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HomeMy WebLinkAbout08-471DECEMBER 9, 2008 08 -471 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF CONDITIONAL USE PERMIT FOR AUTOMOBILE SALES AND SERVICE AT 222 JACKSON STREET INITIATED BY: THOMAS STEIN PLAN COMMISSION RECOMMENDATION: Found to be consistent with Section 30 -11(D) and Approved w /conditions BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit to establish an automobile sales and service business at 222 Jackson Street, per the attached, is hereby approved, with the following conditions: 1) Vehicle sales are limited to passenger cars and light trucks. 2) No vehicles are parked closer than 3.5 ft. to the sidewalk on High Avenue or Jackson Street and protection of the sidewalk be provided by means of wheel stops, curbing or other physical barrier to be approved by the Dept. of Community Development. 3) No storage of parts or equipment outside of the building. k 8z OYHKOfH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson K' ey,� Director o o unity Development DATE: December 4, 2008 RE: Approval of Conditional Use Permit for Automobile Sales and Service at 222 Jackson Street (Plan Commission Recommends Approval) BACKGROUND The subject property is a .35- acre /15,400 square foot parcel of land located at the southeast corner of Jackson Street and High Avenue with an existing building developed in 1966 as an automobile service and gas station. In 1999, the Common Council granted a conditional use permit for automobile sales and service at this location, however, the use was discontinued and the site has remained vacant, thereby removing the ability to continue the use and requiring a new Conditional Use Permit be granted ANALYSIS The petitioner is proposing to establish an automobile and light truck sales and service business on the lot utilizing the existing service station that has an office and three service bays. The proposal includes providing 15 display stalls, four customer parking stalls and two employee stalls. It is anticipated that the business would require two employees and have 10 -20 customers per day. The current lot is legal nonconforming and a determination is required on whether the nonconforming conditions are appropriate for the considered use. Staff is suggesting that vehicles be parked no closer than 3.5 feet to the sidewalks with wheel stops or some other type of physical barrier and no vehicles are to be parked in the vision triangle. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its December 2, 2008 meeting. Approved, City Manager ITEM: CONDITIONAL USE PERMIT APPROVAL TO RE- ESTABLISH AUTOMOBILE SALES AND SERVICE AT 222 JACKSON STREET Plan Commission meeting of December 2, 2008 GENERAL INFORMATION Applicant: Thomas Stein Owner: Steven Stein Action(s) Requested: The applicant is requesting a conditional use permit approval to re- establish an expired conditional use permit that allowed the operation of an automobile sales and service business. Applicable Ordinance Provisions: Automobile sales and service uses are permitted only through the approval of a conditional use permit within the C -3 Central Commercial Zoning District. The Zoning Ordinance establishes criteria and guidelines for the establishment and/or amendment of a Conditional Use Permit in Section 30 -11 (D). Background Information Property Location and Type: The subject property is a 0.35- acre /15,400 square foot parcel of land and is located at the southeast corner of Jackson Street and High Avenue. The existing building was developed in 1966 as an automobile service and gas station. In 1999, the City Council granted a conditional use permit for automobile sales and service at this property (see Resolution 99 -305 included with application material). Subsequently, the use was discontinued and the site has remained vacant, thereby removing the ability to continue the use and requiring a new conditional use be received. Subject Site Vacant Adiacent Land Use and Zoning C -3 rT a d �:« ry / Xa10n ;:A#r. 5 # 1 3Gs L �LSl ..u' �� " 3 , :�"x� s ; 'i� 'A 'i., §,� d } i� 5i` �`� {/T 'hi. ,`.�, "df+ f I!L North Commercial Office across High Ave) C -3 South CommercialOffice C -3 East Commercial Office C -3 West Vacant (across Jackson St) C -3 Elm �eier�savFlrtn Larrs� Rec'vmendaao�t, Y 5 k J<tn i7e 14~ 10 Year Land Use Recommendation Mixed Downtown 20 Year Land Use Recommendation Mixed Downtown ANALYSIS The petitioner is proposing to establish an automobile and light truck sales and service business on a formerly improved lot. The business will be housed in the approximately 2000 square foot service station that has an office and three service bays. The parcel is triangular in shape with approximately 175 feet of frontage on High Avenue and approximately 170 feet of frontage on Jackson Street. The petitioner proposes within the application to provide 15 automobile and light truck display stalls, four customer parking stalls and two employee stalls. It is anticipated that the business will need two employees and have 10 -20 customers per day. The petitioner has indicated that the property is desirable for the automobile and light truck sales and service business use as the property is currently designed /developed for that type of business and the corner location provides good visibility. The petitioner does not plan to improve the site from its current state except general upkeep on the building and lot. The site plan shows cars displayed close to the sidewalk and building. While buildings can maintain a zero foot setback in the C -3 District, parking areas are to maintain a three and one half foot setback from the right -of -way. The current lot is legal nonconforming and therefore the setbacks can be maintained for uses that are permitted in the C -3 District. For uses that require CUP, the Plan Commission and Council can determine whether the nonconforming condition is appropriate for the considered use. Staff suggests that vehicles be parked no closer than 3.5 feet to the sidewalks on High Avenue or Jackson Street and be protected from the sidewalk by means of wheel stops or curbing. It appears that the current condition provides conforming access to all stalls and service bays. In addition, no vehicles are parked in the vision triangle, which is 20 feet in either direction from the northwest corner of the property. Overall, it does not appear that the proposed sales and service use, with conditions, will change the essential character of the area from past uses and will not be hazardous or disturbing to the area. RECOMMENDATION /CONDITIONS The Department of Community Development recommends a finding that the proposed conditional use permit request is consistent with Sections 30 -11(D) of the Zoning Ordinance and be approved with the following conditions: 1) Vehicle sales are limited to passenger cars and light trucks. 2) No vehicles are parked closer than 3.5 feet to the sidewalks on High Avenue or Jackson Street and protection of the sidewalk be provided by means of wheel stop or curbing. 3) No storage of parts or equipment outside of the building. The Plan Commission approved of the conditional use permit as requested with revised conditions. The following is the Plan Commission's discussion on this item. Commission members discussed the projected use on the parcel adjacent to this site across Jackson Street as well as the zoning for this area. It was determined that the zoning was C -3 and C -3PD and was appropriate for mixed downtown district development per the Comprehensive Plan. Landscaping requirements were also discussed and it was determined that they would need to meet said requirements in the Planned Development District, but they would not apply to the C -3 Central Commercial District where this site is located. There was also discussion on the close Item - 222 Jackson -CUP Auto Sales & Service proximity of this use to the Marion Road redevelopment area and if it would be compatible. It was determined that if it was a new development site, it would not be laid out in this fashion, however, since it is utilizing an already existing land use pattern and is an appropriate use for the central city area, it was acceptable. Mr. Lowry questioned why the original CUP had two additional conditions placed on it that were not included on this request. Mr. Buck explained that the condition relating to the driveway on the corner of High Avenue and Jackson Street was not necessary as it has been removed. The other condition preventing vehicles from being parked in the vision triangle has been addressed as signage is currently located in that area that would not allow any vehicles to be parked in that location on the site. Mr. Esslinger inquired why condition #2 required no vehicles to be parked closer than 3.5 feet to the sidewalks and wheel stops or curbing to protect the sidewalk area as well. He stated that he did not see the need for both of these requirements. Mr. Burich responded that the City's Parking Ordinance Regulations require the setback from the sidewalk and the physical enforcement is a more effective method as it saves staff time dealing with administrative issues if cars are not parked appropriately. Mr. Esslinger stated that he would like the condition amended to add "or other physical barrier to be approved by the Department of Community Development ". Mr. Borsuk stated that he felt we needed to be consistent with how vehicle sales lots are handled in the central city area and he would like a list of said parcels. Motion by Esslinger to approve the conditional use permit for the re- establishment of an automobile sales and service at 222 Jackson Street as requested with the following conditions: 1) Vehicle sales are limited to passenger cars and light trucks. 2) No vehicles are parked closer than 3.5 feet to the sidewalks on High Avenue or Jackson Street and protection of the sidewalk be provided by means of wheel stop, curbing, or other physical barrier to be approved by the Department of Community Development. 3) No storage of parts or equipment outside of the building. Seconded by Borsuk. Motion carried 7 -0. Item - 222 Jackson -CUP Auto Sales & Service ( 0 OfHKOVH ON THE WATER APPLICANT INFORMATION City of Oshkosh Application Conditional Use Permit * *PLEASE TYPE OR PRINT USING BLACK INK ** SUBMIT TO: Dept. of Community Developmeni 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 PHONE: (920) 236 -5059 Petitioner: cti/�.rs STS j� Date: Petitioner's Address: City: - 5 17 / /�lT . .State : - Telephone Fax: ( ) Other Contact # (Si E ail: Status of Petitioner (Please Check): KOwner Petitioner's Signature (required): OWNER INFORMATION Owner(s): Owner(s) Address: Telephone #: ( ❑ Tenant ❑ Prospective Buyer Fax: ( City: Other Contact # or Email: Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership ❑ Corporation Date: z S Date: State: Zip: Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspector gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Servic s Division for incomplete submissions or other administrative reasons. Property Owner's Signature: �' � /T' �t Date: SITE INFORMATION Address/Location of Proposed Project: _/ ���5� 57 Proposed Project Type: e Current Use of Property: �7' Zoning: C — _3 Land Uses Surrounding Your Site: North: 2 South: East: /_ eoClo G " West: "Please note that a meeting notice will be mailed to all abutting property owners regarding your request. Application fees are due at time of submittal. Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE For more information please the City's website at www.ci. oshkosh. wi. us / Community _DevelopmenVPlanning.htm Staff Date Recd '_` S 11:_WUI IA Briefly explain how the proposed conditional use will not have a negative effect on the issues below. 1. Health, safety, and general welfare of occupants of surrounding lands. 2. Pedestrian and vehicular circulation and safety. 3. Noise, air, water, or other forms of environmental pollution. 4. The demand for and availability of public services and facilities. 5: Character and future development of the area. SUBMITTAL REQUIREMENTS — Must accompany the application to be complete. A narrative of the proposed conditional use and project including: t ❑ Proposed use of the property ❑ Existing use of the property Z) Identification of structures on the property and discussion of their relation to the project ❑ Projected number of residents, employees, and/or daily customers ❑ Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one - hundredth of an acre 0 Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. ❑ Surrounding land uses y ❑ Compatibility of the proposed use with adjacent and other properties in the area. ❑.' Traffic generation Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties ➢ t'. ? complete site plan including: " 3�wo (2) full size (24" x 36 ") scaled and dimensioned prints of site plan and building elevations O ;�I Wo (2) 8 %a" x 11 (minimum) toll" x 17" (maximum) reduction of the building elevations and site plan One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style table file (if plans have been prepared digitally) '�: Title block that provides all contact information for the petitioner and/or owner, if different `a Full name and contact information of petitioner's engineers /surveyors /architects, or other design professionals used in the plan `S preparation �- The date of the original plan and latest date of revision to the plan �A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1 " =60') unless otherwise approved by the Department of Community Development prior to submittal _�17 All property lines and existing and proposed right -of -way lines with bearings and dimensions clearly labeled All required building setback and offset lines .W All existing and'proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, walls ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for construction ❑ Location and dimension of all on -site parking (and off -site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30 -36 City of Oshkosh Zoning Ordinance ❑ Location and dimension of all loading and service areas on the subject property ❑ Location, height, design, illumination power and orientation of all exterior Iighting on the property including a photometrics plan ❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a public street or residential use or district). 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