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Home My WebLink About12. 20-09 JANUARY 14, 2020 20-09 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CONDITIONAL USE PERMIT TO ESTABLISH AN INDOOR SALES USE AT 2837 BOWEN STREET INITIATED BY: BOWEN STREET LLC PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Plan Commission finds that the Conditional Use Permit to establish an indoor sales use on a previously developed lot at 2837 Bowen Street, is consistent with the criteria established in Section 30-382(F)(3) of the Oshkosh Zoning Ordinance; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit is hereby approved to establish an indoor sales use at 2837 Bowen Street, per the attached. • Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Services Manager DATE: January 9, 2020 RE: Approve Conditional Use Permit to Establish an Indoor Sales Use at 2837 Bowen Street (Plan Commission Recommends Approval) BACKGROUND The 0.74 acre site is located on the west side of Bowen Street, north of Nicolet Avenue. The site consists of an approximately 12,800 sq. ft. retail/storage building and associated paved parking area. The site is currently being used for storage purposes. The surrounding area consists predominantly of commercial and industrial uses along with residential uses to the east. ANALYSIS The applicant plans to use the existing building for storage of items acquired by their business, "Clear the Clutter". They are also proposing to use the eastern portion of the building for resale of various items of value. A Conditional Use Permit is required for the indoor sales component of the proposed use of the building. The existing site has a shared parking lot with the neighboring commercial property to the west, providing sufficient parking for customers and employees. The building had previously been used for retail purposes. No exterior changes are being proposed for the site except for a face replacement on the existing pylon sign cabinet to the north of the building. No outdoor storage/display has been proposed. The proposed indoor sales use as the use should not be detrimental to the surrounding area, provided all sales and storage items are enclosed within the building. RECOMMENDATION The Plan Commission recommended approval of a Conditional Use Permit with findings at its January 7, 2020 meeting. Respectfully Submitted, Approved: r/ r)Mark Lns Mark A. Rohloff Planning Services Manager 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: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST TO ESTABLISH AN INDOOR SALES USE AT 2837 BOWEN STREET Plan Commission meeting of January 7, 2020 GENERAL INFORMATION Applicant: Paula Hayford Owner: Bowen Street LLC Action(s) Requested: The applicant is requesting a Conditional Use Permit to establish an indoor sales use on a previously developed lot. Applicable Ordinance Provisions: Indoor Sales land uses are permitted only through a Conditional Use Permit in the Urban Industrial District (UI) as regulated in Section 30-61 (C) of the Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The 0.74 acre site is located on the west side of Bowen Street,north of Nicolet Avenue. The site consists of an approximately 12,800 sq. ft. retail/storage building and associated paved parking area. The site is currently being used for storage purposes. The surrounding area consists predominantly of commercial and industrial uses along with residential uses to the east. Subject Site: Existing Land Use Zoning Indoor storage/vacant commercial UI Adjacent Land Use and Zoning: Existing Uses Zoning North Vacant UI South Commercial/Industrial UI West Commercial UI East Residential MR-20 & MR-12 Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Plan Recommendation Mixed Use ANALYSIS The applicant plans to use the existing building for storage of items acquired by their business, "Clear the Clutter". They are also proposing to use the eastern portion of the building for resale of various items of value (furniture, antiques, decor, etc.). A Conditional Use Permit is required for the indoor sales component of the proposed use of the building. The existing site has a shared parking lot with the neighboring commercial property to the west with roughly 23 stall on the subject parcel, providing sufficient parking for customers and employees. The building had previously been used for retail purposes. No exterior changes are being proposed for the site except for a face replacement on the existing pylon sign cabinet to the north of the building. No outdoor storage/display has been proposed. Any outdoor storage or display of items as an accessory use must meet zoning requirements for incidental outdoor storage/display and would require a Conditional Use Permit if exceeding the maximum allowable area. Staff is in support of the proposed indoor sales use as the use should not be detrimental to the surrounding area, provided all sales and storage items are enclosed within the building. The Department of Public Works reviewed the proposal and did not note any concerns. RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Conditional Use Permit, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-382 (F)(3): (1) Is in harmony with the Comprehensive Plan. (2) Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. (3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. (4) The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. (5) The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts. Staff recommends approval of the proposed Conditional Use Permit for an indoor sales use at 2837 Bowen Street as proposed with the findings listed above. The Plan Commission approved of the Conditional Use Permit as requested with findings noted. The following is the Plan Commission's discussion on this item. Site Inspections: Report: Ms. Palmeri reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit to establish an indoor sales use on a previously developed lot. Item—CUP/Indoor Sales—2837 Bowen St. 2 Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The applicant plans to use the existing building for storage of items acquired by their business, "Clear the Clutter'. They are also proposing to use the eastern portion of the building for resale of various items of value. A Conditional Use Permit is required for the indoor sales component of the proposed use of the building. The existing site has a shared parking lot with the neighboring commercial property to the west, providing sufficient parking for customers and employees. The building had previously been used for retail purposes. No exterior changes are being proposed for the site except for a face replacement on the existing pylon sign cabinet to the north of the building. No outdoor storage/display has been proposed. The proposed indoor sales use as the use should not be detrimental to the surrounding area, provided all sales and storage items are enclosed within the building. The Department of Public Works reviewed the proposal and did not note any concerns. He said staff recommends approval of the proposed Conditional Use Permit for an indoor sales use at 2837 Bowen Street as proposed with the findings listed in the staff report. Mr. Fojtik opened up technical questions to staff. Mr. Mitchell asked if there were any requirements for lighting since there will be sales activities going on. Mr. Lyons replied since they are not making any exterior improvements,they would not be required to make any changes. Mr. Mitchell inquired about the timeframe for landscaping for the previously approved Conditional Use Permit at 2825 Bowen Street. Mr. Lyons replied it depends on the project and if the outdoor storage is implemented. He explained various scenarios and timeframes. Mr. Fojtik opened up the public hearing and asked if the applicant wanted to make any statements. There were no statements from the applicant. There were no public comments on this item. Mr. Fojtik closed the public hearing and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Kiefer to adopt the findings and recommendation as stated in the staff report. Seconded by Hinz. Mr. Fojtik asked if there was any discussion on the motion. Item—CUP/Indoor Sales—2837 Bowen St. 3 Ms. Palmeri commented that she hoped that there would not be an accumulation of items if there would be an exterior storage. Mr. Lyons said the applicant is not currently proposing any outdoor storage. He explained there are code requirements in place if the applicant chooses to implement outdoor storage. He said by right, industrial properties are allowed up to 500 square feet of outdoor storage when meeting the screening requirements. He said anything over 500 square feet would require the proper approval process, including approval from Plan Commission. Motion carried 9-0. Item—CUP/Indoor Sales—2837 Bowen St. 4 SUBMIT TO: AM City Of Oshkosh Application Dept.of Community Development Y PP 215 Church Ave.,P.O.Box 1130 ci'of Conditional Use Permit Oshkosh,Wisconsin54903-1130 Oshkosh PHONE:(920)236-5059 "PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION p � Petitioner. { ,L�- �- � yy�r Date: ( Petitioner's Address: -20 4- s Me L,)00A lk— City: State: LJ- 1—Zip: b-49bt Telephone #: (14 4--40 *I /A Email: 6 ), r Contact preference: V Phone ❑ Email Oy, Status of Petitioner (Please Check): ❑Owner ❑Representative ❑Tenant Prospective-B+dyet- Petitioner's Signature (required): Date: J. OWNER INFORMATION -� \ Owner(s): y`c; t(`aC� LSrC�ic;/�r �hLiil� �t �� 1 Date: Owner(s) Address: �� r7� �t City: State AL Zip: Telephone #: (`� Email ` "— Contact preference: Z�Phone ❑ Email Ownership Status (Please Check): C Individual ❑Trust ❑ Partnership ❑Corporatio(� tL, 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 Division for incomplete submissions or other administrative reasons. - Property Owner's Signature: -,f Date:/ SITE INFORMATION Address/Location of Proposed Project: Proposed Project Type: Current Use of Property: - Q ii'' L Zoning: Land Uses Surrounding Your Site: North: "Vac c�c�l.� South: l,i L - � a� East: `-sa ' i'lud" West: "Please note that a meeting notice will be mailed to all abutting property owners regarding your request. ➢ It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal. ➢ 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 the City's website at www.ci.oshkosh.wi.us/Community_Development/Planning.hfm Sign Staff Date Rec'd-AL)-1 11 Page 3 Proposal for Resale Business: Bowenstreet RePeats Owner: Paula Hayford 920-420-4718 Address of property: 2837 Bowen Street Current use of property: Vacant Commercial/Warehouse New lease for warehouse space to Kevin Hayford, owner of Clear the Clutter and south end of property owned by Casey Schultze, owner of Schultze Siding, Windows and Doors who has or had sublet a portion of their property to Piers to You, LLC(Karni Piers). Owner: Bowen Street, LLC :Steve Wruck I would like to use a small portion of the warehouse space that Clear the Clutter is newly leasing from Bowen Street, LLC. I will be using that space to re-sell the items of value (furniture, antiques, decor, etc)that Clear the Clutter acquires. A portion of the profits from each sale will be donated back to various organizations in the city or to individuals in need of immediate items after a disaster. The space has a working bathroom and window. We would upgrade the property aesthetically by cleaning up the interior and providing minimal sale hours. I will be the only owner/employee of the sales business.At this time the hours of operation will be on a part time basis. My plan is to have an open sign in the window when I am working in the building and to have regular open hours 2 or 3 times per month on possibly Thursday, Friday and Saturday.This will be determined in the future. Bowen Street is a fairly busy road for automobile traffic, but I do not predict increased traffic due to the part time nature of the business. I would hope to draw a variety of customers looking for quality used furniture, appliances and decor items to enhance their homes. The location is good considering there are many multifamily units in the Bowen Street area. The middle portion of the building is still for lease/sale by Bowen Street, LLC. ,� rl � ua•�; amr�•istt t' Page 4 ....#01, i .. .a.ay�i 5 "4-1 LU oO co mA71 #- k _ ;+V 1 it =0.01 utw J �+ J 7 1 in = d0ft City of Oshkosh rnap�and d ego s1*1 i to be used for general idernlification Cily purposes only,and the City of OshkaGh asswnes nD limbitly for the gvwuraq of 14e Prinking Date' 11�1f Cal ar informaWn.TKosm w�ing the information are responstle Rw verifying.accuracy For Oshkosh full disclaimer plea!I 94 fa mww-oi-CShkOSh.Wl,ut ISdiulaimar Prepared by;City ol[Cisshkosh,VA Page 5 CUP BAUMGARTNER RESTORATION LLC CLARITY CARE INC 2837 BOWEN ST 220 E FERNAU AVE 424 WASHINGTON AVE PC:01-07-20 OSHKOSH WI 54901 OSHKOSH WI 54901 DJ DAILEY OF OSHKOSH LLC JEFFREY R BARTELS MARATHON PETROLEUM CO LP 5048 GINNOW RD 1920 W WAUKAU AVE 539 S MAIN ST OMRO WI 54963 OSHKOSH WI 54902 FINDLAY OH 45840 NICOLET HARBOR APARTMENTS LLC SCHULZE EXTERIORS LLC TOWN OF OSHKOSH 610 LEEWARD CT W 3075 SHOREWOOD DR 1076 COZY LN OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901 BOWEN STREET LLC PAULA HAYFORD ATTN: STEVEN WRUCK 3048 SHOREWOOD DR 972 3RD ST OSHKOSH WI 54901 MENASHA WI 54952 Page 6 COUNTY Oshkosh City Li i#LA A 1 130. 2ZOT �"r 130.0• e ■ ^�V �j -VSITE /CD m 2 820 830 130.0 90.0' go 382.50• HARBORVIEW CT 130.0• 90D 90.9 o ^ 825 5 3 V� 130.00' 184 8o• 130.0• o N N N y 130.0• • • 90.0' g. hh ,y0a 1oyg 90.0• 90.0• 1060j� 9 ` Q wo m 0 00N N N a0 (1 ^ l !3 ] 130.0• 9°.0• 9o.o• 9" � V -0USIDE�-T 60.5 ti 90.0' 8 801 807 84 � So cP o0 0o N oo eo oo. 8 oa 1so.00' °o. 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For full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh,WI Oshkosh J:\GIS\Planning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd Page 8' C { ' 0 ,A'W 0" TI TC r x � t •t xiµ �� : �--� � { a -r I rL-7- % ARM �. �JYJ�1AJ N 1in=0.02mi J 1in= 100ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date: 12/2/2019 information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh Prepared by: City of Oshkosh,WI J:\GIS\Planning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd Pager:m9ak