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Home My WebLink AboutItem VPLAN COMMISSION STAFF REPORT JULY 18, 2023 ITEM V: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR AN OUTDOOR DISPLAY AT 3020 JACKSON STREET (JOES POWER CENTER INC.) GENERAL INFORMATION Applicant: Joes Power Center Inc. Owner: Dowling Investments – Jackson, LLC Action(s) Requested: The applicant is requesting a Conditional Use Permit for an Outdoor Display land use for the property located at 3020 Jackson Street. Applicable Ordinance Provisions: Outdoor Display land uses are permitted only through a Conditional Use Permit (CUP) in the Suburban Mixed Use Zoning District (SMU) as regulated in Section 30-52(C) of the Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The subject site consists of a 3.36-acre parcel with frontage on Jackson Street, south of W Fernau Avenue. The site is currently vacant and was previously used by Krueger Auto as a car dealership. The 2040 Comprehensive Land Use Plan recommends Mixed Use for the site. The site is surrounded predominantly by other commercial uses, some of which are in the Town of Oshkosh as this area of Jackson Street is fragmented between City of Oshkosh and Town of Oshkosh. Subject Site: Existing Land Use Zoning Suburban Mixed Use SMU Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning: Existing Uses Zoning North Commercial Suburban Mixed Use South Town of Oshkosh West Town of Oshkosh East Industrial Heavy Industrial Page 1 Item V – CUP: Outdoor Display – 3020 Jackson St. 2 Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Plan Recommendation Mixed Use ANALYSIS Use The applicant is proposing to utilize the existing building and site to sell lawn and garden equipment and parts. The applicant states they will display handheld and walk behind equipment in the existing building and display most of the ride on equipment in the proposed outdoor display area. Ride on equipment consists of residential and commercial zero turn mowers, lawn and garden tractors, rear engine riders, compact tractors, stand on mowers and blowers, as well as trailers and jobsite UTV’s. The applicant states that trailers and jobsite UTV’s are only sold on occasion because they keep limited stock of these items. According to the applicant, Joe’s Power Center typically has one or two of each piece of equipment assembled at a given time and those units are what can be viewed and bought. When a product is sold a new, unassembled unit is taken out of storage, assembled and put out on display. This process makes the stock appear to always be on display but in reality, the units are actively being sold and new product is put on display. The applicant states they will use existing pavement as their display area per the provided site plan. Site Design & Access The existing site has one access drive off of Jackson Street that accommodates two-way traffic in and out of the property. The applicant is proposing to stripe a total of 18 stalls, which is over the minimum requirement for outdoor display and indoor sales. Submitted plans show the Page 2 Item V – CUP: Outdoor Display – 3020 Jackson St. 3 western portion of the parking lot, and a smaller section on the north side, to be used as an outdoor display area and other areas of the site as parking. It should be noted that if needed there is more pavement available if parking becomes an issue. Required Provided Parking Spaces Min: 17 18 Impervious Surface Max: 70% of lot +/- 18% of lot The applicant is meeting the parking requirement of one space per 1000 square feet of outdoor display area and one space per 300 square feet of gross floor area for indoor sales. The property is significantly under the maximum allowed impervious surface. Signage Any new signage will need to meet sign regulations of the Suburban Mixed-Use District. Lighting The applicant has not submitted a photometric plan. Any new lighting will be addressed under a permit application. Storm Water Management No changes occurring to the site Landscaping The applicant does plan to update the landscaping; however, it is not required for this CUP application and approval. 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. Page 3 Item V – CUP: Outdoor Display – 3020 Jackson St. 4 (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 an outdoor display land use at 3020 Jackson Street as proposed with the findings listed above. Page 4 Page 5 Page 6 Page 7 To the City of Oshkosh Planning Commission RE: 3020 Jackson St. Conditional Use Permit Joe’s Power Center is in the process of purchasing this Jackson St. property with plans to run a satellite store out of the location. We sell lawn and garden equipment and parts. Handheld and walk behind equipment will be displayed in the showroom (inside the building). Most of our “ride-on” equipment we are hoping; pending permit this approval for the outdoor storage area, to display along the western and northwestern edge of the parking lot. Equipment we would display include residential and commercial zero turn mowers, lawn and garden tractors, rear engine riders, compact tractors, stand on mowers and blowers, as well as trailers and jobsite UTVs on occasion (we keep very limited stock of trailers and UTVs) How we usually handle units when sold and how that impacts outdoor display: Typically Joe’s Power Center; depending on customer traffic, only has 1 or 2 units of each model assembled at any given time. These assembled and displayed units are what we show our customers and let them “kick the tires” on. When a unit is sold, we send out the unit that is assembled and out for display. We then pull the same model out of storage, assemble and replace the sold display unit. To somebody that may drive by everyday it could seem we’ve had the units sitting there for quite some time, however the rate at which most of the units are sold, that display inventory is getting turned over every couple of days. Thank you for your time in considering our outdoor display area request. Adam Ginthum Office Manager Joe’s Power Center, INC 534 S. Washington ST. Kimberly, WI 54136 Page 8 Page 9 CUP 3020 JACKSON ST PC: 7/18/2023 ABC BEVERAGE CORP 400 N WOLF RD STE A MELROSE PARK, IL 60164 PINNACLE PROPERTY HOLDINGS LLC 7742 SPALDING DR #353 NORCROSS, GA 30092 JACK E CARSTENS N979 GLENNVIEW DR GREENVILLE, WI 54942 REDEMANN SELF STORAGE LLC 3677 HICKORY RIDGE RD OSHKOSH, WI 54904 AVENUE PROPERTIES I INC 3048 JACKSON ST OSHKOSH, WI 54901 MSN JACKSON RENTALS LLC 3051 JACKSON ST OSHKOSH, WI 54901 DANIELC CAMPBELL/MAGGIE J EDWARDS C/O DAVID BROWN 1011 MORNING SUN WAY LAS VEGAS, NV 89110 CMA INVESTMENTS LLC 4535 STATE RD 91 OSHKOSH, WI 54904 JON J GAFNER 2968 JACKSON ST OSHKOSH, WI 54901 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH, WI 54901 JOES POWER CENTER INC 534 S WASHINGTON ST KIMBERLY, WI 54136 DOWLING INVESTMENTS JACKSON LLC 3596 STEARNS DR OSHKOSH, WI 54901 Page 10 JACKSON ST Oshkosh OshkoshCityCityLimitLimit Oshkosh City LimitOshkosh City Limit J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/6/2023 1 in = 120 ft1 in = 0.02 mi¯3020 JACKSON ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 11 LOGAN D R W PACKER AV W PACKER AV E PACKER AV JACKSON ST N MAIN ST E FERNAU AVW FERNAU AV Oshkosh City LimitOshkosh City Limit Oshkosh City LimitOshkosh City Limit O s h k o s h C it y Li m it O s h k o s h C it y Li m it BP BP-PD DR-6 HI HI I MR-12 MR-12 MR-20-PD MR-20-PD SMUSMU SMU SMU SMU SMU SMU SMU-PD SR-5 UI UI UI J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/6/2023 1 in = 500 ft1 in = 0.09 mi¯3020 JACKSON ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 12 JACKSON ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/6/2023 1 in = 100 ft1 in = 0.02 mi¯3020 JACKSON ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 13