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Home My WebLink About22. 21-105FEBRUARY 23, 2021 21-105 RESOLUTION USE PERMIT EXTENSION AT 2728 OREGON STREET INITIATED BY: PTS CONTRACTORS PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Plan Commission finds that the Conditional Use Permit for an adaptive reuse at 2728 Oregon Street, is consistent with the criteria established in Section 30-382 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit is hereby approved for a temporary use permit extension at 2728 Oregon Street, per the attached, with the following conditions: 1. The Temporary Use Permit shall expire on July 31, 2021. 2. The site shall be fully restored to pre-use conditions including replacement of any damaged lawn areas after expiration of the Temporary Use Permit. (CARRIED__7-0____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR A TEMPORARY City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: February 18, 2021 RE: Approve Conditional Use Permit for a Temporary Use Permit Extension at 2728 Oregon Street (Plan Commission Recommends Approval) BACKGROUND The subject site is a 5.6 acre industrial property with frontage on Oregon Street and W. 28th Avenue. The property has a Heavy Industrial District (HI) zoning designation. The proposed development is surrounded predominantly by industrial uses as well as commercial and residential uses to the west. ANALYSIS A Temporary Use Permit (TUP) was issued in 2020 for storage of materials/equipment used for street reconstruction. The Temporary Use Permit expired on December 1, 2020. The applicant is requesting approval of extending the TUP through July 2021. The applicant is using a 200’ X 180’ undeveloped grass area along W. 28th Avenue for the temporary storage of materials/equipment used for City of Oshkosh Contract 20-05 Oregon Street and W. 28th Avenue pump station reconstruction. The TUP extension is needed to provide a storage location for materials/equipment until the reconstruction projects are completed. The applicant has noted that the storage area will be returned to green space after the project is complete. Staff is supportive of the TUP extension as the storage of materials/equipment is necessary for the City projects to be completed. Staff has not been made aware of any concerns since the area has been utilized for storage. The Department of Public Works reviewed the proposal and noted that the site will need to be fully restored to pre-use conditions. RECOMMENDATION The Plan Commission recommended approval of a Conditional Use Permit with findings and conditions at its February 16, 2021 meeting. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager M A r Oshkosh ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A TEMPORARY USE PERMIT EXTENSION AT 2728 OREGON STREET Plan Commission meeting of February 16, 2021. GENERAL INFORMATION Applicant: PTS Contractors Owner: H & M Commercial LLC Action(s) Requested: The applicant is requesting a Conditional Use Permit to extend a temporary use permit for outdoor material storage. Applicable Ordinance Provisions: Temporary Uses are limited to 90 days per calendar year, but may be extended in duration through the conditional use process. Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The subject site is a 5.6 acre industrial property with frontage on Oregon Street and W. 28th Avenue. The property has a Heavy Industrial District (HI) zoning designation. The proposed development is surrounded predominantly by industrial uses as well as commercial and residential uses to the west. Subject Site: Existing Land Use Zoning Industrial HI Adjacent Land Use and Zoning: Existing Uses Zoning North Industrial HI South Industrial HI West Commercial, Residential, Industrial HI East Industrial HI Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Plan Recommendation Industrial Item II –CUP for a TUP extension – 2728 Oregon St. 2 ANALYSIS A Temporary Use Permit (TUP) was issued in 2020 for storage of materials/equipment used for street reconstruction. The Temporary Use Permit expired on 12/1/20. The applicant is requesting approval of extension the TUP through July 2021. Use The applicant is using a 200’ X 180’ undeveloped grass area along W. 28th Avenue for the temporary storage of materials/equipment used for City of Oshkosh Contract 20-05 Oregon Street and W. 28th Avenue pump station reconstruction. The TUP extension is needed to provide a storage location for materials/equipment until the reconstruction projects are completed. The applicant has noted that the storage area will be returned to green space after the project is complete. , • • • ·1 • rt;Di.2 t 4we A ·e • Item II –CUP for a TUP extension – 2728 Oregon St. 3 Site plan for temporary storage area. Staff is supportive of the TUP extension as the storage of materials/equipment is necessary for the City projects to be completed. Staff has not been made aware of any concerns since the area has been utilized for storage. The Department of Public Works reviewed the proposal and noted that the site will need to be fully restored to pre-use conditions. View of subject area looking north from W. 28th Avenue. Item II –CUP for a TUP extension – 2728 Oregon St. 4 2013 Google street view of subject area looking north from W. 28th Avenue. 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 temporary use permit extension for outdoor material storage at 2728 Oregon Street as proposed with the findings listed above and the following conditions: 1. The Temporary Use Permit shall expire on July 31, 2021. 2. The site shall be fully restored to pre-use conditions including replacement of any damaged lawn areas after expiration of the Temporary Use Permit. The Plan Commission approved of the Conditional Use Permit as requested. The following is the Plan Commission’s discussion on this item. Site Inspections Report: Mr. Hinz reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit to extend a temporary use permit for outdoor material storage. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. A Temporary Use Permit (TUP) was issued in 2020 for storage of materials/equipment used for street reconstruction. The Temporary Use Permit expired on 12/1/20. The applicant is requesting approval of extension the TUP through July 2021. The applicant is using a 200’ X 180’ undeveloped grass area along W. 28th Avenue for the temporary storage of materials/equipment used for City of Oshkosh Contract 20-05 Oregon Item II –CUP for a TUP extension – 2728 Oregon St. 5 Street and W. 28th Avenue pump station reconstruction. The TUP extension is needed to provide a storage location for materials/equipment until the reconstruction projects are completed. The applicant has noted that the storage area will be returned to green space after the project is complete. Staff recommends approval of the proposed Conditional Use Permit for temporary use permit extension for outdoor material storage at 2728 Oregon Street with the conditions noted in the staff report. Ms. Propp opened up technical questions to staff. There were no technical questions on this item. Ms. Propp 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. Ms. Propp 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 Ford to adopt the findings and recommendations as stated in the staff report. Condition: 1. The Temporary Use Permit shall expire on July 31, 2021. 2. The site shall be fully restored to pre-use conditions including replacement of any damaged lawn areas after expiration of the Temporary Use Permit. Seconded by Hinz. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. M A gr Oshkosh APPLICANT INFORMATION (), r_ t Petitioner: TL9co' Petitioner's Address: 075 fa.fen Telephone #: (2o 65_.5207 City of Oshkosh Application Conditional Use Permit ·PLEASE TYPE OR PRINT USING BLACK INK" EL cry. Gcc Bos bs+ncDG p's@olvsac Email: _Contact preference: SUBMIT TO: Dept. of Communily Development 215 Church Ave., P.0. Box 1130 Oshkosh, Wisconsin 54903-1130 PHONE: (920) 236-5059 Date: /-1%-292p State: +-/_1 76: SY3/ E Phone J'Email Status of Petitioner (Please Check]: C Owner [Representative {Tenant [ Prospective Buyer Petitioner's Signature (required): _ ___,.,,_)-��""'�= ....... �-�......,_ __ ··-+------------- Date: / - lo/- --z_,:;J// OWNER INFORMATION Owner[s): /4L./n Ger cc Owner(s) Address: AG_t_258(fr.ht •.city: sscg Date: _ state: <Zzp: Si07 Telephone #:(44).H_50 EmaiyhiseosR- Contact preference: L Phone Email col0» Ownership Status (Please Check): 0Individual D Trust Partnership Corporation LUC 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 properly 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�� hose o»essence..cce.CK bare.//-22/ I SITE INFORMATION Address/location of Proposed Project:. Vcacl lo @so _)6! u_,2s")ye Proposed Project Type:. 'lwor<{¢ cc{er slosh Gs Ge'red 2Dos ks@S Current use of Property:. lacs'Gszss (g<Cc~p%¢C Zoning:.(nous tan@ uses surrounig Your site: omn:. Alva«led '\kw Vc«- pa'a Du\c soum:. gr~kc Ceo& /it pc- Sod east: krcock Ce.s,6 Please note that a meeting notice will be mailed to all abutting property owners regarding your request. Itls recommended that the applicant meet with Planning Services staff prlor 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.htm Staff _Date Rec'd CONTRACTORS PTS Contractors 4075 Eaton Road, Green Bay, WI. 54311 Phone: 920-468-5217 Fax: 920-468-4087 Project: Conditional Use Permit W. 28 Ave ATTN: Department of Community Development Brian Slusarek Date: January 19, 2021 All attached you will find the necessary documents for PTS Contractors request to continue using the storage yard we had a temporary use permit #202001260 (attached) through July of 2021. Currently PTS Contractors has built a temporary gravel storage yard on a vacant grass area west of 164 W. 28I Ave. This yard has been used to store equipment and materials for PTS Contractors to successfully complete and install the contract work for City of Oshkosh Contract 20-05 Oregon Street and W. 28t Ave Pump Station reconstruction. PTS has a lease agreement through the property owner and has agreed to restore the area to green space once project completion. Attached shows plans on how the area has been designed and is currently in place. l. PTS does no for see any negative impacts on the health, safety, or general welfare of the occupants on surrounding properties. Site has been in use since April 2020 and we have not received any complaints or negative feedback. 2. There is minor impact to vehicular and pedestrian activity in the area. There is minimal traffic in and out of site to impact commercial vehicular traffic, and due to the area being primarily commercial pedestrian are minimally impacted. 3. Noise at the site is minimal and limited to working hours dedicated in our City of Oshkosh 20-05 contract requirements. There is dust and dirt that is occasionally dragged onto roadway surface and this is cleaned as necessary through our erosion control requirements of above mentioned contract by sweeping, and tracking pad. 4. At this point in time PTS contractors sees no adverse effects to the demand and availability of public services service/facilities or commercial services/facilities in the surround area as we have been operating out of said space for approximately l 0 months currently. (I CONTRACTORS 5. PTS Contractors does not for see any adverse impacts to character and future development of the area. Green space was disturbed to install the gravel and erosion control at the site for times of use, but the agreement through original temporary use permit and property owner has the green space being restored to its original condition of planted grass when site usage has been completed. PTS anticipates this restoration to be done in spring or early summer of 2021 . PTS contractors appreciates the allowed use of the site up to this point in time and looks forward to the continued use of the site. Working with the City of Oshkosh has been a pleasure for the contracts we have done through the past number of years and we look forward to continued work inside the City of Oshkosh. Use of the site is a huge contributing factor to making sure City Contract 20-05 is a success and the City of Oshkosh get a great product for use for years in the future. ThankY� Branden Strayer, PTS Project Manager Mark Schleis From: Sent: To: Cc: Subject: Muehrer, Todd M. <tmuehrer@ci.oshkosh.wi.us> Thursday, March 26, 2020 3:13 PM Gierach, Justin; Lyons, Mark Mark Schleis RE: proposed temp storage yard , .·.- ., :··- ·;·. ··::·, ... _ ::c: :·: < "C<" :: :: --�-: .... :: ·-- ,:·····-:.,:.!E 2.:;: ·. 2..31 0°%% 2-. .- -·-: +. -- - -- .·;·- . · ••'222 '4;- ..5 = A + 4 • ... � Oshkosh Les7 --IS Ze7 7lease all ME!A7 @ova.srcT6D z-62/-/5% s 0o cud U c; .0 t O - o [ 0 l/") f u 0 ( 2¢ o O c 0 0o r--- £ 0 O u O 0 ct o 0o 0o ¢ o U - o N o Uy u y er co ...... o 0o o t u 0o 0o • 0o ct [ o p 0o O + t @ = + r u 0 � C/l 0 o 8 5 9 £ 0 O ¢ - 00 0 0 0D • � C/l s -ct ? s ¥ � \l) ¥ 6 Q) 8 t: o cN o cN 0 cV @ t � c0 � U 0.. cU 3 o cu o cu @ if G4 0 f 0 bD c t 0... 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Those using theinformation are responsible for verifying accuracy. 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Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer M A r Oshkosh C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak Prepared by: City of Oshkosh, WI Printing Date: 1/21/2021 1 in = 150 ft 1 in = 0.03 mi¯2728 OREGON ST2728 OREGON ST 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 c;,ya r Oshkosh . +4 m � �� - 557 . . -( E ± hi "+ 9 ___ I