The URL can be used to link to this page

Home My WebLink About15. 13-82 FEBRUARY 26, 2013 13-82 RESOLUTION (CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE CONDITIONAL USE PERMIT AT 458 BROAD STREET FOR NEW/USED SCOOTER, MOPED AND MOTORCYCLE SALES AND SERVICE BUSINESS INITIATED BY: VAL PALMER, PETITIONER PLAN COMMISSION RECOMMENDATION : Found to be consistent with Section 30-11(D) and approved with condition BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit to allow a new/used scooter, moped and motorcycle sales and service business at 458 Broad Street, per the attached, is hereby approved with the condition that no storage of equipment or parts is permitted outside of the building with the exception of one small business related trailer. 0 f H K DOR ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: February 21, 2013 RE: Approve Conditional Use Permit at 458 Broad Street for New /Used Scooter, Moped and Motorcycle Sales and Service Business (Plan Commission recommends approval) BACKGROUND The subject property is a 0.41- acre /17,800 square foot parcel of land located at 458 Broad Street, south of Merritt Avenue. The existing 6,840 square foot building was developed in 1960 as an automobile service facility. Since at least 1988, Davis Painting, a painting contractor business, has occupied the building. According to the petitioner's narrative, Davis Painting will be or has relocated to S. Main Street. ANALYSIS The petitioner is proposing to relocate a scooter /moped and motorcycle sales and service business from S. Main Street to the subject site which possesses an office structure with an additional brick structure containing three service bays. The petitioner is proposing to rent the southern portion of the building with no plans for improvements other than general upkeep. The site has an existing six foot tall solid fence along the east property line screening the use from the residential properties to the east. An outdoor scooter display and sales area is located between the two southern service bay doors and along the southeast area of the parking lot with service conducted entirely inside the building. Noise generated from this use should be minimal and the surrounding area should not be negatively impacted. The site contains 18 parking stalls which should be more than adequate for the two employees and customers and although the current lot is legal nonconforming as it does not maintain a 3.5 foot setback from the right -of -way, wheel stops are in place and the lot will be allowed to remain as is until such a time that it would be reconstructed. The hours of operation will be Monday through Friday, 10 am to 5 pm and Saturday 10 am to 2 pm with extended hours a possibility in the summer. In general, the proposed use will not change the character of the area or be detrimental to the neighborhood. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its February 19, 2013 meeting. Approved, City Manager ITEM: CONDITIONAL USE PERMIT APPROVAL TO ESTABLISH A NEW SCOOTER MOPED AND MOTORCYCLE SALES AND SERVICE FACILITY AT 458 BROAD STREET Plan Commission meeting of February 19, 2013 GENERAL INFORMATION Applicant: Val Palmer Owner: Randall L. Davis Action(s) Requested: The applicant is requesting a Conditional Use Permit to allow the operation of a new and used scooter, moped and motorcycle sales and service business. Applicable Ordinance Provisions: Motor vehicle 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 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 0.41 - acre /17,800 square foot parcel of land located at 458 Broad Street, south of Merritt Avenue. The existing 6,840 square foot building was developed in 1960 as an automobile service facility. Since at least 1988, Davis Painting, a painting contractor business, has occupied the building. According to the petitioner's narrative, Davis Painting will be or has relocated to S. Main Street. Subject Site E.visting Land Use Zoning j Painting Contractor Shop C -3 Adjacent Land Use and Zoning E.ristirt Uses ............ zoning North I Commercial Office, Single Family Residential C -3 South Single Family_ Residential C -3 East Single Family Residential R -2 West Railroad, Commercial Office R -2PD Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS The petitioner is proposing to relocate a scooter /moped and motorcycle sales and service business from their current site on S. Main Street to the currently improved subject site. The property houses an approximately 6,840 square foot former paint contractor service that has a barn -style office structure with an additional brick structure to the south with three service bays. The petitioner has indicated that the property is desirable for the motorcycle service business as it is currently designed for that type of business and plans to rent the southern portion of the building which includes two of the service bays. The petitioner does not plan to improve the site from its current state except general upkeep on the building and lot. An existing six foot tali solid fence is located along the east (rear) property line which serves as a visual screen to residential properties to the east. An outdoor scooter display and sales area is indicated on the site plan to be located between the two southern service bay doors and along the south east area of the parking lot. Staff feels this is adequate area as scooters do not consume a lot of space and are generally located indoors during off hours. Scooter and motorcycle service will be conducted entirely inside the building which already has an adequate ventilation system from the former painting service. Noise generated should be minimal as the building is well insulated and the types of cycles the petitioner services typically are not loud. Staff agrees with this assessment and the petitioner also notes that any noise generated would be quiet compared to the active railroad line across the street, therefore, the surrounding neighborhood should not be negatively impacted. The C -3 Central Commercial District does not require any off street parking for nonresidential uses; however, the existing site layout contains 18 parking stalls. The petitioner states that there is an agreement in place allowing the Carver Building (Oshkosh Counseling Center and two apartments) to utilize parking spaces on the subject site along Broad Street. It is anticipated that the business will have two employees at the onset with more brought on as business dictates. The petitioner indicates that there is more than adequate space for customers and employees and display area. Staff agrees that the site has much more parking than necessary for the proposed use and believes that the parking area south of the building will meet their needs. The site plan shows the parking tight against the sidewalk, building and south lot line. While buildings can maintain a zero foot setback in the C -3 District, parking areas are to maintain a 3.5 foot setback from the right -of -way. The current lot is legal nonconforming and therefore the setbacks can be maintained until the parking area is reconstructed. Staff is comfortable with the current configuration as it provides conforming access to all stalls and service bays and wheel stops are in place to prevent vehicles from overhanging over the sidewalk and south property line. The petitioner's planned hours of operation will be Monday through Friday, 10 :00am to 5:00pm, and Saturday, 10:00am to 2:00pm. During the summer months the petitioner has extended hours up to 8:OOpm. Deliveries of new scooters to the site will be made once a month, consisting of a 53 -foot trailer with lift gate. There is adequate on -site area for deliveries and they will not affect traffic on Broad Street. Other deliveries will be parts - related via U.P.S. or Federal Express occurring two to three times a week. hern - 458 Broad S1. Moped & Cycle Sales and Service CUP In general, it does not appear that the proposed scooter /motorcycle sales and service use will change the essential character of the area from past uses and will not be hazardous or disturbing to the area. RECOMMENDATION /CONDITIONS Staff recommends a finding that the proposed conditional use permit request is consistent with Sections 30 -11(D) of the Zoning Ordinance and be approved as requested. The Plan Commission approved of the conditional use permit as requested. The following is the Plan Commission's discussion on this item. Mr: Nau presented the item and reviewed the site and surrounding area as well as the zoning classifications and land use in said area. He described the existing structures on the site and that the petitioner was intending to utilize the southern portion of the building only. He further stated that the site contains 18 parking stalls and described the sales and service work proposed to be done on the site with the service work to be completed inside the structure. Noise should not be an issue and the parking lot possessed a legal nonconforming status however no site improvements were planned for the site. He also discussed the hours of operation and indicated that a condition had been added to this request since the staff reports were mailed stating that no storage of equipment or parts outside of the building would be allowed. Mr. Bowen commented if the petitioner was leasing just the southern portion of the building, if Davis Painting would be remaining in the building to any degree. Mr. Nau responded that the building should be unoccupied on the northern side of the site. Val Palmer, 3813 Western Drive, stated that he was present to answer any questions regarding the request. He fiirther stated that the parking stalls on the southern side of the site adjacent to the apartments had some wood stored in the back corner of the lot and he will be requesting that the wood be moved to allow him to stripe that area with a few additional parking stalls. He also indicated that he had a flat bed trailer on the lot with no room to store it inside the building and questioned if the condition relating to no storage of equipment or parts meant his trailer could not be stored on site. Mr. Burich questioned if this trailer was a licensed vehicle. Mr. Palmer indicated that it was not. Mr. Thorns inquired if the trailer was used for business purposes. Mr. Palmer responded that it was and would be stored next to the building towards the eastern lot line and the display area for the scooters will be by the building in front. The trailer would not interfere with either the display area or other parking stalls on the site. Ms. Propp questioned if the scooters would be taken inside the building at night. Mr. Palmer responded affirmatively. Ilene - 458 Braid St. Moped & Cycle Sales and Service CUP Mr. Bowen commented that the portion of the structure to the north is currently vacant however he had concerns if there would be adequate parking if another use would occupy that portion of the site. Mr. Palmer replied that there would be four to five cars at the most on his site and he did not have any concerns with the parking stalls being insufficient. Mr. Thorns inquired how to allow the trailer to be parked on site. Mr, Burich recommended amending the condition to be "No storage of equipment or parts outside of the building with the exception of one small business related trailer." Ntotion by Lohiy to approve a conditional use permit to establish a neiv scooter; moped and motorcycle sales and service facility at 458 Bi•oad Street with the follotiving condition: 1) No storage of equipment ol• parts outside of the building with the exception of one syiall business related trailer. Seconded by Cummings. Motion carried 8 -0. lien - 458 Broad St. Afoped & Cycle Sales and Service CUP (0 O.fHKO.fH ON THE WATER APPLICANT INFORMATION City of Oshkosh Application ❑ Planned Development Review ❑ Conditional Use Permit Review "PLEASE TYPE OR PRINT USING BLACK INK" SUBMIT T0: Dept. of Community Developme 215 Church Ave., P,O, Box 1130 Oshkosh, Wisconsin 54903 -1130 PHONE: (920) 235 -5059 Petitioner: VQQ iI�1�T — Date: / oZ Petitioner's Address: lks+cr K Or- City; o, /,t los 1` State: Lai Zip: 4 ILL Telephone #: (q ,2o) _ 5 7 3 °745 Fax: ( Other Contact # or Email: v ' e;- GO-Wk Status of Petitioner (Please Check): ❑ Owner ❑ Representative HTenant ❑ Prospective Buyer Petitioner's Signature (required): OWNER INTORAIATION Date: / Z ' / Owner(s): Ai44 (cWi S _._. Date: A %3 Owner(s) Address: 4 t0 �� City; State: Zip: f Telephone #: (790) Fax: Other Contact # or Email: C 04, Ownership Status (Please Check): 'Individual 0 Trust D Partnership 0 Corporation Property Owner Consent; (required) By signature hereon, LIWe 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: SITE INFORMATION - W. Address/Location of Proposed Project: 5-1? ' i Parcel No. Proposed Project Type: __L r^ bywec 5tdc s "ut � t✓ Current Use of Property: Land Uses Surrounding Site: North: South- East: kcg ' 1^ West: Ral -I I-md — "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 ti ww.ci.oshk-osh.wi.us/ Community _Development /Planning.htm Staff 111-A Date Recd 4A Briefly explain how the proposed conditional useldevelopment plan will not have a negative effect on the issues below. 1. Health, safety, and general welfare of occupants of surrounding lands. lies �,,,tt kz Ml, ,m&t r(s k -� W 9-6L� &,_ W -err heft cc a;t/ Ae., ;aFS- 2. Pedes #Tian and vehicular circulation and safe�t,y�. y;aeuy �5 v itl YwV be &-C$ec CJ J [4�C1i Rio ) v2�ti`�Ir r {Yw(�,`c will pe Midi i' a as dz s (e lei affa"ed, 3. Noise, air, water, or other forms of environmental pollution. i �[5e 4dr /UJt1eS w'f� ! a lI) (,, as clt��aJl�r� ,� ` 4. The demand for and availability of public services and facilitiej� . crrrek j ad tout CvA ,e- � f�2 /YliNi�Yta � ��ic2cui4' �t- /1v��c S�J l�a�Ps S. Character and future development of the area. n 1 U � y . J.S �%i111�c�r�it,Q (.�J t`L� !/E{l� I �;, 15 A vlD ti � !!! / %� F j /n• /Jn Gi 1 v[X iJ7Q VW ✓2%- N �� l F'� .' We keve- etc old ccrrhYe jra�e cicurc r W2 plAA ne, deJdq�Meat Vi waijr'd e1(04�t -d4l` A 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. Li 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 W, ➢ A complete SITE PLAN and B UTLDING ELEVATIONS must include: ❑ Two (2) full size (minimum 24" x 36 ") scaled and dimensioned prints of site plan and building elevations ❑ Two (2) 8 Vz" x I 1 (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 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. 5 Gas Sippers Motorworks LLC requests a Conditional Use Permit for 458 Broad Street. Davis Painting currently owns the building, and has been using the space we'd like as a place to do spray painting. It has an industrial paint (fume) hood installed. As Davis Painting is moving offices to the former Buckstaff Outlet on South Main, they no longer need this space. We'd like to operate our entire business at this location. Our business includes sales of new and used mopeds, scooters and motorcycles and the service of these vehicles. There are two buildings in close proximity to each other- the Davis Painting Building and the "Carver Building" which houses The Oshkosh Counseling Center and two apartments. The Carver Building was owned by Randy Davis along with the painting shop, but was sold. The City required a covenant pertaining to parking as part of this sale. We've been told that twenty -four spaces need to be available at all times, to be used by apartment tenants, Davis Painting (for now) and The Oshkosh Counseling Center. We are planning on parking on the south end of the building. This location is not currently used for parking but is part of the parking lot. In the past, Randy Davis allowed residential neighbors to the south to store wood and pallets here, though he was never asked permission. This will negate any effect on parking as it currently stands. Our customer traffic is not typically high, and will not pose a burden to neighbors. Ten people during the course of a warm day would be a lot. During the summer we typically have between twenty -five and fifty people in a given work week, Monday through Saturday. There are no employee shift changes, as my Dad and I are the only people that work for Gas Sippers. Our large deliveries come on fifty -three foot trailers with lift gates. These large deliveries come about once per month. That truck would be on the premises for about twenty minutes. I've seen paint supplies delivered by trailer both in the parking lot and on the side of Broad Street next to the lot. We'd use either location- whichever would most minimize any impact. Our parts deliveries typically come via FeclEx or UPS. These deliveries are at most five minutes. They come about three times per week. We'd have, them park parallel to the building, in front of the farthest south overhead door. This location in the lot is not used for parking at the moment. Other impact on surrounding neighbors would be minimal. About ninety percent of our service work is scooters or mopeds. These machines are very quiet. The building is well insulated above and along the renovated overhead doors. The remainder of the building is brick. The remaining ten percent of our service work is ATVs, enduro style bikes and motorcycles. Much of the service work on motorcycles is done on vintage bikes. These machines are not typically very loud. Noise emanating from the building will be minimal. Any fumes would be vented up and away from any neighbors through the industrial fume hood. The part of our day spent with running machines is minimal. The noise generated by passing trains immediately to the east is far louder than any noise we will generate. Our hours of operation have been: 10AM -5PM Monday through Friday 10Am -2PM Saturday We have, in the past, been open until bPM or SPM in June, July and August. We'd likely do this again. When we do outdoor displays, the scooters would be perpendicular to the west side of the building in front of the south overhead door. I've included a labeled plan to help illustrate the parking and display ideas. We've been in a couple different locations as our business has grown. We have been good neighbors - it's a priority for us. We've already met some of the staff at the counseling center and have met the apartment tenants, I would never, ever solicit business at these locations but we would offer residents and employees a generous discount if they ever shopped with us, simply as a means of conveying our thanks for a good relationship. As we continue to grow, we expect to hire mechanics and perhaps salespeople to help us. We also feel like we fill a niche and offer a valuable service in Oshkosh with our product offerings. We'd also love to be able to buy this building to make it a more permanent home, and are exploring the means to do so, barring any zoning complications, of course. We love using older buildings, and love the neighborhood. I love being closer to the center of the city versus being in an outlying area. We would appreciate the opportunity to answer any questions about our proposed use of this facility. We also appreciate the time taking to review our proposal. 7 x. ' -�:= �: }� '. � z ` �: c`.. '�'� I I - - .mp- i.= t_ �1 4 y ♦p�� t: is l .rte .. -_.. _ �_x...,�- .__...�__� -� .- .__-- _•... -.._ _.__.� ---�- --- ' -----.�.__. -_- � _ _„'. '- �� i, uj 1A 7 0 L Q AjA, 9 CUP - SCOOTER SALES /SERVICE LANE LARRY C /PAULA L SCHROEDER RICHARD /COLLEEN 458 BROAD ST 509 MERRITT AVE W541 CENTER RD PC: 02 -19 -13 OSHKOSH WI 54901 5139 MARKESAN WI 53946 8701 LAUX RACHELLE J 501 MERRITT AVE 200 OSHKOSH WI 54901 5139 DAVIS RANDALL L 458 BROAD ST OSHKOSH WI 54901 5138 LUTZ MATTHEW J /BRITTA 436 BROAD ST OSHKOSH WI 54901 5138 VAL PALMER 3813 WESTERN DR OSHKOSH WI 54901 CLARITY CARE INC 424 WASHINGTON AVE OSHKOSH WI 54901 5044 KREMER MICHAEL R /DEBORA 445 MONROE ST OSHKOSH WI 54901 5145 HOOPMAN ERIC 501 MERRITT AV 300 OSHKOSH WI 54901 MEIDL MARIE 451 MONROE ST OSHKOSH WI 54901 5145 MONROE LINDA M 433 MONROE ST OSHKOSH WI 54901 5145 ANDRESEN BLDRS INC 501 MERRITT AV 100 OSHKOSH WI 54901 10 O O 23.50' 4fi.50' IL-424. 24 46.50' 92.50' ERRI >nVE- 50.13' P N o� �ry i O LR I( a N 14) _ � -_ -- Ln' G Q 0y Ce 6 t .r. P 1n to 55.50' S5 50' 55.50' 6.5' 56.17' N N- 17-1IIjj O O O f C ^ 24A N 502: l 518.. � 00 5 8 =.512 jf 24 _ 530 . -�• 55.5D' � � 55.50' I 55.50' 39.00' � �� 5 -; - 6a.a � 51st Sa.o• so.a � 501 515 131 03 5A 527 5 1A 03 6 0 0 t o Lj O 1 ' 55.0' 44.0" 201.67' o E123] ;7.203.6 d� o o• o N - � ° 201.67' z.o' - - 67,67 134.0' N � „� N 132.Q' �• 13 .0 F7777 71 134.V . 1 in= 0.02mi 1in =80 ft Rq ERR1T AVE The City of Oshkosh creates and malnta'ns GIS maps and data for its own use. They may sham the approximate relative location of property, boundafPes and other feature from a variety of sources. Printing pale: 2/1/2013 O,%H��J H 'these map(sydatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS' without prepared by: City of Oshkosh, WI ON 7HE WATER warranties of any kind and the City of Oassumes shkosh a nor liability for use or misuse. J:1G €SVIlanningn2n Comm sc on Site ?Ian mAapTemp!ate%Pian Commission site Man flap Temp!a!e.mad User; deborahf 11 J:1Gl51P[annvglFlan Cwroilssion"Ran /dap TemoaleTlan Cofrnn?ssmn Site Plan h!ap Temp?ate,mxd N t in= 0,19mi 9 in = 9,000 ft Prinfing Date: 2/9/2013 Prepared by: City of Oshkosh, Wi Q,IHKQIH ON THE WATER I i—' K. -hf 12 The City of Oshkosh creates and ma -nta ns GIS maps and data for its o in use. They may shuv the approximate native bcaUw of property, boundaries and other feature from a variety of sources. These map(sydatasets are protitded for information purposes only and may not be sufficient or approprfato for legal, engineering, or surveying purposes. They are proMed WNS° without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. COT-mission Si,e Flan /.Sap TemWa,elP;an Commission Sit? Plan Asap Temp ?ateswd u 1 in = 0.02 mi 1 in = 80 ft Printing Date: 2/112013 Prepared by: City of Oshkosh, WI OYHKOlH ON THE WATER 13