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Home My WebLink About04. 17-444 SEPTEMBER 12, 2017 17-444 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SETTING PUBLIC HEARING DATE TO VACATE ALLEY WEST OF SOUTH MAIN STREET BETWEEN 7TH & 8TH AVENUE INITIATED BY: COMMUNITY DEVELOPMENT PLAN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: Alley West of South Main Street Between 71h and Stn Avenue, (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, October 24, 2017 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: Alley West of South Main Street Between 71h and 81h Avenue, (per the attached "Exhibit A") EXHIBIT A ALLEY VACATION-WEST OF S MAIN STREET BETWEEN W. 7TH AND W. 8TH AVENUES PART OF BLOCK 8 OF THE PLAT OF THE ORIGINAL THIRD WARD, LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 22 OF SAID BLOCK 8 OF THE PLAT OF THE ORIGINAL THIRD WARD;THENCE N89°16'08"W, 20.00 FEET ALONG THE EXTENDED SOUTH LINE OF SAID BLOCK 8 TO THE SOUTH EAST CORNER OF LOT 19 OF SAID BLOCK 8; THENCE N00°00'08"W, 180.00 FEET ALONG THE EAST LINES OF LOTS 19 AND 8 OF SAID BLOCK 8 TO THE NORTHEAST CORNER OF SAID LOT 8; THENCE S89°16'08"E, 20.00 FEET ALONG THE EXTENDED NORTH LINE OF SAID BLOCK 8 TO THE NORTHWEST CORNER OF LOT 9 OF SAID BLOCK 8; THENCE S00°00'08"E, 180.00 FEET ALONG LOTS 9, 10, 11, 20, 21, 22 OF SAID BLOCK 8 TO THE POINT OF BEGINNING. SAID AREA CONTAINS 3,600 SQUARE FEET OR 0.826 ACRES, MORE OR LESS. TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: September 7, 2017 RE: Approve Setting Public Hearing Date to Vacate Alley West of South Main Street Between 7th Avenue and 8th Avenue (Plan Commission recommends approval) BACKGROUND Council previously approved setting a Public Hearing date to vacate the alley west of S. Main Street between 7th Avenue and 81h Avenue. The incorrect date was entered in the resolution for the Public Hearing. Staff is correcting this error by having Council approve a new public hearing date scheduled for October 241h, 2017. Council is being asked to set a public hearing date for a proposed alley vacation of approximately 3,600 sq. ft. of alley right-of-way that was likely previously used for deliveries to former retail stores along S. Main Street. The subject 20 foot wide alley runs north to south from W. 7th Avenue to W. 8th Avenue on the west side of two lots fronting the 700 block of S. Main Street. The City's Redevelopment Authority owns the lots on both sides of the alley and the land will be added to the overall redevelopment site. 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 October 24th meeting. ANALYSIS The South Shore Redevelopment Area Project Plan was approved by the City in 2003 and included properties extending south from the Fox River, east of Oregon Street to the Pioneer Island and south to 91h Avenue. The properties on the west side of the 700 block of S. Main Street between 7t11 and 8th Avenue were acquired by the City between 2004 and 2007 and buildings were demolished, top soil was put in place and lots were seeded for future redevelopment. The Department of Public Works has determined that the alley is no longer used or needed and can be vacated and there are no city utilities located within the vacated alley so any rights to utility easements may be released. Traffic in the area will not be impacted by the alley vacation as the subject right-of-way area is no longer used. Additionally, City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us the proposed alley vacation will provide additional area for future redevelopment of the City - owned properties. FISCAL IMPACT Vacation of the right-of-way as proposed will not require expansion of city services and will likely result in additional taxable property area should the area develop in the future. RECOMMENDATION The Plan Commission recommended approval of the right-of-way vacation at its August 1, 2017 meeting. Respectfully Submitted, Darryn Burich Director of Planning Services Approved: Mark A. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us ITEM: RIGHT-OF-WAY VACATION OF ALLEY WEST OF SOUTH MAIN STREET BETWEEN 7rH AVENUE AND 8TH AVENUE Plan Commission meeting of August 1, 2017 GENERAL INFORMATION Petitioner/Owner: City of Oshkosh Actions Requested: The petitioner is requesting the vacation of a 20 foot wide, 180 foot long alley that runs behind properties fronting the west side of the 700 block of S. Main Street. 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 3,600 sq. ft. of right-of-way that was likely previously used for deliveries to former retail stores along S. Main Street. The subject 20 foot wide alley runs north to south from W. Th Avenue to W. 8th Avenue on the west side of two lots fronting the 700 block of S. Main Street. The City's Redevelopment Authority owns the lots on both sides of the alley and the land will be added to the redevelopment site. Subject Site Existing Land Use Zoning Undeveloped Public Right -of -Way UMU Adjacent Land Use and Zoning Existing Uses Zoning North West 711, Avenue UMU South West 8th Avenue CMU -PD East Undeveloped UMU West Undeveloped UMU Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Mixed Use 20 Year Land Use Recommendation Mixed Use ANALYSIS The South Shore Redevelopment Area Project Plan was approved by the City in 2003 and included properties extending south from the Fox River, east of Oregon Street to the Pioneer Island and south to 9th Avenue. The properties on the west side of the 700 block of S. Main Street between 7th and 8th Avenue were acquired by the City between 2004 and 2007 and buildings were demolished, top soil was put in place and lots were seeded for future redevelopment. According to the Public Works Department, the alley is no longer used or needed and can be vacated. Public Works is requesting, however, that the City and any other utility facilities have the right to maintain existing utilities within the vacated alley. Staff supports the street vacation request as proposed. Traffic in the area will not be impacted by the alley vacation, as the subject right-of-way area is no longer used. Additionally, the proposed alley vacation will provide additional area for future redevelopment of the City -owned properties. RECOMMENDATION/CONDITIONS Staff recommends approval of the right-of-way vacation of the alley west of S. Main Street between W. Th Avenue and W. 81h Avenue as requested. The Plan Commission approved the right-of-way vacation of the alley west of S. Main Street between W. Th Avenue and W. 811, Avenue as requested. The following is the Plan Commission's discussion on this item. Mr. Slusarek presented the item and reviewed the site and surrounding area and stated that the adjacent properties are owned by the City of Oshkosh Redevelopment Authority and that the vacated area would be added to the sites. He further explained that the Department of Public Works is requesting to allow the City to have the right to maintain existing utility facilities that may be located in the vacated area. Mr. Hinz questioned if there would be a trend to vacate this alley in other locations as it continues along S. Main Street through a number of streets to the south. Mr. Burich responded that the alley to the south provides access to buildings from the alley and therefore it would need to be maintained as it currently exists. Mr. Thorns questioned if the alley area is currently seeded or if pavement would have to be removed following the approval of the vacation. Mr. Slusarek replied that the area is already seeded and is currently a grassed area. Mr. Gohde stated that there was a misunderstanding regarding the City wanting to maintain rights to the vacated area for the purpose of utility facilities and that the intent was for the City to Item—Alley Vacation West of 700 block S. Allain St. release the rights for the utilities in this location as the City has no utility facilities in that location and to maintain the rights for this area would impede development on the sites. He suggested adding a condition to this request for the release of City utility easements rights within the vacated area. Mr. Hinz questioned if the city was maintaining ownership of the vacated area. Mr. Burich responded that since the adjacent properties on both sides of the vacated area are currently owned by the City's Redevelopment Authority, the vacated alley would be disposed of to the City to add to the vacant parcels. Motion by Vajgrt to approve a right-of-way vacation of an alley located west of S. Main Street between 71h Avenue and 81" Avenue with the following condition: 1. The release of City utility easement rights within the vacated area. Seconded by Hinz. Motion carried 8-0. Item— Alley Vacation West of 700 block S. Alain St. The South Shore Redevelopment Area Project Plan was approved by the City in 2003 and included properties extending south from the Box River, east of Oregon Street to the Pioneer Isl<u-id and south to 9th Avenue. Properties on the west side of the 700 Block of South Main Street between 7th and. 8th Avenues were acquired by the City between 2004 and 2007 and buildings were demolished, top soil was put in place and the lots were seeded for future redevelopment. There is an existing 20 +/- foot wide alley flat runs behind the properties fronting on South Main Street that was probably used for deliveries to the former retail stores along Main Street. In checking with the Public Works Department, the alley is no longer used or needed and can be vacated. Public Works is requesting, however, that the City and any other utility facilities have the right to maintain existing utilities within the vacated alley. The Redevelopment Authority owns the lots on both sides of the alley and the land will be added to the redevelopment site. Darlene Brandt Grants Coordinator I Community Development Department City of Oshkosh PH: 920.236.5029 Entail: dbrandt@ci.oshkosh.wi.us The alley is 20' wide by 180' long. Jeffrey L. Nau Associate Planner/GIS Specialist, Planning Services Division City of Oshkosh 920.236.5122 Follow us: Web I Facebook I Twitter rOshkosh 3 ALLEY VACATION 6TH WARD LLC DONS AUTO BODY INC BETWEEN 7Ti{ & 8T]' AV 15 STERLING AVE 18 W 7TH AVE PC: 08--01-17 OSHKOSH WI 54901-4569 OSHKOSH WI 54902-6042 REDEVELOPMENT AUTH CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54903-1130 2 Yy-7T4+Ay SOU SOU 000 3 SO.b SOU i 17.05 7742a 38�� :�2f�822.'$z..�#32$: 828x_830 832 � m -9TH-AV The City of Oshkosh creates and maintains GIS maps and data for its own use. They may sharp the approximate relative ballon of property, boundaries and other feature from a variety of sources. These map(sydatasets are proVided for information purposes only and may not be suffidenl or appropriate for legal, engineering, or surveying purposes, They are provided 'ASIS' vrithout warranties of any kind and the City of Oshkosh assumes no liabilly for use or misuse, JAGW[anningftn Commissbn Sir Plan flap Templa:elPlan Comm:ss;on Site Pian Map Template.mxd V N lin=0.02 mi 1 in =100 ft� max' Printing Date: 7113/2017 Ctiy Oshkosh Prepared by: City of Oshkosh, WI Q3}'603 Lccnn� i l wu w U :s1 eaa toiv-40 100.0' N r F c b ' Ki y; m Yy-7T4+Ay SOU SOU 000 3 SO.b SOU i 17.05 7742a 38�� :�2f�822.'$z..�#32$: 828x_830 832 � m -9TH-AV The City of Oshkosh creates and maintains GIS maps and data for its own use. They may sharp the approximate relative ballon of property, boundaries and other feature from a variety of sources. These map(sydatasets are proVided for information purposes only and may not be suffidenl or appropriate for legal, engineering, or surveying purposes, They are provided 'ASIS' vrithout warranties of any kind and the City of Oshkosh assumes no liabilly for use or misuse, JAGW[anningftn Commissbn Sir Plan flap Templa:elPlan Comm:ss;on Site Pian Map Template.mxd V N lin=0.02 mi 1 in =100 ft� max' Printing Date: 7113/2017 Ctiy Oshkosh Prepared by: City of Oshkosh, WI 1M A RMU-PD W 7TH AV 0 R•10 I CMU•PD y,yJ� I]/ t CMILU F � W 10TH i-1 U --I — - I I MU -PD R E 10TH AV _= -= mi r_} rr�a , tr r -'y rr \ ^r fa >•� ;.}* '3 ! , -_- 1 in = 0.05 miJr r ::. _. lin=250ft101, 1 -: ; The City of Oshkosh creates and maintains GIS maps and data V its oam use. They may shag the t.ilY approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date: 711312017 These mop(sydatasets are provided for information purposes only and may not be sufficient or appropriate for Dal, engineering, or surveying purposes. They are proMed 'AS -IS' without Prepared by: City of Oshkosh, WI Oshkosh warranties of any kind and the City of Oshkosh assumes no Wiry for use a misuse. Templateu7lan Commllssbn Site Plan Nap I1 -r to