HomeMy WebLinkAbout08-455NOVEMBER 25, 2008 08 -415 08 -455 PENDING
OCTOBER 28, 2008 RESOLUTION
(CARRIED • OVER WITHDRAWN
AS AMENDED
'KURPOSE: APPROVAL OF CONDITIONAL USE PERMIT; PLANNED
DEVEL OPMENT F O PERATI O N 1 R E P A IR /SE R VICE:
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BUSINESS - 1701 FOUNTAIN AVENUE
INITIATED BY: LOREN'S 41 TRUCK PLAZA
PLAN COMMISSION RECOMMENDATION: Approved w /conditions
BE IT RESOLVED by the Common Council of the City of Oshkosh that a
conditional use permit for a planned development to operate a repair /service facility and
truck stop /temporary storage business at 1701 Fountain Avenue, to include (a)
relocating a pole sign on the corner of Fountain Ave. and Green Valley Road; (b)
installation of a new driveway off Fountain Avenue; (c) create a one acre fenced outdoor
storage area; and (d) construction of a 4,426 sq. ft. sheet metal building /addition to the
existing former Collin's Truck Stop structure, with all other aspects of the site being
proposed to remain in their existing nonconforming condition, per the attached, is
hereby approved, with the following conditions:
En�Jed ou storage area i s limiter! to comi_tri k
GS _trae� and
� �crr TJ �rrrnzca -- c��cn n �� semi il
r�crarr � and
GO Ter^i�ehiGlec of a gross veh w e ig ht 1 0 , 000 not Inds or more ani
repairs for no longer than 30 day
2) Building materials of the proposed building addition meet the Highway 41
Corridor Overlay Zoning District standards.
3) Landscaping is installed to meet Zoning Ordinance parking lot perimeter
standards for manufacturing areas on the south and east property lines.
4) Approve the proposed relocation of the sign, in compliance with code standards.
5) Approve establishment of a new driveway, in compliance with code standards.
6) Approve fence relocation, in compliance with code standards.
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, 54903-1130 City of Oshkosh
( 0-
QIHKQIH
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
Darryn L. Burich, Director of Planning Services
DATE: November 20, 2008
RE: Resolution 08 -455 Approval of Conditional Use Permit; Planned
Development for Operation of a Repair /Service Facility & Truck
Stop/Temporary Storage Business —1701 Fountain Avenue (Plan
Commission Recommends Approval with Conditions)
BACKGROUND
Loren's 41 Truck Plaza, LLC filed an application for a Conditional Use Permit and
approval of a planned development proposing a new entrance, remodel of an
existing building, construction of a new building, moving a sign, allowing off -site
towing and used car sales. Loren's 41 Truck Plaza is an existing non - conforming
use within an M -1 zoning district. In the original petition, Loren's proposed to
establish selective truck stop uses including "towing in vehicles for repairs, 24
hour wrecker /towing service, repair of autos /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, Loren's proposed 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; lube center; heavy and light duty towing,
co,
hauling & trucking; storage and overnight parking including rental parking; and
road service, tire service and sales."
After submitting the lengthy application noted above, Loren's amended its
application by limiting its proposal and related requests to only the following four
items set forth in a subsequent letter from his attorney:
1. Move its existing sign from the property line to 25 feet back from the
property line.
2. Move the north side of its existing fence from five feet from the existing
property line to 25 feet from the new after - condemned property line.
3. Relocate its driveway from the condemned land to a parcel west of the site
and merge the parcels.
4. Put a less than fifty percent addition on its existing building.
Loren's then requested that the City staff review the amended application and
provide it with an opinion regarding whether or not a conditional use permit was
required for the four issues noted above. For the reasons set forth below, Staff
believes that the current proposal does not invoke the need for a conditional use
permit, but does require the approval of Loren's development plan by the
Planning Commission and the Council. Furthermore, it is the opinion of staff that
the restrictions placed upon Loren's proposal which relate to the four issues
included within the amended application were proper.
ANALYSIS
Loren's 41 Truck Stop, LLC asserts that the Municipal Code does not require that
it obtain a Conditional Use Permit for the above proposed alterations or
modifications to the site. Instead, Loren's believes that it is only required to
obtain permits from the City without Planning Commission and /or Common
Council review or approval. The Municipal Code is clear in stating that Loren's
would be required to obtain a Conditional Use permit if it were proposing to use
the property for things other than those clearly identified "permitted uses" as
located in the M -1 Industrial District. Because Loren's application was amended
to delete all specific issues relating to the use of its property, a Conditional Use
Permit is not required at this time.
Despite the fact that the Conditional Use Permit requirements do not apply at this
time, other aspects of the Municipal Code apply to Loren's amended application.
Applicable Code sections would include the Planned Development Overlay
( "PD ") District and the Highway 41 Corridor Overlay District, as well as those
sections relating to occupancy and other necessary permits. The PD District at a
minimum requires that Loren's undertake the development plan review process.
In light of the fact that Loren's admits that it is proposing structural and
dimensional changes to the property, it is required to obtain approval of all such
changes by the Planning Commission and Council.
The PD District provisions, Section 30 -33 of the Municipal Code, require that all
changes to the site, whether consisting of additions, subtractions, or
modifications, be submitted to the City for approval pursuant to the development
review process. While the PD District uses the term "conditional use permit" in a
section heading, it appears that the actual requirements /guidelines below this
heading relate not to the issues of use, but instead to issues of structure and
dimensions. A review of the process to date, except for the use issues first
raised and then deleted by Loren's, shows staff and Plan Commission review of
the applicant's amended plans have focused on and addressed structural and
dimensional details of the site rather than the limitations of any permitted uses,
except for the 1 St condition on the Plan Commission recommendations. While
the administrative process in the PD District is the same for both conditional use
permits and development plan review, it appears that these two issues have
been correctly reviewed separately by staff and the Planning Commission.
In addition to the applicant's underlying question regarding the applicability of the
conditional use permit requirements, it also raises issues with two of the structure
and dimensional conditions placed on its proposed plans by the Plan
Commission. These two issues are the requirements that: 1) building materials
for the proposed building addition meet the Highway 41 Corridor Overlay Zoning
District; and, 2) landscaping be installed to meet the Zoning ordinance parking lot
perimeter standards for manufacturing areas on the south and east property lines.
A review of the plan commission's discussion relative to both of these issues
reveals that the plan commission was concerned about the potential negative
impact that the proposed site additions and modifications would have in light of
the uses permitted on the site.
The applicant believes that the Highway 41 Corridor Overlay ordinance does not
apply to the building addition because the proposed addition of less than 50% of
the existing floor area of the existing structure would exclude such an addition
from review under this particular Overlay District. The Highway 41 Corridor
Overlay District, Section 30 -34 of the Municipal Code, states that it applies
except when the use or structure are otherwise allowed due to their status as a
valid nonconforming use or structure. Loren's believes that the building's status
as a valid nonconforming structure excludes it from the Highway 41 Overlay
District requirements.
The applicant furthermore believes that the exclusion from Highway 41 Overlay
District prevents the imposition of any related standards under any other
provision of the Code. In general, an Ordinance with specific provisions will
prevail over seemingly conflicting provisions in a more general Ordinance. In this
case, however, the applicants parcel is zoned with the Highway 41 Corridor
Overlay and a Planned Development Overlay. The applicant believes that an
exclusion from the Highway 41 Overlay will prevent any similar conditions
pursuant to the more general PD District provisions. The applicant in essence
seeks to also exclude itself from any site conditions which may otherwise be
validly approved pursuant to the PD District. We believe this is an incorrect
interpretation of the code.
The conditions placed upon the applicant's development plan certainly relate to
the Highway 41 Corridor standards, but were recommended in the context of a
required review pursuant to the Planned Development Overlay District. Under the
provisions of that ordinance, section 30 -33(E) of the Municipal Code:
(b) Review Criteria
In reviewing the development plan, the following criteria shall be
used:
(i) Conformance with applicable standards of the base
zoning district and the provisions of this chapter, except as
may be modified under Section 30 -33 and Section 30 -11.
(ii) Suitability of the site for the proposed development.
(iii) Compatibility of the proposed development with adjacent
and nearby existing or planned development in terms of
scale, mass, height, bulk, uses, activities, traffic, design,
structure placement, privacy, views and similar concerns.
(iv) Utilization of site planning principles common to high
quality development.
(v) Effective mitigation of any potential negative impacts of
the proposed development either on the site itself or off the
site.
(vi) Conformance with the Comprehensive Plan, or other
adopted City plans.
(c) The Plan Commission, in making its recommendation to the
Common Council, shall consider said criteria and take into
consideration the recommendations of the Department of
Community Development, and comments received at the Plan
Commission meeting at which the item is reviewed.
The applicant believes that the existence of a nonconforming use on the site,
along with a proposal to increase the size of the structure in an amount just
under 50% of the existing structure, would prevent the application of the current
code to this expansion. However, the Plan Commission found that expansion of
the building by nearly 50% would clearly be an expansion of the use of the site.
The Plan Commission reviewed the proposed addition and discussed concerns
over the compatibility of the proposed expansion of the building and changes in
the site plan with the other development in the area. To address those issues,
the Plan Commission recommended conditions related to the building materials
and to landscaping on the site to make the building more compatible with other
structures in the area and to mitigate the potential negative effects of the
proposed development on and off the site. The conditions placed upon the site /
development plan by the Plan Commission were only inserted after significant
discussion and deliberation and, perhaps most importantly, were the result of an
analysis of the proposal in the context of the specific guidelines and requirements
located in the Municipal Code's PD District.
FISCAL IMPACT
There is no fiscal impact identified.
RECOMMENDATION
It is recommended that the Council approve, in part, the Planning Commission's
recommendations. Specifically, it is recommended that only conditions 2 — 6 of
the Planning Commission be approved. It is not recommended that Plan
Commission condition number 1 be approved. The recommended conditions are
as follows:
2) Building materials of the proposed building addition meet the Highway
41 Corridor Overlay Zoning Standards.
3) Landscaping installed to meet Zoning Ordinance parking lot perimeter
standards for manufacturing areas on the south and east property lines.
4) Approve the proposed relocation of the sign, in compliance with code
standards.
5) Approve establishment of a new driveway, in compliance with code
standards.
6) Approve fence relocation, in compliance with code standards.
y Sub
Lo
City ftorney
Darryn L. Burich
Director of Planning Services
Approved:
Mark A. Rohloff
City Manager
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Ki ey
Director of Co pity Development
DATE: October 23, 2008
RE: Approval of Conditional Use Permit; Planned Development for Operation of a
Repair /Service Facility and Truck Stop /Temporary Storage Business -1701
Fountain Avenue; Loren's 41 Truck Plaza
Loren's 41 Truck Plaza, LLC, owner
(Plan Commission Recommendation: Approved w /conditions)
BACKGROUND
The subject six acre site consists of two parcels located at 1701 Fountain Avenue and has been
used as a truck stop for approximately 50 years. In 2006, a CUP/PD was approved by both the
Plan Commission and Common Council with a two -year review period for compliance with city
codes. In 2008, the two -year review took place and the CUP /PD was denied and revoked by
both the Plan Commission and Common Council. The owner /petitioner has subsequently
submitted multiple new site plans and proposed to reestablish multiple uses and establish new
uses on the property. The last site plan was submitted on October 15, 2008 and due to its late
submittal being the same day it was distributed to Plan Commission members and the public, it
had not received complete staff review prior to the Plan Commission meeting.
ANALYSIS
The owner /petitioner originally requested a collection of uses which were quite extensive and
all- encompassing with open ended language for permitted uses on -site. The applicant then
changed his request with the October 15, 2008 submittals to only include:
1. Relocation of a pole sign that is located on land being taken by the DOT;
2. Establishment of a new Class III driveway to replace the two existing substandard drives
that are being removed by the DOT;
3. The new establishment of approximately one acre of fenced outdoor storage for
unidentified items; and
4. Addition of approximately 4,426 square feet of sheet metal building onto the former
Colin's Truck Stop structure, which is a 49.6% increase in the size of the existing
nonconforming structure.
All other aspects of the site are being proposed to remain in the existing nonconforming
substandard condition with the unidentified "all historic uses" to remain in place.
With the original application, staff had recommended approval with multiple conditions
including the uses be limited to a specific list and conducted in specific areas, multiple base
standard modifications, combination of the parcels, increase in landscaping by storage areas, and
requirements that other aspects of the development meet zoning code standards.
The revised site plan and supporting narrative submitted October 15, 2008 was presented to the
Plan Commission on October 21, 2008 where discussion ensued regarding the four requests of
the revised proposal. Considerable deliberation was dedicated to what uses are appropriate for a
"truck stop" and what should be allowed within the proposed enclosed storage area as there was
concern it would be operated as a salvage operation with long -term storage of dilapidated and
inoperable vehicles. Discussion on what materials should be utilized for the proposed building
addition and the necessity of incorporating landscaping as a buffer along the highway was talked
about in order to improve the appearance of this already aesthetically challenged site as it is a
"gateway" location to the city as well as to screen it from the recently developed adjacent
property. Conditions addressing and mitigating negative aspects of the above mentioned issues
were collectively composed by the Plan Commission members and are listed in the
recommendation section below.
It should be noted that the representative of the applicant expressed concern and objection to any
and all conditions placed on the recommendation because the petitioner's attorney feels the
entire Conditional Use/Planned Development review and approval process is not applicable to
the request or his client's site. In this matter, staff and the applicant are in unequivocal
disagreement. City staff continue to maintain that the CUP/PD is required and the Plan
Commission's recommendation is for the issuance of the CUP/PD with Conditions.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission recommended approval of this request at its October 21, 2008 meeting
with the following conditions:
1. Enclosed outdoor storage area is limited to semi - trucks, semi - trailers, and commercial
vehicles of a gross vehicle weight 10,000 pounds or more awaiting repairs, for no longer
than 30 days.
2. Building materials of the proposed building addition meet the Highway 41 Corridor
Overlay Zoning District standards.
3. Landscaping is installed to meet Zoning Ordinance parking lot perimeter standards for
manufacturing areas on the south and east property lines.
4. Approve the proposed relocation of the sign, in compliance with code standards.
5. Approve establishment of a new driveway, in compliance with code standards.
6. Approve fence relocation, in compliance with code standards.
Approved,
City Manager
ATTORNEY AND COUNSELOR
David J. Winkel
8601' °N WdZB Z 8002 '5['100 awli paAiaaa�
WINKEL LAW OFFICE
36 JEWELERS PARK DRIVE, SUITE 202
NEENAH, WISCONSIN 64956
(920) 725 -8$87
FAX (820) 725 -9077
E -MAIL winkellawoHloeasbo9lobal.net
FEDERAL TAX 1-0. NUMBER 39.1712221
October 15, 2008
Via Fax 920 236 - 5053
David Buck
City of Oshkosh Community Development
City Hall
215 Church Street
Oshkosh, WI 54901
Re: Loren's 41 Truck Plaza, 1701 Fountain Avenue
Dear Mr. Buck:
OCT 1 5 2008
��� �T�l��gl�NT OF
DEV
Enclosed please find revised Site plan for the above referenced matter.
This Site Plan shows all the current structures on the property, and shows where the DOT 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 sign twenty five feet back from the "alter- condemned" property boundary, relocate
the north side of its fence twenty five feet back from the property boundary, 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 side to the north
side, and out the current exit on Fountain Avenue; as the building was originally designed. As
such, semi-trucks would have to be backed out of the building after service is completed. The
existing overhead doors are too narrow to safely allow semis to back out of the building, and
therefore, Loren's is requesting approval to put a less than fifty percent addition on 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 all allowed in the City of Oshkosh's Goriing Ordinances aS pennits i.e,
sign pernut, fence, permit, building permit, driveway permit) and all the required swt -backs have
been complied with. As such, 7 believe a conditional use is not required. YOU staled 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 Commission
meeting. T understand it will be addressed'at the October 21, 2008 Planning Commission
meeting.
8601' °N MU :Z 8002 '5['1 a1U!1 pania3;�
Please note that Loren's is not asking for any modifications to the 'uses of its pr9perty, 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.
I received a telephone call on October 13, 2008 from Karen Rask of the DOT informing me that
the DOT Can no longer wait for the City to approve a site plan for redevelopment of Loren's 41
Truck Plaza'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, Lorea's is only
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 with the City in
the future concerning a possible redevelopment of the site. However, 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 first resolved.
Sincerely,
WINI�EL LAW OFFICE
David J. Winkel
DJW:vaw
CC. Jeff Manson, McMahon & Associates
Loren Rangeloff
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ITEM:
F.
STOP /TEMPORARY TRUCK STORAGE BUSINESS AT 1701 FOUNTAIN AVENUE
Plan Commission meeting of October 21, 2008.
* ** 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. THE PETITIONER AGAIN SUBMITTED A MODIFIED SITE PLAN AND
SUPPORT NARRATIVE ON OCTOBER 15 (ATTACHED), THE SAME DAY STAFF REPORTS
WERE DISTRIBUTED. AS SUCH, STAFF HAS NOT HAD SUFFICIENT TIME TO ANALYZE
THE MODIFICATIONS AND DEFER RECOMMENDATION TO THE PLAN COMMISSION. * **
GENERAL INFORMATION
Applicant/Owner: Loren's 41 Truck Plaza, LLC
Action(s) Requested:
With the latest modified request and site plan submitted October 15, 2008 the applicant is requesting a
conditional use permit and approval of a planned development for the relocation of a pole sign,
establishment of a new driveway, establishment of a new fenced outdoor storage area and the addition of a
sheet metal building onto the existing structure. All other aspects of the site are being proposed to remain
in the existing nonconforming substandard condition with the unidentified "all historic uses" to remain in
place.
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 had a new site plan and elevations drafted and proposed to
reestablish multiple uses on the property. This petition was brought before the Plan Commission on
October 7, 2008 where it was laid over to the October 21, 2008 meeting. A new site plan and modified
request of uses was submitted on October 8 and again the site plan and request was altered with another
submittal on October 15, 2008.
ect Site
Nonconforming Truck
Fac
M -1 PD/Highway 41
acent Land Use and
ANALYSIS
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 for
review and approval of a new Conditional Use/Planned Development. From a land - 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.
With the latest modified request and site plan submitted October 15, 2008 the applicant is requesting a
Conditional Use Permit and approval of a Planned Development for the relocation of a pole sign,
establishment of a new driveway, establishment of a new fenced outdoor storage area and the addition of a
sheet metal building onto the existing structure. All other aspects of the site are proposed to remain in the
existing nonconforming substandard condition with the unidentified "all historic uses" to remain in place.
Below is a description of each of the requested alterations to the site included in the request.
Relocation of an Existing Pole Sign
The petitioner is requesting the relocation of an existing pole sign that is located on land being taken by the
Wisconsin Department of Transportation as part of the Snell Road/Fountain Avenue overpass construction
project. The sign is proposed to be removed from its current location and reconstructed on the site 25 feet
from the east property line and 110 feet from the future north property line. No details of the sign in regard
to type, height, sign area or design were included with the original or revised submittal.
New Driveway
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 the
Item —1701 Fountain Ave - CUP/PD Loren's Truck Plaza
R -3 PD/ Highway 41
North
Mob ......... . _........_.._.........._ ......._...... .........................._... _................._........_._._....... .. ....... . ....................... -.._._...._...._............_................................_.._............_..............
. ...................._...._........_ .._........_.._._....._........
South ......
Office & Light Industrial -Omni Paint & Glass
.............. _ . ..............................g . ...... ......_....._._._................... ................ ... _.. ............ _..__ ............... ....._. ...............
_.._ ............... _.._._ ......... _._... ...
C -2PD
....... .._.... .......................... _._.._ ........ ... _ .... .. ............ ... .._ ........... ....
Town Of Oshkosh -
East
County Zoned M -2 &
Agriculture US Highway "4.1." ).................._..............._....._........._._.._
A -1 _ ................. ...
_ ......................... .._
..
....._................._.....__
........_.. ............ ............. .......
C -2 PD /Highway 41
West
Undeveloped Commercial/Industrial Lots
Overlay
Comprehensive Plan
R�ilrelzdatln
G`utg
10 Year Land Use Recommendation
Commercial
20 Year Land Use Recommendation
Commercial
ANALYSIS
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 for
review and approval of a new Conditional Use/Planned Development. From a land - 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.
With the latest modified request and site plan submitted October 15, 2008 the applicant is requesting a
Conditional Use Permit and approval of a Planned Development for the relocation of a pole sign,
establishment of a new driveway, establishment of a new fenced outdoor storage area and the addition of a
sheet metal building onto the existing structure. All other aspects of the site are proposed to remain in the
existing nonconforming substandard condition with the unidentified "all historic uses" to remain in place.
Below is a description of each of the requested alterations to the site included in the request.
Relocation of an Existing Pole Sign
The petitioner is requesting the relocation of an existing pole sign that is located on land being taken by the
Wisconsin Department of Transportation as part of the Snell Road/Fountain Avenue overpass construction
project. The sign is proposed to be removed from its current location and reconstructed on the site 25 feet
from the east property line and 110 feet from the future north property line. No details of the sign in regard
to type, height, sign area or design were included with the original or revised submittal.
New Driveway
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 the
Item —1701 Fountain Ave - CUP/PD Loren's Truck Plaza
petitioner is requesting the creation of a new access drive. This new ingress /egress is proposed to be
located on the western portion of the development area and to access the developments nonconforming
storage areas as well as repair facilities. It is proposed to be 40 feet wide at the property line and 70 feet
wide at the pavement, which is consistent with Class III driveway standards set forth in the Municipal
Code.
New Fenced Outdoor Storage Area
The approval of the CUP/PD in 2006 included the installation and operation of an enclosed storage area for
the storage of vehicles towed in conjunction with the wrecker service and for vehicles awaiting repair.
When that CUP/PD was revoked by the Council in 2008, the use of the enclosed storage area became
illegal. At this time, the petitioner is requesting that the enclosed storage area use be approved on the site
for unidentified storage. Though not included in the application material, staff assumes the storage area
would be used for the storage of semi - trucks, semi - trailers, cars and trucks awaiting repair, as well as other
miscellaneous materials possibly including junk and debris. The site plan is also being requested to be
altered from the illegal status it currently has to allow the movement of the northern fence line back from
the property line to 25 feet, which is the required setback of the underlying M -1 zoning district.
Buildiniz Addition
An addition of an approximately 4,426 square feet building is proposed to be placed onto the south and
west sides of the former Colin's Truck Stop structure. The existing truck stop structure is approximately
8,920 square feet, so the addition consists of a 49.6% increase in the size of the existing nonconforming
structure. The elevations supplied to staff are not scaled but it appears that the addition is between 24 — 29
feet tall, includes a blank western wall and 3 bay garage doors on the southern wall. Building materials
were not identified on the plans nor included in the application but to staff, the plans appear to depict ribbed
metal wall systems. If this assumption is true, the proposed materials would not meet minimum standards
of the Highway 41 Corridor Overlay District design standards, which 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
RECOMMENDATION /CONDITIONS
The Department of Community Development had not had sufficient time to analyze the modifications to the
site plans and uses. However, staff does not support any base standard modifications for the site and also
suggests that uses proposed on -site be clearly identified and listed by the Plan Commission.
The Department of Community Development defers recommendation of the CUP/PD to the Plan
Commission.
The Plan Commission approved of the conditional use permit /development plan review with conditions.
The following is the Plan Commission's discussion on this item.
Mr. Buck presented the item and reviewed the last site plan as well as the revised plan submitted
October 15th. He depicted the area of the new sign location, building addition, relocated
driveway, and outdoor storage area and explained that the petitioner was now requesting that the
uses remain the same as the legal nonconforming ones currently on site. Building elevations for
the proposed addition were distributed to the commissioners as this information was submitted
after board packets were mailed last week. He stated that staff does not support any base standard
modifications for this site.
Commission members discussed the difficulty in making an informed decision on this request as
revised site plans were submitted with no time for staff review.
Item —1701 Fountain Ave - CUP/PD Laren's Truck Plaza
Staff explained that the latest submittal was not requesting new uses for approval except the
enclosed outdoor storage area and the owner was now requesting that all historic uses should
remain as legal nonconforming.
Dave Winkel, 36 Jewelers Park Drive, Neenah, representing Loren Rangeloff, referred to his letter
of October 15th and commented that they were now asking to resolve the issues involving the
WisDOT only which are the relocation of the sign, fence and access to the site. Mr. Winkel stated
that the DOT wishes to move forward with the installation of utilities in 2009 and wants the matter
resolved, therefore they are scaling back the concept plan of October 8th and are now requesting
approval for the relocation of the existing sign and fence both to be moved 25 feet back, the
driveway relocation, and the building addition for semi - trucks to enter as that has been effected by
the relocating of the access. The two parcels will be merged into one and no new uses or base
code modifications are currently being requested. After this initial request receives approval, the
owner will come forward with a more in depth plan for redevelopment of the entire site at a later
date.
The commission members discussed what time frame the owner was considering with his
redevelopment plans. Mr. Winkel stated that it would most likely be January, 2009.
Landscaping plans were discussed for the site. Mr. Winkel contended that since the owner was
only moving objects that currently existed on the site and the building addition plans were not to
exceed 50% of the existing nonconforming structure, that there were no code requirements that
needed to be met.
Commissioners discussed the signage and felt it should be reviewed for code compliance. They
also discussed the proposed building addition, the current site conditions, and the historic uses.
Commission members concluded that the conditions in the staff report added to the request would
not be applicable since the request has been changed.
Mr. Buck reviewed the uses proposed in the previous submission as well as the historic uses on the
site. Sales and towing service uses were revoked by the Common Council in March, 2008.
Mr. Winkel contended that staff was trying to limit the historical uses which should be allowed
and reiterated that the owner was now withdrawing his request for any new uses at this time.
Staff and Mr. Winkel discussed the code language relating to the Highway 41 Overlay and the
Planned Development Overlay as staff conceives the building addition and creation of an outdoor
storage yard as an expansion of the uses within the CUP/PD, whereas Mr. Winkel claims it is not.
Russ Reff, 217 Ceape Avenue, representing Omni Glass & Paint, distributed photos of Loren's site
that were reviewed at the last meeting and discussed Omni's concern with both the appearance and
negative effect on their site and the adjacent lots they wish to market for development. He stated
his opinion on the 41 and Planned Development Overlays and felt that Planned Development
Overlay would give the staff the right to review and condition this request. He further stated that
Omni was opposed to any new uses or base standard modifications being granted. They were not
objecting to the relocation of the driveway or combining the parcels, but felt that the relocation of
the sign should be reviewed and approved by City staff for compliance with codes. This is a
gateway location to the city and he felt that the proposed building addition should require CUP
Item —1701 Fountain Ave - CUP/PD Loren's True* Plaza
approval as the owner appears to be proposing to merely make things worse in increments rather
than having the entire plan approved at one time. The uses on the site currently are a disregard to
the zoning district and although the CUP for sales and towing service were revoked by the
Council, the pictures distributed clearly display cars for sale, and towing trucks as well as signage
advertising said uses on the site. Mr. Reff felt that the Plan Commission needed to recommend
uses to the Council and he distributed copies of the conditions staff prepared for this request which
he had modified to be suitable.
Commission members agreed that they could not act on these suggested conditions today as the
request before them had been altered since the staff report was prepared and the new uses were no
longer being requested at this time.
Mr. Reff stated that his client and himself feel that the enclosed outdoor storage area use needed to
be better defined as he felt that the area was appropriate for either historic uses or left vacant but
he was concerned with it becoming a salvage yard beyond the fence which is not appropriate in
this zoning district.
Commission members discussed at length the relocation of the fence, sign and driveway as well as
the allowed uses in the fenced area. The building addition was revisited and discussion continued
on whether this was considered an expansion of the current use. Code language was reviewed
again relating to this interpretation. Legal nonconforming uses were again discussed as well as the
current uses on site along with the 50% limitation for the building addition. Commission members
did not feel comfortable voting on the item as there was too much confusion as to different
interpretations of code language between staff and the petitioner's attorney. It was concluded that
uses in the fenced area should be defined as well as conditions addressing any issues with the latest
request to relocate the fence, driveway and sign. It was also discussed that the building addition
should be conditioned for either Highway 41 or Planned Development Overlay. Commission
members determined that the building addition should fall under the requirements for the Highway
41 Corridor standards. Restrictions in the fenced outdoor storage area were suggested to be "no
salvage yard activities" however the Commission determined that this definition was too broad and
needed to be more clearly defined.
Mr. Winkel claimed that there was no need to establish conditions for the outdoor fenced area as
the owner can be cited by Inspection Services for uses not allowed in the M -1 zoning district.
Commission members discussed various conditions that would be appropriate for this request and
the language that would be acceptable. It was determined that all the conditions should be
removed since the request has been substantially revised and the following amendments would be
offered as the conditions of approval for the current request.
Motion by Borsuk to approve an amendment to add the following conditions to this
request:
1. Building materials of the proposed building addition meet the Highway 41 Corridor
Overlay Zoning District standards.
2. Approve the proposed relocation of the sign, in compliance with code standards.
3. Approve establishment of a new driveway, in compliance with code standards.
4. Approve fence relocation, in compliance with code standards.
Item —1701 Fountain Ave - CUPIPD Loren's Truck Plaza
Seconded by Propp. Motion carried 7 -0.
Commission further discussed the allowable activities in the enclosed outdoor fenced area and the
technical definition of "trucks ".
Motion by Borsuk to approve an amendment to add the following condition to this request:
S. Enclosed outdoor storage area is limited to semi - trucks, semi - trailers, and
commercial vehicles of a gross vehicle weight 10, 000 pounds or more awaiting
repairs, for no longer than 30 days.
Seconded by Mattox. Motion carried 4 -3. Ayes- Borsuk1Fojtik 1 Mattox 1Dell'Antonia. Nays -
Scheuermann/Esslinger /Propp.
Motion by Borsuk to approve an amendment to add the following condition to this request:
6. Landscaping is installed to meet Zoning Ordinance parking lot perimeter standards
for manufacturing areas on the south and east property lines.
Seconded by Mattox. Motion carried 7 -0.
Motion by Borsuk to approve the conditional use permit and development plan review for
the operation of the business at 1701 Fountain Avenue as requested with the following
conditions:
1. Enclosed outdoor storage area is limited to semi - trucks, semi - trailers, and commercial
vehicles of a gross vehicle weight 10, 000 pounds or more awaiting repairs, for no longer
than 30 days.
2. Building materials of the proposed building addition meet the Highway 41 Corridor
Overlay Zoning District standards.
3. Landscaping is installed to meet Zoning Ordinance parking lot perimeter standards for
manufacturing areas on the south and east property lines.
4. Approve the proposed relocation of the sign, in compliance with code standards.
S. Approve establishment of a new driveway, in compliance with code standards.
6 Approve fence relocation, in compliance with code standards.
Seconded by Esslinger. Motion carried 7 -0.
Item —1701 Fountain Ave - CUP/PD Loren's Truck Plaza
�u1. 23. 2008 11°08AM 'city of oshkosh comdev
ON THE WATER
1'PLIC 0 AVON
City of Oshkosh Application
Conditional Use Permit
**PaA81 TYPE OR PRINT US114G Bt.ACK M*#
Nu. 0719 P. 2
KMMrr TO:
Dept of Cotnrramity Development
213 Church Ave P -0. Box 1130
0 8flk04 W3acors 549034130
PHONE: (920) 236 -5099
Petitioner: I m ck Pla LLC Dote: 7126/08
Petitioner's Address: ' 170T Fountain Ave City: Mate: _W— Zip: 54,9Q4 _
Telephone#: ( 920) 7Z5 !37 _— Fax: ( ) other Contact # or Email:
Status of Petitioner (Please Check): Q Owner l3 R,t preaentative 0 Tenant Q Prospective Buyer
Petitioner's Signature (required): Dew �
.OWNEDD ORMAT_ION
owner(s): Loren Ran toff Date' 7 26 OB
Owners) Address: 3QlL �, �S1' 5 T �' � ,. City: ! P1_ghkpsh _ State , ,W1 Zip: saan�
Telephone #: ( 920 42-6--9097 Fa>c ( ) Other Contact # or Email:
ownership Status (Please Check): 0 Individual a Trust 0 Partnership Q Corporation
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City, officials and/or emplayces may, in the performative of their fanctlons, enter upon tho
property to inspect or gather other information nmcerzaary to process this application, I also understand that all meeting dates are tentative
and may be postponed by the Planning Services Division for inbomplete submissions or other administrWV6 reasons.
Property Owner's Signature: - pate:
SITE INFORMATION
Address /LpoationofFropo6ed, Project ___Lp 41 TrucJ�P1,a�,a r.rr
Proposed Projeat Type New i,.ntrance,remodel existing building nut up new building, move
signage, off —site towing, used car sales
CurrmtUaeof'Property,- T ck S Zoning:
Land Uses Surrounding Your Site; North: Mobile Hane Park
South: Light industrial
Larxifill /prison
West: Light J ueri a 1
*please note that a meeting notice wiU be mailod to all abutting property owners regarding your request,
D Application fees are due at time of subtnittsl. Make cheek payable to City of Oshkosh.
D Please refer to the fee schedule for appropriate Ift PER 18 NON - REFUNDABLE
For more information please the City's wobsift at www.ci.oshkashwi.ustCommunity..,DoveioptncrN?Iomlng.htm
, s
$toff Date Reed U1"
�u 23. 2008 11 08AM
city of ohkosh comdev No. 0719 F. j
Briefly explain how the proposed conditional use will cot have a >regative effect an the Issues below.
T , Health, safoty, and genets, welfare of occupants of surrounding lands. No change f:= present use, but looking facilities
vs'c ce.
N /A
3. Noise, air, water, or Other Iorms vz ,....�—
New pond to catch rain water
,On public sewez /wat=
i. Character amd Gture devolopmont of the area,
vacant industrial lots on west Will develoP
S AL RE i• — Must sect)mpuny the application to be Complete-
9 A riarrai TO of Me proposed 60nditional use and project including ,
o Proposed use of the property►
C1 Existing use ofthe property► and discussion of their relation to the project
n Identification of structures on the property
o Projected number of residents, employees, and/or daily customers
s, end perking are
p Proposed amount of dwelling units, floor area, Iandsaape arca expressed in square feet and acreage to the
nearest one-hundredth of an Sore
o Effects on adjoining properties to include, noise, bours.of operation, glare, odor, fumes, vibration, etc,
C3 Surrounding land uses
al Compatibility of the pro posed use with adjacent and other propartios the $Tea.
O Traffic g eneration ofthe intended use and its relatio» to nearby properties
D Any other infbrmationn pertinent to adequate und6sstandiag
> A complete site plan htcludimt and building elevations
MEMO
size (,2A ".x.36' calms '
8 ih "x 1 I (minimum} to 1 I" a coon of the u
lens end drt#win o e tract with folds acrd plot style
D One compact of re with d ghat p Bs
table file (if plans have been prepared digitally)
o Title block that provides all contact information for the petitioner and /or owner, if diffbrent f�slonals used is the Ian
Cl Full name and eantect information of petltionet's engiaeers/m oveyors /arobitects, or other design pro p
prcpardtion
a The date ofthe original plan and latest date of ravision to 1116 plan
0 A a0rdr arrow end graph!@ scale. Said aceie is not to be smaller than 00 Inch equals sixty feet {i " -60') unless otherwise
approved by the Depaftment of Community Development prior to subm'bw
v AD properly lines and existing send proposed right-Of-MY lines with bearings and dimensions clearly labeled
0 Ali required building setback and offset HOOK
a All existing and prop096d buildings, structures, and paved areas, including budding entrances, waucs, drives, decks, patios,
D Location of all outdoor storage and refuse disposal areal and to design and materials used for conssrocdo }ncludtng a Q Location and dimension of all on•sitc parking (and of -Clio parking provisions if th y are to be emP y ),
of the number of parking stallq provided per the requirements of S City of Oshkosh Zoning Ordiaanoe
Q Location Sad dimensoon of all losdint$ end 4ervice areas on the subject prope
lumination power and orientat
Q Location, height, design, il ion of an exterior lighting on the property including 8 photometrics plan
o 'I.ocacion of all oxterlor machankal equipment and unlit cad elevations of proposed screening devices where applicable (i.e,
visible from a public sine, or.residendal use or district). Mechanical equipment includes, but is not 11mited to; HVAC
equipment, electrical transformers and boxes, exhaust flues, plumbing v®nts, gas regulators, generators
2
CUP- LOREN'S 41 TRUCK PLAZA LOREN'S 41 TRUCK PLAZA
PC: 08 -19 -08 3000 OREGON ST
OSHKOSH WI 54902
RE 1701 FOUNTAIN AV
WH DEVELOPMENT GROUP OMNI GLASS & PAINT
PO BOX 170872 3530 OMNI DR
MILWAUKEE WI 53201 OSHKOSH WI 54904
RE 1700 FOUNTAIN AV RE VACANT LOTS -OMNI DR
WIS DEPT OF TRANSPORTATION
PO BOX 28080
GREEN BAY WI 54304
RE VACANT LOT- FOUNTAIN AV
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DISCLAIMER. RENOVATION XPANSION
/E
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one. O F Tp I lJ C K STOP N Of HKOf u n
V (� V HK
Of
This drawing is a compilation of records, data
information located in various city coun 1701 F O U WAIN AV. C ity
and state offices and other sources affecting
the area shown and It is to be used for reference y of Oshkosh
only. The City of Oshkosh is not re- Department of
purposes
sponsible for any inaccuracies herein contained.
If discrepancies are found, please contact the �� _ , Community Development
City Oshkosh. Scale. 1 — 25�
of
08/05/08
Created by - dff
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 other 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.
RENOVATION /EXPANSION
OF TRUCK STOP
1701 FOUNTAIN AV.
Scale: 1" = 1500'
N OfHK0 HH
ON THE WATER
City of Oshkosh
Department of
Community Development
08/05/08
Created by - dff