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Home My WebLink About07. 16-120MARCH 22, 2016 16-120 RESOLUTION (CARRIED___7-0____LOST_______LAID OVER________WITHDRAWN_______) PURPOSE: APPROVE SETTING PUBLIC HEARING DATE TO VACATE PORTION OF NORTHWESTERN AVENUE EAST OF MADISON STREET INITIATED BY: COMMUNITY DEVELOPMENT 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: Portion of Northwestern Avenue East of Madison Street, (per 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, May 10, 2016 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: Portion of Northwestern Avenue East of Madison Street, (per the attached “Exhibit A”) �XHI�i�� H Partial Street Vacation — Northwestern Avenue East of Madison Street PART OF NORTHWESTERN AVENUE LOCATED IN THE SOUTHEAST '/4 OF THE NORTHWEST'/4 OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, FOURTH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE CENTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE S89°47'01 "W, 241.81 FEET ALONG THE SOUTH LINE OF THE NORTH '/2 OF SAID SECTION 24; THEIVCE N00°21'13"W, 403.91 FEET TO THE SOUTHEAST CORNER OF NORTHWESTERN AVENUE AND POINT OF BEGINNING; THENCE CONTINUING N00°21'13"W, 36.00 FEETALONG THE EAST RIGHT-OF-WAY LINE OF SAID NORTHWESTERN AVENUE TO THE NORTHEAST CORNER OF NORTHWESTERN AVENUE; THENCE S89°38'47"W, 87.00 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF NORTHWESTERN AVENUE; THENCE S00°44'37"E 36.00 FEET ALONG THE EXTENDED EAST RIGHT-OF-WAY LINE OF MADISON STREET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHWESTERN AVENUE; THENCE N89°38'47"E 86.75 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF NORTHWESTERN AVENUE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 3,128 SQUARE FEET OR 0.072 ACRES, MORE OR LESS. 000� z c.� r.�jNM0�0 � � 3 3 3 m= ¢"�� ^�� wN1'�d�i"7 Zoo�om 0000m JzN(/]Z unun J J J J �.i i a � � � � w � 1S 4'd0�18 �w > la � ----�r-• �=I � I�� 0 I�� o � > � � 1 �� J > Q Z � H � � � � O Z 1S 4b'02i8 l6 "�Ot � � M„� l, l Z.00 N b� bl I SI �I 6+ �f bl 'I �� • � Z z o � F LL.� � w U �wi �Qa � ~ Z � Q �.. O z e � (n N 3 N i Y° o A 4 i (n V o � � a � � �� T4o o W O� Q` l�i Z FZ Z� z Z wp Uv U -' -'' � a � a��3¢a _> � � v' �i O N (D z� �o - ��-z Z U � w lil � c� cn F— � O.IHKOlH oN n�e warea TO: FROM DATE: RE: MEMORANDUM Honorable Mayor and Members of the Common Council Darryn Burich Director of Planning Services March 17, 2016 Approve Setting Public Hearing Date to Vacate Portion of Northwestern Avenue East of Madison Street (Plan Commission Recommends Approval) BACKGROUND Council is being asked to set a public hearing date for a proposed vacation of approximately 3,132 square feet of right-of-way starting at the eastern right-of-way line of Madison Street and terminating approximately 87 feet east. The land proposed to be partially vacated is intended to be utilized as part of the proposed redevelopment of the Oshkosh Community Downtown YMCA who is also requesting the City to dispose of the southern portion of the proposed vacation area to their facility as well as an additional 414 square foot section of previously vacated Northwestern 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 May 10tn meeting. The land disposition request will also be presented for consideration by the Council at this time. ANALYSIS The Oshkosh Community YMCA approached the City to vacate the subject portion of Northwestern Avenue right-of-way as part of their renovation and site improvements of their downtown facility. Plans provided show demolition of a significant part of the existing building and construction of new additions to the remaining structure which will result in the loss of a number of parking stalls. A portion of the lost stalls will be regained by utilizing the proposed vacated right-of-way into their parking lot redesign and the section of right-of-way is no longer necessary for street purposes. The Department of Public Works has reviewed the proposed vacation and does not have any concerns with this request but requires retention of full utility easements within the former right-of-way as there is active sanitary, storm sewer and water main present in this area. FISCAL IMPACT No fiscal impact is anticipated other than with the street being vacated the city will no longer have to maintain the street. RECOMMENDATION The Plan Commission recommended approval of the partial street vacation at its March 15, 2016 meeting. Respectfully Submitted, � �� Darryn Burich Director of Planning Services Approved, �� Mark Rohloff City Manager i'arti.�l �`larfi��r�.:st-�r�t �\`r��i��a:.� `J.�.,.iti��t a��:3 ! .��►� �3��;.�;,�tt:►:;tr 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(s)/datasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purpases. They are provitled "AS-IS" without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. N � 1 in=0.01 mi 1in=50ft P�inting Date: 314/2016 Prepared by: City of Oshkosh, WI � O.f HKO.f H ori �e wa�a 5 H:ljeffnlPlanning Base Map - Jeff 2014.mxd User: jeffn ITEM: ITEM: PARTIAL STREET VACATION OF NORTHWESTERN AVENUE LOCATED ADJACENT TO 324 WASHINGTON AVENUE LAND DISPOSITION OF THE SOUTH PORTIONS OF VACATED NORTHWESTERN AVENUE Plan Commission meeting of March 15, 2016. Council is only considering the partial street vacation at this time. The land disposition will be considered at the time of the second reading for the street vacation. GENERAL INFORMATION Petitioner: Oshkosh Community YMCA Owner: City of Oshkosh Actions Requested: The applicant requests the vacation of a portion of Northwestern Avenue public right-of-way and City land disposition of the south '/2 of two portion of vacated Northwestern Avenue. Applicable Ordinance Provisions: WI State Stats. 66.1003 regulate the discontinuance of a public right-of-way. Property Location and Background Information: The proposed right-of-way vacation involves an 87-foot by 36-foot, approximately 3,132 square feet of the easternmost portion of Northwestern Avenue right-of-way. The petitioner is also asking the City to dispose of the southern %2 of the proposed vacation to the YMCA, as well as an additional 18-foot by 23-foot, approximately 414 square foot section of vacated Northwestern Avenue vacated in 2000. The land to be vacated is to be utilized as part of proposed site and parking lot improvements to the Downtown YMCA. Subject Site Existing Land Use Public Right-of-Wav/Recreational �djacent Land Use and Zoning Existing Uses North '� Institutional (YMCA) South Recreational (Roe Park East Institutional (YMCA) West Public Ri�ht-of-Wav (1` Par orthwestern Avenue R-5, R-SPD Zoning R-SPD, R-2PD R-5 R-SPD, C-3PD R-SPD, R-5 ' Com rehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Parks & Recreation, Residential 20 Year Land Use Recommendation Parks & Recreation, Residential ANALYSIS — STREET VACATION The Oshkosh Community YMCA approached the City to vacate the subject portion of Northwestern Avenue right-of-way as part of their renovation and site improvements of the YMCA. Plans provided show demolition of a significant part of the existing building and construction of new additions to the remaining building. A number of parking stalls will be lost with the proposed reconstruction; a portion of the lost stalls will be regained by utilizing the proposed vacated right-of-way into their parking lot redesign. Upon review, staff determined that this section of right-of-way is no longer needed for street purposes and supports this vacation request. 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 utility easements within the former right-of-way as there is active sanitary and storm sewer and water main present. ANALYSIS — LAND DISPOSITION Whenever the City vacates a portion of right-of-way, typically half of the vacated land goes to one adjoining property and the other half goes to the opposite adjoining property. In this case, the YMCA will receive the northern half of the land in this vacation and the City will receive the southern half, and attach to Roe Park. Since the City has no practical use for their portion of the vacation and the YMCA can use the area to recover some of their lost parking, the City has agreed to dispose the City's portion of the vacation to the YMCA (Item B). In addition to the land disposition resulting from the proposed right-of-way vacation, the YMCA is also requesting a land disposition of an 18-foot by 23-foot section of vacated Northwestern Avenue vacated in 2000. This area contains the former paved street and public sidewalk and serves no real purpose to the functionality of Roe Park, therefore staff does not object to the second land disposition request. The Parks Department reviewed the proposed land dispositions and recommends approval of the dispositions. They did request that the existing public sidewalk along the south side of Northwestern Avenue remain in-place so it can be utilized by visitors to Roe Park. Representatives from the YMCA stated they do not have plans to remove the sidewalk. RE C OMMENDATI ON/C ONDITI ONS ITEM IA - Staff recommends approval of the partial vacation of Northwestern Avenue as requested with the following condition: Item — Northwestern Avenue Street Vacation & Land Disposition 1) The City retains full utility easements within the proposed vacated right-of-way. ITEM IB - Staff recommends approval of the land dispositions of vacated Northwestern Avenue as requested. The Plan Commission approved of the partial street vacation and land disposition as requested with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He also reviewed the subject site and described the 87 by 36- foot area proposed to be vacated and the area of the proposed land disposition which consists of the southern half of the proposed vacation area and an 18 by 23-foot section of Northwestern Avenue previously vacated in 2000. He explained the process of how vacated properties are disposed of to adjacent property owners and that the City does not have use for their portion of the proposed vacated area or the portion of previously vacated area. He discussed the reason for the request, which was to allow far renovations to the site in the future and reviewed conceptual plans for the renovations depicting that the right-of-way area proposed to be vacated would be utilized for parking stalls that would be lost due to the renovations and future re-design of the site. He stated that staff had no concerns with the proposal other than the retention of utility easements over the vacated right-of-way area and the Parks Department request that the existing sidewalk along the south side of Northwestern Avenue remain. He also reviewed the conditions recommended for these requests. Mr. Nollenberger questioned if there would still be public access to Roe Park from Northwestern Avenue. Mr. Buck responded affirmatively and displayed on the map the area in question and stated that access would still remain from Northwestern Avenue. Mr. Gray inquired if access to the YMCA parking lot from Northwestern Avenue will remain as Madison Street is a one way street. Mr. Buck replied affirmatively and indicated that all access points will be reviewed when the redevelopment plans move forward for the renovations to the site and the YMCA's parking lot also has access to both Merritt Avenue and Broad Street. Ms. Propp questioned if the Commission would see more exact street and driveway layouts relating to the Northwestern Avenue area when the renovation is reviewed for approval. Mr. Buck responded affirmatively. Ms. Propp then questioned if there were plans to vacate more right-of-way of Northwestern Avenue. _, Mr. Buck responded negatively and indicated that this would not be possible at this time as there were several residential properties to the west that require access to the right-of-way. Item — Northwestern Avenue Street Vacation & Land Disposition Mr. Bowen inquired about the parcel with an R-5 zoning designation that was adjacent to Northwestern Avenue that appeared to be a parking lot and questioned if this parcel belonged to the YMCA or if it was possible to utilize this area far additional parking for the facility. Mr. Buck responded that he was not aware of the owner of that parcel and further discussed the possibilities of vacating any additional area of Northwestern Avenue. Lester Millette, 1960 Lennox Street, representing the YMCA, discussed their renovation plans which included utilizing this area for additional parking stalls. He also explained that the facility would be providing child care near the front of the building which could be more hazardous in regard to direct traffic in this area and the transfer of children from vehicles to the facility would be safer by utilizing this area for parking rather than roadway purposes. Mr. Gray suggested that the YMCA attempt to create some green space in this area when the site is renovated. Mr. Millette responded that there are plans to include green space as part of the site renovation. Mr. Gray commented about the storm water runoff from the site and his concerns with the amount of concrete in this area. Motion by Vajgrt to approve the partial street vacation of Northwestern Avenue and the land disposition for the south portions of vacated Northwestern Avenue for properry located adjacent to 324 Washington Avenue with the following condition: 1) The City retains full utility easements within the proposed vacated right-of-way. Seconded by Bowen. Mr. Gray opposed the motion as he felt the items should be voted on separately. Motion by Propp to amend the motion to separate the two actions and approve the partial street vacation of Northwestern Avenue for property located adjacent to 324 Washington Avenue with the following condition: 1) The City retains full utility easements within the proposed vacated right-of-way. Seconded by Vajgrt. Mr. Nollenberger mentioned that he was a member and donor to the YMCA and questioned if this would prevent him from voting on this request. It was determined that this relationship did not constitute a conflict in interest in this circumstance. Motion carried 7-0. Motion by Vajgrt to approve the land disposition for the south portions of vacated Northwestern Avenue located adjacent to 324 Washington Avenue. Seconded by Propp. Item — Northwestern Avenue Street Vacation & Land Disposikon Mr. Gray stated that since the land disposition is a larger area than the area of the proposed right- of-way vacation that it should be so noted in the motion. Mr. Vajgrt was agreeable to amending the motion to reflect this aspect. Motion by Vajgrt to approve the land disposition for the south portion of vacated Northwestern Avenue as well as the formerly vacated portion of Northwestern Avenue located adjacent to 324 Washington Avenue. Seconded by Propp. Motion carried 7-0. Item — Northwestern Avenue Street Vacation & Land Disposition � o.n-�� ON THE WATER APPLICANT INFORMATION City of Oshkosh General Application **PLEASE TYPE OR PRINT USING BLACK IlVK** Petitioner: Oshkosh Community YMCA Petrhoner°s Aa�ress: 324 Washington Avenue �1�,: Oshkosh Telephone #: (920 ) 236-3380 Fax: ( ) Other Contact # or Email: r Status of Petitioner (Please Check): Q✓ Owner �Representative �Tenant QProspective Buyer Petitioner's Signature (required): OWNER INFORMATION Owner(s): City of Oshkosh o�er�s) Aa�-ess: 215 Church Avenue SUBMIT TO: Dept of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236-5059 Date: 3/1/2016 State: � Zip: 54901 Date: Date: City: Oshkosh State: � Zip: 54901 Telephone #: ( 920 ) 236-5000 Fax: ( ) Other Contact # or Email: Ownership Status (Please Check): QIndividual �Trust QPartnership �Corporation Property Owner Consent: (required) By signature hereon, UWe acknowledge that City officials and/or employees may, in the performance of theu 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 Servic,�s Iaivision fo�,incomplete submissions or other administrative reasons. Property Owner's Signature: il/ � � Date: > ( � TYPE OF RE UEST: Access Control Variance . Easement Privilege in Street (identify) ✓ ��lei �1dC2111�� Partial right-of-way vaption of Northwestem Avenue and Iand disposition of City's portion of proposed vacation as well as a portion of Roe Park SITE INFORMATION Address/Location of Proposed Project: Eastem terminus of Northwestem Avenue Proposed Project Type: Renovation, expansion and other site improvements for the Downtown YMCA Current Use of Property: Street Right-of-Way (Northwestern Avenue) Zp� C-3 g' — Land Uses Surrounding Your Site: North: Institutional (YMCA parking lot) South: Park (Roe East: Institutional (YMCA parking lot) West: Public Right-of-Way (Northwestem Avenue) ➢ 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-REFLJNDABLE For more information please visit the City's website at www.ci.oshkosh.wi.us/Community DevelopmentJPlanniiig.htm Staff Date Rec'd � i 227Ai � ��278' o r' �o � i � I^ O � '� � � ' . �� I , � � 51.5' 51.5' Proposed Street Vacation 128.0' : � �� :; � �� ; � ��! � r � �� O ..- .:, I O ��.�� . � 50.0' � a � �---� v cn � r' . ° I c°� 3.74' O — z � � (— '-� i r-----� 0 0 �o � � � � � � � i� � 1.—=—j o '—'—, ' _ � � 104.20' NORTHWESTERN Land Disposition 0 from Street Vacation � � , � � = 0 � . � s7.00� 0 0 °�°22.7�� .°� Roe Park � , � �� ; : _ ,?arx,3��`1�r�i�,� ��f:.�r�� rr��«�a � y'1�a �#i_:�� a��:l � �� , � �s��;�.�3r.��:�:,tt�:��; ; The Ciiy of Oshkesh creates and main�ains GIS maps and data for its own use. They may show the approximate relative location of properry, boundaries and other feature from a variety of sources. These map(s)/datasets are provided for information purposes only and may not be su�icient or appropriate for legal, engineering, or suroeying purposes. They are provided "AS-IS" without warranties of any kind and the Ciry of Oshkosh assumes no liability for use or misuse. H:\jefinlPlanning Base Map - Jeff 2014.mxd � � � � N �o � �0 N T r Additional Land Disposition from Roe Park � �� s� � i�� N 1 in = 0.01 mi � 1 in=50ft ,�� f� ��=a_:�� Printing Date: 3I412016 O.fHKOlH Prepared by: CityofOshkosh, WI °""'E"""�" --7 ll' User.jeftn 62.0' I PARTIAL ST VAC/ZAND DISP EAST TERMINUS NORTHWESTERN AV PC: 03-15-16 OSHKOSH COMMUNITY YMCA 324 WASHINGTON AV OSHKOSH WI 54901 CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54903-1130 WINNEBAGO COUNTY PO BOX 2808 OSHKOSH WI 54903-2808 0 � � ��, :F � � � � ��„` � � �. � � �` � ��, � �, ;w, _ � � ;,�; `°� � The City of Oshkash creates and maintains GIS maps and data for its own use. They may show the appropmate relative location of property, boundaries and other feature from a variety of sources. These map(s)/datasets are provided for information purposes only and may not be sufiaent a appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS" without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. Commission Site Plan Mao TemolaielPlan Commission Site Plan Mao Temolate.mxd N � 1 in =�0.01 mi 1 in=75ft Printing Date: 3/4/2016 Prepared by: City of Oshkosh, WI �k ofHKO.rH aN nie wnhn �� a�ti�� ST VACATION SUBJECT S1TE JI �`1 �� -� ��:� ��1 �a`� �1�1 . � � �F . The City of Oshkash creates and maintains GIS maps and data fa its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map(s)Idatasets are provided for informatibn purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are providetl "AS-IS" without warran6es of any kind and the City of Oshkosh assumes no liability for use or misuse. Siie Plan Map TemplatelPian Commission Site Pian Mao Temolate N � 1 in = 0.01 mi 1 in=75ft Printing Date: 3I4/2016 Prepared by: City of Oshkosh, WI � Q1HKOlH ow nie warEa User: debor ^ I I