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HomeMy WebLinkAbout02. 16-222MAY 10, 2016 16-222 RESOLUTION (CARRIED___7-0___LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE FINAL RESOLUTION VACATING PORTION OF NORTHWESTERN AVENUE, EAST OF MADISON STREET INITIATED BY: CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common Council has heretofore initiated proceedings on March 22, 2016 at a regular meeting of the Common Council to vacate and discontinue a portion of Northwestern Avenue east of Madison Street, in the City of Oshkosh as described in the attached “Exhibit A”; 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 10th day of May, 2016 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 4 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 4th 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. MAY 10, 2016 16-222 RESOLUTION CONT'D Partial Street Vacation Portion of Northwestern Avenue East of Madison Street (per the attached “Exhibit A”) 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. EXHIBIT A Partial Street Vacation – Northwestern Avenue East of Madison Street PARTIAL NORTHWESTERN AVENUE VACATION PART OF NORTHWESTERN AVENUE LOCATED IN THE SOUTHEAST ¼ OF THE NORTHWEST ¼ 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 ½ OF SAID SECTION 24; THENCE 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 FEET ALONG 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. MEMORANDUM OfHKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: May 5, 2016 RE: Approve Final Resolution Vacating Portion of Northwestern Avenue East of Madison Street Approve Land Disposition of South Portions of Vacated Northwestern Avenue to YMCA (Plan Commission Recommends Approval) BACKGROUND Council is being asked to vacate 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. 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. Typically half of the vacated land goes to each adjoining property owner however in this case the City is the adjacent property owner as Roe Park is adjacent to the southern portion of the vacated area. Since the City has no practical use for their portion of the vacation, the City has agreed to dispose of the City's portion to the YMCA to recover some of their lost parking. In addition to disposition of the current right -of -way vacation, the YMCA is requesting a land disposition of an 18' by 23' section of vacated Northwestern Avenue which was previously vacated in 2000 and contains paved street and public sidewalk and serves no real purpose to the functionality of Roe Park. The Parks Department has reviewed the proposed land dispositions and recommends approval with the condition that the existing public sidewalk along the south side of Northwestern Avenue remain in place. 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 and land disposition at its March 15, 2016 meeting. z R/spectfully Submitted, / X A"" Darryn Burich Director of Planning Services Approved, Mark Rohloff City Manager C -A krsx1 x "y. 4 0 i£ Q 0) M.r'4u. CF) O L TfLw°^"''t,*. mow.: I L0 N f r � r 0 0' . ill .b 51.5' 50 0' a ° 51.5' N z .74 r °' 3 1 cn N - co g_ N p C) sfr ° y O �v 5.0' ter. 104.20' Proposed o 0 Street Vacation co Additional Land 128.0' 8700' o Disposition from °2271 Roe Park NORTHWESTERN A 50.0' 13 Land Disposition 0 from Street Vacation CD M - x 50.0' 10.0' `t Roe Park .tome. 1 in =0.01 mi 1 in = 50 ft !.;.� . The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the "�"� approximate relative location of property, bouhdaries and other feature from a variety of sources. Printing Date: 3/4/2016 .IHKof H These map(s) /datasets are provided for information purposes only and may not be sufficient or o appropriate for legal, engineering, or surveying purposes. They are provided "A5 -IS" without Prepared by: City of Oshkosh, WI oN7HE WA TM warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. 5 n. yenn vrianning ease swap - den zu 14.mxa User. ITEM: PARTIAL STREET VACATION OF NORTHWESTERN AVENUE LOCATED ADJACENT TO 324 WASHINGTON AVENUE ITEM: 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. 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 112 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 112 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 Zoning Public Right-of-Way/Recreational (Roe Park) R -5, R -5PD Adjacent Land Use and Zoning Existing 'Uses Zoning North Institutional (YMCA) R -5PD, R -2PD South Recreational (Roe Park) R -5 East Institutional (YMCA) R -5PD, C -3PD West Public Right -of -Way (Northwestern Avenue) R -5PD, 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. RECOMMENDATIONICONDITIONS 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 for 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 for 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 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 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 Disposition 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 (0 07RKQJJ� ON THE WATER APPLICANT INFORMATION . City of Oshkosh General Application * *PLEASE TYPE OR PRINT USING BLACK INK ** Petitioner: Oshkosh Community YMCA Petitioner's Address: 324 Washington Avenue City: Oshkosh Telephone #: (920 ) 236 -3380 Fax: ( Other Contact # or Email: - r Status of Petitioner (Please Check): ✓]Owner aepresentative Denant ❑ Prospective Buyer Petitioner's Signature (required): Owner(s): City of Oshkosh Owner(s) Address: 215 Church Avenue Telephone #: ( 920) 236 -5000 Fax: ( city: Oshkosh Other Contact # or Email: Ownership Status (Please Check): ]Individual Trust Partnership MCorporation 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: WI Zip: 54901 Date: Date: State: WI Zip: 54901 Property Owner Consent: (required) By signature hereon, I/We 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 I)ivision foxincomplete submissions or other administrative reasons. Property Owner's Signature: TYPE OF REOUEST: Access Control Variance Easement Privilege in Street (identify) ✓ Other (identify) Partial right -of -way vacation of Northwestem Avenue and land disposition of City's portion of proposed vacation as well as a portion of Roe Park SITE INFORMATION Date: > Address/Location of Proposed Project: Eastern terminus of Northwestern Avenue Proposed Project Type: Renovation, expansion and other site improvements for the Downtown YMCA Current Use of Property: Street Right -of -Way (Northwestern Avenue) Zoning: C_3 Land Uses Surrounding Your Site: North: Institutional (YMCA parking lot) South: Park (Roe Park) East: Institutional (YMCA parking lot) West: Public Right -of -Way (Northwestern Avenue) A 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_pevelopment/Planning.htm staff Date Rec'd 0 �227Aof _ _ 2278; { O C Oi N 51.5' m 50.0' r L . _; C 0 T— T- o 3.74' 51.5' - cn 00 — T N O © 4 Q g 5.0 4 00 �' ! o........... 104.20' Propose4NORTHWESTERN Street VacaAdditional Land 128.0' 87.000, Disposition from � 22.71' Roe Park Land Disposition 0 from Street Vacation 50.0' / bo x" 10.0' ��,` >'� � Fark✓ �; ,�. II H:'jeffnRanning Base Map -Jeff 2014.mxd Us PARTIAL ST VAC /LAND 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 pill N1 Nim-IN'TaTel giffilifflym •• :• i1i OSHKOSH WI 54903 -2808 0 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 )Idatasets 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 City of Oshkosh assumes no liability for use or misuse. Map Template.nd N 1 in = 0.01 mi 1 in =75ft Printing Date: 3/4/2016 Prepared by: City of Oshkosh, WI I Of tHKOfH ON THE WATER Fd r Z HIM I C =1 f} xl T © I _.- .. C -3PD ,.... _. ,�. LAND DISPOSITION ,, SUBJECT SITE C 3PD` n, -z'3 T 4Y4 .r t. C -3D0 l }'!r� 4 R —Lr/ ' ' ,/ t, t t I j C -3D4PD ' ,'',R`4rM C -3PD ; lI C -3PD f i F 1 i f ` . M -2DQ`i M -2 -� 7a M 2`.. ) ty,,L.;m; R =3PD R1 BPD o R-1 r11 V r 1 �� rat r zt 1 in = 0.13 mi N �. 1 in = 700 ft The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the / J approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date: 3/4/2016 Of H H These map (s) /datasets are provided for information purposes only and may not be sufficient or I\V appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS" without Prepared by: City of Oshkosh, WI ON THE WATER warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. J: \GIS\Planning \Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Templato.mxd User: deborahf i -- _ .— ST VACATION SUBJECT SITE LAND DISPOSITION SUBJECT SITE Jy J 1 t . Al Y A- N 9MTHWESTERN 1in= 0.01mi 1 in =75 ft 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. Printing Date: 3/4/2016 Of HKOf H These map(s) /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 Prepared by: City of Oshkosh, WI ON THE WATER warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. J: \GIS \Planninq \Plan Commission Site Plan Map Template \Plan Commission Site Plan Map Template.mxd User: deborahf