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HomeMy WebLinkAboutI PLAN COMMISSION STAFF REPORT OCTOBER 21, 2008 ITEM I: CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN REVIEW FOR THE OPERATION OF A REPAIR/SERVICE FACILITY, SALES LOT, TRUCK STOP AND TOWING/TEMPORARY STORAGE BUSINESS AT 1701 FOUNTAIN AVENUE * * * THIS ITEM WAS LAID-OVER AT THE PLAN COMMISSION MEETING OF OCTOBER 7, 2008. THE PETITIONER SUBMITTED A REVISED SITE PLAN AND PROPOSAL OF USES ON OCTOBER 8 (ATTACHED). THE PETITIONER AGAIN SUBMITTED A MODIFIED SITE PLAN AND SUPPORT NARRATIVE ON OCTOBER 15 (ATTACHED). STAFF HAS NOT HAD SUFFICIENT TIME TO ANALYZE THESE MODIFICATIONS AND DEFERS RECOMMENDATION TO THE PLAN COMMISSION. * * GENERAL INFORMATION Applicant/Owner: Loren's 41 Truck Plaza, LLC Action(s) Requested: The applicant is requesting a conditional use permit and approval of a planned development for "uses listed below, but not limited to," the operation of a truck stop with overnight accommodations, mechanical repair of motor vehicles and other miscellaneous equipment, body work on motor vehicles and other miscellaneous equipment, sales of heavy duty trucks/trailers/RVs/motorcycles/passenger vehicles and other miscellaneous equipment, sale of new/rebuilt and used auto/truck parts/supplies, sales of commercial equipment, sales of gas, sales of food, truck weighing & washing, Tube center, 24 hour wrecker service for towing (heavy and light duty), storage and overnight parking of trucks and trailers including rental parking, and road service, tire service and other sales. Applicable Ordinance Provisions: The Zoning Ordinance establishes criteria and guidelines for the establishment and/or amendment of a PD overlay district in Section 30-33 (A)(1) and Conditional Use Permit in Section 30-11 (D). Property Location and Background Information: The subject six acre site consists of two parcels located at 1701 Fountain Avenue, which was annexed to the City of Oshkosh in 1994. It was used as a "truck stop" for approximately 50 years and contains a small Ameritech public utility structure on the north side of the site. The current land owner applied for conditional use permit/planned development approval to expand the nonconforming truck stop facility use and add used vehicle and parts sales, vehicle repair, vehicle wrecking/dismantling, and vehicle towing/temporary vehicle storage before the Plan Commission on May 17, June 21 and December 06 of 2005 where each request was tabled, primarily because of the site's proximity to Highway 41 and noncompliance with the Highway 41 Corridor site requirements as well as the appropriateness of the use at the site, which was described by Commissioners as a "gateway location" into the City. On February 07 2006, a request again came before the Plan Commission with a modification from previous requests in that the applicant proposed to only add used automobile sales and vehicle towing/screened temporary storage to the existing and unexpanded truck stop use. This request received a positive Plan Commission recommendation and was subsequently approved by the Common Council on February 14, 2006, with multiple conditions including a two-year review period for compliance with city codes. The two-year review took place at the March 4, 2008 Plan Commission meeting where it was denied unanimously by a vote of 0-8 and was subsequently denied by the Common Council at their March 11, 2008 meeting where it was denied by a vote of 1-6. The petitioner has had a new site plan and elevations drafted and again propose to reestablish multiple uses on the property. Sub'ect Site Existin Land Use Zonin Truck Stop/Service Facility/Towing/Automobile Sales M-1 PD/Highway 41 Overlay Adiacent Land Use and Gonin Existing Land Uses Zoning North R-3 PD/ Highway Mobile Home Park across Fountain Avenue 41 Overla .................._..........._...............__..._~..............................._.....__........................_.~.................................................~....._..............................................................................................._..y...................-- -......... South Office & Light Industrial-Omni Paint & Glass C-2PD East West Town Of Oshkosh- County Zoned M-2 ture (across US Hi~hwav "41") & A-1 Undeveloped Commercial/Industrial Lots C-2 PD/Highway 41 Overlay Comurehensive Plan Land Use Recommendation Use Cate oly 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANAi,YSiS The area included in the Conditional Use/Planned Development request includes two parcels owned by the petitioner, Loren's 41 Truck Plaza, LLC. These two parcels must be combined if the site is to be utilized as one proposed development. Reconstruction plans for the Snell Road/Fountain Avenue overpass have been completed and the applicant has had a professional site plan and building elevations created which he has submitted for review and approval of a new Conditional Use/Planned Development. From aland-use/zoning perspective, this site has had considerable review, deliberation and physical changes over the last eight years but ultimately is used as it was when the current owner acquired it in 2005. Staff would like to point out that though the historic issues with the property are important, that this review has been conducted as if this were a new development proposal. Staff contends that this Conditional Use Permit/Planned Development, if approved, will supersede the historic uses on-site and establish what activities can be conducted from the point of adoption by the Common Council forward. Item / -1701 Fountain Ave - CUP/PD Loren's Truck Plaza Uses In the original application, the petitioner proposed to establish selective truck stop uses including "towing in vehicles for repairs, 24 hour wrecker/towing service, repair ofautos/trucks, sale of auto/truck parts and merchandise, truck weighing and washing, storage of trucks and trailers, renting of overnight accommodations and used automobile and truck sales". In a subsequent addendum to the application (attached), the petitioner proposes to also include: "mechanical repair of heavy trucks, trailers, light duty trucks, automobiles, construction equipment, recreational on and off road equipment, & motorcycles; body work for heavy trucks, trailers, light duty trucks, automobiles, construction equipment, recreational on and off road equipment, & motorcycles; sales of heavy duty trucks, trailers, recreational, motorcycles, light duty trucks and automobiles, commercial equipment, new/rebuilt/used parts & supplies, gas, & food; scale/weighing operations; truck wash; Tube center; heavy and light duty towing, hauling & trucking; storage and overnight parking including rental parking; and road service, tire service and sales. Staff believes that the proposed/requested collective uses seems quite vast and though they maybe related to one another, are extremely eclectic and all-encompassing. Additionally, staff is concerned with the language included in the requested uses of the addendum that reads "but not limited to" as it is open ended in regard to permitted uses on-site. That being said, staff agrees with the previous Plan Commission judgment that this site is an extremely important "gateway" into the City proper and as such is unsure of the intensity of uses that may develop over time and therefore the future compatibility of the proposed uses with neighboring uses is unknown. To help better define uses that would have the least negative impact on surrounding developed and yet-to-be developed properties, staff recommends that the proposed uses of the site be listed as conditions of approval and be limited to only: (a) Semi-truck &semi-trailer, automobile and truck repair and body work (b) Wrecking service/towing operations (c) Renting of overnight parking accommodations as a truck stop service (d) Sales of passenger automobiles and trucks (including commercial, recreational and industrial vehicles and equipment) (e) Retail sales of new and used automobile parts. (f) Weighing and washing ofsemi-truck and semi-trailers (g) Open outdoor parking of operational semi-truck and semi-trailers (h) Enclosed outdoor storage of towed vehicles, vehicles awaiting repair and passenger automobiles and trucks awaiting "inspection for sale" Additionally, concern over confusion with said uses and in an effort to keep the more intense and unsightly uses from negatively affecting the proposed business as well as surrounding properties and the "gateway" image of the location, staff recommends to further clarify details of the uses on- site to include that vehicles "not inspected for sale" be stored only within the enclosed outdoor storage area and/or within a structure, that vehicles awaiting pick-up from towing and those awaiting repair maybe stored in open outdoor parking areas no greater than a total of 10 business days, and that all vehicles for sale be in a condition for safe legal operation on the public roadway at all times. Staff will not recommend for an exceptionally large and open ended list of uses, as requested, as it is too broad in scope and has the potential to create an impression of a "catch-all" type commercial/industrial environment that is not conducive to and which may negatively affect the Item I -7701 Fountain Ave - CUP/PD Loren's Truck Plaza multiple uses being recommended by staff for approval on the site, for the developing area or image of this "gateway" to the city. Access The site, as used today, has access in the form of two commercial drives onto Fountain Avenue. These access points are to be removed when the construction of the overpass is completed and therefore requires the creation of a new access point. The Fountain Avenue ingress/egress is proposed to be located on the western portion of the development area and to access the developments active storage areas as well as repair facilities and sales lot. It is proposed to contain an oversized apron, designed as 100 feet in width to accommodate movements as large as towing vehicles hauling semi-truck and trailer. Staff understands the nature of the multiple uses proposed to the site and agrees that the proposed drive is necessary for successful operation of the business and therefore recommends a base standard modification to allow the driveway approach to be 40 feet wide at the property line and 100 feet wide at the pavement, where the Municipal Code permits only a 70 feet wide drive at the pavement. Site Plan Development of the site includes removal of large amounts of the existing building on-site (approximately 2,800 square feet) and two additions to said building (approximately 4,500 square feet), thereby increasing the buildings original size by approximately 1,700 square feet to increase the area for truck and automobile service and the establishment of a sales office as well as to give the structure a "modern and functional" appearance. Additionally, the petitioner is proposing the addition of a future freestanding automobile and truck repair building (approximately 10,500 square feet) on the southern portion of the lot. These building improvements are accompanied by reorganization of an enclosed outdoor storage area, reorganization an outdoor storage and parking area to include trailer stanchions and new truck storage striping (41 spaces), the addition of pavement area including striped and landscaped truck and trailer/automobile parking lots (25 stalls), expanded sales lot (29 display spaces), addition of employee and customer parking (11 stalls) and relocation of the existing truck scale as well as future landscaping. Tow vehicles/wreckers are proposed to be parked/stored under the existing canopy, sales vehicles for sale in the northeastern lot, vehicle parking mainly for semi-trucks and trailers in the southern open storage area/parking lot and towed vehicles/vehicles awaiting repair/vehicles yet to be inspected for sale within the enclosed outdoor storage area. Many improvements to the site as well as the existing conditions are justifiable and are supported by staff but require base standard modifications from the dimensional regulations of the zoning code. These include: (a) Reduced setback on north lot line (Fountain Ave) from 25 feet to 5 feet for the sales lot. (b) Reduced setback on north lot line (Fountain Ave) from 50 feet to 40 feet for the building addition. (c) Reduced setback on east lot line (Green Valley Road) from 25 feet to 15 feet for the sign. (d) Reduced setback on east lot line (Green Valley Road) from 25 feet to 3 feet for the existing storage building. (e) Reduced setback on east lot line (Green Valley Road) from 25 feet to a variable setback as shown on the plans for the paved area. (f) Reduced setback on west lot line (side yard) from 15 feet to 10 feet for the parking area drive lane. Item I -1701 Fountain Ave - CUP/PD Loren's Truck Plaza Additionally, several improvements that also require base standard modifications are proposed that are not supported by staff including reducing the front yard setback on the north lot line (Fountain Ave.) for the outdoor enclosed storage area and fencing from the required 25 feet to 5 feet and decreasing the rear yard setback on the south lot line of the truck scale, associated drive lane and signage to 15 feet from the required 25 feet. The petitioner has indicated that these setback deficiencies/modifications are needed in efforts to provide turning movements as well as provide sufficient storage space on-site. Staff was of the opinion that these issues could be mitigated with the redesign of drive aisles, parking areas and the reallocation of space used and feels that the loss of setback area on the north side of the site as well as behind the proposed repair building will be detrimental to the appearance and impression of this "gateway" property and be potentially detrimental to neighboring uses, be they present or future. The petitioner insists that the semi- truck towing operations truck movements are dictating that the site can not be redesigned and has supplied a copy of a site plan with truck movements depicted. This plan was submitted the day this report was required to be drafted for copying and distribution (October 1, 2008) and as such was not able to be reviewed by the City's Transportation or Civil Engineers. A verbal analysis will be provided at the Plan Commission meeting and may or may not affect staff recommendation, based on concurrence of the truck movement claims with engineering and transportation review. Therefore, at this time staff does not recommend approval of said dimensional variances and recommends an increase to the front yard setback on the north lot line (Fountain Ave.) of the outdoor enclosed storage area and fencing to 25 feet and an increase in the rear yard setback on the south lot line of the truck scale, associated drive lane and signage to 25 feet. Landscaping An extremely rough landscape layout is shown on the site plan including some site perimeter trees and trees within the parking lot landscape islands. Proposed landscaping will be required to meet code standards for the Highway 41 Overlay District and recommends that a landscape plan, meeting the base zoning code requirements, be submitted and approved prior to building permit issuance. Additionally, staff feels that increased levels of landscaping should be provided between the fence of the enclosed outdoor storage area and Fountain Avenue as if it were a parking lot, meaning one tree and five shrubs every 50 feet. This will help to soften the appearance of the outdoor enclosed storage area fencing from the neighboring residential land uses across Fountain Avenue, the traffic traveling to the adjacent business park and also break up the mass of the long solid fence line. It should be noted that the site parking landscaping meets code with the exception of a missing landscape island at the west end and an internal island in the center of the southern parking area parking row as it exceeds 20 stalls/180 feet. Staff feels that the internal island could be varied as the row length is only 23 stalls but feels that the end row island is necessary to help break up the large amount of pavement and assist in defining drive aisles and storage stalls. Therefore staff is recommending the addition of a landscape island, matching those proposed, on the west row end of the truck and trailer parking area is included. Signage A detailed signage package for the site has not been submitted but the site plan indicates several new and relocated signs. Anew sign is proposed on the east property line just south of the sales lot, a relocated sign is proposed next to the Fountain Avenue driveway, and a third sign is proposed to be relocated to the south property line next to the "future" repair building and the Item I -1701 Fountain Ave - CUP/PD Loren's Truck Plaza truck scale. The petitioner has indicated that they do not want to incur the costs associated with said plans until the CUP/PD is approved. Staff wants to point out that proposed signage will be required to meet code standards for the Highway 41 Overlay District and recommends that a signage plan, meeting the base zoning code requirements, be submitted and approved prior to building permit issuance. Li tin A lighting and photometric plan for the site has not been submitted but the site plan indicates several poles to be removed and/or relocated. As with the signage plan, the petitioner has indicated that they do not want to incur the costs associated with lighting design until the CUP/PD is approved. Staff wants to point out that proposed lighting will be required to meet code standards including minimum and maximum light levels as well as full shielded light fixtures and recommends that a lighting and photometric plan, meeting the base zoning code requirements, be submitted and approved prior to building permit issuance. Stormwater Detention The site plan indicates that a detention area is proposed on the western side of the lot but no detailed stormwater management plan has been submitted at this time. A formal grading, drainage and stormwater management plan will need to be developed and submitted for review and approval by the Department of Public Works. Buildings As discussed briefly in the site plan section, the petitioner is proposing to remove substantial sections of the existing building and add two new wings, as depicted on the site plan and on the elevations (labeled as western and southern addition). Additionally, the applicant proposes a new structure as depicted on the site plan and on the elevations (labeled as new structure). The additions and new building are planned to be constructed of ribbed metal panels, 3 foot steel wainscot on the areas enclosed by the fence and 4 foot plywood labeled as being prepared for owner's brick wainscot. As this property is located within the Highway 41 Corridor, is a "gateway" into the community and located within adjacent to a higher quality use, staff is concerned with the type of metal panel used and the unclear wainscot description. The Highway 41 Overlay District design standards require an architectural flat panel for steel buildings and require all sides of a steel structure in the district to be accented and enhanced with brick, masonry or stucco and decorative overhang and trim. Staff therefore wants to clarify the minimum building materials used in a condition of approval that the primary structures be constructed of architectural flat architectural metal panels or flat standing seem siding as well as include a four foot brick veneer wainscot on all facades. At a meeting between staff and the petitioner, staff provided multiple examples of flat metal panels as well as elevations of the Omni Paint & Glass structure (made of flat metal panels) located directly south of the subject property. It was argued that Omni Paint & Glass's accessory structure (located behind/to the east of the primary building) is constructed of ribbed material and the impression was given that the petitioner felt this fact should negate staffs recommendation for using code compliant materials. Staff continues to recommend that flat metal panels as a condition that a highly visible primary structure is much different than a hidden accessory building and that the ribbed warehouse at the Omni site is only a portion of a larger planned development that was approved by the Common Council on its own merit, not as a general relief for all development in the Highway 41 Overlay Corridor. The petitioner indicates in the application material that all mechanical equipment will be inside structures and not visible. Staff would like to further clarify this by adding a condition that all roof mounted, wall mounted and ground mechanical units be screened from public view. Additionally, Item I -1707 Fountain Ave - CUP/PD Loren's Truck Plaza as the plan depicts a chain link dumpster enclosure, while the code requires a masonry or wood enclosure, staff would recommend that the dumpster enclosure be constructed to meet zoning code requirements (four sided wood or masonry with doors). RECOMMENDATION/CONDITIONS Staff recommends a finding that the requested CUP/PD, as submitted, is consistent with Section 30-33 (A)(1) and Section 30-11(D) of the Zoning Ordinance and is approved with the following conditions: 1. Uses limited to: (a) Retail sales of new and used automotive parts and supplies, not to include salvage operations at the site. (b) Semi-truck &semi-trailer, automobile and truck repair (c) Wrecking service/towing operations (d) Renting of overnight accommodations as a truck stop service (e) Sales of passenger automobiles and trucks (including commercial, recreational and industrial vehicles and equipment) (f) Retail sales of new and used automobile parts, not including salvaged parts (g) Weighing and washing ofsemi-truck and semi-trailers (h) Open outdoor parking of operational semi-truck and semi-trailers (i) Enclosed outdoor storage of towed vehicles, vehicles awaiting repair and passenger automobiles and trucks awaiting "inspection for sale" 2. Vehicles "not inspected for sale" may only be stored within the enclosed outdoor storage area and/or within a structure. 3. Vehicles awaiting pick-up from towing and those awaiting repair maybe stored in open outdoor parking areas no greater than a total of 10 business days. 4. All vehicles for sale must be in a condition for safe legal operation on the public roadway at all times. 5. Base standard modification to allow the driveway approach to be 40 feet wide at the property line and 100 feet wide at the pavement. 6. Combine the two subject parcels. 7. Base Standard Modifications as follows: (a) Reduced setback on north lot line (Fountain Ave) from 25 feet to five feet for the sales lot. (b) Reduced setback on north lot line (Fountain Ave) from 50 feet to 40 feet for the building addition. (c) Reduced setback on east lot line (Green Valley Road) from 25 feet to 15 feet for the sign. (d) Reduced setback on east lot line (Green Valley Road) from 25 feet to three feet for the existing storage building. (e) Reduced setback on east lot line (Green Valley Road) from 25 feet to a variable setback as shown on the plans for the paved area. (fj Reduced setback on west lot line (side yard) from 15 feet to 10 feet for the parking area drive lane. 8. Increase front yard setback on the north lot line (Fountain Ave) of the outdoor enclosed storage area and fencing to 25 feet. 9. Increase rear yard setback on the south lot line of the truck scale, associated drive lane and signage to 25 feet. Item I -1701 Fountain Ave - CUP/PD Loren's Truck Plaza 10. Increase landscape levels along Fountain Avenue to meet zoning code requirements as a parking lot perimeter (1 tree every 50 feeds shrubs every 50 feet). 11. Add a landscape island, matching those proposed, on the west row end of the truck & trailer parking area. 12. Base standard modification to exclude internal landscape island within the southern parking area parking stall row. 13. Dumpster enclosure shall be constructed to meet zoning code requirements (four sided wood or masonry with doors). 14. Primary structures be constructed of architectural flat architectural metal panels or flat standing seem siding as well as include a four foot brick veneer wainscot on all facades not screened by the enclosed outdoor storage area. 15. All ground mounted, wall mounted and ground mechanical units be screened from public view. 16. Signage plan, meeting the base zoning code requirements, be submitted and approved prior to building permit issuance. 17. Lighting plan, meeting the base zoning code requirements, be submitted and approved prior to building permit issuance. 18. Formal erosion control, drainage and stormwater management plans, meeting the base municipal code requirements, are reviewed and approved by the Department of Public Works prior to building permit issuance. Item I -1701 Fountain Ave - CUP/PD Loren's Truck Plaza 8 ~, ~. 23. 2oas ~ 1. osaM ON THE WMT6R 'city of oshkash comdev City of Oahkosh,Application Conditional xJse Pernaxt +RPt.EA98 NPE OR 1'RIIV't'tJS~YG $t.ACbC ABC"• ~Llc,~tvx~'>EO~MATION Nu. Q719 P. 2 suBi~rrc ro: Dept of Comsmmlty Development 21~ Church Ave.. P.O. Box 1 t30 Qtahkoah, Wisconsin 54903.1130 PHONfi: (920) 23&SOl9 Petitioper: ~L rte' F 41 Truck Plaza LTrC Date: 7/26/08 Petitionet's Address: 1701' Fountain Ave City: State: _~ Zip: 5_ 4, _ 904 'telephone #: (9Zd 72~.-AAR'7 _ Box: ( ) Othor Confect # or litrrsll: 9tntus ofPetitioner (Pleaaa Cheolt): a Droner D liepreaentatlve D xenon D Prospective Bttyor Pctitloner's Signatute (required): OWNER INFORMATION Date; Owner(s): Loren Ran~loff Date: 7/26/06 C+wtter(s) Address: ~QOQ,',$~~Q~. City; ~ Oshknah State: _~,L Zip: ~¢g~,~ Teleplreac #: (92d ~~EL. 50g7 Fax: ( ) Other Co~rtact # or Email; D"mershlp Status (Please Check): 0 Individual ^ T'nist D Partnrnahip t7 Corporation Property Owner Consent; (regplred) Hy signature hereon, I/We acknowledge that City off oiais and/or employees may, in the performance of their #brrctions, enter upon the property to inspect or gather other information neoaaanry tb process this appifeation. 1 also understand that all meeting dates are tentativo and may be postponed by the Plarming Services Division for ieeomplete subtniaslons or other admiaistrati~re reasons. Property Owner's Signature: Date: 9I'IT INFORMATION Addreaa/IGpcation of Proposed Project Tn,-nn' ~ 41 Truc)c Pla~.~ ~~,,L,C Proposed PrnJeat Type: New entrance, remodel existing bui].djng Aut un new buiJ.dinq„move signage, off-site towing, used car sales Gl,rrtent Use of'Property; Truck Sfi1b Zoning: Land Uses 3urronnding Your Site: North: Mobile Hare Park Soudt: Light industrial Est Landfill/prison West: Liaht~Ddustrial '~*Please note that a m,retittg notice will be maflod to elf abutting propecfy ownors rogardtng your roquest, Application foes are date st time of mbrnikMl. Make eheelt payable to City of O+!-koa4. Please refer to the tee achednle for:eppsroprlstte fee. FEE I8 NON-REF[TNDAI3LE Fnr rnera information please the City's wobsitc at www.ct.Oshkosh.wi.us/Commur-ity_DCVeloptr>ottHPlarming.htm 9ttff ~~ Date Recd , t`~/J° 4 9 .tul. 23. 2008 11:09AM city of oshkosh~ comdev No. 0719 . -..__ _._..,.... ~~... at:..r....eaed aendilional use mill Aot f1AWe a Degattve ei'}bct otA rho Issues below. A narrrrtlve of the proposed eondltional use and pro)cct lnotnding: , o Proposed use of the property o Existing use of the property n Identification of str,rctures on dte property and discussion of thetr relation to the project o Projocted number of residents, employees, and/or dilly customers Propoped amotmt of dwelling unit4, floor area, landscape arcs, and perking area expressed in 9quere feet end aacage to the nearest one-hundredth of an sate o Effects on adjoining properties to Include; noise, hours.of oporatlon, glpre, odor, Tomas, vibration, etc, n 9urroimding land uses q Compatibttity of the proposed use With agjaceat and other properties in the area. O Traffic generation Q Any ether information perdnent to adequate underatandiag of the Inte»ded use and its relation to n<+arby properties A complete site plan v-__Two (Z~ Atlf size and buiidine elevations P. 3 O73 "" ~'~~°"`~"'.., •" •. with fon#s and lot le o Oae compact 9c or u with d ghat plans end drawings o e P m' table file (if plans have bees prepared digitally) if diflbratt o Title block that provides all contact iaformation for the petitioner andlor owner, o Full name and contact information of pedtion~'s engiaeers/sttrwyorslarahltects, or other design profasdonaIs used la the plan preparation O The date of the original plea and latest date of revision to dte plan q A aord- arrow and graphic scale. Said scale le not to be emailer than one tech equals sixty feet (1"~0') unless otherwise approved by the Depainn4stt of Community Aavslopment prior' to submittal v A11 property line9 and existing sad proposed right-of-wey Imes with bearinng9 and dimensions clearly labeled o Aq required building setback and offset linos o All existing sad proposed buildings, stntetures, and paved areas, irrctuding building entrances, walks, drives, decks, padvs, thecae, walls O Location of all outdoor storage and refuse disposal areas sad the design soil materials used for constraedon O LooaHoa and dimension of all on•site parking (and o~.slta parking provisions if they ere to be employed), lnckudhrg a summary of she number of parking stall, provided per the requirements of 90etioa 30.36 Clty of Oshkosh Zonitrtt nrdinanoe O Location and dimension Of all loading and service areas on the subject ptoperiiy O Location, height, design, illumination power and orientation of all exterior kigh8ng on the property including z; pbotometrics plan o 'I.oairion of ell exterior nneohanical equipment sad utlkhles sad elerations of proposed saeeaing devices where applicable (i.e, vi9ibte from a public sheet or, residential use or district). Meahar-tcal equipment inoIudee, but is not limited to; HVAC equipment, electrical transfurtnera a»d boxes, exhaust flae9, plumbi»g vents, gsa regulators, generattna e 10 ~~g pY, g~ ~~ - Must acaampuny the applfmtlon to be complete. 8601 '~N WdlB~ir 8002 'Sl '~~0 awil paniaaa~ ~WINKEL LA.W OFFICE 36 JEWELERS PARK DRIVE, SUITE 202 NEENAH, WISCONSIN 64956 ATTORNEY AND COUNSELOR David J. Winkel October 15, 2008 Via Fax 920-236-5053 17avid Buck City of Oshkosh Community Development City Hall 215 Church Street Oshkosh, W154901 Re: L.oren's 41 Truck Pla:ca, 1701 Fountain Avenue Dear Mr. Buck: (920) 725-8887 FAX (820) 725-9077 EMAIL wifikellawOfflCe¢~sbCglObdl,net FEDERAL TA}: I.D. NUMBER 39.1112221 ~'~' ~~ OCT 1 ~ ~~08 ~~ri~@+~~~e~~~~~~ a.d~~`~a~,4s1~3~~1~~T Enclosed please find revised Site Plan for the above referenced matter. This Site Plan shows all the current structures on the property, atzd shows where the D01' is proposing to condemn property along Fountain Avenue, which condemned land has the following improvements on it: (i) sign on the northeast corner of the property, (ii) three driveway entrances onto Fountain Avenue, and (iii) fence. As such, Loren's is requesting permission to relocate its sibn twenty f ve feet back fiom the "after-condemned" property boundary, relocate the north side of its fence twenty five feet back front the property bol:u~dary, and put a new entrance on the one acre property west of the existing parcel, which one acre will be merged with the existing parcel. The other significant affect the DOT's annexation of property will have is to make Loren's unable to drive semi-trucks through the building from the south sire to the north side, and out the current exit on Fountain Avenues; as the building was originally designed. As such, semi-trucks would have to be backed ottt of the building after service is completed. The existing overhead doors are too narrow to safely allow semis to back ol.rt of the building, and therefore, Loren's is requesting approval to put a less than fifty percent addition o;n the south side of the building with larger overhead doors to accommodate the backing maneuver to be done due to the loss of exit onto Fountain Avenue. The above requests are al] allowed in the City of Oshkosh's Zoning Ordinances as permits i.e, sign pernut, fence permit, building permit, driveway permit) and all the required swt-backs have been complied with, As such, I believe a conditional use is not required. You stated you disagreed. As such, please consider this Site Plan a revision to Loren's request for conditional use, as previously submitted and addressed at the October 7, 2008 planning Comrr;fission meeting. T understand it will be addressed at the October 21, ?008 Planning Commission meeting. 11 8601'~N WdZB~Z 8002 'Sl'}~0 awil pania~a~ Please note that Loren's is not asking for any modifications to the uses of its pruperiy, and believes it is only requesting for the relocation of its sign, fence and driveway due to the loss of the same from the DOT'S condemnation. T received a telephone call on October 13, 2008 from Karen Rask of the T~O'1' ir.~forming me that the DOT c;an no longer wait for the City to approve a site plan for redevelopment of Loren's 41 Truck Playa's site as originally proposed and is going to move ahead with the condemnation since relocation of the utilities is going to start in the spring of 2009. As such, Loren's is oirly requesting the minimum changes to the site necessary to comply with the DOT's condemnation, and is not seeking any other changes at this time. Loren's would like to work vW~ith the City in the future concerning a possible redevelopment of the site. Flowever, at the last Planning Commission meeting, Loren's believed discussions with the City will take a while to come up with a redevelopment agreement. Those discussions can be left for a later date after the issues raised by the condemnation are $rst resolved. Sincerely, WTNI~EL ~,L~A~nW OFFICE David J. Winkel DJW:vaw CC: Jeff Hanson, McMahon & Associates Loren Rangelof'F 12 13 Loren's 41 Truck Repair 1701 Fountain Avenue Oshkosh, WI 54904 Proposed uses: All existing historical uses Vehicle Sales and Equipment 24 Hour Towing and Storage Proposed modifications to the site: Relocate two signs - erecting a new sign on the east side to replace one DOT has proposed to remove. Take existing eastside sign and move it to the northwest corner of the fence to mark entrance and light up. Relocate fence on the north and south property line do too accommodate the future DOT expansion of Fountain and Snell overpass. Install new driveway on the westside of property do too the future DOT expansion of Fountain and Snell overpass do to the removal of the existing driveway accesses. Reposition scale for accessability do the future DOT expansion of Fountain and Snell overpass do to the removal of the existing driveway accesses. Pour 2 foot concrete trailer pad along southside fence line parking. Refer to site plan for location. Addition on southwest corner of the building for wider garage doors for access do to the removal of the current driveway accesses. Removal of two current driveway accesses to accommodate DOT expansion of Fountain and Snell overpass. REC'~~o%~D a~~~~~~~~~~~~~~ ~F CO~~~~~"~"~' ~~~~LflPN@ENT 14 °r--~ :. S3LVDOSSY~ l~OH~'T~i~IAi ° ~ ~ j .` .:;, y . ,~ '( I F e ' ~ .~ 1 ' ~.. C'-1 ~J{~ A S HSO~H50 d0 Ally ~ s v aanat sN3aoi NVId 3115 0350dQad ,. c~- ~ ~ ~ i ~/ :' 1 b ~`- wot~Narr 5 ~ y 3 -~' ~/ ~I~~ T s ~~ ~ u R I • ~ i ~~ -- ' ~ ~~yi I ~G e4~~ Y g , , , ,,,,,,,,,,,,,,,,,, , , o tx o~V~ i W ~~ ~ 0 0 ®~ N ~ ~ S gv o ~ G I- V ~~ O ~~ ~r.q ~ &::. a„\~ \ ~~. _~ ~ '~~ ~~.; \ \ . ~i 75 LOREN'S 41 TRUCK REPAIR 1701 FOUNTAIN AVENUE OSHKOSH, WI 54904 Listed below, but not limited to, are all the things we propose to do on this site. These are all permitted uses in the M-~ Zoning. If there is a problem with any of them not being allowed on this zoning, please let me know. Mechanical Repair -Heavy trucks, trailers, light duty trucks, automobiles, construction equipment, recreational on and off road equipment, motorcycles. Body Work -Heavy trucks, trailers, light duty trucks, automobiles, construction equipment, recreational on and off road equipment, motorcycles. Sales -Heavy duty trucks, trailers, recreational, motorcycles, light duty trucks and automobiles, commercial equipment, new, rebuilt and used parts and supplies, gas, food. Scale Truck Wash Lube Center Towing -Heavy and light duty towing and hauling and trucking. Storage and over night parking, rental parking. 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W~ 2 O W W ~.. 3~ 8~ ~~ l~ P Z O W W ti: 2:. 20 CUP-LOREN'S 41 TRUCK PLAZA LOREN'S 41 TRUCK PLAZA WIS DEPT OF TRANSPORTATION PC: 08-19-08 3000 OREGON ST PO BOX 28080 OSHKOSH WI 54902 GREEN BAY WI 54304 WH DEVELOPMENT GROUP PO BOX 170872 MILWAUKEE WI 53201 RE 1700 FOUNTAIN AV RE 1701 FOUNTAIN AV OMNI GLASS & PAINT 3530 OMNI DR OSHKOSH WI 54904 RE VACANT LOTS-OMNI DR RE VACANT LOT-FOUNTAIN AV 21 ~ ~ I ® ' / ~I ~ I ~ ~ / ~ © / ~ I ~ I ® ~ ^ I l i r-~ ~~ ~I ~ L 3)3F ~ 1 ~ ~ / I ® , V t~ ® 1 ~ i ® ~ / i ~ ~ ---- -- -~ i ' ' --- DR: I i ~~II II ~ I~ I II; ~ ~ ~ ~~ ~ ~1 ~ ~J h~ ~ ~ ~ ~ CJ[~ ~ I ,~~ ~~ ~ i,~~ i ~~ / , i ---~---- - 1.'.--_.. -~---~ r - i ,,.~ i i (~ ~~ ; i ; ., p ~ ~~ i i 1 i i i, Z ~ i i i i i O i 1 i C~ v~ ~ i ; , ; i i 0 W l i i „~ ; ,~3e i i ; .,~ -- - - , _ ~ i i -:~ ;" i+ i x b; - .`'fix",' . . < , ,.,~ k,r ~.,, `' ' ~~.:">•!x / ~ / kK~~ u',~ x2K, ~ . .. n:`` i ~ i i II_~ ~ ~ r~ ~ ~ l~ri r ;a~il .+C X K ~ ~ x;~ l{,~, :fix :~; ~ ~~ O LJ K; ~ .. ~,XK X % J K., ~4 ~ ~ ~ ; ` % Y ; i ~ O i "~ ~,u ..~;,._ ii ~ Z ii i o~ /, % ~„ i i `5+ i i i i i i i i i i i i i i i i ; i i i i i ! i i i i i i % ; i i i i i = i i i i i i i i i' i' % i ; i i i i i l i~ ; i i , i .~ ~~ ~ ~ i ~ ,` i i i ~ i' ! ; i i ! i i ~ i i i i i i i i i i i d" i ~ ; DISCLAIMER RENOVATION/EXPANSION O This map is neither a legally recorded map nor (~ ! e a survey and it is not intended to be used as one. O F T p U V I,\ V TO I' This drawing is a compilation of records, data f\ N fHK fH , and Information located in various city county ~i TiE WATEfi and state offices and other sources affecting 1701 FO U N TA I N AV . the area shown and It is to be used for reference City of Oshkosh purposes only. The City of Oshkosh Is not re- De artment of sponsible for any inaccuracies herein contained. P If discrepancies are found, please contact the ~~ , Community Development Cit f O hk h l 1 = 250 S y o s os . ca e: 08~~5~~$ Created by - dff a U UN ROAD Y ~° P P ~~ R- R-1 ~2 M-~ NORTON AV . ~~ R- P ~ COURTLAND AV . s92 SUBJECT GLENDALEAVE V ° P z SITE ZARLINGA (fly J . Gs " PURPLE CREST D y~ Zu, w~ Y ~ OO z GL NWALK DR. ° 'S' ~_ 9~ ~ Y = m U' Z Z Z Z ps M-1 P J J J J GOLDEN IRIS D ~ ~ ~ ~ . GL NW ~~~ GL NWO R." W. SNE UNTA AV ON F- ~ -1 ° z -2PD o M-3 LAKE BUTTE J DES MORTS ° E L "~ LL W. E A AVE. WESTWIND R ~ ~ w ~ TILLMAN D ~ ~ ~ a w c z O ~ ~ v w LAK VIEW OJ ~ U C METERY o ~ ' DISCLAIMER RENOVATION/EXPANSION This map is neither a legally recorded map nor a survey and it is not intended to be used as one. O F T R U V I,\ STO P (~ This drawing is a compilation of records, data N JHK fH and information located In various city county °"T"EwATE" and state offices and other sources affecting 1701 FOUNTAIN AV . the area shown and it Is to be used for reference City of Oshkosh purposes only. The City of Oshkosh is not re- De artment of P sponsible for any inaccuracies herein contained. If discrepencies are found, please contactthe Community Development City of Oshkosh. Scale: 1" = 1500' Created by - dff 08~~5~08 23 DISCLAIMER RENOVA~~~ION/EXPANSION This map is neither a legally recorded map nor a survey and it is not intended to be used as one. O F T ~ U C K STOP l~ / This drawing is a compilation of records, data ,J HK 1 H and Information located in various city county ON THE WATER and state offices and other sources affecting 1701 F= O U N TAI N AV. the area shown and it is to be used for reference City of Oshkosh purposes only. The City of Oshkosh is not re- De artment of sponsible for any inaccuracies herein contained. P If discrepancies are found, please contact the .) ~~ _ , Community Development City of Oshkosh. SC~~Ie. 1 - 250 Created by - dff O$~~Jr~O$