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Home My WebLink About10. 21-519OCTOBER 26, 2021 21-519 RESOLUTION (CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR A TEMPORARY USE PERMIT EXTENSION AT 2911 FOND DU LAC ROAD INITIATED BY: ADVANCE CONSTRUCTION PLAN COMMISSION RECOMMENDATION: Approved w/ conditions WHEREAS, the Plan Commission finds that the Conditional Use Permit for a temporary use permit extension at 2911 Fond du Lac Road, 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 for a temporary use permit extension at 2911 Fond du Lac Road, per the attached, is hereby approved with the following conditions: 1. The Temporary Use Permit shall expire on December 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. 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: October 21, 2021 RE: Approve Conditional Use Permit for Temporary Use Permit Extension at 2911 Fond Du Lac Road BACKGROUND The applicant is requesting a Conditional Use Permit to extend a temporary use permit for outdoor material storage. The subject site is a 6 acre residential property with a Single Family Residential - 5 District (SR-5) zoning designation. The proposed development is surrounded predominantly by residential uses as well as an active railroad to the west and a bar/restaurant to the east. A Temporary Use Permit (TUP) was issued in July 2021 for storage of construction materials used for street reconstruction. The TUP expired on October 4, 2021. The applicant is requesting approval of extension of the TUP through December 2021. ANALYSIS The applicant is using an approximately 320’ X 120’ area on the property for the temporary storage of gravel and an approximately 165’ X 195’ area for a temporary dewatering basin used for reconstruction of Fond Du Lac Road. The TUP extension is needed to provide a storage location for materials until the reconstruction projects are completed. Staff is supportive of the TUP extension as the storage of materials is necessary for the City projects to be completed. The storage area will be required to be returned to green space after the project is complete. RECOMMENDATION The Plan Commission recommended approval of the Conditional Use Permit with conditions on October 19, 2021. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons John Fitzpatrick Planning Services Manager Assistant City Manager / Director of Administrative Services ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A TEMPORARY USE PERMIT EXTENSION AT 2911 FOND DU LAC ROAD Plan Commission meeting of October, 19, 2021. GENERAL INFORMATION Applicant: Advance Construction Owner: Ben Schmalz 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 6 acre residential property with frontage on Fond Du Lac Road. The property has a Single Family Residential - 5 District (SR-5) zoning designation. The proposed development is surrounded predominantly by residential uses as well as an active railroad to the west and a bar/restaurant to the east. Subject Site: Existing Land Use Zoning Single-family residential SR-5 Recognized Neighborhood Organizations None Adjacent Land Use and Zoning: Existing Uses Zoning North Multi-family residential SR-5 South Single-family residential SR-5 West Vacant HI East Commercial & vacant SR-5 Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Plan Recommendation Light Density Residential Item III –CUP for a TUP extension – 2911 Fond Du Lac Rd. 2 ANALYSIS A Temporary Use Permit (TUP) was issued in July 2021 for storage of construction materials used for street reconstruction. The Temporary Use Permit expired on 10/4/21. The applicant is requesting approval of extension of the TUP through December 2021. Use The applicant is using an approximately 320’ X 120’ area on the property for the temporary storage of gravel and an approximately 165’ X 195’ area for a temporary dewatering basin used for City of Oshkosh Contract 21-03 for reconstruction of Fond Du Lac Road. The TUP extension is needed to provide a storage location for materials until the reconstruction projects are completed. Site plan for temporary storage area. Staff is supportive of the TUP extension as the storage of materials 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 storage area will be required to be returned to green space after the project is complete. Item III –CUP for a TUP extension – 2911 Fond Du Lac Rd. 3 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 2911 Fond Du Lac Road as proposed with the findings listed above and the following conditions: 1. The Temporary Use Permit shall expire on December 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 recommended approval of the Conditional Use Permit with conditions on October 19, 2021. The following is Plan Commission’s discussion on the item. Site Inspections Report: No commissioners 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. The applicant is using an approximately 320’ X 120’ area on the property for the temporary storage of gravel and an approximately 165’ X 195’ area for a temporary dewatering basin used for City of Oshkosh Contract 21-03 for reconstruction of Fond Du Lac Road. The TUP extension is needed to provide a storage location for materials until the reconstruction projects are completed. Staff is supportive of the TUP extension as the storage of materials 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 storage area will be Item III –CUP for a TUP extension – 2911 Fond Du Lac Rd. 4 required to be returned to green space after the project is complete. Staff recommends approval with the findings and conditions as listed in the staff report. Ms. Propp opened up technical questions to staff. Ms. Scheuermann asked if it expired on October 4th, is it custom to approve an extension after the date has gone by. Mr. Lyons stated that with some of these conditional use permits as related to these road projects it happened in the past where by the time they are aware of the material shortages or whatever may be that by the time they file, with the filing lag, they can expire. It comes down to timing of the legal notice. Ms. Scheuermann said that if part of the condition to extend to December 31st and then return it to green space, that then it’ll be winter. Does the commission take their word and for it and hope that happens. Mr. Lyons said that they will follow up in spring and issue citation violations if it’s not restored. The code has a May 1st start of planting season where it’ll have to be done. Ms. Propp asked for any public comments and asked if the applicant wanted to make any statements. There were no statements from the applicant. There were no other public comments on this item. There were no public comments on this item. Ms. Propp closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Scheuermann to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. Office (920) 434-3978 Fax (920) 434-6228 Advance Construction, Inc. An Equal Opportunity Employer 2141 Woodale Ave. Green Bay, WI 54313 October 1, 2021 City of Oshkosh Attn: Brian Slusarek 215 Church Street Oshkosh, WI 54903 RE: 2911 TUP Extesion Dear Mr. Slusarek, We are asking for an extension to the TUP at 2911 Fond du Lac Road. The reason we would like to request an extension to the completion date of the permit is because we are using it as a dewatering area and storage of material area. We would like to have the permit issued through December 31, 2021. We had many issues with moving forward with the project which included blasting issues and much more water than was anticipated. The substantial amount of ground water from Stenholtz to Lake Winnebago on Waukau slowed us from averaging 84’ or pipe per day to 28’ of pipe per day. Sincerely, Chris VandenBush Project Manager CUP 2911 FOND DU LAC RD PC: 10-19-21 ROE NURSERIES INC 72 W WAUKAU AVE OSHKOSH, WI 54902 ROBERT/DEBRA BEREGSZAZI 76 SENNHOLZ CT OSHKOSH, WI 54902 SANDRA A STUMPF 70 SENNHOLZ CT OSHKOSH, WI 54902 GLENN F/LINDA K GERTH 5929 LIBBY ROAD NE OLYMPIA, WA 98506 CHARLES/SHARON SCHMIDT 48 SENNHOLZ CT OSHKOSH, WI 54902 TYLER J KATSMA 40 SENNHOLZ CT OSHKOSH, WI 54902 ADELE L BUELOW 20322 W CHEYENNE RD BUCKEYE, AZ 85326 KURT M/KARIE K SHARRATT 2957 FOND DU LAC RD OSHKOSH, WI 54902 BENJAMIN S/CASSANDRA R SCHMALZ 3 MULBERRY CT APPLETON, WI 54913 POINT LAND PROPERTIES LLC N3018 FRENCH RD APPLETON, WI 54913 GARY A/DARLENE HEINZL 457 W 15TH AVE OSHKOSH, WI 54902 FOX VALLEY & WESTERN LTD 17641 S ASHLAND AVE HOMEWOOD, IL 60430 CGR HOLDINGS LLC 2100 S OAKWOOD RD OSHKOSH, WI 54904 RICHARD C/LINDA AULER 2886 FOND DU LAC RD OSHKOSH, WI 54902 JEFFREY D/SUSAN M POTRATZ 2880 FOND DU LAC RD OSHKOSH, WI 54902 MICHAEL P DEMPSEY 89 COVE LN OSHKOSH, WI 54902 TURTLE SOUP LLC 5809 LAKE RD OSHKOSH, WI 54902 LAND PRIDE PROPERTIES LTD PO BOX 1882 OSHKOSH, WI 54903 ADVANCE CONSTRUCTION INC 2141 WOODALE AVE GREEN BAY, WI 54313 F ON D D U L A C R D F ON D D U L A C R D SENNHOLZ CTSENNHOLZ CT COVE LACOVE LA C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/4/2021 1 in = 120 ft1 in = 0.02 mi¯2911 FOND DU LAC RD2911 FOND DU LAC RD 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 HI SR-5 I SR-5-LRO HI-PD MR-12 SR-5 DR-6 MR-20 MR-12 SR-5 DR-6 UMU DR-6 SR-5 MR-12-PD I I Oshkosh City LimitOshkosh City LimitOshkosh City LimitOshkosh City LimitOshkosh Ci t y Li mi tOshkosh Ci t y Li mi t FF OON N DD DD U U LL A A C C R R DD W WAUKAU AVW WAUKAU AVBRADLEY STBRADLEY STW 2 8 T H AVW 2 8 T H A V S T O N E Y B E A C H R D S T O N E Y B E A C H R D E WAUKAU AVE WAUKAU AV ISAAC LAISAAC LA SSTTOONNEEYYBBEEAACCHHSSTTMYRNA JANE DRMYRNA JANE DR LL AA KK EE RR EE SS TTAAVVSSTTOONNEEYYBBEEAACCHH LL AA SENNHOLZ CTSENNHOLZ CT GG IIBBSS OO NN CC TT CASTLE CTCASTLE CT V I C T O R I A C TVICTORIA C T COVE LACOVE LA CC RRIIMMSS OO NN LL AA LLAA KKEERREESSTT LL AACC II MMAA RR RR OO NNCCTTC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/4/2021 1 in = 500 ft1 in = 0.09 mi¯2911 FOND DU LAC RD2911 FOND DU LAC RD 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:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/4/2021 1 in = 100 ft1 in = 0.02 mi¯2911 FOND DU LAC RD2911 FOND DU LAC RD 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