HomeMy WebLinkAboutItem I
PLAN COMMISSION STAFF REPORT JANUARY 5, 2021
ITEM I: PRIVILEGE IN THE STREET REQUEST TO ALLOW PLACEMENT OF A
GATE AND FENCE WITHIN THE BRADLEY STREET RIGHT-OF-WAY AT
191 W. 28TH AVENUE (HYDRITE CHEMICAL)
GENERAL INFORMATION
Applicant: Hydrite Chemical Company – Ron Carrington
Owner: City of Oshkosh
Action(s) Requested:
The applicant requests a privilege in the Bradley Street right-of way to allow construction of an
eight-foot tall chain-link gate/fence with barbed wire over a portion of Merritt’s Creek. The
proposed gate/fencing is part of the new rail yard development which received Specific
Implementation Plan approval in mid-2020.
Applicable Ordinance Provisions:
N/A
Property Location and Background Information:
The subject area consists of an approximately 19 acre parcel with frontage on W. 28th Avenue,
Bradley Street and W. Waukau Avenue. The property is occupied by Hydrite Chemical and
includes an industrial building, storage buildings and paved parking/storage areas as well as a
railroad connection. The surrounding area consists of commercial and industrial uses. The
2040 Comprehensive Land Use Plans recommends industrial use for the subject area.
Subject Site
Existing Land Use Zoning
Industrial HI
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial & industrial HI
South Industrial HI
East Industrial, vacant, institutional HI & I
West Active railroad HI
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation Industrial
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ITEM I: Priv. in the Street 191 W. 28th Ave. 2
ANALYSIS
Per the applicant’s narrative, “Operations at the new Hydrite Chemical Co. rail yard at or 28th
avenue facility requires a secure perimeter per Department of Homeland Security guidelines.
The east boundary along Bradley Street includes a crossing of Merritt’s Creek that is
problematic. As a designated navigable waterway, we are unable to install any fencing within
the water envelope which may impede access. Unfortunately, the existing culverts do not
extend sufficiently beyond the Bradley Street boundary to provide a suitable platform to install
fencing. It is our understanding that Bradley Street is scheduled for reconstruction in 2022.
Activities to permanently extend the existing culvert westward into Hydrite property would
more appropriately be performed at that time. As such we respectfully request a temporary
privilege of right of way to allow the installation of our fencing on the existing concrete
shoulder on the west side of Bradley road as it crosses the creek. The proposed location is
approximately seven (7) feet beyond the western edge of the existing asphalt roadway and
poses no interference with traffic. Access to the creek from the road would be provided by two
(2) swing gates which would form the fence crossing. The gates could be secured by a set of
interlocking locks, one the property of Hydrite Chemical and the other the property of The City
of Oshkosh Department of Public Works.”
The Department of Public Works has been cooperating with the applicant and has provided the
following comments:
1. Initial installation requires an approved right-of-way permit and license be obtained
prior to any construction being carried out in the public right-of-way
2. The construction of the shown gated access must be allowed to be swung fully open to
the full width of the gate entrance in such a manner that traffic remains unaffected. The
City's preference would be to have the gates constructed with the entrance sections
opening onto private property rather than the public right of way. It is under this
design the gate will unlikely be effected by changes in grade surrounding the culvert
and encased concrete grade changes located in the right-of-way while continuing to
maintain proper access to the creek storm water drainage easement.
3. The fence detail show the construction of an upper security wire section. This security
wire shall be installed with the angled section projecting over private property and not
the public right-of-way.
4. The City will require fully time access of the temporary gated access as part of this
Privilege in the Right-of-Way. Final lock and gated access shall be coordinated with
City's Department of Public Works staff.
5. This Privilege in the Right-of-Way is known to be a temporary condition as stated in the
Application narrative the Merritt's Creek culvert on Bradley Street is scheduled for
reconstruction. The Property owner shall properly coordinate with the City of Oshkosh
the permanent relocation of the security fencing outside of the public right-of-way at
such time the culvert is replaced. This work is currently scheduled to take place in 2022
if for reasons unknown at this time the culvert reconstruction becomes delayed beyond
the calendar year of 2022 than this Privilege in the Right-of-Way shall be revaluated for
the future plans of the Bradley Street while evaluating the continual need to have a
properly secured site for the Hydrite development by which this Privilege in the Right-
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ITEM I: Priv. in the Street 191 W. 28th Ave. 3
of-Way need be reassessed for further acceptance of the private security fence in the
right of way or necessary relocated of the fencing onto private property.
6. The Petitioner shall follow all of the City’s standard specifications for construction,
along with all Municipal Code requirements.
Since this privilege request is meant to be temporary, and the face that perimeter fencing is a
required by the Department of Homeland Security staff is supportive of this request. Staff
recommends approval of the privilege in the street request for the proposed gate and fencing
with the following conditions:
1. Initial installation requires an approved right-of-way permit and license be obtained
prior to any construction being carried out in the public right-of-way
2. The construction of the shown gated access must be allowed to be swung fully open to
the full width of the gate entrance in such a manner that traffic remains unaffected. The
City's preference would be to have the gates constructed with the entrance sections
opening onto private property rather than the public right of way. It is under this design
the gate will unlikely be effected by changes in grade surrounding the culvert and
encased concrete grade changes located in the right-of-way while continuing to maintain
proper access to the creek storm water drainage easement.
3. The fence detail show the construction of an upper security wire section. This security
wire shall be installed with the angled section projecting over private property and not
the public right-of-way.
4. The City will require fully time access of the temporary gated access as part of this
Privilege in the Right-of-Way. Final lock and gated access shall be coordinated with
City's Department of Public Works staff.
5. This Privilege in the Right-of-Way is known to be a temporary condition as stated in the
Application narrative the Merritt's Creek culvert on Bradley Street is scheduled for
reconstruction. The Property owner shall properly coordinate with the City of Oshkosh
the permanent relocation of the security fencing outside of the public right-of-way at
such time the culvert is replaced. This work is currently scheduled to take place in 2022
if for reasons unknown at this time the culvert reconstruction becomes delayed beyond
the calendar year of 2022 than this Privilege in the Right-of-Way shall be revaluated for
the future plans of the Bradley Street while evaluating the continual need to have a
properly secured site for the Hydrite development by which this Privilege in the Right-
of-Way need be reassessed for further acceptance of the private security fence in the
right of way or necessary relocated of the fencing onto private property.
6. The petitioner shall follow all of the City’s standard specifications for construction,
along with all Municipal Code requirements.
7. The petitioner shall work with the Department of Public Works regarding the precise
location of the proposed gate and fencing. The Department of Public Works shall
approve all precise locations, but the approval shall not be unreasonably denied.
8. Petitioner is responsible for costs, expenses and damages to the extent they are related to
petitioner’s activities pursuant to the Privilege in the Street and/or easement. Any
problem that may arise as a result of the placement of the gate and fencing and
installation of the gate and fencing be the responsibility of the petitioner to correct in
coordination with the Department of Public Works.
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ITEM I: Priv. in the Street 191 W. 28th Ave. 4
9. The petitioner/owner secures and submits to the City Clerk a separate insurance policy
which names the City of Oshkosh, and its officers, Council members, agents, employees
and authorized volunteers as additional insured’s with a minimum commercial general
liability coverage of $200,000 per occurrence and $500,000 in general aggregate.
10. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance
certificate with the City Clerk upon expiration of an existing certificate. Failure to do so
may result in the revocation of the privilege in street within ten (10) days of notice.
11. The petitioner shall enter into a separate privilege in the street agreement that will
formalize the agreement between the City and the petitioner. The agreement shall
include these conditions, and City staff is also authorized to include additional
conditions that are in the best interests of the City.
12. The Petitioner shall take into consideration the City’s use of the right-of-way and as a
result plan its actions to provide the least amount of disruption that is reasonably
possible.
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PROVIDING CREATIVE SOLUTIONS
1 December 2020
To: James Rabe – City of Oshkosh Director of Public Works
From: David Williams – Hydrite Chemical Company
RE: Bradley Street Privilege of Right of Way
Dear Mr. Rabe
Operations at the new Hydrite Chemical Co. rail yard at or 28th avenue facility requires a secure perimeter
per Department of Homeland Security guidelines. The east boundary along Bradley street includes a
crossing of Merritt’s Creek that is problematic. As a designated navigable waterway, we are unable to
install any fencing within the water envelope which may impede access. Unfortunately, the existing
culverts do not extend sufficiently beyond the Bradley Street boundary to provide a suitable platform to
install fencing. It is our understanding that Bradley Street is scheduled for reconstruction in 2022.
Activities to permanently extend the existing culvert westward into Hydrite property would more
appropriately be performed at that time. As such we respectfully request a temporary privilege of right of
way to allow the installation of our fencing on the existing concrete shoulder on the west side of Bradley
road as it crosses the creek. The proposed location is approximately seven (7) feet beyond the western
edge of the existing asphalt roadway and poses no interference with traffic. Access to the creek from the
road would be provided by two (2) swing gates which would form the fence crossing. The gates could be
secured by a set of interlocking locks, one the property of Hydrite Chemical and the other the property of
The City of Oshkosh Department of Public Works.
If you have any questions or comments, please feel free to contact me.
Respectfully
David A. Williams
Senior Project Engineer
Hydrite Chemical Company
414 687-8641
David.williams@hydrite.com
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Oshkosh City LimitOshkosh City LimitOREGON STOREGON STW WAUKAU AVW WAUKAU AVBRADLEY STBRADLEY STW 2 8 T H AVW 2 8 T H A V
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C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak
Prepared by: City of Oshkosh, WI
Printing Date: 12/10/2020
1 in = 240 ft1 in = 0.05 mi¯191 W 28TH AVE191 W 28TH AVE
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
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C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak
Prepared by: City of Oshkosh, WI
Printing Date: 12/10/2020
1 in = 700 ft1 in = 0.13 mi¯191 W 28TH AVE191 W 28TH AVE
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
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C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak
Prepared by: City of Oshkosh, WI
Printing Date: 12/10/2020
1 in = 215 ft1 in = 0.04 mi¯191 W 28TH AVE191 W 28TH AVE
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
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