HomeMy WebLinkAbout06. 22-160APRIL 26, 2022 22-160 RESOLUTION
CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC
IMPLEMENTATION PLAN FOR A FENCE ADDITION AT 0
PLANEVIEW DRIVE
INITIATED BY: A.A.I. PROPERTIES
PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions
WHEREAS, the Plan Commission finds that the General Development Plan and
Specific Implementation Plan for a fence addition at 0 Planeview Drive, is consistent with
the criteria established in Section 30-387 of the Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a General Development Plan and Specific Implementation Plan for a fence
addition at 0 Planeview Drive, per the attached, is hereby approved with the following
findings:
1. The proposed Planned Development project is consistent with the overall
purpose and intent of this Chapter.
2. The proposed Planned Development project would maintain the desired
relationships between land uses, land use densities and intensities, and land
use impacts in the environs of the subject site.
3. Adequate public infrastructure is or will be available to accommodate the
range of uses being proposed for the Planned Development project, including
but not limited to public sewer and water and public roads.
4. The proposed architecture and character of the proposed Planned
Development project is compatible with adjacent/nearby development.
5. The proposed Planned Development project will produce significant benefits
in terms of environmental design and significant alternative approaches to
addressing development performance that relate to and more than
compensate for any requested exceptions/base standard modifications
variation of any standard or regulation of this Chapter.
APRIL 26, 2022 22-160 RESOLUTION
CONT’D
BE IT FURTHER RESOLVED that the following are conditions of approval for a
Specific Implementation Plan and General Development Plan for a fence addition at 0
Planeview Drive:
1. BSM Base Standard Modification to allow increased front yard fence height to
6’, where code allows a maximum height of 4’.
2. Base Standard Modification to allow chain link fencing in a front yard.
3. A minimum of 30 street frontage landscaping points shall be provided.
4. Final landscaping plans shall be approved by the Department of Community
Development.
City Hall, 215 Church Avenuenue 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: April 21, 2022
RE: Approve General Development Plan and Specific Implementation Plan for Fence
Addition at 0 Planeview Drive
BACKGROUND
The subject area is zoned Suburban Mixed Use with a Planned Development Overlay (SMU-PD)
and consists of a 4.85 acre parcel with frontage on Planeview Drive. The subject area contains an
approximate 61,000 sq. ft. truck parking lot, constructed in 1998 according to City Assessor
records. The surrounding area consists predominantly of vacant land as well as similar truck
stop uses to the north, hotel and Nekimi Town Hall to the south, and Interstate-41 to the east.
The 2040 Comprehensive Land Use Plan recommends Interstate Commercial use for the subject
area.
ANALYSIS
The only change to the site being proposed at this time is addition of 6’ tall chain link fencing
including a sliding gate at the entrance to the truck parking area. According to the applicant, the
fencing/gate is needed to secure the lot to protect the vehicles and products loaded in the trailers.
The proposed fencing will extend 38’ on both the north and south sides of the entrance, with 10’
sections extending toward the road, and 48’ double sliding gate (24’ per gate section). The gate
will be approximately 17’ from the front property line, with fencing sections extending toward
the road to approximately 7’ from the front property line.
Chain link fencing is prohibited in front yard areas and the maximum height is 4’ for fencing
within the front setback area (25’) in the SMU district. Staff is supportive of a base standard
modification (BSM) to allow the 6’ tall chain link fencing in the proposed location as it is needed
to secure the entrance to the existing parking lot. The existing parking lot is approximately 23’
from the front property line. Moving the fencing further from the property line would result in
the fencing/gate being located within the parking lot rather than at the entrance to the parking
area. Also, the site has a relatively large right-of-way terrace area, with the front property line
approximately 27’ from the road.
City Hall, 215 Church Avenuenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
RECOMMENDATION
The Plan Commission recommended approval of the General Development Plan and Specific
Implementation Plan with findings and conditions on April 19, 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
ITEM: GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION
PLAN FOR A FENCE ADDITION AT 0 PLANEVIEW DRIVE
Plan Commission meeting of April 19, 2022.
GENERAL INFORMATION
Owner/Applicant: A.A.I Properties
Action(s) Requested:
The applicant requests approval of a General Development Plan and Specific Implementation
Plan to allow a fencing addition at 0 Planeview Drive.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Background Information:
The subject area is zoned Suburban Mixed Use with a Planned Development Overlay (SMU-PD)
and consists of a 4.85 acre parcel with frontage on Planeview Drive. The subject area contains an
approximate 61,000 sq. ft. truck parking lot, constructed in 1998 according to City Assessor
records. The surrounding area consists predominantly of vacant land as well as similar truck stop
uses to the north, hotel and Nekimi Town Hall to the south, and Interstate-41 to the east. The
2040 Comprehensive Land Use Plan recommends Interstate Commercial use for the subject area.
Subject Site
Existing Land Use Zoning
Truck Parking Lot SMU-PD
Recognized Neighborhood Organizations
N/A
Adjacent Land Use and Zoning
Existing Uses Zoning
North Truck Stop SMU-PD
South Hotel & Nekimi Town Hall SMU-PD
East Interstate-41 SMU-PD
West Truck Parking Lot SMU-PD & Town of Nekimi
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Interstate Commercial
ITEM IV: GDP.SIP 0 Planeview Dr 2
ANALYSIS
Use
No changes are being proposed to the existing truck parking use. The current use is considered a
freight terminal under the zoning ordinance, and is a legal nonconforming use as it is not
permitted in the Suburban Mixed Use (SMU) district. The applicant has noted in the narrative
that in the future they intend to add a building including a washout bay, maintenance shop, and
offices to be used as the headquarters for Kela Transport. Plans have not been submitted for the
future plans.
Site Design/Access
There are no changes proposed to the existing site design or access. The only change to the site
being proposed at this time is addition of 6’ tall chain link fencing including a sliding gate at the
entrance to the truck parking area. According to the applicant, the fencing/gate is needed to
secure the lot to protect the vehicles and products loaded in the trailers.
The proposed fencing will extend 38’ on both the north and south sides of the entrance, with 10’
sections extending toward the road, and 48’ double sliding gate (24’ per gate section). The gate
will be approximately 17’ from the front property line, with fencing sections extending toward
the road to approximately 7’ from the front property line.
ITEM IV: GDP.SIP 0 Planeview Dr 3
Chain link fencing prohibited in front yard areas and the maximum height is 4’ for fencing within
the front setback area (25’) in the SMU district. Staff is supportive of a base standard modification
(BSM) to allow the 6’ tall chain link fencing in the proposed location as it is needed to secure the
entrance to the existing parking lot. The existing parking lot is approximately 23’ from the front
ITEM IV: GDP.SIP 0 Planeview Dr 4
property line. Moving the fencing further from the property line would result in the fencing/gate
being located within the parking lot rather than at the entrance to the parking area. Also, the site
has a relatively large right-of-way terrace area, with the front property line approximately 27’
from the road.
Storm Water Management/Utilities
The Department of Public Works reviewed the plans and did not note any concerns.
Landscaping
There are several existing trees and shrubs along the front property line. The applicant has stated
that all existing landscaping will be preserved.
The new fencing does not trigger any additional landscaping requirements. However, staff is
recommending an additional 30 street frontage landscaping points to offset the requested BSM
and soften the view of the proposed fencing.
Signage
Signage plans were not included with this request.
Lighting
No changes to the existing lighting for the site were included with this request.
Building Facades
No building plans were provided with this request.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends the Plan Commission make the following findings based
on the criteria established by Chapter 30-387 (C)(6):
(a) The proposed Planned Development project is consistent with the overall purpose and
intent of this Chapter.
(c) The proposed Planned Development project would maintain the desired relationships
between land uses, land use densities and intensities, and land use impacts in the environs
of the subject site.
(d) Adequate public infrastructure is or will be available to accommodate the range of
uses being proposed for the Planned Development project, including but not limited to
public sewer and water and public roads.
(g) The proposed architecture and character of the proposed Planned Development project
is compatible with adjacent/nearby development.
(i) The proposed Planned Development project will produce significant benefits in terms
of environmental design and significant alternative approaches to addressing
development performance that relate to and more than compensate for any requested
exceptions/base standard modifications variation of any standard or regulation of this
Chapter.
ITEM IV: GDP.SIP 0 Planeview Dr 5
Staff recommends approval of the General Development Plan and Specific Implementation Plan
with the findings listed above and the proposed following conditions:
1. Base Standard Modification to allow increased front yard fence height to 6’, where code
allows a maximum height of 4’.
2. Base Standard Modification to allow chain link fencing in a front yard.
3. A minimum of 30 street frontage landscaping points shall be provided.
4. Final landscaping plans shall be approved by the Department of Community
Development.
The Plan Commission recommended approval of the General Development Plan and Specific
Implementation Plan with findings and conditions on April 19, 2022. The following is their
discussion on the item.
Site Inspections Report: Ms. Propp reported visiting the site.
Staff report accepted as part of the record.
The applicant requests approval of a General Development Plan and Specific Implementation
Plan to allow a fencing addition at 0 Planeview Drive.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. No changes are being proposed to the existing truck
parking use. The current use is considered a freight terminal under the zoning ordinance, and is
a legal nonconforming use as it is not permitted in the Suburban Mixed Use (SMU) district. The
applicant has noted in the narrative that in the future they intend to add a building including a
washout bay, maintenance shop, and offices to be used as the headquarters for Kela Transport.
Plans have not been submitted for the future plans. The proposed fencing will extend 38’ on both
the north and south sides of the entrance, with 10’ sections extending toward the road, and 48’
double sliding gate (24’ per gate section). The gate will be approximately 17’ from the front
property line, with fencing sections extending toward the road to approximately 7’ from the front
property line. Staff recommends approval with the findings and conditions as listed in the staff
report.
Mr. Perry opened up technical questions to staff.
Ms. Davey asked if there is fencing around the other three sides of the property.
Mr. Lyons said presently no there is not. They are looking to prevent access from the road into the
site.
Mr. Bowen asked if there are slats included in the chain link.
Mr. Slusarek said it is entirely chain link.
ITEM IV: GDP.SIP 0 Planeview Dr 6
Mr. Perry said he noticed there is a key pad entry. He has a concern that the key pad entry will
not allow a semi-truck enter without having to get out and block a portion of the road due to the
length of the semis.
Mr. Lyons said they will work with the applicant on how that would work.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Anes Kelecija, 0 Planeview Dr, said they are looking to secure the lot. There has been incidents
where he has been doing maintenance on the trailer, and people will enter the lot. He is also
concerned about securing their products. The cargo they transport is worth about $250,000. They
hope to build a building there in the future that would include a truck wash, truck maintenance
and offices for headquarters.
Ms. Propp asked if Mr. Kelecija had an answer to the key pad concern.
Mr. Kelecija said the original idea for a key pad was to be able to rent out spaces to other
companies to have a secure entry. There is no issues getting rid of the key pad and giving drivers
a clicker to open the gate so they would be able to open it before entering the lot.
Ms. Davey asked how it is secured with only one side being fenced.
Mr. Kelecija said the other three sides are not accessible by vehicle since there are bushes and
other obstructions in the way.
Ms. Davey asked if the only threat then would be by those with a vehicle.
Mr. Kelacija said that because the pallets of product weight around 1000-2000 pounds, it would
be impossible for someone to carry that on foot. There are plans for future fencing around those
three sides once the lot is developed.
Mr. Lyons said there are also ditches along the other sides to make it difficult for people to enter.
Mr. Mitchell asked if they are going to remove any landscaping once the fence is installed.
Mr. Kelecija said no, they are not removing any landscaping.
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 Ford to adopt the findings and recommendation as stated in the staff report.
ITEM IV: GDP.SIP 0 Planeview Dr 7
Seconded by Davey.
Mr. Perry asked if there was any discussion on the motion.
Mr. Mitchell asked for clarification on the 30 landscaping points.
Mr. Lyons said most of the shrubs in the ordinance are three to three and a half points for the six
foot tall evergreen shrubs. They could do about ten shrubs or two trees.
Mr. Mitchell asked if that was consistent with other developments along the frontage roads.
Mr. Lyons said they looked at the linear footage of the fenced area that exceeds the four feet
height and based that off of what the code would typically require.
Motion carried 7-0.
GDP/SIP
0 PLANEVIEW DR
PC: 4/19/2022
TRUCK STOP LLC
N86W16317 APPLETON RD
MENOMONEE FALLS, WI 53051
BABA NANAK HOSPITALITY GROUP
CORP
8176 BASIL CT
NEENAH, WI 54956
TOWN OF NEKIMI
3790 PICKETT RD
OSHKOSH, WI 54904
AAI PROPERTIES LLC
PO BOX 270564
HARTFORD, WI 53027
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Prepared by: City of Oshkosh, WI
Printing Date: 3/28/2022
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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\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 3/28/2022
1 in = 500 ft1 in = 0.09 mi¯0 PLANEVIEW DR0 PLANEVIEW DR
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: 3/28/2022
1 in = 100 ft1 in = 0.02 mi¯0 PLANEVIEW DR0 PLANEVIEW DR
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