner: r_ {rl L_f e. INC Date:
Petitioner's Address: 2D Ca b City: USOn State: Y y Zip: <,
Telephone #: ft) 231 — j[)t 0 Fax: (! p 20) `� J -1 2.5 Other Contact # or Email:
Status of Petitioner (Please Check): Owner ❑ Pepresentative ❑ Tenant 0 Prospective Buyer
Petitioner's Signature (required):
OWNER INFORiAIATION
Date: 77 15
Owners): Fran Ut? (Mc- -- i ��, Date:
Owners } Address: 'Zo ob Drn'ro o Ct GI City: }S V-psV) State: E Zip: 9 t+
Telephone #: (� �0) i C7 Fax: (9��} Z;j i -SD I o Other Contact # or Email:
Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership Acorporation
Property Owner Consent: (required) //
By signature hereon,llWe acknowledge that City officials and/or employees may, in thePpfferfnance 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 Plannnm SerYices Division for inconmlete submissions or other administrative reasons.
Property Owner's Signature:
TYPE OF REQUEST: t
[A Access Control Variance
M Easement
❑ Privilege in Street (identify)
Other (identify) Sh V
SITE INFORMATION
Date � L3
Address /Lo cationofProposedProject: be--h zon .10620 lUJski Ave- T W
Proposed Project 17ype: Sb e-L+ V0.C.a7t- b1'l
air-rent Use ofProperty- I& oV�I/ RO0 �0" DShLbl2k A-r12 Y�c=S-1Yucfi oning:
Land Uses Surrounding' Your Site: North:_ p4'{ via;lr5lC2Y1 iict l 1�Yn e.[r1 1/QCcYI 1` [ rr v7
South: 12 JX_„ tiC_ rr)cu �
East:
West: t-)l Jo I I L
��
➢ Application fees are due at time of submittal. Make check payable to City of Oshkosb.
➢ Please refer to the fee schedule for appropriate fee. Ii1;+ IS NON- REFUNDABLE
For more information pleasc visit the City's wehsiie at www.ci.oshkoshwi.us/Conunuaity_.Dt;velopnionUPlanning.htm
StREf DateRec'd ��
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