HomeMy WebLinkAbout10-131APRIL 27, 2010
10 -131 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
AS AMENDED
PURPOSE: APPROVE CONDITIONAL USE PERMIT AND PLANNED
DEVELOPMENT FOR A TEMPORARY PARKING LOT / 3665
SOUTH WASHBURN STREET
INITIATED BY: ROBERT ALBRIGHT, OWNER
PLAN COMMISSION RECOMMENDATION: Approved w /conditions
BE IT RESOLVED by the Common Council of the City of Oshkosh that a
conditional use permit and planned development to permit an unpaved grass temporary
parking lot to be used only during Country USA events, per the attached, is hereby
approved with the following conditions:
1) Base standard modification for the use of grass as a parking surface.
2) Ingress and egress traffic movements be coordinated and consistent with traffic
patterns on South Washburn Street before, during and after Country USA events.
3) No parking permitted within 75 feet of the navigable stream on the north side of
the 5 acre parcel unless documentation is provided stating the stream is non -
navigable.
4) The approved use does not include overnight parking or camping.
5) One year Sunset Clause
AMENDMENT IN BOLD & ITALICS
A*
OYHK f H
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich 12
)
Director of Planning Services
DATE: April 22, 2010
RE: Approve Conditional Use Permit and Planned Development for a Temporary Parking
Lot / 3665 South Washburn Street (Plan Commission Recommends Approval)
BACKGROUND
The request involves a temporary use of two properties comprising approximately 35 acres of land
owned by the petitioner. They are located on the west side of S. Washburn Street, approximately
1,500 feet north of W. Ripple Avenue. The properties contain a par three golf course, mini -golf, a
two - family dwelling (former farmhouse) with various accessory buildings and an approximately 50-
stall off - street paved parking area.
ANALYSIS
The petitioner is requesting approval for a temporary parking lot at the Sunset Par 3 Golf Course
property for the general public for the purpose of the annual Country USA events. The proposed
parking lot will be located entirely on the five acre parcel containing a 50 +1- stall paved off - street
parking lot, two - family dwelling, driving range, and various accessory structures. In addition to the
paved parking lot, the petitioner proposes to utilize the driving range as unpaved parking with an
estimated 150 to 200 vehicles occupying the area. Vehicles will not be allowed within the 75 -foot
setback area of the navigable stream along the north lot line unless documentation is provided that this
stream is no longer deemed navigable by the DNR and the parking lot will have use of the existing
lighting on the driving range. Access to Ford Festival Grounds will be by use of the terrace area on the
west side of S. Washburn Street with ingress and egress of vehicles from the lot being consistent with
traffic movement on S. Washburn Street which becomes one -way during the event. No overnight
parking or camping will be permitted.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its April 20, 2010 meeting.
Approved,
" � --"t>_ �
City Manager
ITEM: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW REQUEST
TO PERMIT A TEMPORARY PARKING LOT AT 3665 S. WASHBURN
STREET (SUNSET PAR 3 GOLF COURSE)
Plan Commission meeting of April 20, 2010
GENERAL INFORMATION
Petitioner /Owner: Robert Albright, Northern Real Estate Investments, LLC
Action(s) Requested:
The petitioner is requesting Development Plan approval for establishment of a temporary parking
lot located at Sunset Par 3 Golf Course located at 3665 S. Washburn Street. The parking lot is
proposed to be available for the general public in anticipation of their attending the Country U.S.A.
event at the Ford Festival Grounds for this year's event and subsequent years.
Applicable Ordinance Provisions:
Parking lots are permitted by right in the M -1 Zoning District. The Zoning Ordinance establishes
criteria and guidelines for the establishment and /or amendment of a PD overlay district in Section
30 -33 (A).
Property Location and Type:
The request involves the temporary use of two properties comprising approximately 35 acres of
land owned by the petitioner. They are located on the west side of S. Washburn Street,
approximately 1,500 feet north of W. Ripple Avenue. The properties contain a par three golf
course, mini -golf, a two - family dwelling (former farmhouse) with various accessory buildings and
an approximately 50 -stall off - street paved parking area.
Subiect Site
Existing Land Use
Zonin
Vacant/Unimproved
M- 1PD/USH 41 Corridor
Overlay
Adiacent Land Use and Zoning
Existin g Uses
Zonin
North
Vacant /Agricultural
M- 1PD/USH 41 Corridor
Overlay
South
Vacant /Agricultural
M- 1PD /USH 41 Corridor
Overlay
East
U.S. Highway 41
N/A
West
Vacant /Agricultural
M- l PD
Comprehensive Plan Land Use Recommendation
Land Use
10 Year Land Use Recommendation
Commercial/Parks, Recreation &
O en S ace
20 Year Land Use Recommendation
Commercial/Parks, Recreation &
O en S ace
ANALYSIS
The petitioner is requesting approval for a temporary parking lot at the Sunset Par 3 Golf Course
property. The submitted site plan shows the proposed parking lot to be located entirely on the five
acre parcel containing a 50 +1- stall paved off - street parking lot, two - family dwelling, driving
range, and various accessory structures. In addition to the paved parking lot, the petitioner
proposes to utilize the driving range as unpaved parking. Although the petitioner did not indicate
the number of vehicles proposed to park on the driving range, staff estimates 150 to 200 vehicles
could potentially occupy the area. Since the proposed parking area is unimproved, a base standard
modification will be required to allow the use of grass as a parking surface which staff is
supporting. A navigable stream is located along the north lot line of the five acre parcel.
Shoreland zoning requires a minimum of a 75 -foot setback for any structure from the navigable
stream; therefore staff is placing a condition that no vehicles be parked closer than 75 feet from the
edge of the navigable stream.
The temporary parking lot will have lighting by use of existing fixtures used for the driving range.
Staff likes the use of existing lighting as it adds security and safety for the concert goers. In
addition, attendants will be on site at all times to direct traffic and provide additional security.
Visitors using the parking lot will access Ford Festival Grounds by use of the "terrace" area on the
west side of S. Washburn Street. The terrace area provides approximately 40 to 45 feet of walking
area from the edge of the road to the right -of -way line. The distance from the parking lot to the
main entrance of Ford Festival Park is approximately 3,800 feet or 2/3 of a mile.
Initial discussions with the applicant had staff recommending that ingress and egress be allowed
via right turn only (as indicated on the petitioner's narrative). However, staff is now under the
assumption that traffic on this section of S. Washburn Street becomes one -way during the event:
southbound only before the event, and northbound only after the event. That being said, staffs
initial recommendation is in conflict with the traffic pattern after the event. Therefore, staff is now
recommending that ingress and egress to and from the site be consistent with traffic movement on
S. Washburn Street.
Staff understands there is a need for parking for those wanting to attend Country U.S.A. The
music celebration has a large regional draw and parking is at a premium. The petitioner claims
that business at the golf course drops considerably because of the traffic congestion brought about
by Country U.S.A. and is trying to recoup some of the lost revenue by providing parking for
visitors. This request is not dissimilar from temporary unimproved parking lots created for the
Experimental Aircraft Association's AirVenture. The main difference is that the subject site is
located within a Planned Development District requiring Plan Commission review and Common
Council approval per code, whereas other temporary parking lots fall under staff review only.
Item -S Washburn CUP/ PD TempPLot
No other concerns from the Fire Department, Police Department, the Department of Public Works,
nor Transit Department were raised at the interdepartmental review meeting other than those
addressed in this staff report.
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends approval of the conditional use
permit /development plan for a temporary parking lot for use during the Country USA event for
this year and subsequent years as proposed with the following conditions:
1. Base standard modification for the use of grass as a parking surface.
2. Ingress and egress traffic movements will be coordinated and consistent with traffic
patterns on S. Washburn Street before, during and after Country U.S.A. events.
3. No parking permitted within 75 feet of navigable stream on the north side of the five acre
parcel.
The Plan Commission approved of the conditional use permit /development plan as requested with
revised conditions. The following is the Plan Commission's discussion on this item.
Mr. Nau presented the item and reviewed the site which is currently a golf course with accessory
structures, a driving range, and a paved parking area that provides parking for 50 -55 vehicles. He
also reviewed a land use map of the area and stated that the petitioner was proposing to use the
paved surface as well as the driving range for the temporary parking area. A base standard
modification was required to allow for the temporary use of the grass area for parking and he
estimated that it would permit 150 -200 vehicles to be parked in this area. He also explained that
the request was only for the Country USA event so the temporary parking would only be on site
for five days and the ingress and egress would be coordinated with the one -way traffic flow during
the event. He reviewed the distance from the parking area to the Ford Festival grounds and the
route pedestrians would be using to access the event grounds from the parking area. He also
reviewed the navigable waterway on the north side of the parcel for which there would be a 75 foot
setback where no vehicles would be permitted; however the petitioner claimed he had
documentation that the DNR no longer considered the stream to be a navigable waterway in which
case this condition would not apply. He also commented that condition #3 has been amended to
reflect this situation.
Mr. Nollenberger requested an explanation of a base standard modification.
Mr. Nau responded that this means that a modification would be allowed to the code in the planned
development area as the zoning ordinance does not permit grass parking lots.
Mr. Hinz questioned if rainfall would create water in the ditch along the roadway, would this result
in pedestrians walking along South Washburn Street to gain access to the Country USA grounds.
Mr. Nau replied that it could potentially occur however there was 45 feet from the edge of the road
to the right -of -way and traffic moved very slowly during the event so staff did not have safety
concerns regarding this issue.
Item -S Washburn CUP /PD TempPLot
Mr. Hinz also questioned if parking would be allowed on this site for other events held in this area
in addition to Country USA.
Mr. Burich responded that the approval was for use during the Country USA event only and the
petitioner would have to request approval of an amendment to use the site for any other events.
Ms. Lohry inquired if the documentation had been submitted to verify that the stream was no
longer considered to be a navigable waterway by the DNR.
Mr. Nau replied that the petitioner has not yet provided the documentation therefore the condition
was amended accordingly to address the situation.
Mr. Thorns commented that he felt clarification was necessary if the request was for just this year
as the staff report refers to specific dates in 2010 or if it was meant to be allowable for use each
year during the Country USA event. He also commented on the pedestrian traffic from the parking
area to the Ford Festival grounds as he felt it should not be an issue as there is already foot traffic
from other surrounding sites to the grounds now.
Mr. Nau stated that the petitioner would need to clarify if the request was for more than just this
year as his application material gave the impression that the use was for this year only as it
referenced specific dates for this year's event. He also commented that pedestrians park vehicles
and walk from various sites in this area presently to gain access to the Country USA grounds.
Mr. Burich added that he felt the dates on the application material was for reference purposes only
and he thought the petitioner meant for this approval to be perpetual for each year's event.
Mr. Thorns inquired if a precedent would be set by allowing this use of a grass area for parking or
if it had been allowed in the past for other events.
Mr. Nau responded that there were "grandfathered" or historical uses of such practices in other
areas during special events.
Mr. Fojtik inquired how a navigable waterway was defined.
Mr. Nau replied that it was a determination that was made by the DNR.
Mr. Burich added that it could be determined to be navigable even if it is only available during a
storm event.
Mr. Nollenberger questioned if the request was approved as presented it appeared that it would be
specific to this year's event as the dates are referenced in the staff report.
Mr. Vajgrt agreed.
Mr. Burich responded that he believed the petitioner was intending the approval to be in
association with the Country USA event each year and a condition could be added to address that
the approval would be perpetual for each year's event.
Item -S Washburn CUP /PD TempPLot
Ms. Lohry inquired about the direction of flow of the navigable waterway and voiced her concern
if the parking of vehicles on the grass in this area could potentially cause damage to the waterway.
Mr. Gohde replied that he believed the stream was part of the Glatz Creek Watershed which
eventually conveys to Lake Winnebago.
Mr. Burich added that since this use was only for the temporary basis of five days per year, staff
was not concerned with contamination to the waterway. It would be an issue if the use was
proposed to be longer in duration.
Mr. Thorns questioned what the setback would be if the stream was no longer considered to be a
navigable waterway.
Mr. Nau responded that the setback without the additional limitations of the waterway would be
ten feet from the northerly property line.
Mr. Thorns also questioned if recreational vehicles were permitted to park in this area with the
option of staying overnight on the site.
Mr. Burich replied that camping use was not proposed in the application submittal and a condition
could be added to the request to address that issue.
Mr. Thorns stated he had concerns with overnight stays and felt a condition should be added to
address that situation.
Robert Albright, 5711 Green Valley Road, stated that he was the owner and petitioner for this
request and that he intended on having an attendant on duty at all times during the use and the
parking area would be lighted and for use during the event hours only with no overnight stays
allowed. He also commented that he did not request approval for ongoing years for the temporary
parking use as he did not know if it would be successful.
Mr. Thorns questioned if Mr. Albright wished to have the request considered to be just for this
year or if he desired to come back to the Plan Commission and Common Council on an annual
basis for approval of the use in subsequent years.
Mr. Albright replied that if the temporary parking lot was successful, he would like to have the
approval for its use on an annual basis. He also commented that he did not intend the use to be for
any other event other than Country USA.
Mr. Fojtik suggested that the staff report be amended to designate that the approval would be for
this year and subsequent years and a condition be added that the approved temporary parking lot
use does not include overnight parking or camping on the site.
Motion by Monte to approve the conditional use permit /development plan to permit a
temporary parking lot at 3665 S. Washburn Street during the Country USA event this year
and subsequent years as requested with the following conditions:
1. Base standard modification for the use of grass as a parking surface.
Item -S Washburn CUP/ PD TempPLot
2. Ingress and egress traffic movements will be coordinated and consistent with traffic
patterns on S. Washburn Street before, during and after Country U.S.A. events.
3. No parking permitted within 75 feet of navigable stream on the north side of the five
acre parcel unless documentation is provided stating the stream is non - navigable.
4. Approved use does not include overnight parking or camping.
Seconded by Vajgrt. Motion carried 7 -0.
Item -S Washburn CUP /PD TempPLat
SUBMIT TO:
City of Oshkosh Application Dept. of Community Development
215 Church Ave., P.O. Box 1130
❑ Planned Development Review Oshkosh, Wisconsin 54903 -1130
O.IHKOIH
Conditional Use Permit Review PHONE: (920) 236 -5059
ON THE WATER
*''PLEASE TYPE OR PRINT USING BLACK INK**
APPLICANT INFORMATION
G / _ t 3 /7 d
Petitioner: j DA Date:
2 / > State• Zip:
Petitioner's Address:
��/ LjJC/ U t/g 7' City: �1 /
Telephone #: ) 424L/-� Fax :Vo�0) �7.6 Other Contact # or Email - �� 6749
674f
Status of Petitioner (Please Check): wner ❑ Representative ❑ Tenant ❑ Prospective Buyer
�5
Petitioner's Signature (required):
Date:
OWNER INFORMATION
Owners }:
A—M- Date:
Owner(s) Address:
City:
State: Zip:
Telephone #: ( ) Fax: ( ) Other Contact # or Email:
Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership ❑ Corporation
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 may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons.
Property Owner's Signature:
Date:
SITE INFORMATION 3�,� a
Address/Location of Proposed Project: O
5 K�/�'I� �' f/(f }t e� 1 - �7 1 Parcel No. I�YX>D
Proposed Project Type: '
Current Use of Property: � nx :t � Ab y 5 5�-- ee�'�-�, r O Ufa S Zoning:
Land Uses Surrounding Site: North: tA I ` I
South:
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.
➢ 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_pevelopment/Planning.htm }�
Staff J P Date Rec'd I
7
Briefly explain how the proposed conditional use/development plan will not have a negative effect on the issues below.
➢ 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
ise, hours of operation, glare, odor, fumes, vibration, etc.
E3 Effects on adjoining properties to include: no
• 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 information 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 %" 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.
sposal areas and the design and materials used for screening
❑ Location of all outdoor storage and refuse di
❑ 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
❑ 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; RVAC
equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators, etc.
2
F
SUBMITTAL REOUIREMENTS — Must accompany the application to be complete.
3/15/10
Sunset Par 3 Golf Course
Northern Real Estate Development
3 669 Washburn St.
Oshkosh, WI 54904
Sunset Par 3 is currently a struggling business in this economy, as
it is. During the Country USA Event, the golf course's income
decreases immensely due to traffic passing Par 3 traveling directly
to the event. By applying for the Conditional Use Permit we are
trying to recapture a portion of the lost income. We feel the
blacktopped driveway and lighted parking area might be inviting to
event goers. The walk to and from the event would involve using
the ditch well off the road and away from the traffic. We will
install right turn only sign at the driveway to facilitate a smooth
flow of traffic.
Robert Albright
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CUP /PD -TEMP PARKING LOT
3665 -3669 S WASHBURN ST
PC: 04 -20 -10
NORTHERN RE INVSTMENTS LLC
PO BOX 3465
OSHKOSH WI 54903 3465
RE 3665 -3669 S WASHBURN ST
HUNTERS RIDGE OSHKOSH LLC
2990 UNIVERSAL ST STE C
OSHKOSH WI 54904 6356
RE RUFF GROUSE WAY VACANT LOT
ROBERT ALBRIGHT
5711 GREEN VALLEY RD
OSHKOSH WI 54904
FLANAGAN REV TRUST
FINTAN /CAROL
1545 ARBORETUM DR 422
OSHKOSH WI 54901 2797
RE S WASHBURN ST VACANT LOT
RUSCH ETAL THOMAS N
3807 STATE ROAD 21 A
OSHKOSH WI 54904 9323
RE S WASHBURN ST VACANT LOT
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and Information located In various city, county
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the area shown and It Is to be used for reference
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purposes only. The City of Oshkosh Is not re- Department of
sponsible for any Inaccuracies heroin contained.
Community Development
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This drawing is compilation records, data 3665 -3669 S WAS H B U R N ST
and Information located in various city, county ON TME w "TE"
and state offices and other sources affecting
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" - 2000
04/12/10
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SUBJECT
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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-
rponsible for any Inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
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041121101,
114