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Home My WebLink About06-58.doc FEBRUARY 14, 2006 06-58 RESOLUTION (APPROVED~LOST LAID OVER WITHDRAWN ) PURPOSE: GRANT CONDITIONAL USE PERMITS; APPROVE FINAL PLANNED DEVELOPMENTS: A) 502 WEST MURDOCK AVENUE B) SOUTH WASHBURN STREET C) 1701 FOUNTAIN AVENUE INITIATED BY: A) B) C) MICHAEL DUNLAP, PETITIONER RANDY STREBLOW, PETITIONER LORENZ RANGELOFF, PETITIONER PLAN COMMISSION RECOMMENDATION: All found consistent with Standards set forth in Section 30-11 (D) of the Zoning Ordinance and approved w/conditions as noted. BE IT RESOLVED by the Common Council of the City of Oshkosh that conditional use permits are hereby granted for the following properties under Section 30-11 of the Oshkosh Zoning Ordinance, and that said permits are granted with conditions, if any, as noted for each respective property, and the Planned District Overlay and final development plans, per the attached exhibits, are hereby approved. A) 502 W. Murdock Avenue; Michael Dunlap, petitioner A conditional use permit to establish a used automobile dealership, per the attached "Exhibit A", with the following conditions: 1) 2) 3) 4) 5) Site/business is maintained and operated per the submitted site plan. No more than 6 automobiles displayed on-site at any given time. Automobile repair and service, other than cleaning, is prohibited. Storage of inoperable/junked vehicles or parts on the site is prohibited. Sale of only automobiles, pickup trucks one ton or less, and SUV's. S. Washburn Street, south of 3265 S. Washburn Street; Randy Streblow, petitioner A conditional use permit to replace an approximate 512 sq. ft. off-premise directional lodging sign in a planned development, per the attached "Exhibit B", with the following conditions: B) 1) 2) 3) Sign is only permitted as an off-premise directional lodging sign. No changes permitted to the sign copy structure without City approval. East edge of the sign must be setback a minimum of 25 ft. from the edge of the right-of-way and the petitioner/owner to provide setback verification prior to sign erection. FEBRUARY 14, 2006 RESOLUTION CONT'D 06-58 C) 1701 Fountain Avenue; Lorenz Rangeloff, petitioner A conditional use permit to expand an existing planned development to add used automobile sales and vehicle towing/storage, per the attached "Exhibit C", with the following conditions: 1 ) The conditional use permit be valid for a period of two (2) years from its date of approval by the Common Council, at which time the site and uses be fully reviewed for compliance. Base code modification is granted for reduction in the transition yard on the west property line from 17.5 ft. to 10 feet. Site/business is maintained and operated per the submitted site plan. There is no expansion of the "historic" uses on-site without prior approval. Outside storage of parts, fluids, tires and other automotive service related items shall be prohibited in all areas other than the enclosed storage area. A landscape plan be submitted with a planting schedule identifying specie types and quantities for Department of Community Development review and approval. An example and depiction of the proposed fencing of the tow storage area be submitted to the Department of Community Development for review and approval. A statement explaining the scope of work to be done on the existing structure be submitted to the Department of Community Development for review and approval. Towing-related fleet vehicles are limited in parking location to under the existing metal canopy, between the canopy and the building or in the screened storage areas. Base code modification is granted to allow a metal fence, with fencing to be approved by the Department of Community Development. 2) 3) 4) 5) 6) 7) 8) 9) "EXHIBIT An Conditional use pennit narrative For 502 W Murdock This narrative describes our proposed use and request for a conditional use pennit at 502 W Murdock, Oshkosh. This property is located on the Northwest comer of Jackson and Murdock. This property is currently being used by two businesses. The first is an automatic car wash situated on the west side of the building. The car wash will remain and continue to operate. The second business which rents two garage stalls and a small office runs an automotive detailing business. We have negotiated to lease the two garage stalls and adjoining office and would like to open and operate a used car sales business. Our business strategy, methods and marketing will be different than most car lots within the surrounding areas. We will be retailing used cars predominantly using the internet. Inte11-1et sales allows us to do business throughout the country as well as locally. A typical transaction would be a customer in another state or town bIds and purchases a vehicle from us online. They either fly into the local airport where they can pick up the vehicle or we arrange for shipment. Our operation will be fairly small in comparison to other similar businesses. We will not have dozen's of cars on display. We only plan to have three to six cars in inventory at anyone time and two vehicles will be operated off site. This business location will be used primarily as a location to clean, detail, and prep oUr cars and display to the public. Because of the small nature of our business and the low inventory we will not have employees. We feel our proj ected number of customers that will egress off from Murdock into our parking lot will be two to three at the most daily. Mike Dunlop, the. owner of this business and petitioner of this pennit will be the only person licensed to sell and transact sales ofvehic1es. Because most of our business is generated on the internet our hours of operation will be approximately 15 to 20 hours per week. 502 Murdock is surrounded on all four sides by commercial business. Directly North of our building lies the Columbus Club building and it large rear parking lot. The Columbus Club structure blocks the view of our parking lot to other land owners further North. North ofthe Columbus Club is a church parking lot and further north is Jacobson automotive. Directly West and next door to us is the Dairy Queen parking lot and building. Further west for the next Yz mile are other commercial business. East and adjacent to our parking lot is Li Yangs Chinese restaurant and its parking lot. Further East at the comer of Murdock and Jackson is the Kentucky Fried Chicken. The South side of Murdock lies commercially zoned property and its business's. At the Southwest comer of Murdock and Jackson is the Mobile gas station. Directly south for 502 is the Pizza Hut and next to it is an optical doctor office. 502 Murdock is clearly compatible with the surrounding properties and businesses. There are no residential properties in view or close proximity of our location. There are 17 designed parking spaces on the property of which two to three will be used to display a vehicle. Our operation will have little to no negative impact to the environment or our surrounding neighbors. We will not "EXHIBITA" cont'd be conducting automotive repairs on the property. If maintance is required we will . contract the work out to an ASE certified repair station. No painting or chemicals will be used, other than cleaning supplies, which create fumes or odors. We are not a salvage operation. We will not be rebuilding cars from "Junkers" nor will there be any salvaged vehicles stored on the property. We live in the city of Oshkosh. Its continued success, improvements and beautification is important and valued by us. We will always maintain and clan and esthetically pleasing location for our community and customers to benefit from. The commercial nature of 502 W Murdock and its surrounding commercial business is a perfect location for us and the community. There is no reasonable argument that we will impact other business what so ever. We won't affect traffic or noise pollution and we won't impact any residential. areas orthe environment. For these reasons we are requesting that a conditional use pennit be granted at this time. . "EXHIBIT An cont'd f 1 CoL."""\:>.,,, c.\..ve. t'c,{'?"""j Cot.v...þJe, CLv,j. rc,(\('I"'.9 I f 1 CoL.\! y.,. ~\J5 -35'1.5 ' r CLvß PAr k. 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(,AS n EXHIBIT B ff The purpose for the conditional use permit is for a business billboard sign. The sign structure has been there for approx. 45 years. For the past 20 years I (Circle R Campground) have been renting the structure for a , directional billboard with info facing both North and South. This sign not only gives directions to the campground but also generates business. Currently it is located on farm land with no housing or buildings near it. There are many other billboard signs not far from our sign which are much larger and closer to other businesses. These are owned by commercial sign companies. .. In the middle of October new sign boards were put up to replace the old ones that werè inpretty,bad shape. About a month later, due to strong winds in Winnebago County, the sign boards were blown off and damaged. The main pole structure is still intact. , ," Photo taken 10/14/05 "EXHIBIT B" cont'd -)- 0 ~ íò ~ ~ ~~ (;,) -- ~ "- ~ I 'J I , ì ! ¡~ j -9 ,',- ~ ~ C '2 0 .5~/6/ Í--- rK6tJffi6é !?O!{ f) tv }J ...... >1 I ~: '" '" rl r:J ,,"'-.....ì \ Q. { \ ¡ ---... ',,> ì~:i>"i ¡ " , ; ('2 , '-- -- "'¡'-., 0 I I I ) /....., /' .. ,/ / , " " " :,',", ~.-'1i "" ..-~"..." '-'\,.) ..." ..." / ..- -,., -- '" , . '", ~ ' ~ ..-...-" I ! ,/ '- , " " " ",- -", // / r \ \ \ j PROPOSED !n N LOC¡ITI6N I I ,I (\ \ ' \ ) .-<, \ \ \ ~ ø:' 0"". I~ i ~ . ~ ~ (", ',/ - - IP LE E. g, & f:::o .~ ^' o-t' êf~ DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one, This drawing is a compilation of records, data and information located in various city, county and state offices and ()ther sources affecting the area shown and it is to be used for reference purposes only, The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. S Washburn St Off-Premise Sign 0 I 1000 Feet , + City of Oshkosh Wisconsin Community Development Created by - dpb 2/8/06 ., f ¡ Ql/18/06 17:33 FAX 9207259077 wn.rKEL LAWOFFIC "EXHIBIT C" CONDITIONAL USE APPLICATION FOR COlUN$ TRUCK STOP REVISED NARRATIVE FOR PROPOSED CONOmONAL USE (JANUARY 10, 2006) 1. Proposed Use of Properly. The historic use of the Property has been as a truck stop for the lost forty plus years, This truck stop use included (i) towing in for repairs, (ii) repair of autos/trucks, (iii) food service, (iv) sale of auto/truck parts, (v) sale of gasoline, (vi) sale of general auto merchandise, (vii) truck weighing and washing, (vHi) storage of trucks and trailers, etc, Due to Highway 76 reconstruction, the property has lost its frontage road access to and from the new Highwoy45. The applicant is goingta use the Property for all its historic uses since the property has legal non-conforming use status for these histor;c uses, Such uses predated the èhange in the zoning codes. ' The applicant is proposing only two new uses for the Property that require a Conditional Use. The first new u~e is that of used car sales. The second new use is that of off-site towing (other than vehicles towed in for repair). The off. site towing does not require 0 conditional use. However, storage of towed vehicles might require a conditional use. The applicant is proposing to giye, as a condition to receiving conditional use approval for the two new uses, the following improvements to the Property: 1. Stripe the front parking area to park vehicles in an orderly fashion, which currently does not have to occur. Make a truck trailer stand out of concrete so that truckers park their trailers in an orderly fashion; which does not have to occur. Remove the front gas pumps and canopies to give the properly a more esthetic look; which currently does not have to occur. landscape the front and side of the Property; which currently does not have to occur. Remove the old gas tanks; which currently does not have to occur. Fence in an area on the west side to screen any wrecked vehides awaiting disposition. 2. 3. 4. s. 6. If the Applicant does not obtain permission to do the two new uses proposed, then the applicant will continue to operate the business the way it has historically been operated under its legal non-conforming status and not make the improvements set forth above; bécause the Property would then not warrant the investment of money the improvements would require. As such, the applicant believes his proposal to be a very fair one. \IV .Lo/ va i,{ : 33 YAK 9207259077 7. 8. 9. wíNIŒL LAW OFFIC "EXHIBIT elf cont'd The proposed future use of the property wou Id be a truck stop with service for autos and trucks, and oJ! accessory uses as historicorly been offered as itemized above, including twenty four hour wrecker service for towing, and used auto , and truck sales. 2. Existing Use of the Property. The property is currently used as a truck stop business, (as described above) including towing, and repair of trucks and automobiles. 3. Identification of Structures on the Prooeriv and Their Relation to the Pro¡ect. The property currently has gas pumps, scale with a scale house, a restaurant and sales area, and a truck wash and service facility. The gas pumps would be removed and the restaurant dosed down if the conditional use for the two new uses is approved. 4. Projeded Number of Residents. Employees and Daily Customer~. The daily customers would stay approximately the same as historical use has been. Depending on the day, customers could number five to fifty, The number of employees would increase from the current two to no more than twelve. 5. Proposed Amount of Dwelling Units, Floor Area, landscape Area and Parking Area E:Koressed in Sauare Feet and Acreage. The site is 5.23 acres. There are no dwelling units. There would be a small amount of additional' paving added for parking os shown on site plan. Most of the property is currently paved. Extensive new landscaping would be done as set forth on the attached site plans. 6. Effects on Ad¡oining Properties. The main hours of operation would be 7:00 a.m. to 7:00 p~m. There would be twenty four hour towing available. There would be no increase in the noise, glare, order, fumes vibrations, ele. from current use and historical use. Surrounding land Uses. To the east is Highway 41. To the west is vacant land used as farming. To the south is vacant land used as farming. To the north is a trailer park. Compatibility of the Proposed Use with Ad¡ocent and Other Properties in the Area. Since the property is surrounded by vacant land, highway cmd trailer park, compatibility is excellent. Air the surrounding land is zoned M-l. Traffic Generation. Current traffic is off the Highway 41 frontage road called Green Volley and the east/west road called Fountain Drive. There would be no change in that traffic, There would be no additional traffic generated since the historical use os a truckstop will not be materially changed U~/Lð/Uti 17:33 FAX 9207259077 11. 12. IVr.r..'lŒL LAW OFFIC "EXHIBITTC" cont'd from a traffic standpoint. 10. Any Other Information Pertinent to Adequate Understanding of Intended Use and its Relation to Near-by Properties. Due to the reconstruction of Hwy 110 to Hwy 45 and the resulting cut-off of the frontage rood access from Hwy 41, this property is in jeopardy of becoming blighted, Its desirability as a truck stop is greatly diminished. It needs to be redeveloped with new uses that do not need the Hwy 4.1 on and off ramp accessibility, The proposed new uses of (i) sales of used autos and (ii) off-site toYfing¡ would retain the property's general character as a truckstop, but would modernize its uses given its now limited highway accessibility. The usesore very compatible with the areal given the vacant properties surrounding the subject property, and the h¡storical use of the property as an automobile and truck related servjçes to Hwys 41 and 45. The following improvements to the properly will be made by the applicant if the application is granted: 1. 2. 3. 4. 5. Removal of buried gas tanks. Removal of above ground gas pumps. Removal of above ground canopies. Extensive new landscaping Fenced in area on west side of property for vehicles awaiting service or pick-up. Striping of front parking area and re-figuring the parking area to make parking of cars on lot side of building more attractive. Installation of concrete parking strip for trailers so trailers can be lined up in an orderly fashion. 6. 7. fenced Outside Storage. There would be a small fenced outside storage area with a six foot solid metal fence as required for towing facilities. Town of Oshkosh Drainage. Since there will be no change to the properties! existing building or parking areas, there will be no affect on current drainage, "'I ~, :5, ~' :5' ..' §;, ! "", i ~I I I i ~I , ~' : §: 1 1 1 , ! I '"' iE! ,,-"'; oj", ,¡ g, -,<J ",,11:1 ",i~ ~!~ ,,-,- oj'" ,""; ~! ...' ~! I' /Vorth /rest South GRAPHIC SCALE , ' ( 111 FEET) Inch - 50 fl \. ¿;CVL~'" ,+ -:1 ::'f r+ ;,1 !'f'"" i I' "" ,," I., " , "I ~,¡~ ""~"-'~"'-:;"'~J' N89'S9'S7"W 271,IS' ~ ~I' ¡;: ~ ,m '" :., R ~ 1O~7 , , ! '; , ," ',', ""'f'" ,""::,>,'",',) '::~";~::,,;" ':~,"i ,':",! .':' ""I'" '... ;"".,¡,;"" PARCEL "8" 8,0000 ACRES TO THE \ RIGHT OF WAY LINES , '8,2418 ACRES TO THE RIGIIT OF WAY LINE AND SECTION LINE "'ISOH. A"'CVL~"" 10 OWAW~ 459,25' S89'59'57"E 041,55' .., ',. ';" 'a' H b:I t:1 '," '" PLA T OF SURVEY C'), = ~ '" '<;;;t / / ,:PARCEL A ~n;f8~~ R~~~~"c/~U~:A~~H~'is%~~í;'llJ~¡;:C~R~O'¡f;;T~E':S~OZ~J:¡~E:O:D~~C~z~"' DESCRIBED AS FOLlOWS, ' ' ... " ," COMMENCING AT THE N, 1/4 CORNER OF SAID SECTION, THWCE soùJIi 89'59'57" EAST AlONG THE NORTH UNE OF'SAID .1/4 >ECTION ~?S,8' f't TO TH",POlNroF BEGINNING OF mE PARCEl TO BE DESCRI8ED, mWCE SOUTH OD'I7"03" EAST, 512,59 FT" THENCE SOUTH 80'59'57" EAST 271.16 f't TO A POINT' O;"'I'I£' ' IIf:STERlY LINE OF GREEN VALLEY ROAD, THENCE NORm 31VO'SS' EAST ALONG SAID LINE 101.12 Ft, mENcE Noøm 22'29'04" EAST AlONG SAiD LlNE"jSO.74 , Ft, mENCE NORm 0"8'24" !\f:ST 204,53 ft TO A ,PÖINT ON mE NORm liNE OF SAID 1/4 SECTION, mEN"'- NORm 89'59'57" ""Sf ALONG SAID LINE 427,36 F1. TO THE POINT 'OF BEGINNING, SAID PARCEl. CONTAINS 5,5595 ACRES (5,2JJ7 ACRES TO mE RIGHT OF WAY LINES) AND IS SUBJECT TO AlL EXISTING EASEMENTS AND RESTRIGTIONS :OF RECORO, ' n "0 '1:1 r1' ~ S,2JJ7 ACRES TO mE RIGHT' OF WAY LINES 5,5595 ACRES Tn, mE RIGHT OF WAY LINE AND SECTlON'lINE PARCEL B SlWA7W ALONG fOUNTAIN A"'NUE, THAT PART OF ß/E'N.E. CORNER Of SECTION J, Tr8N. RISE, CITY OF OSHKOSI/, "'NNEBAGO COUNTY, "'SCONSIN, BOUNOED AND DESGRIBED AS fOLLOWS: COA/MENCING AT THE N, 1/4 CORNER OF ,SAIO S¡'CJ1ON, THENCE SOUTH B9'59'S7" CAST ALONG THE NORTH'UNE Of SAIO 1/4 SECTION 57,61 FT, TO THE POINT OF BEGINNING ,Of 1>IE PAR"'L TO BE DESCRIBED, mENCE Salim 00,7'OJ" EAST 924.fO F~, THENCE soum B9'S9'S7' EAST 459,25 FT. TO A POINT ON mE' IIf:ST LINE OF GREEN VALLEY ROAD, mENCE NORTH 22'JS'DS" EAST AtoNG 'SAID LINE 337,J7 FT.. THENCE NORm B9'S9'S7" IlEST 271.16 FT., mENcE..NOR7H' 0017'03" WEST 612,59 FT. TO A POINT ON THE NORm lINE OF SAID V4 SECTION, THENCE NORm B9"S9'S7" IIf:ST AtoNG SAID LINE ,"9,20 Ft TO THE , POINT Of BEGINNING, SAID PARCEl CONTAINS 8,24IB ACRES (B,OOOD ACRES TO THE RlCHT OF WAY UNES) AND IS SUBJECT TO All EXISTING EASEMENTS AND RESTRICTIONS OF RECORD, , ' JANUARY 22, 2002 fEBRUARY H, 2002 SUR"'Y FOR YIoEnE COLLINS, RŒSE PER STAleE OUT' ~E"'SE PARCEL NUMBERS NO, J082 , ':" '.. f!.N':l,!!Tff:D Y!!!D.§ BEARINGS ARE REFERENCED to mE NORm LINE OF THE N.E. 1/4 ÒF SECTION 3 ~'BN" R,/5E" WHICH HAS AN ASSUMED BEARING OF NORm 89'59'57" IlES~ , , All DISTANCES ARC MEASURED TO I1IE NEAREST HUNDRéDTH OF A FOOT, .': 1'; ( ) DENDTF:S RECORDED DIA/ENSION WHERE DIFFERENT fTT°M, ACWAL flEW MEASUREMENT, 0 DENOTES 3/4 INCH DlAMr:TER iRDN PIPE 24 INCHES lONG SET, WEIGHING 1.50 lBS PER LINEAL fOO~ ' . DENDTF:S 3/4 INÇ1I D,IAME1ÐI 'Roil ROD fDUND, IJ:. DENOTES METAL RIGHT OF,WAY POST FOUND, . DENOTF:S \'a.LOW GAS lINE'GUARD POST FOUND, '--"",,- DENO1/i:S,OVERIIEAO IIIRES ': , 'Q, OENO1/i:S EXISTING U~l;fy POLE. 'Ü DENO1/i:S,WATF:R MANI'10iÊ.', : !,:~:~""' - - ~ -.;..., .." ..." East .~.. 7~:t:::' . ',,:...'::~ .. '...': .., ":, . .'. DâWLlNG.:. ,. '.CONS'i'Rúo1'I'oN.JNQ. '