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Home My WebLink About11-425SEPTEMBER 27, 2011 11 -425 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENT TO PREVIOUSLY APPROVED CONDITIONAL USE PERMIT TO EXPAND EXISTING ANIMAL / PET SERVICE FACILITY AT 2275 OMRO ROAD INITIATED BY: TOUCH OF CLASS PET RESORT, 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 the previously approved conditional use permit for an animal /pet service facility at 2275 Omro Road, with the primary services being dog day care, professional dog grooming and animal product sales, is hereby amended to expand the outdoor off leash /play area, per the attached, with the following conditions: 1) Fencing be constructed of a solid /opaque material with landscaping or be chain link with solid vegetative screening, as approved by the Department of Community Development. 2) Animals shall be allowed outdoors only with the supervision of staff. 0 Q.lHK0fH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: David Bucks Principal Planner DATE: September 27, 2011 RE: Amendment to Previously Approved Conditional Use Permit to Expand the Outdoor Off -Leash Area for a Pet Day Care/ Boarding Service Facility at 2275 Omro (Plan Commission recommends approval) BACKGROUND This 1.4 acre site is located at 2275 Omro Road. It is on the north side of STH 21, east of Emmers Lane. The site is currently developed as a pet store and indoor kennel and improved with an approximately 10,000 square foot single -story building, 4,000 square foot fenced outdoor play area and associated 23 stall parking lot. A Conditional Use Permit was issued in 1990 (Res. # 485) to allow the pet store and kennel use. The petitioner is proposing to continue the operation of the animal /pet service facility with the primary service of dog day care, professional dog grooming and animal product sales with an amendment to the CUP to enlarge the current 40 foot by 100 foot (4,000 square foot) outdoor play area to 125 foot by 100 foot (12,500 square foot) as well as to remove the requirement that all animals outside be leashed. ANALYSIS Specific details of the use of the animal /pet service facility include a large supervised indoor daycare area, a small retail store for food and animal supply items and grooming area. The applicant anticipates having an average of 30 -60 customers per day with 6 -12 employees at any given time. Besides the CUP for the expansion of the outdoor area, all operations will remain as they have in the past. Noise and odor are the typical concerns with animal kenneling and /or daycare uses with outdoor play areas, which in this circumstance are minimized as the area proposed for the expanded/enlarged outdoor play area is situated between commercial uses and oriented to STH 21. To help alleviate any potential negative impact of the expanded /enlarged outdoor play area, the applicant is proposing to enclose the area with a chain link fence (to match the existing fence) or solid vinyl fence as well as adding landscaping outside of the fenced -in area. The established use including the outdoor area has been in operation for over two decades without complaint or issues associated with the use. The enlarged /expanded area meets all dimensional regulations of the Zoning Ordinance and staff does not believe it will create any issues. Also, staff is not concerned with the removal of the current "on- leash" requirement as the fencing provides suitable security for pets; however it is recommended that staff supervision be provided when animals are outside. FISCAL LMIPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request with conditions at its September 20, 2011 meeting. Approved, City Manager ITEM: AMEND CONDITIONAL USE PERMIT FOR A PET DAY CARE/ BOARDING SERVICE FACILITY TO EXPAND OUTDOOR OFF LEASH AREA - 2275 OMRO ROAD Plan Commission meeting of September 20, 2011 GENERAL INFORMATION Applicant: Betty Jean Wittenberg, Touch of Class Pet Resort Owner: Wittenberg Properties, LLC Action(s) Requested: The applicant is requesting an amendment to a previously issued Conditional Use Permit to expand the outdoor off -leash area at 2275 Omro Road. Applicable Ordinance Provisions: Animal care facilities and pet shops are permitted only through conditional use permits in the C -2 General Commercial Zoning District as regulated in Section 30- 25(A)(11) of the Zoning Ordinance. Standards imposed on Conditional Use Permits are located in Section 30 -11(D) of the Zoning Ordinance. Background Information, Property Location and Type: The 1.4 acre site is located at 2275 Omro Road. It is on the north side of STH 21 approximately 750 feet east of Emmers Lane. The site is currently developed as a pet store and indoor kennel and improved with an approximately 10,000 square foot single -story building, 4,000 square foot fenced outdoor play area and associated 23 stall parking lot. A Conditional Use Permit was issued in 1990 (Res. 9 485 attached) to allow the pet store and kennel use which has been operated for the past 21 years without issue regarding the business use. Subject Site Existing Land Use Zonin Commercial — Pet Service /Retail C -2 Adince Land Use and ZoninLy Existin Uses Zonin North Single- Family Residential (across Omro Road) R -2 (County Zoning) South State Highway 21 C -2 East Commercial — Auto sales C -2 West Government — Office /Service C -2 Comprehensive Plan Land Use Recommendation and Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS The petitioner is proposing to continue the operation of the animal /pet service facility with the primary service of dog day care, professional dog grooming and animal product sales with an amendment to the CUP to enlarge the current 40 foot by 100 foot (4,000 square foot) outdoor play area to 125 foot by 100 foot (12,500 square foot) as well as to remove the requirement that all animals outside be leashed. Specific details of the use include a large supervised indoor daycare area, a small retail store for food and animal supply items and grooming area. Hours of operation are from 6:30 am to 6:30 pm during the weekdays, 7:30 am to 5:00 pm on Saturdays and 11 am to 3 pm on Sundays. The applicant anticipates having an average of 30 -60 customers per day with 6- 12 employees at any given time. Besides the CUP for the expansion of the outdoor area, all operations will remain as they have in the past and all regulations related to the boarding and care of animals as well as grooming licenses are in place. Noise and odor are the typical concerns with animal kenneling and /or daycare use as the outdoor play areas are often in close proximity to local residential streets. These concerns are minimized in this circumstance as the area proposed for the expanded/enlarged outdoor play area is situated between commercial uses and is placed so it does not face Omro Road but is oriented to STH 21, which is generally a busy, high speed and noisy area. To help alleviate any potential negative impact of the enlarged outdoor play area, the applicant is proposing to enclose the area with a chain link fence (to match the existing fence) and add landscaping and bushes outside of the fenced -in area or use a solid vinyl fence. The established use, including the outdoor area, has been in operation for over two decades without compliant or issues associated with the use. The enlarged/expanded area meets all dimensional regulations of the Zoning Ordinance including setbacks and staff does not believe the enlarged/expanded outdoor play area operation will create any issues, especially with the inclusion of solid fencing or vegetative screening where the existing area is only enclosed with chain link. Additionally, staff is not concerned with the removal of the current "on- leash" requirement for animals as the fencing provides suitable security for pets being outdoors. Staff does recommend however that a condition that staff supervision be provided when animals are outside be included as part of the CUP amendment. RECOMMENDATION Staff recommends approval of the CUP amendment to the pet daycare /service facility at the subject property as proposed, with the following conditions: 1. Fencing be constructed of a solid /opaque material or be chain link with solid vegetative screening, as approved by the Department of Community Development. 2. Animals shall be allowed outdoors only with the supervision of staff. The Plan Commission approved of amending the conditional use permit for expansion of the outside off leash area. The following is the Plan Commission's discussion on this item. Item IV-2275 Omro Rd Dog Daycare CUP Ms. Lohry stated this property is adjacent to the gateway to the City. What kind of landscaping is proposed? Mr. Buck replied a landscape plan was not submitted, but a mix of arborvitaes could be used with or without solid fencing, as well as some low level shrubs. Mr. Hinz felt dogs can jump 6 ft. fences and would like to see landscaping that would be thicker to deter jumping. Mr. Pat Sage, representing Ms. BJ Wittenberg, said Ms. Wittenberg could not be present today. Mr. Sage indicated they are concerned for the safety of the dogs and he has seen dogs jump a 5 or 6 ft. high fence so it is a concern of the petitioners as well. The back portion of the lot along Highway 21 has a lot of flooding from the adjacent sites. Some water will drain in the natural swales and detention ponds in the area, but mainly stays on the rear of the property. Mr. Thorns inquired if a detention pond in that area has been considered? Mr. Sage stated the highway is high and their lot drains toward the building. Both adjacent lots also drain onto their lot creating a constant wet spot. He felt ponding would not actually take the water. Mr. Thorns indicated he would like to see increased vegetation on the outside of the fence. Mr. Sage indicated Ms. Wittenberg wanted an attractive site and did not believe she would have an objection to that. Ms. Lohry advised the applicant that willows and birches soak up excess water and would make excellent landscape trees in that back area. Also vines can be grown on the fence which may deter dogs from jumping. Mr. Buck noted the applicant is meeting all code requirements with the 6 ft. fence but noted that an 8 ft. fence could also be permitted if outside setbacks. Motion by Bowen to amend the conditional use permit to expand the pet daycare /service facility with the following conditions: 1) Fencing be constructed of a solid/opaque material with landscaping or be chain link with solid vegetative screening, as approved by the Department of Community Development. 2) Animals shall be allowed outdoors only with the supervision of staff. Seconded by Vajgrt. Motion carried 7 -0. Item ?- 2275 Omro Rd CUP Amend -Pet Daycare Expansion FEBRUARY 1, 1990 0485 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: GRANT CONDITIONAL USE PERMIT INITIATED BY: SCOTT NERENHAUSEN, PETITIONER PLAN COMMISSION RECOMMENDATION: Approved 7 -0 w /conditions BE IT RESOLVED by the Common Council of the City of Oshkosh that a Conditional Use Permit, as requested by Scott Nerenhausen, petitioner, is hereby granted; said Permit allowing the construction of a pet store and indoor kennel on the easterly portion.of property located at 2301 Omro Road under Section 30 -12 of the Oshkosh Zoning Ordinance, and described as follows: A part of the SE 1/4, Section 16, and being that part of the N 1/2 of SE 1/4 as described in Doc. 602195, 603!+60, 605632, 610580 and 611283, Register of Deeds, lying within City limits, 16th Ward, City of Oshkosh, Winnebago County, Wisconsin. BE IT FURTHER RESOLVED that said Permit is granted contingent upon the following: 1) That the applicant submit a "Basic Operational Plan" that setsforth appropriate standards for the care of boarded animals and the measures that will be taken to ensure that the facility is adequately maintained, and that approval of said Plan be obtained from the Dept. of Community Development prior to the use being established. In addition, the Dept. of Community Development may periodically inspect the premises to determine if the use is being maintained in consistency with the "Basic Operational Plan ", which consistency is a condition of continued occupancy. 2) That all kennels be indoors with no animal activity outside the building, unless approved as part of the "Basic Operational Plan ", or any amendments which may occur thereto, with the approval of the Dept. of Community Development. 3) The permit may be utilized by future operators, other than the applicant, and the use pe conditions of this permit are met . SUBRITTED BY 15 - nT ROVED �� S46a Log�6Z8: 4ZS LL6 �j S501 •u zr II h j � I L 0 3 Cf c r 0 h r o °= w N 1 L J CD Rs _ ~w cli o a CD z U o � o I T s�r'sn ee 01 Vi h CIS SSF I I W J Q U I i N h 0 O y o F1 o I� O z I rvr I "' sc •a�L 4 15a 1 IM 'HSOHHSO :uoil000 - I 9NISnOH 900 :}oa(oJd 3snOH 900 3Hl :Jaumo I I i I 0 0 of z Z 0 I I :pasinaa a }o0 :,Ce zaocs vo�uauv 88E xoH pasine� in 'cJdO3 SNE '8 ZH8 ,(g uMOJQ S�hly '1 .1 - I ) D - . #485 :'ON IaaHS 68 —Z L —Z L :a }o0 L09 -96 :'oN qor 5 4 f 4 ■ ■ ■ ■ M: ®m R 0 0 z 0 ri r�* r D Z z R 1 t 4 . u Job No.: 95 -0601 JACK WALTERS Drawn By. BNH Owner: THE D Date: 12 -13 -89 & SONS CORP, Revised B Sheet No.: Box 369 auentonvt 53002 Project: 6 Date Revised: Location: er_ I I� 1 I I G I i L` I I ^ J Ln a r . •� 0 z f D S D ` � i . u Job No.: 95 -0601 JACK WALTERS Drawn By. BNH Owner: THE D Date: 12 -13 -89 & SONS CORP, Revised B Sheet No.: Box 369 auentonvt 53002 Project: 6 Date Revised: Location: er_ City of Oshkosh Application ❑ Planned Development Review CETHKO.IH ! ❑ Conditional Use Permit Review ON THE WATER "PLEASE TYPE OR PRINT USING BLACK INK ** APPLICANT INFORMATION Petitioner: SUBMIT TO: Dept. of Community Developmer 215 Church Ave., P.O. Box 1 130 Oshkosh, Wisconsin 54903 -1130 PHONE: (920) 236 -5059 Date: 6 I Petitioner's Address: J 3_)_ 160 lie 6 , 4 � Croy: L%kc—a, State: Lit Zip: �. Telephone #: (9�20) 4aD- Fax: ( yaO) o?_3 1' 413 Other Contact # or Email: a fC Wdl o PCAQS S ��t (.�s r J c !vL (b nz Status of Petitioner (Please Check): Owner ❑ Representative Tenant ❑ Prospective Buyer J Petitioner's Signature (required): /� % ham' f��i'� Date: OWNER INFORMATION z Date: - h Owner(s): _ _ / l 0,41 Ulllt � City: Alikou State: �� Zip: 15- Owner(s) Address: r Telephone #: (Q��) �L? �� — Fax: ( ��1) � � `Y.37� Other Contact = or Email: J 7 LCI (• �DIYC Ownership Status (Please Check): ❑ Individual C 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 Plan Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature' 2 ? %' Date: /z SITE INFORMATI Address/Location of Proposed Project: oN 76 K Anho 76 Parcel No. 2161VC6 Proposed Project Type: Current Use of Property Land Uses Surrounding * *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 7 For more information please the City's website at A Community _Development'Planning.htm Staff Date Rec'd k4l� 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. m r) x/z &/ (l�� 2. Pedestrian and vehicular circulation and safety. 3. Noise, air, water, or other forms of environmental pollution. X1 a �� 1)ex� -A Izz 2 1 ohpne �'�� %r /vim! 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/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 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 V2." x 11 ( 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 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; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators etc. Dear Planning Committee and City Council, We are requesting a conditional use change or adjustment. We have been in the pet boarding, daycare and grooming business since 1975. According to our present permit, we have a fenced area, but the dogs must stay on leash. 1. This request is to provide a larger fenced in area and for our customers pets to be off leash for our daycare and boarding to play outside during short periods of the day. For the most part, their activity's are indoors, but on nice days it would.be great to be able to let the dogs outside. Our daycare is always supervised. 2. To do this, we need to enlarge the already fenced in area and level it to improve drainage. The property has had significant problems with water since the Dept. of Motor Vehicle resurfaced their parking lot 2 years ago and the business to the east was allowed to build higher than us. The present fence is 40 x 100 x 5 ft high and it is our need to make the fenced in area 125 x 100 x 6 ft high. 3. Our future plans include enlarging the building for our growing business and enlarging the play yard for a private Dog Park. We have noticed a tremendous increase in dogs being walked on Omro Road where the traffic has become very busy and we would like to offer a reasonable alternative, where people could use the future enlarged area for exercising their pet. This will be a phase 2 and hopefully planned for 2012. Materials: Ground: Landscape stone and gravel for drainage Fencing: First Choice- Chain link (similar to what we have) Second Choice- Vinyl White Landscaping of trees and bushes outside the fence • Traffic Generation There will not be any more traffic generated than when we owned this business previously. The Department of Motor Vehicles (the parcel to the west) creates the majority of the traffic on Omro road. Existing uses of the property The property at 2275 Omro Road was built in 1990 as a complete pet care center. Services included Daycare, Boarding, Grooming and pet products were sold. • Identification Please see site picture • Projected numbers Since this is a business that has been active for many years,(it has been closed for 6 months for renovations) we anticipate the same number of customers as we had when it was "The Dog House and Pet Center" We will have approximately 30 -60 customers per day and 6 -12 employees. • Area of building, land- Parcel number: 1621570000 Zoned C2 Property: 1.39 Acres or 60417 Square feet Building: 9600 Square feet Parking lot: 7800 Square feet Present fenced area: 4000 Square feet • Effects of Change- None to impact the community or Neighbors Hours of Operation: We have less hours of operation than before M -F Staff and Customers: 6:30 AM — 6:30 PM Weekend Staff: 7:30 AM -5:00 PM Weekend Customer: Sat- 9:00 AM - 5:00 PM ..... Sun- 11:00 AM- 3:OOPM There are no other issues that could be a negative effect. With the busy and noisy Highway 21, our noise compared, will be much less. • Compatibility This business has been compatible for 21 years. We built our business in this location before any residential or commercial businesses built around us. 10 f �y O O.fHKOfH ON THE WATER M I M (D Scale: 1" = 50' Source: City of Oshkosh GIS 11 CUP -DOG DAYCARE EXPANSION WITTENBERG PROPERTIES LLC WIS DEPT OF TRANSPORTATION 2275 OMRO RD 1732 CLAIRVILLE RD 944 VANDER PERREN WAY PC: 09 -20 -11 OSHKOSH WI 54904 6200 GREEN BAY WI 54304 5390 PROPERTIES ON THE LAKE LLC 2250 WESTOWNE AVE OSHKOSH WI 54904 7765 PATRICK INVESTMENTS LLC W4069 LINDEN DR MALONE WI 53049 2300 WESTOWNE AVE LLC 8730 COUNTY ROAD G MOUNT HOREB WI 53572 2900 SCHMICK TOD /DEB /LEONARD/ 2265 OMRO RD OSHKOSH WI 54904 7709 WOJDAC VIRGINIA 1204 WILLOW SPRINGS RD OSHKOSH WI 54904 TIGERT WILLIAM /NICOLE 1203 WILLOW BEND LN OSHKOSH WI 54904 12 13 1 1 v J � � O •1 C2D 1 91 Z O ❑ � 1 0 W m E�] E�tlfl ED Q ,� � - J 0 7 --------------------------------- - - - - -- - -- - - - - - - - -- - - - - -- - - - - -- -- ----- -- . - RD 2241 70 229t �1 X X _ fT " �a S 1,fifi y �rlA w ,tl fi5 2 3. L 0 o , DISCLAIMER This map is neither a legally recorded map nor a survey and it not intended to be used as one. This drawing is a compilation of records, data DAYCARE EXPANSION DOG DA 2275 O M RO R D O Q.f HKOlH 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. Ifdiscrepencies are found, please contact the N ON THE WATEi City of Oshkosh Department of Community Development City of Oshkosh. Scale: 1" - 150 Created by - dff 08/31/11 13 �Y � X14 X14 F� •,'i - `"��r j +~ qw; it OX I t .- mr MPR Le I' • ■ � I r ii J OIN ■�n�lE�� 11 - . z DISCLAIMER DAYCARE EXPANSION (01 This map is neither a legally recorded map nor DO G a survey and it is not intended to be used as one. Th is 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 2275 OMRO RD Scale: 1" = 150' N O.fHKOIH ON THE WATM City of Oshkosh Department of Community Development 08/31/11 15