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Home My WebLink About02. 15-60 FEBRUARY 24, 2015 15-60 RESOLUTION (CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________) PURPOSE: FINAL RESOLUTION VACATING PORTION OF MOUNT VERNON STREET 1400 BLOCK INITIATED BY: WINNEBAGO COUNTY HOUSING AUTHORITY PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common Council has heretofore initiated proceedings on January 13, 2015 at a regular meeting of the Common Council to vacate and discontinue a portion of Mount Vernon Street, 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 24th day of February, 2015 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 th said City affected by this resolution are in the 15 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 th the following described street and/or alley in the 15 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. FEBRUARY 24, 2015 15-60 RESOLUTION CONT'D PART OF MOUNT VERNON STREET, LOCATED IN THE SOUTHEAST '/4 OF THE NORTHWEST '/4 OF SECTION 13, TOWNSHIP 18 NORTH, RANGE 16 EAST, 15T" WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE CENTER OF SAID SECTION 13, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE NORTH 00°11'21" WEST, 915.46 FEET ALONG THE EAST LINE OF THE NORTHWEST '/4 OF SAID SECTION 13 TO POINT ON THE EXTENDED NORTH RIGHT-OF-WAY LINE OF E. CUSTER AVENUE; THENCE SOUTH 89°25'30" WEST, 632.81 FEET ALONG THE EXTENDED NORTH AND NORTH RIGHT-OF-WAY LINES OF E. CUSTER AVENUE TO THE NORTHEAST CORNER OF MOUNT VERNON STREET AND E. CUSTER AVENUE AND POINT OF BEGINNING; THENCE SOUTH 89°25'57" WEST, 60.00 FEET TO THE NORTHWEST CORNER OF SAID MOUNT VERNON STREET AND E. CUSTER AVENUE; THENCE NORTH 00°09'34" WEST, 142.20 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID MOUNT VERNON STREET; THENCE NORTH 89°25'S7" EAST, 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SAID MOUNT VERNON STREET; THENCE SOUTH 00°09'34" EAST, 142.20 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID MOUNT VERNON STREET TO THE POINT OF BEGINNING. SAID AREA CONTAINS 8,532 SQUARE FEET OR 0.196 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. � 0 .IHK H a��ne Maa TO: Honorable Mayor and Members of the Common Council . FROM: Darryn Burich� Director of Planning Services � DATE: January 8, 2015 RE: Approve Setting Public Hearing Date to Vacate Portion of 1400 Block of Mount Vernon Street (Plan Commission Recommends Approval) BACKGROUND • Council is being asked to set a public hearing date for a proposed vacation of approximately 8,400 square feet of right-of-way starting at the northern right-of-way line of East Custer Avenue and terminating approximately 142 feet north. The land proposed to be partially vacated is intended to be utilized as part of the proposed redevelopment of the former Lenox Candle Factory. The surrounding area has a mix of various uses including residential, commercial and manufacturing along Harrison Street, and residential uses along the south side of East Custer Avenue. 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 February 24�' meeting. ANALYSIS The area of the requested vacation is adjacent to properties owned by the Oshkosh Housing Authority who has indicated that the partial street vacation is necessary to apply for special funds available through the Wisconsin Economic Development Corporation. The funding is provided to assist with the renovation of property that is over five acres in size and if the partial street vacation is granted, the future redevelopment site would meet those requirements. The Department of Public Works does not have concerns with the request but noted that this area contains underground utilities that the City will continue to have legal access to for maintenance, construction and repair of the faciiities requiring no easement acquisition. Traffic will not be impacted by the approval as the subject site is the only property serviced by the existing right-of-way and the approval of the vacation will allow the Housing Authority to meet funding requirements for completion of future redevelopment of the properties. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its January 6, 2015 meeting. Approved, � ��---��-�- City Manager � ,---,30.0. � � -�, � `�--� �� ^ : - ; ,zo.o ^ o: � N ❑ 130P .—i `�i m.. �_ �— n ':� � 3 �o� —, �ao.a � � s � ; ; �� ,zo.o• �.--�`— m 3 _^w� —t o.a � � ;� o Z i 222 �� I _...._ .. " - 389A'� � � , . . � _ � � E NEVADAAV E N EVADA AV �: �=----�r----- `"s9.r �a�.s� 251 - 128.7�� --' Q � G � _._. { �, . —1 � 3 �� f_:� ;. ,zo.o� ----- � �_.—.� _r-- U � ��h y�� ? i;.— - �� _ b � �Q � � � i p i � . 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They may show the , approximate rela6ve locafion of property, boundaries and other feature from a variety of sources. Printing D2te:12/29/2014 01HKOlH � These map(s)ldatasets are provided for information purposes only and may not be suficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS" without prepared by:City of Oshkosh,WI oNTMEwA� warranBes of any kind antl the City of Oshkosh assumes no liability for use a misuse. J:\GISIGIS_Base_Maps\Planning Base Map.mxd User.dadeneb ITEM: PARTIAL STREET VACATION OF THE 1400 BLOCK OF MOUNT VERNON STREET BETWEEN EAST CUSTER AVENUE AND HARRISON STREET Plan Commission meeting of January 6, 2015 GENERAL INFORMATION Petitioner: Oshkosh Housing Authority Owner: City of Oshkosh Actions Requested: The Oshkosh Housing Authority requests the partial vacation of the 1400 block of Mount Vernon Street between East Custer Avenue and Harrison Street. The subject area is approximately 60 feet wide by 142 feet deep and 8,400 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 8,400 square feet of right-of-way starting at the northern right-of-way line of East Custer Avenue and terminating approximately 142 feet north. The land proposed to be partially vacated is intended to be utilized as part of the proposed redevelopment of the former Lenox Candle Factory. The surrounding area has a mix of various uses including residential, commercial and manufacturing along Harrison Street, and residential uses along the south side of East Custer Avenue. Sub'ect Site Existin Land Use ' Zonin Public Ri ht-of-Way M-2 & C-1PD Ad'acent Land Use and Zonin Existin Uses ' Zonin North Public Ri ht-of-Way M-2 & C-1PD South Public Ri ht-of-Way M-2, R-3& C-1PD East Former Lenox Candle Facto C-1PD West Vacant M-2 Com rehensive Plan Land Use Recommendation Land Zlse 10 Year Land Use Recommendation Industrial 20 Year Land Use Recommendation Industrial ANALYSIS The Oshkosh Housing Authority is requesting a partial street vacation of Mount Vernon Street north of East Custer Avenue. The area to be vacated is approximately 60 feet wide by 142 feet deep and 8,400 square feet in area. The properties adjacent to the partial street vacation are owned by the Oshkosh Housing Authority and contain the former Lenox Candle Factory buildings to the east and a small triangular vacant lot to the west. The remaining right-of-way north of the proposed partial street vacation will be retained by the City of Oshkosh for potential future storm water management. The Oshkosh Housing Authority plans to redevelop the former Lenox Candle Factory buildings east of the proposed partial street vacation. The applicant has stated the partial street vacation is necessary to apply for special funds available through Wisconsin Economic Development Corparation(WEDC). The funding is provided to assist with the renovation of property that is over five (5) acres in size. Should the request for the partial street vacation be granted,the future redevelopment site would exceed the five (5) acre requirement and allow the petitioner to apply for special funds to redevelop the site. The Department of Public Works does not have concerns with the vacation but noted this section of Mount Vernon Street currently contains underground public utilities. Per State Statute, the City will continue to have legal access to the facilities for maintenance, construction and repair of the facilities (WI State Stats. 66.1005(2)(a)), therefare no easements will be necessary. Staff supports the partial street vacation request, as proposed. Traffic in the area will not be impacted by the partial street vacation, as the subject site is the only property serviced by the existing right-of-way. Additionally, the proposed partial street vacation will provide necessary acreage to meet potential funding requirements to complete future redevelopment of the petitioner's properties. RECOMMENDATION/CONDITIONS Staff recommends approval of the partial vacation of the 1400 block of Mount Vernon Street between East Custer Avenue and Harrison Street as requested. The Plan Commission approved of the partial vacation of the 1400 block of Mount Vernon within the area noted as requested. The following is the Plan Commission's discussion on this item. Ms. Williams presented the request and reviewed the site and surrounding area as well as the land use and zoning classifications in said area. She explained the reasoning for the partial street vacation request and reviewed the site plan depicting the area to be vacated. She further explained the Housing Authority's plans to redevelop the site and the requirement that the property be more than five acres in size for the entity to qualify for funding assistance through Wisconsin Economic Development Corporation. She further stated that the Department of Public Works has reviewed the request and has no concerns with the vacation but will retain access to the property for maintenance and repair of public utilities that are located underground in this location. Iteml—Partial Street Vacation of the 1400 Block of Mount Vernon Street 2 Mr. Thoms questioned if the City Attorney had reviewed this request and questioned the legality of it if the City was vacating the area only for the purpose of allowing the Oshkosh Housing Authority the ability to gain access to state funds for redevelopment of the adjacent site. Mr. Buck responded that the City Attorney had reviewed this request and explained some of the history of the site which at one time had multiple users. The Housing Authority is the sole owner of the adjacent property to the proposed vacation area and although this small portion of right-of- way may have served a purpose in the past, it no longer functions as an active street. The vacation of the right-of-way would result in no further maintenance being required by the City. Mr. Borsuk questioned why the City was not abandoning the entire street rather than just the southern portion. Mr. Buck responded that the City reviewed the site and explained the vacation process of half of the vacated area being disbursed to each adjacent property owner. In this case, the northern portion of the street would be divided with half disbursed to the Housing Authority and the other half remaining in possession of the City. He further explained the desire of the Department of Public Works to retain this portion of the street for future storm water detention purposes. Steve Gohde, Assistant Director of Public Works, gave further explanation of why the City desired to retain as much area as possible to the north of the area designated under this vacation request for storm water management and maintaining it as right-of-way. Mr. Thoms stated that the City still has to maintain the northern portion of this area and the whole street could be vacated with an agreement that the Housing Authority deed a portion back to the City for the necessary storm water management area. This would eliminate the street maintenance for the City. Mr. Gohde responded that City crews will eliminate the northern portion of the street once the southern area has been approved for vacation and it would be returned to turf so no street maintenance would be necessary. Mr. Cummings added that this portion of Mount Vernon Street was not actually an active street but a turnaround area only. Mr. Gray stated that the existing factory structure was in a planned development area and questioned if there was an existing planned development for the site or if a new planned development was proposed. Ms. Williams indicated that there was no application for a planned development at this time however the Housing Authority may submit plans at a later date for the site. Su van Houwelingen, Executive Director of the Oshkosh Housing Authority, stated that she was present if the Commission members had any questions relating to this request. Mr. Gray questioned what the timeline was for redevelopment of the site. Iteml—Partial Street Vacation of the 1400 Block of Mount Vernon Street 3 Ms. van Houwelingen responded that at this point the Housing Authority had applied for historical designation for the property however a timeline had not yet been established for redevelopment and that they may come back to the Commission later in 2015 for approval of any redevelopment plans. Motion by Bowen to approve the partial street vacation of the 1400 block of Mount Vernon Street between E. Custer Avenue and Harrison Street. Seconded by Vajgrt. Motion carried 8-0. Iteml—Partial Street Vacation of the 1400 Block of Mount Vernon Street 4