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Home My WebLink About12. 22-392SEPTEMBER 27, 2022 22-392 RESOLUTION (APPROVED___6-0___LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR A TEMPORARY USE PERMIT EXTENSION AT 2333 BOWEN STREET INITIATED BY: PTS CONTRACTORS INC. PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions WHEREAS, the Plan Commission finds that a Conditional Use Permit for a temporary use permit extension at 2333 Bowen 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 2333 Bowen 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 by the Common Council of the City of Oshkosh that the following are conditions for approval for the Conditional Use Permit for a temporary use permit extension at 233 Bowen Street: SEPTEMBER 27, 2022 22-392 RESOLUTION CONT’D 1. The Temporary Use Permit shall expire on August 25th, 2023. 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: September 22, 2022 RE: Approve Conditional Use Permit for a Temporary Use Permit Extension at 2333 Bowen Street BACKGROUND The applicant is requesting a Conditional Use Permit (CUP) to extend a Temporary Use Permit (TUP) for outdoor material storage. The subject site is an 8.23 acre commercial property with frontage on Bowen Street and East Smith Avenue. The property is zoned Urban Industrial (UI). The proposed development is surrounded predominantly by commercial and industrial land uses, as well as an active railroad to the west and residential land uses to the east. ANALYSIS A TUP was issued in August 2022 for storage of construction materials used for street reconstruction. The TUP will expire on November 22, 2022 and the applicant is requesting approval to extend of the TUP through August 2023. The applicant is using an approximately 1 acre area on the property for the temporary storage of street and utility reconstruction related materials, such as pipes and gravel. This is for the City of Oshkosh Contract 22-01 for reconstruction of sanitary interceptor sewer and storm sewer within Bowen Street. 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 completion of city projects. 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. RECOMMENDATION The Plan Commission recommended approval of the Conditional Use Permit with findings and conditions on September 20, 2022. 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 BOWEN STBOWEN STEVANS STEVANS STE SMITH AVE SMITH AV DDOOCCTTOORRSS CCTT LEEWARD CTLEEWARD CT BAVARIAN CTBAVARIAN CT ALPINE CTALPINE CTANCHORAGE CTANCHORAGE CT GREENWOOD CTGREENWOOD CT LEEWARD CT WLEEWARD CT W C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 8/30/2022 1 in = 220 ft1 in = 0.04 mi¯2333 BOWEN ST2333 BOWEN 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 Item I– CUP – 2333 Bowen St . ITEM: CONDITIONAL USE PERMIT REQUEST FOR A TEMPORARY USE PERMIT EXTENSION AT 2333 BOWEN STREET Plan Commission meeting of September 20, 2022. GENERAL INFORMATION Applicant: PTS Contractors Inc. Owner: Vertical Bridge AM II, 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 an 8.23 acre commercial property with frontage on Bowen St. and E Smith Ave. The property is zoned Urban Industrial (UI). The proposed development is surrounded predominantly by commercial and industrial land uses, as well as an active railroad to the west and residential land uses to the east. The area being used within the 8.23 acre parcel to store materials is depicted below and equates to approximately 1 acre. Subject Site: Existing Land Use Zoning Urban Industrial UI Recognized Neighborhood Organizations None Adjacent Land Use and Zoning: Existing Uses Zoning North Commercial UI South Manufacturing UI West Railroad UI East Residential MR-20 and DR-6 Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Plan Recommendation Mixed Use Item III –CUP for a TUP extension – 2911 Fond Du Lac Rd. 2 ANALYSIS A Temporary Use Permit (TUP) was issued in August 2022 for storage of construction materials used for street reconstruction. The Temporary Use Permit will expire on 11/22/22. The applicant is requesting approval of extension of the TUP through August 2023. Use The applicant is using an approximately 1 acre area on the property for the temporary storage of street and utility reconstruction related materials, such as pipes and gravel. This is for City of Oshkosh Contract 22-01 for reconstruction of sanitary interceptor sewer and storm sewer within Bowen St. The TUP extension is needed to provide a storage location for materials until the reconstruction projects are completed. Item III –CUP for a TUP extension – 2911 Fond Du Lac Rd. 3 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. 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 2333 Bowen Street as proposed with the findings listed above and the following conditions: 1. The Temporary Use Permit shall expire on August 25th, 2023. 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 findings and conditions on September 20, 2022. The following is their discussion on the item. Site Inspections Report: Ms. Davey, Mr. Mitchell and Ms. Scheuermann 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. Item III –CUP for a TUP extension – 2911 Fond Du Lac Rd. 4 Mr. Nielsen 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 August 2022 for storage of construction materials used for street reconstruction. The Temporary Use Permit will expire on 11/22/22. The applicant is requesting approval of extension of the TUP through August 2023. The applicant is using an approximately 1 acre area on the property for the temporary storage of street and utility reconstruction related materials, such as pipes and gravel. This is for City of Oshkosh Contract 22-01 for reconstruction of sanitary interceptor sewer and storm sewer within Bowen St. The TUP extension is needed to provide a storage location for materials until the reconstruction projects are completed. Staff recommends approval with the findings and conditions as stated in the staff report. Mr. Perry opened up technical questions to staff. There were no technical questions on this item. Mr. Perry 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 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 Mitchell to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Mr. Perry asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 7-0. CUP 2333 BOWEN ST PC: 9/20/2022 ROSE A SUNDQUIST MARITAL TRUST 222 HUDSON AVE OSHKOSH, WI 54901 RUNKE REALTY LLC PO BOX 357 OSHKOSH, WI 54903 2345 BOWEN ST LLC 740 LEEWARD CT W OSHKOSH, WI 54901 FOX VALLEY & WESTERN LTD 17641 S ASHLAND AVE HOMEWOOD, IL 60430 CITY OF OSHKOSH PO BOX 1130 OSHKOSH, WI 54903 STEVEN/DARRELL THOMA 5254 SAMERS BAY RD OMRO, WI 54963 FOX VALLEY & WESTERN LTD 17641 S ASHLAND AVE HOMEWOOD, IL 60430 JAMIN CLYDE INVESTMENTS LLC 1353 WINNEBAGO AVE OSHKOSH, WI 54901 AVOCA FIELDS LLC PO BOX 157 OAKFIELD, WI 53065 PHI MANAGEMENT LLC 645 LEEWARD CT W OSHKOSH, WI 54901 VIENOLA PROPERTIES LLC PO BOX 8042 OSHKOSH, WI 54903 SPRUCE HOLDINGS LLC 2514 GOLF RD STE 3 EAU CLAIRE, WI 54701 JEMAZA PROPERTIES LLC 1920 W WAUKAU AVE OSHKOSH, WI 54902 PTS CONTRACTORS 4075 EATON RD GREEN BAY, WI 54311 VERTICAL BRIDGE NIMBUS, LLC 750 PARK OF COMMERCE DR, SUITE 200 BOCA RATON, FL 33487 BOWEN STBOWEN STEVANS STEVANS STE SMITH AVE SMITH AV DDOOCCTTOORRSS CCTT LEEWARD CTLEEWARD CT BAVARIAN CTBAVARIAN CT ALPINE CTALPINE CTANCHORAGE CTANCHORAGE CT GREENWOOD CTGREENWOOD CT LEEWARD CT WLEEWARD CT W C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 8/30/2022 1 in = 220 ft1 in = 0.04 mi¯2333 BOWEN ST2333 BOWEN 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 UI HI SR-9 BP I MR-20 SR-3 SR-3 UMU SR-5 MR-12 SR-2 SR-3 SR-3 SR-3 SR-3 SR-3 DR-6 SR-3 I DR-6 UI UI DR-6 MR-20 I NMU MR-20 SR-5-LRO SR-5-LRO I NMU-PD MR-12 NMU SR-5-LRO O s h k o s h City Li m it O s h k o s h C ity Li mit BOWEN STBOWEN STHHAARRRRIISSOONNSSTTE LINWOOD AVE LINWOOD AVASHLAND STASHLAND STEVANS STEVANS STNICOLET AVNICOLET AV JEFFERSON STJEFFERSON STGROVE STGROVE STOAK STOAK STHAZEL STHAZEL STMT VERNON STMT VERNON STMALLARD AVMALLARD AV LIBBEY AVLIBBEY AV SSHHOORREEWWOOOODDDDRRE PACKER AVE PACKER AV GREENWOOD CTGREENWOOD CT BAVARIAN CTBAVARIAN CT E SMITH AVE SMITH AV DDOOCCTTOORRSS CCTT LLEEEEWWAARRDD CCTT WW MT VERNON STMT VERNON STE SMITH AVE SMITH AV SR-5-LRO C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 8/30/2022 1 in = 500 ft1 in = 0.09 mi¯2333 BOWEN ST2333 BOWEN 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: 8/30/2022 1 in = 200 ft1 in = 0.04 mi¯2333 BOWEN ST2333 BOWEN 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