HomeMy WebLinkAbout10-129APRIL 27, 2010
10 -129 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN
PURPOSE: APPROVE CONDITIONAL USE PERMIT TO INCREASE THE
NUMBER OF PARKING STALLS IN EXCESS OF THE MAXIMUM
ALLOWED BY THE ZONING ORDINANCE / 2351 STATE ROAD
44
INITIATED BY: JOEL EHRFURTH, PETITIONER
PLAN COMMISSION RECOMMENDATION: Found to be consistent with Section 30 -11(D)
and approved with conditions
BE IT RESOLVED by the Common Council of the City of Oshkosh that a
conditional use permit to increase the number of parking stalls in a proposed parking lot
expansion which will be in excess of the maximum allowed by the Zoning Ordinance or
by administrative approval, per the attached, is hereby approved with the condition that
landscaping quantities be increased by 20% in the area impacted by the new parking
stalls to match the increase percentage in parking stall numbers.
A
Y - HKOIH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: April 22, 2010
RE: Approve Conditional Use Permit to Increase the Number of Parking Stalls in Excess of the
Maximum Allowed by the Zoning Ordinance / 2351 State Road 44 (Plan Commission
Recommends Approval)
BACKGROUND
The subject property is located at 2351 State Road 44 approximately 1,200 feet southwest of South Washburn
Street and approximately 600 feet northeast of Universal Drive. The property is currently under development
with an 8,722 square foot medical office and treatment center including a 46 stall parking lot (35 stalls in the
front /11 stalls in the rear), multiple stormwater detention areas and landscaping. The property is located within
the Universal Business Park and the general area is professional office and professional service uses fronting
State Road 44, Universal Drive and Universal Court.
ANALYSIS
The conditional use permit request involves an increase in the number of parking stalls in excess of the
maximum allowed by code or by administrative approval. The zoning ordinance regulates parking to not cause
a negative impact on neighboring streets and the community, to avoid unnecessary impervious surface, or be
unsightly. The square footage of the building would permit up to 46 stalls with the applicant proposing to
construct 50 on the site. The petitioner feels if the additional stalls are not allowed, it could cause traffic
backups and loss of business to the owner and that the stalls would not detract from the site's compatibility with
surrounding businesses as they would be located to the rear of the lot. The Oshkosh Area Economic
Development Corporation feels the increased parking area is acceptable and will not create a negative influence
on future development opportunities. A medical facility can experience low parking turnover and overlap of
appointments creating a unique situation thereby justifying the request. Landscaping quantities are being
recommended to be increased by 20% in the area impacted by the new parking stalls to match the increased
percentage in parking stalls.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its April 20, 2010 meeting.
Approved,
City Manager
ITEM: CONDITIONAL USE PERMIT REQUEST TO ALLOW THE
CONSTRUCTION OF PARKING STALLS IN EXCESS OF ZONING CODE
LIMITATIONS AT 2351 STATE ROAD 44
Plan Commission meeting of April 20, 2010
GENERAL INFORMATION
Petitioner: Joel Ehrfurth
Owner: DAW Buildings, LLC
Action(s) Requested:
The applicant is requesting a conditional use permit to add parking to their commercial parking lot
in excess of the maximum permitted stalls allowed by code and also in excess of the 10% increase
allowed by administrative approval.
Applicable Ordinance Provisions:
Minimum parking stall required and maximum parking stalls allowed per specific use are
regulated in the Zoning Ordinance under Section 30 -36 (F)(2)(a). Zoning Ordinance Section 30-
36 (F)(6) states that parking lots may exceed up to 10% of the parking stalls allowed through
administrative approval. Parking lots with stalls in excess of the administrative approval are
required to apply for and receive a Conditional Use Permit.
Property Location and Type:
The subject property is located at 2351 State Road 44 approximately 1,200 feet southwest of South
Washburn Street and approximately 600 feet northeast of Universal Drive. The property is
currently under development with an 8,722 square foot medical office and treatment center
including a 46 stall parking lot (35 stalls in the front /11 stalls in the rear), multiple stormwater
detention areas and landscaping.
The property is located within the Universal Business Park and the general area is professional
office and professional service uses fronting State Road 44, Universal Drive and Universal Court.
Subiect Site
Existing Land Use
Zonin
Medical Office and Treatment Center
C -2
Adjacent Land Use and Zonin
Existing Uses
Zonin
Northeast
Professional Office
M -3
Northwest
Professional Service
M -3
Southeast
Professional Service and Vacant
M -3 and C -2
Southwest
Professional Office
C -2
Comprehensive Plan
Recommendation Time came
Land Use Classification `
10 Year Land Use Recommendation
Commercial
20 Year Land Use Recommendation
Commercial
ANAINSiS
This CUP request involves an increase in the number of parking stalls in excess of the maximum
allowed by code or by administrative approval. The Oshkosh Zoning Ordinance's parking code
regulates parking by requiring a minimum number of stalls deemed necessary for a particular use
to function and not cause negative impact on neighboring streets and the community at large.
Additionally, the code contains a limitation on the maximum number of stalls allowed for a
particular use to ensure that parking lots are not overbuilt as to create unnecessary impervious
surface, be unsightly or potentially function with uses other than intended parking. Zoning
Ordinance Section 30 -36 (F)(2)(a) limits parking for medical office /clinic uses to a maximum of 5
stalls for the first 1,000 square feet of building area and no more than 1 stall per 200 square feet
thereafter. The square footage of the building when applied to this regulation permits 42 stalls
outright with an administrative allowance up to 46 stalls. The parking breakdown is as follows:
Maximum Stall Calculation
Stall Count
Percentage of
Maximum Allowed
First 1,000 square feet
5 stalls
12%
Remaining 7,722 square feet / 200 square feet
37 stalls
88%
Maximum stalls allowed per code
42 stalls
100%
10% administrative increase
4 stalls
10%
Maximum stalls allowed
with admin. increase
46 stalls
110 %
The applicant is proposing to construct another row of parking stalls adding an additional 14 stalls
for a total of 50 stalls on the site, which is 120% of the maximum 42 permitted by code or an
additional 10% increase over the allowable 10% administrative allowance. The applicant believes
that additional parking stalls beyond the 46 being constructed are necessary because the parking
demands of similar uses at other locations exceed Oshkosh Zoning Code maximum allowances
even with the administrative allowance. The petitioner feels that if the additional 14 stalls are not
added it would "potentially cause parking deficiencies, traffic backups, and loss of business to the
owner ". Additionally, the applicant states that adding the stalls will not detract from the sites
compatibility with surrounding businesses as they will be located to the rear of the lot behind the
building.
The Zoning Ordinance, in Section 30 -36 (17)(6), provides review criteria to be used when
reviewing requests of this nature, as follows:
(a) The proposed development has unique or unusual characteristics (such as high
sales volume or low parking turnover) which creates a parking demand that
exceeds the maximum ratio and does not typically apply to comparable uses.
(b) The lot is designed to allow for more intensive future site development.
(d) Pedestrian connectivity through the lot.
(e) The need for additional parking cannot be reasonably met through provision of
on- street or shared parking with adjacent or nearby uses.
Item — Excess Parking Stalls CUP12351 State Rd 44
()9 The proposed development demonstrates that its design and intended use will
support high levels of existing or planned transit and pedestrian activity.
Staff reviewed the request based on the criteria and believes that criteria "a" could apply to this
specific type of use as parking turnover at a medical facility can be extremely low and overlap of
patient appointments is not uncommon. The low turnover of customer parking, combined with a
work force associated with the dermatology clinic use, may present a special circumstance.
However, information such as the number of physicians and support staff on a given shift as well
as what the total number of offices and exam rooms are has not been included with the application
so a reasonable analysis cannot be performed. That being said, staff would like to point out that
this section of the parking code is generally intended to regulate large parking lots like those
typical of big box retail establishments, institutional uses and commercial recreational uses. As a
mediation measure for the increased asphalt, area staff typically requires an equivalent increase in
planting materials included with site landscaping. Assuming the increased landscaping and the
location of the parking behind the building, staff would agree with the applicant that the additional
asphalt area and additional 14 parking stalls will not have a negative aesthetic impact on the
development, the general area or the business park. A representative of the Oshkosh Area
Economic Development Corporation, who sells and manages properties within the park, was
consulted on the request and feels that the increased parking area is acceptable with the assumption
that the overall appearance of the site will not create a negative influence on future development
opportunities.
RE COMMENDATION /CONDITIONS
The Department of Community Development recommends approval of the conditional use permit
as proposed with the following condition:
1. Landscaping quantities are increased by 20% to match the increase percentage in parking
stall numbers.
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.
Mr. Burich presented the item and reviewed the cap placed on parking requirements in the zoning
ordinance which contains a limitation on the maximum number of stalls allowed for a particular
use to ensure that parking lots are not overbuilt. He further explained that the use being
constructed on the site would be a dermatology facility who desires to increase the number of
allowable parking stalls from 46 to 50. He reviewed the criteria to be used when considering
requests of this nature and stated that the condition recommended for this request was being
amended to "Landscape quantities are increased by 20% in the area impacted by the new parking
stalls to match the increase percentage in parking stall numbers."
Mr. Thoms inquired if the increased parking stalls would be located in the rear of the facility and if
the applicant was requesting only a few additional stalls in excess of the 10% allowed.
Mr. Burich responded that the additional parking stalls would be located in the back of the facility
and the 50 stalls requested was a 20% increase over the 42 stalls permitted by code.
Item — Excess Parking Stalls CUP12351 State Rd 44
Mr. Fojtik questioned how the increase in parking stalls would affect the drainage and stormwater
management plans for the site.
Mr. Burich replied that those issues would be addressed in the site plan review process that is
required for all new developments.
Joel Ehrfurth, Mach IV Engineering & Surveying, 2701 Larsen Road, Green Bay, stated that the
stormwater management plans accommodated for the additional parking stalls and requested that
staff work with him on the 20% increase of landscaping quantities recommended to detail the
number of additional trees, etc. and location of said landscaping that would be required.
Mr. Burich responded that the increase in landscaping would be required in the parking lot area
and the perimeter and staff would work out the details with Mr. Ehrfurth.
Motion by Vajgrt to approve the conditional use permit to allow the construction of parking
stalls in excess of zoning code limitations at 2351 State Road 44 as requested with the
following conditions:
1. Landscaping quantities are increased by 20 %, in the area impacted by the new parking
stalls, to match the increase percentage in parking stall numbers.
Seconded by Thoms. Motion carried 7 -0.
Item — Excess Parking Stalls CUP12351 State Rd 44
City f Oshkosh A pplication De o r ro:.
ty pp Dept. of Community Developrnw
[3 Planned Development Review Os osh, Wisconsin P.O. Box 1130
p Oshkosh, Wisconsin 54903 -1130
QfW QM Conditional Use Permit Review PHONE. (930) 236-5059
ON THE WATER
* *PLEASE TYPE OR PRINT USING BLACK INK **
APPLICANT INFORMATION
Petitioner. J f'�C L f�ie�Gt' 'r Date: 3fz //0
Petitioner's Address: .2. Z 4X_,,;,/ -'h City:. t!r'_4r& Aw State: 6 r Z Sf 3oJ .
Telephone #: (PAI!)) d -- �;72e! Fax: (?,Z:�) ,6"( ?_ - 74 7 Other Contact# or Emai1: 1 i I`�it�''7ir /�lo�i " ' 1�•Ct
Status of Petitioner (Please Check): ❑ Owner WRepresentative ❑ Tenant ❑ Prospective Buyer
Petitioner's Signature (required): Date:
OWNER INFORMATION �/
Owner(s) L AW : : W : Am.14 b l l �-� �� Date: _ z � .
Owner(s) Address: e 3 � - Az 11A 1,' e , Q8 City: � ,,�,,, State: k&L Zip:
Telephone. #: (?X) 6 3•-6'? ?� Fax: (?zo) F$ 3 - 413 j Other Contact # or Email:
Ownership Status (Please. Check)i ❑Individual ❑'Trust O Partnership XCorporation
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 inspect or:gather other information necessary to process this application. I also understand that all meeting dates are - tentative
and tray be postponed by the Planning Services Division for incomplete submissions or other administrative reasons.
Property Owner's Signature: ''- ----7� Date:
SITE I NFO'RMATIO
Address /Location of Proposed Project: Z3 5 �/ 4 5'714115 A Parcel No.
Proposed Project Type: el-l" t
Current Use of Property: /1/�' j'u'C.4t CC oW C Zoning: --
Land Uses Surrounding Site: North: Al '.-;
South: rr Z P/AC A �
East:
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.
Y 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 _Development/Planning.httn
Staff Date Recd! b
140-; 1 414
Briefly explain how the proposed conditional use /development plan 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.
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3. Noise, air, water, or other forms of environmental pollution.
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4. The demand for and availability of public services and facilities.
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5. Character and future development of the area.
S
SUBMITTAL REQUIREMENTS — Must accompany the application to be complete.
➢ A NARRATIVE of the proposed conditional use/Development Plan including:
❑ Existing and proposed use of the property
❑ Identification of all structures (including paving, signage, etc.) 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
❑ Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc.
• Compatibility of the proposed use with adjacent and other properties in the area.
• Traffic generation (anticipated number of customers, deliveries, employee shift changes, etc.)
❑ Any other pertinent infonnation to properly understand the intended use /plan and its relation to nearby properties and the
community as a whole
➢ A complete SITE PLAN and BUILDING ELEVATIONS must include:
❑ Two (2) full size (minimum 24" x 36 ") scaled and dimensioned prints of site plan and building elevations
❑ Two (2) 8 '' /z" x 11 (minimum) to 11" x 17" (maximum) reduction of the site plan and building elevations
❑ 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 and contact information of petitioner's
engineers /surveyors /architects, or other design professionals used in the preparation of the plans
❑ The date of the original plan and revision dates, if applicable
❑ A north arrow and graphic scale.
❑ All property lines and existing and proposed right -of -way lines with dimensions clearly labeled
❑ All required setback and offset lines
❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, signs, decks, patios,
fences, walls, etc.
❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for screening
❑ Location and dimension of all on -site parking (and off -site parking provisions if they are to be employed), including a sununary
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
❑ Location, height, design, illumination power and orientation of all exterior lighting 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). Mechanical equipment includes, but is not limited to; HVAC
equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators, etc.
2
5
M IV
Engineering &Surveying LLC
March 25, 2010
City of Oshkosh
Department of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, WI 54901 -1130
RE: Conditional Use Application for 2351 State Road 44
Enclosed is a Conditional Use Permit Application including forms, $300 review fee, and
appropriate plans.
The conditional use is required for the requested additional 14 parking stalls as shown on the
attached plan. The 14 stalls are over the maximum allowable +10% number of 46 (Section 30-
36) on the attached approved site plan.
The existing conditions of the property were a vacant lot. Construction is currently underway on
the proposed Medical Clinic facility. The Conditional use would simply add 14 parking stalls to
the approved site plan. The additional pavement was accounted for in the approved engineering
design, as well as the approved storm water management plan.
The additional parking stalls are required by the Owner as the parking demands on their other
locations of similar clinics are in the 60 stall range. Not adding these parking stalls would
potentially cause parking deficiencies, traffic backups, and loss of business for the Owner.
Adding the stalls would not detract from the Sites compatibility with the surrounding businesses
as the stalls are being added at the rear of the site. Setback and landscaping requirements are
being met, and storm water runoff generated by the additional stalls will be treated in the
approved storm water BMP's.
Please do not hesitate to contact me with any questions or concerns during your review.
Regards,
MACH IV ENGINEERING & SURVEYING LLC
Mike Kaster, P.E
Encl: As Noted
CC: DAW Buildings LLC
Blue Design Group
File
2701.aars n Road. Green Bay,
• WI 54303 Phone: 920-569-5765 • Fax: 920- 569 -5767 • www.mach- iv.com 6
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CUP - MEDICAL CLINIC ADD'L
HAGENE TRUST THOMAS K
DAW BUILDINGS LLC
PARKING STALLS
2461 SECURITY DR
1348 N UNION RD
2351 STATE RD 44
OSHKOSH WI 54904 7896
MANITOWOC WI 54420
PC: 04 -20 -10
RE 2325 STATE RD 44
RE 2351 STATE RD 44
OSHKOSH OFFICE PARK ASSOC
JOEL EHRFURTH
2935 UNIVERSAL CT LLC
5711 GREEN VALLEY RD
2701 LARSEN RD
MILANO MARIA E
OSHKOSH WI 54904 9700
GREEN BAY WI 54303
922 S JACKSON ST
GREEN BAY WI 54301 3518
RE 2935 UNIVERSAL CT
RE 2375 STATE RD 44
CITIZENS 1ST CREDIT UNION
C E S A 6
HWY 44 BUSINESS PLACE LLC
PO BOX 3046
PO BOX 2568
PO BOX 2216
OSHKOSH WI 54903 3046
OSHKOSH WI 54903 2568
OSHKOSH WI 54903
RE 2900 UNIVERSAL ST
RE 2300 STATE RD 44
RE 2370 -2390 STATE RD 44
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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-
sponslbie for any Inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
Created by - dff
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ADDITIONAL
PARKING STALLS
2351 STATE RD 44
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04/12/10
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DISCLAIMER ADDITIONAL
This map is neither a legally recorded map nor
a a and it not intended t be one. PARKING STALLS N OfHKOf H
d data
This is drawing Is s a compilation of rec
and Information located in various city, county 2351 STATE R D 44 °"'KE WATER
affecting
and state offices and other sources
the area shown and It Is to be used for reference City of Oshkosh
purposes only. The City of Oshkosh is not re- Department of
sponsible for any Inaccuracies herein contained.
If discrepancies are found, please contact the Community Development
City of Oshkosh. Scale. 1 tt 1000
04/12/10
Created by - dff
44
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.
Created by - dff
ADDITIONAL
PARKING STALLS
2351 STATE RD 44
Scale: 1 " = 200'
N OlHKO.IH
ON THE WATER
City of Oshkosh
Department of
Community Development
04/12/10