#4 Public hearing and action to vacate portions of Riverside, Mill, South Pine and South Walnut streets (File Res. #2010-677)
Community Development Department Memorandum
Date: April 12, 2010
TO: Janesville City Council
FROM: Duane Cherek, Manager of Planning Services
SUBJECT: Public hearing and action on a proposed resolution vacating portions of
Riverside Street, Mill Street, South Pine Street and South Walnut Street
(File Resolution No. 2010-677).
________________________________________________________________________________
SUMMARY
The Community Development Department has received a request from Erik Thoresen,
Engineering Manager for Evonik Goldschmidt Chemical Corporation, to vacate portions
of unimproved streets south of Rockport Road and west of S. Palm Street (see location
map). Following the June 2008 flood, Evonik Industries acquired two residential
properties located northeast of the manufacturing plant and removed the existing homes
from the site. As a result, Evonik currently owns the surrounding parcels of land
adjoining the street sections south of Rockport Road with the exception of small parcel
owned by the City along Mill Street. The parcels of land under the applicant’s
ownership are divided by the unimproved streets which were originally platted in the
mid-1850’s. Evonik has requested the vacation of these street sections in order to
provide them with contiguous parcels and allow for the consolidation of property and
operations related to the manufacturing facility. State statutes allow for vacation of
right-of-way following review by the Plan Commission and action by the City Council.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommend that the
City Council support a motion to approve Resolution No. 2010-677 vacating
undeveloped portions of Riverside Street, Mill Street, South Pine Street and South
Walnut Street.
SUGGESTED MOTION
A motion to approve Resolution No. 2010-677 vacating undeveloped portions of
Riverside Street, Mill Street, South Pine Street and South Walnut Street.
ANALYSIS
A. The right-of-way proposed to be vacated was originally dedicated by subdivision
plat in the 1800s. The City Administration has prepared the necessary resolution
to vacate the remnant portions of the subject street sections. Upon vacation,
each one-half of the dedicated right-of-way area will revert to the owner of land
that immediately abuts the street section. In this case, Evonik Industries owns all
property adjoining streets proposed to be vacated with one exception – the south
side of Mill Street. In 2005, the city acquired a triangular-shaped sliver of land
along Mill Street so the public road in that location did not encroach onto private
property. Since the City has no interest or public purpose for maintaining
ownership of this strip of land without the adjoining Mill Street right-of way, staff is
recommending that it be conveyed by deed to the applicant concurrent with the
proposed street vacation. Action on the proposed conveyance of this property to
Evonik is listed as a separate item on this agenda.
B. As Map 2 illustrates, other vacations of portions of streets and alleys have
occurred on the property to the west. None of the streets proposed for vacation
have ever been improved, and the majority of this area is located within the 100-
year floodplain. Following the 2008 flood, Evonik purchased two residential
properties on adjoining parcels that were inundated by the flood and
subsequently demolished both structures (see Map 1). As a result, the
residences have been removed from the floodplain and the requested vacation of
these streets will not land lock any other privately held properties in this part of
the City. The legal description for the areas to be vacated were also described to
exclude those portions of the existing bike and pedestrian trail facilities that
extend along the frontage of Rockport Road and S. Palm Street.
C. Several actions are being coordinated in conjunction with the vacation of streets
on property affecting the Evonik site. The applicant is preparing a certified
survey map that will consolidate the numerous parcels under their ownership in
this location. The survey will provide an update to locating the various city
utilities that extend throughout the property and dedicate new easements where
those facilities exist. In addition, later this year the City will be constructing
improvements to the public storm sewer and drainage system extending along
Mill Street to more appropriately deal with public water running through the
Evonik site. These improvements will alleviate on-going maintenance issues and
costs associated with drainage ditch that extends through this industrial site.
D. The Community Development Department has reviewed the proposed vacation
to determine if it is consistent with established City plans. These portions of
streets are not needed for traffic circulation purposes and the City has no plans
to improve them, therefore vacation would be consistent with City plans. The
Comprehensive Plan designates this area as appropriate for industrial use. The
applicant’s recent acquisition and removal of residential properties in order to
combine these parcels and right-of-way areas with the adjoining industrial use is
consistent with the Comprehensive Plan. Staff also supports the Engineering
Department’s recommendation to retain a storm sewer and drainage easement
over the Mill Street right-of-way upon vacation. This would protect an open
drainage channel that exists within this area to allow for the conveyance of storm
water until other public improvements are constructed.
E. The City’s vacation of right-of-way does not relinquish the rights that other
private/public utilities may have to retain existing utilities within these areas. Staff
has sent notice to those utilities to confirm the need, if any, for retaining public
utility easements over the former right-of-way areas and there has been no
indication that this will be required.
PLAN COMMISSION ACTION – 5 APRIL 2010
Duane Cherek, Planning Services Manager, presented the written staff report. There
were no questions or discussion on this item. The Plan Commission unanimously
agreed to forward to the proposed vacation of undeveloped portions of Riverside Street,
Mill Street, South Pine Street and South Walnut Street to the City Council with a
favorable recommendation.
cc: Brad Cantrell
REVISED RESOLUTION NO. 2010-677
A resolution vacating undeveloped portions of Riverside Street, Mill Street, South
Pine Street and South Walnut Street.
WHERAS
, undeveloped portions of Riverside Street, Mill Street, South Pine Street and
South Walnut Street, hereinafter designated and previously dedicated for right-of-way
purposes are hereby determined to be no longer needed for public use, and therefore,
the public interest requires the vacation of such street portions; and
WHEREAS
, it has been determined that the traffic flow will not be impeded by the
vacation of such street portions; and
WHEREAS
, the proposed street vacations are not essential for use and the owner of
the adjoining properties desires to consolidate the parcels separated by the right-of-way
into one contiguous landholding to operate the existing industrial use on the site; and
WHEREAS
, combining the land area of the proposed street vacations with the adjoining
industrial use will promote economic development which is consistent with the
Comprehensive Plan; and
WHEREAS
, the proposed street vacations have been referred to the Plan Commission
for its consideration and report as required by 62.23(5), Wisconsin Statutes.
WHEREAS
, the public hearing was held on vacation of such street portions and notice
required by Wisconsin Statutes 66.1003 has been timely published and served; and
NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF JANESVILLE
that the following described street portions be and are hereby
vacated and discontinued pursuant to 66.1003 and 62.22(lm), Wisconsin Statutes:
Located in the NE ¼ of Section 2, Town 2 North, Range 12 East, City of
Janesville, Rock County, Wisconsin, described as follows:
Street Section I: That part of Riverside Street (formerly Claron Street), from the
west line of S. Palm Street to the northerly extension of the west line of Lot 167,
Miltimore’s Addition; said street being platted on Miltimore’s Addition, City of
Janesville, Rock County, Wisconsin.
Street Section II: That part of Mill Street, from the west line of S. Palm Street to
the Southerly extension of the west line of Lot 167, Miltimore’s Addition; said
street being platted on Miltimore’s Addition, City of Janesville, Rock County,
Wisconsin.
Street Section III: That part of S. Pine Street, from the south line of Mill Street to
the south line of a parcel described in Document No. 1315006 (for a bicycle /
pedestrian trail); said street being platted on Miltimore’s Addition, City of
Janesville, Rock County, Wisconsin.
REVISED RESOLUTION NO. 2010-677
PAGE 2
Street Section IV: That part of S. Walnut Street, from the south line of a parcel
described in Document No. 1315006 (for a bicycle / pedestrian trail) to the north
line of railroad property (said north line being measured 33 feet north of the main
track); said street being platted on Miltimore’s Addition, City of Janesville, Rock
County, Wisconsin.
BE IT FURTHER RESOLVED
that a storm sewer and drainage easement be retained
by the City over the entire land area herein described for Mill Street upon vacation.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: Applicant
Prepared by: Community Development Department
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