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HomeMy WebLinkAbout09. 22-228JUNE 14, 2022 22-228 RESOLUTION (APPROVED___7-0____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR A TEMPORARY USE PERMIT EXTENSION AT 1301 KNAPP STREET INITIATED BY: OSHKOSH DEFENSE LLC PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions WHEREAS, the Plan Commission finds that a Conditional Use Permit a temporary use permit extension at 1301 Knapp 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 for a temporary use permit extension at 1301 Knapp Street, is hereby approved, per the attached, with the following findings: 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. BE IT FURTHER RESOLVED that the following are conditions of approval for a Conditional Use Permit for a temporary use permit extension at 1301 Knapp Street: JUNE 14, 2022 22-228 RESOLUTION CONT’D 1. The temporary use permit shall expire on November 30, 2022. 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: June 9, 2022 RE: Approve Conditional Use Permit for a Temporary Use Permit Extension at 1301 Knapp Street BACKGROUND The applicant is requesting a Conditional Use Permit (CUP) to extend a temporary use permit for outdoor vehicle storage. 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. The subject site is a 48 acre parcel with frontage on Osborn Avenue. The site is zoned Heavy Industrial District (HI) and is part of the Oshkosh Quarry. The property is surrounded predominantly by commercial uses to the north, south, and west as well as quarry land and residential uses to the east. ANALYSIS A Temporary Use Permit (TUP) was issued in November 2021 for storage of Oshkosh Defense vehicles. The TUP expired on February 1, 2022. A CUP for extension of the TUP was approved on March 8, 2022 to allow storage of vehicles on the site through May 1, 2022. The applicant is now requesting approval to extend the TUP to allow for additional vehicle storage time on the site. Staff are supportive of the TUP extension as unique circumstances related to production and shipping necessitate additional storage time at the site. The site was utilized for storage of vehicles through TUPs in 2020, 2021, and 2022, with staff receiving no concerns about the property use. Given the HI zoning of the property and existing quarry use, staff feel that this is an appropriate area for temporary vehicle storage. Staff are supportive of the TUP extension, provided the total storage timeframe does not exceed one year. Temporary use of the site beyond one year in duration would be considered a permanent use and would require a CUP along with full Site Plan Review approval. For this reason, staff are recommending a condition that all vehicles be removed from the site by November 30, 2022. RECOMMENDATION The Plan Commission recommended approval of the Conditional Use Permit with findings and conditions on June 7, 2022. 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 1301 KNAPP STREET Plan Commission meeting of June 7, 2022. GENERAL INFORMATION Applicant: Oshkosh Defense LLC Owner: P & Q North Kosh LLC Action(s) Requested: The applicant is requesting a Conditional Use Permit to extend a temporary use permit for outdoor vehicle 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 48 acre parcel with frontage on Osborn Ave. The site is zoned Heavy Industrial District (HI) and is part of the Oshkosh Quarry. The property is surrounded predominantly by commercial uses to the north, south, and west, and quarry land and residential uses to the east. Subject Site: Existing Land Use Zoning Quarry HI Recognized Neighborhood Organizations None Adjacent Land Use and Zoning: Existing Uses Zoning North Commercial SMU-PD South Commercial SMU & SMU-PD West Commercial SMU East Quarry & Residential HI & MR-12 Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Plan Recommendation Quarry Item III –CUP for a TUP extension – 1301 Knapp St.. 2 ANALYSIS A Temporary Use Permit (TUP) was issued in November 2021 for storage of Oshkosh Defense vehicles, which expired on February 1, 2022. A Conditional Use Permit was approved on March 8, 2022 to allow extension of the TUP for storage of vehicles on the site through May 1, 2022. The applicant is requesting approval of extension of the TUP to allow for additional vehicle storage time on the site. Use The applicant has been using this area of the quarry for truck storage since late November. The TUP extension is needed to allow for continued vehicle storage as they have been experiencing shipping delays. Vehicles are stored at this site until they are selected for shipment. Site plan for temporary storage area. Item III –CUP for a TUP extension – 1301 Knapp St.. 3 Staff is supportive of the TUP extension as unique circumstances related to production and shipping necessitate additional storage time at the site. The site was utilized for storage of vehicles through TUPs in 2020, 2021, and 2022, with staff receiving no concerns about the property use. Given the HI zoning of the property and existing quarry use, staff feels that this is an appropriate area for temporary vehicle storage. Staff is supportive of the TUP extension, provided the total storage timeframe does not exceed one year. Temporary use of the site beyond one year in duration would be considered a permanent use and would require a Conditional Use Permit along with full Site Plan Review approval. Therefore, Staff is recommending a condition that all vehicles be removed from the site by November 30, 2022. 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 vehicle storage at 1301 Knapp St. as proposed with the findings listed above and the following condition: 1. The Temporary Use Permit shall expire on November 30, 2022. The Plan Commission recommended approval of the Conditional Use Permit on June 7, 2022. The following is their discussion on the item. Site Inspections Report: No council members reported visiting the site. Staff report accepted as part of the record. Item III –CUP for a TUP extension – 1301 Knapp St.. 4 The applicant is requesting a Conditional Use Permit to extend a temporary use permit for outdoor vehicle 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 November 2021 for storage of Oshkosh Defense vehicles, which expired on February 1, 2022. A Conditional Use Permit was approved on March 8, 2022 to allow extension of the TUP for storage of vehicles on the site through May 1, 2022. The applicant is requesting approval of extension of the TUP to allow for additional vehicle storage time on the site. The applicant has been using this area of the quarry for truck storage since late November. The TUP extension is needed to allow for continued vehicle storage as they have been experiencing shipping delays. Vehicles are stored at this site until they are selected for shipment. Staff is supportive of the TUP extension, provided the total storage timeframe does not exceed one year. Temporary use of the site beyond one year in duration would be considered a permanent use and would require a Conditional Use Permit along with full Site Plan Review approval. Therefore, Staff is recommending a condition that all vehicles be removed from the site by November 30, 2022. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Ms. Scheuermann asked for clarification on the timeline of the temporary use permit and the conditional use permit. Mr. Lyons said that the current process they are using, which is an extension of the temporary use permit via a conditional use permit caps at one year. To go beyond that, they would still need a conditional use permit, but just a different type of conditional use permit. They have encouraged the applicant to look at other options if storage is still needed in the future. Mr. Mitchell asked what the area is for notification. Mr. Lyons said it is 100 feet from the property lines. There have been no issues with neighbors. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Ryan Meyers, Oshkosh Defense, 1220 Fairfax St, said they just need a little more time to store vehicles due to shipping delays and part shortages. If it comes to having a more permanent solution we may have to do that. There were no other public comments on this item. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Coulibaly to adopt the findings and recommendation as stated in the staff report. Item III –CUP for a TUP extension – 1301 Knapp St.. 5 Seconded by Kiefer. Mr. Perry asked if there was any discussion on the motion. Mr. Mitchell asked if there was any costs savings to making this a permanent use. Mr. Lyons said if they did make a decision to go forward with a one-time conditional use permit it would save them permitting fees since there is a cost each time they applied for a conditional use permit or temporary use permit. Motion carried 9-0. CUP 1301 KNAPP ST PC: 06-07-2022 RICHARD J/HARRIET A BROTSKE N7765 37TH AVE BERLIN, WI 54923 JAMES V BROTSKE 1420 W SOUTH PARK AVE OSHKOSH, WI 54902 MICHAEL F/MARY R PETZOLD 1404 W SOUTH PARK AVE OSHKOSH, WI 54902 MARCUS S HALUSKA/ANGELA M FLECK 1406 W SOUTH PARK AVE OSHKOSH, WI 54902 NEEL NIKET LLC W4506 OVERLAND TRL FOND DU LAC, WI 54937 APOSTOLIC GOSPEL CHURCH OSH WI 1430 W SOUTH PARK AVE OSHKOSH, WI 54902 PREMIER OSBORN OSHKOSH LLC 3120 GATEWAY RD BROOKFIELD, WI 53045 DAYTON HUDSON CORP PO BOX 9456 MINNEAPOLIS, MN 55440 ROBERT J/SUSANN M HOWARD TRUST 14455 DEVINGTON WAY FORT MYERS, FL 33912 G & N INVESTMENTS LLC 564 EASTERN BLVD CLARKSVILLE, IN 47129 DIANA HOPPER SURVIVING SPOUSES TRUST 5419 W NICHOLAS AVE VISALIA, CA 93291 ENCORE DESIGNS LLC 1319 COUNTY ROAD FF OSHKOSH, WI 54904 MO OSHKOSH EAST LLC 8044 MONTGOMERY RD 370 CINCINNATI, OH 45236 FIRSTAR BANK WISCONSIN 2800 E LAKE ST MINNEAPOLIS, MN 55406 BEEZ PROPERTIES LLC PO BOX 2332 OSHKOSH, WI 54903 U S POSTAL SERVICE 1025 W 20TH AVE OSHKOSH, WI 54902 STATE OF WISCONSIN 663 W 3RD AVE OSHKOSH, WI 54902 OSHKOSH DENSE - RYAN MEYERS 2307 OREGON ST OSHKOSH, WI 54902 P&Q NORTH KOSH LLC PO BOX 128 BROWNSVILLE, WI 53006 SS KK OO EELLLLEE RR SSTT W SOUTH PARK AV W SOUTH PARK AV OO SS BB OO RR NN AA VV CC AA PP IITTAA LL DD RR VV EE NN TT UU RREEDDRR MMEENNAARRDD DDRR WW1188TTHH AAVV IINNDDIIGGOO DD RR C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/4/2022 1 in = 400 ft1 in = 0.08 mi¯1301 KNAPP ST1301 KNAPP 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 HI I SMU-PD SMU SMU I SMU-PD MH-9 MR-12 I I-PD MR-12 SR-5 SMU I MR-12-PD SR-5 SMU SMU-PD SR-3 MR-12 SR-5 !"#$41 !"#$41 W 20TH AVW 20TH AV SS KK OO EE LL LL EE RR SS TT S WASHBURN ST S WASHBURN ST W SOUTH PARK AV W SOUTH PARK AV OO SS BB OO RR NN AA VV CC AA PP II TT AALL DD RR WW1188TTHH AAVV VVEENNTTUU RREEDDRR MENARD DRMENARD DR INDIGO DRINDIGO DR C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/4/2022 1 in = 500 ft1 in = 0.09 mi¯1301 KNAPP ST1301 KNAPP 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:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/4/2022 1 in = 300 ft1 in = 0.06 mi¯1301 KNAPP ST1301 KNAPP 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