#2 Public hearing and action on vacating portion of Pliny (Revised File Res. #2010-717)
Community Development Department Memorandum
Date: July 30, 2010
TO: Janesville City Council
FROM: Duane Cherek, Manager of Planning Services
SUBJECT: Public hearing and action on a proposed resolution vacating a portion of
Pliny Avenue south of Delavan Drive (File Revised Resolution No. 2010-
717).
________________________________________________________________________________
SUMMARY
The Community Development Department has received a request from JP Cullen &
Sons (JPC) to vacate a portion of Pliny Avenue south of Delavan Drive (see location
map). This portion of Pliny Avenue is unimproved and all property adjoining the street
segment is owned by the applicant. JPC has requested the vacation of this street
section in order to consolidate parcels of land under their ownership and better utilize
those lands for their construction operations. Since there are no street improvements or
future City plans to construct the street in this area, the applicant requests that this
portion of Pliny Avenue be vacated.
State statutes allow for vacation of right-of-way following review by the Plan
Commission and action by the City Council. Review by Plan Commission shall
determine the consistency of the proposed vacation with established City plans. There
is no scheduled public hearing before the Plan Commission.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommend that the
City Council support a motion to approve Revised Resolution No. 2010-717 vacating a
portion of Pliny Avenue south of Delavan Drive to the City Council with a favorable
recommendation subject to the reservation of a blanket utility easement for municipal
purposes over the right-of-way area proposed for vacation.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the Plan Commission and Community Development
Department recommendation.
SUGGESTED MOTION
A motion to approve Revised Resolution No. 2010-717 vacating a portion of Pliny
Avenue south of Delavan Drive subject to the reservation of a blanket utility easement
for municipal purposes over the right-of-way area proposed for vacation.
ANALYSIS
A. The right-of-way proposed to be vacated was originally dedicated by subdivision
plat in 1892. Following dedication of the street right-of-way, the railroad
established a line extending south and parallel to Delavan Drive. The railroad
corridor bisects Pliny Avenue and eliminates the opportunity for a through street
in this area. The existing right-of-way has never been improved and is currently
surrounded by industrial zoning and land use occupied by JP Cullen.
The City Administration has prepared the necessary resolution to vacate this
section of Pliny Avenue. Upon vacation, the right-of-way area will revert back to
the owner of land that immediately abuts the street section. In this case, JP
Cullen owns all property adjoining this section of Pliny Avenue.
B. The Community Development Department has reviewed the proposed vacation
to determine if it is consistent with established City plans. This portion of Pliny
Avenue is not needed for traffic circulation purposes and the City has no plans to
construct the street. The Comprehensive Plan designates this area as
appropriate for industrial use. The applicant’s recent acquisition of property
located on the west side of Pliny Avenue and its subsequent conversion to
industrial (storage yard) use as part of JPC’s construction operations is
consistent with the Comprehensive Plan.
C. The Planning and Engineering Departments have reviewed this request and find
that this unimproved portion of Pliny Avenue will not be needed for vehicular
traffic purposes or providing public access to properties in the area. However,
the Engineering Department indicates that the right-of-way corridor may be
needed to accommodate a future extension of public utilities, such as sanitary
sewer or storm sewer, to serve other properties or address municipal utility
needs south of the railroad. Therefore, staff supports the proposed vacation of
Pliny Avenue subject to the reservation of a blanket utility easement over the
right-of-way area.
D. 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 the right-of-way
area. Staff has sent notice to those utilities to confirm the need, if any, for
retaining public utility easements over the former right-of-way. To date, there has
been no indication from other utility providers that this will be required.
PLAN COMMISSION ACTION – 19 JULY 2010
Brad Cantrell, Community Development Director, presented the written staff report.
There was no discussion.
There was a motion by Commissioner Helgerson with a second by Commissioner
Voskuil to forward the proposed vacation of a portion of Pliny Avenue south of Delavan
Drive to the City Council with a favorable recommendation.
The motion carried on a 6-0-0 vote.
cc: Brad Cantrell
REVISED RESOLUTION NO. 2010-717
A resolution vacating a portion of Pliny Avenue south of Delavan Drive.
WHEREAS, an undeveloped portion of Pliny Avenue, hereinafter designated and previously
dedicated for right-of-way purposes is hereby determined to be no longer needed for public
use, and therefore, the public interest requires the vacation of such street portion; and
WHEREAS, it has been determined that the traffic flow will not be impeded by the vacation of
such street portion; and
WHEREAS, the proposed street vacation has 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 portion 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 portion be and is hereby vacated and
discontinued pursuant to 66.1003 and 62.22(lm), Wisconsin Statutes:
Located in Carrington’s Crown Addition, being in the NW ¼ of Section 6, Town 2 North, Range
13 East, City of Janesville, Rock County, Wisconsin, described as follows:
Commencing at the northeast corner of Lot 138 of said Carrington’s Crown Addition; thence,
southerly along the westerly platted right-of-way line of Pliny Avenue to the southeast corner of
Lot 131 of said Carrington’s Crown Addition; thence easterly, and parallel to the southerly lot
line of said Lot 131, 66 feet to the easterly platted right-of-way line of Pliny Avenue; thence
northerly along the easterly platted right-of-way line of Pliny Avenue to the southerly right-of-
way line of Delavan Drive; thence westerly to the point of beginning.
BE IT FURTHER RESOLVED that a blanket easement be retained by the City for municipal
utility purposes over the entire land area herein described for Pliny Avenue upon vacation.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Eric J. Levitt, City Manager
McDonald
Perrotto
ATTEST:
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
Truman
Voskuil
APPROVED AS TO FORM:
City Attorney Wald Klimczyk
Proposed by: Applicant
Prepared by: Community Development Department