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HomeMy WebLinkAbout06. 13-253MAY 28, 2013 13 -253 RESOLUTION (CARRIED 5 -1 P LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND CONDITIONAL USE PERMIT USE AT WINNEBAGO COUNTY RACE TRACK TO EXTEND CURFEW FOR MOTORSPORT RACING EVENTS / 500 EAST COUNTY ROAD Y INITIATED BY: WINNEBAGO COUNTY PLAN COMMISSION RECOMMENDATION: Approved w /conditions WHEREAS, the Common Council previously granted a conditional use permit for a land based outdoor motor vehicle race track, including motorsport /stock car racing at the Winnebago County Fairgrounds, with conditions; and WHEREAS, one of the conditions of approval was that no races be held after 10:30 pm; and WHEREAS, the petitioner desires to extend the hours of operation until 11:00 pm for motorsport racing events at the Winnebago County Sunnyview Exposition Center. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the conditional use permit for a land based outdoor motor vehicle race track at the Winnebago County Sunnyview Exposition Center at 500 E. County Rd. Y, is hereby amended to extend the hours of operation for racing events until 11:00 pm per the attached, and with the following conditions. All other conditions of approval shall remain enforce. 1) Motorsport operating time for racing events shall cease at 11:00 pm through the 2013 racing season. 2) Winnebago County Parks Department shall install a video monitoring system to document racing event curfew compliance. 3) Documented curfew violations shall result in re- review of the conditional use permit for consideration of additional conditions or possible revocation of said conditional use permit. QIHK0f H ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: May 23, 2013 RE: Amend Conditional Use Permit at Winnebago County Race Track to Extend Curfew for Motorsport Racing Events (Plan Commission recommends approval) BACKGROUND The subject property contains a racetrack located at the Sunnyview Exposition Center. Over the years, various CUPs have been granted for racing events at the facility starting in 1994, 2000, and most recently in 2008. The most recent conditions applicable to the facility include one condition that restricts motor sports events from being held after 10:30 pm. Winnebago County is requesting an amendment to the conditional use permit that governs these events to extend the curfew time by 30 minutes from 10:30 pm to 11:00 pm. ANALYSIS The motorsports events initially started at 6:30 pm, but in order to better accommodate spectators and drivers, the starting time was moved back to 7:00 pm which, according to the promoter, was more successful. However by delaying the starting time by one half hour, the promoters have found that due to circumstances beyond their control such as rain delays, track grooming, and crash delays, the race events sometimes extend beyond the 10:30 curfew. The promoters have indicated to the County that they make every attempt to keep the races within the original timeframe; however they are requesting the amendment to allow them to operate comfortably within the curfew time without jeopardizing their long term operations at the track or their conditional use permit. The Winnebago County Parks and Recreation Committee has approved the curfew extension and granting of this amendment will not impact any of the other previously placed conditions which will remain in effect until the CUP expiration in 2018. Two additional conditions are being recommended to require a video monitoring system to document racing event curfew compliance with documented violations resulting in re- review of the conditional use permit for consideration of additional conditions or possible revocation of the conditional use permit. The condition to allow the event to cease at 11:00 was revised to apply to only the 2013 season as the County is in the process of renegotiating a new contract for 2014 at which time it would revert back to the 10:30 curfew. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its May 21, 2013 meeting. Approved, City anager This item was laid over from the May 7th Plan Commission meeting with no changes made to the original staff report other than to add additional recommended conditions based on comments made at the May T h meeting and to add an additional attachment of the City's Noise Ordinance from the Municipal Code. ITEM: CONDITIONAL USE PERMIT AMENDMENT (RACETRACK USE) 500 E. COUNTY ROAD Y -. Plan Commission meetings of May 7, 2013 & May 21, 2013 GENERAL INFORMATION Applicant: Robert Way, Winnebago County Parks Department Property Owner: Winnebago County Action(s) Requested: Winnebago County is requesting a minor amendment to the conditional use permit (CUP) that governs motorsport racing events at the Winnebago County Exposition Center at 500 E. County Road Y. The County is requesting to amend a condition that currently curfews events at 10:30 pm and extend that time by 30 minutes for an 11:00 pm curfew. Applicable Ordinance Provisions: Standards imposed on Conditional Use Permits are located in Section 30 -11 (D) of the Zoning Ordinance. Property Location and Background Information: The subject property contains a racetrack located at the Sunnyview Exposition Center. Over the years, various CUPs have been granted for racing events at the facility starting in 1994, 2000, and most recently in 2008. The most recent conditions applicable to the facility include the following: 1. No motor sport event shall be held after 10:30 PM. (condition under review) 2. Measures are taken to control dust before and after events. 3. The sponsors of each event provide, at their expense, security personnel as recommended by the City of Oshkosh Chief of Police. 4. The sponsors of each event provide, at their expense, any other additional emergency services necessary to operate a safe event for participants and spectators. 5. All motorized machines or vehicles participating in any event shall be equipped with appropriate mufflers to suppress sound to meet City of Oshkosh Noise Ordinance limitations. 6. The conditional use permit is valid for ten (10) years from its date of approval by the Common Council. Subiect Site Exisfin Land Use _ Zonin . . Institutional ( Sunnyview Exposition Center M -3 Item -CUP IYC Racetrack Rrnendluf Adiaeent Lattd Use and Lonin COmnrehensive Plan La>7d Use Recommendation = .......................... . ......................... Use Ca . egory '' 10 Year Land Use Recommendation Public Institutional 20 Year Land Use Recommendation Public Institutional Analysis: Impact Motorspotts LLC currently promotes and operates motorsport events at the racetrack. The events initially started at 6:30 pin but in order to better accommodate spectators and drivers the starting time was moved back to 7:00 pm, which has been more successful. Unfortunately by moving the time back one half hour, the promoters have found that on rare occasions that circumstances occur beyond their control that sometimes extend race events slightly beyond the 10:30 curfew. The circumstances include: 1. Rain delays. 2. Race track grooming after any moderate rainfall taking place during a race. 3. Crash delays, especially if extra clean up is required. The promoters have indicated to the County that they do make every attempt to keep the races to between 3 to 3 '/z hours and will continue to do so but are requesting this amendment to allow them to operate comfortably within that timeframe without jeopardizing their long term operations at the track or their conditional use permit. The Winnebago County Parks and Recreation Committee has approved. this request to extend the curfew for racing time until 11:00 pin. In preparing this staff report, Police, Fire, and Health have been contacted and no one expressed any concerns regarding the operation or recommended any additional conditions. The granting of this amendment does not impact any of the other previously placed conditions which remain in effect until the CUP expires in 2018. RECOMMENDATION /CONDITIONS Staff recommends the request for an amendment to the Conditional Use Permit for motor sports events at the Winnebago County Sunnyview Exposition Center be granted with the following conditions: 1) Motorsport operating time for racing events shall cease at 11:00 pm. 2) Winnebago County Parks Department shall install video monitoring system to document racing event curfew compliance. 3) Documented curfew violations shall result in re- review of the conditional use permit for consideration of additional conditions or possible revocation of said conditional use pen The Plan Commission approved of the amendment to the Conditional Use Permit as requested with conditions noted. The following is the Plan Commission's discussion on this item. Ma P 7 2013 PLAN COMMISSION MINUTES Mr. Burich presented the item and reviewed the site and surrounding area and discussed the previously approved conditional use permit for the race track use. He stated that one of the conditions placed on the conditional use permit was that the event was limited to not exceed the 10:3 0 pm curfew. The petitioner was requesting to 11etn -CUP WC Racetrack Alnendinl extend the curfew time to 11:00 pm as they had to exceed the curfew on a few occasions last year due to circumstances beyond their control. Mr. Thorns questioned how many times the curfew was exceeded Iast year and if we received complaints about the issue. Mr. Burich responded that according to the promoter it was exceeded twice last year and no complaints were received by the City Planning office regarding the matter and wasn't aware if any other departments received complaints. Mr. Hinz questioned if other events in the city have an 11:00 pm curfew as well. Mr. Burich replied that it varies depending on the event. The decibel levels at the property lines is the issue as the noise ordinance for the city cannot be exceeded after 10:00 pm. The event continuing after 10:00 pm is not a violation if the decibel levels are within acceptable levels. Ms. Lohry questioned if races are only held on Friday nights at this venue. Mr. Burich indicated that races were held on Friday nights and possibly Tuesday nights. Carol Kaufmann, 2677 Indian Point Road, adjacent to the subject site, stated that the races held recently continued until 11:30 pm and she called the Sheriff's Department regarding the matter. She was questioning who was responsible to enforce the noise ordinance and felt that it was very loud for that late at night. She further commented that she spoke with other neighbors regarding the issue and she had a resident as far away as Island View Drive that could hear it that night. The decibel levels are terribly loud for adjacent property owners and she questioned how the noise levels are tested. She further commented that most people do not know who to call about the matter and that the race events exceeded the time limit of 10:30 pm more than twice last year. She felt the time limit for the event should be reasonable and eight other neighbors agreed with her that 10:30 is late enough. Mr. Burich stated that Robert Way and Winnebago County Parks Department staff would be the first parties to contact regarding these complaints however at 11:00 pm at night, the Oshkosh Police Department would be the ones responding to noise complaints. He further stated that he would have to check with the Police Department to see if they have decibel readers to verify the noise levels at the property lines. He recalled that there were concerns with noise issues when the racing events initially commenced at this site and efforts were made to mitigate these issues at that time. William Rupnow, 190 E. County Road Y, also stated that the recent race event continued until 11 :30 pm and he also had concerns with extending the hours of operation beyond the 10:30 curfew. Mr. Thorns inquired how we ensure that conditions placed on a conditional use permit are being met. Mr. Burich responded that aesthetic issues are easy to address by simply viewing the subject site for required landscaping, etc. however noise complaints are harder to ascertain unless citizen complaints are received and investigated. Ms. Lohry stated that she would not support this request without further investigation such as having staff verify the noise levels at the site. Mr. Hinz inquired if the condition implies that they cannot start a race at 10:30 or if it means that they cannot complete a race that has already been in progress prior to the curfew. Mr. Burich responded that he would not expect an almost done race to be ceased at curfew that was already under way and if the noise ordinance was being enforced properly, there would be no violation even if it continued after the curfew. Item -CUP WC Pacelrack Amexdnd 3 Ms. Propp commented that races are going on past the 10:30 curfew according to the neighbors and she would not support the amendment if they are already exceeding their time limit. The promoter for the race events stated that he has a contract with Winnebago County which states that the curfew for the events is 11:00 pm and this contract has been in effect for the past two years. He further stated that they have exceeded the curfew occasionally due to rain or other circumstances that were not controllable and expanded on some of these circumstances that delay the events. He commented that they were not asking to exceed the curfew on a weekly basis just when circumstances require it to complete the events and he has a decibel reading meter and distributed copies to the Commission of the readings taken on August T last year at numerous locations in the area during the races and all the readings were well within acceptable levels. Ms. Propp questioned if the recent race event lasted until 11:30 pm as neighbors claimed. The promoter indicated that the race event did exceed the time limit but should not happen again. He also commented that some of the noise issues are dependent on wind direction as far as the noise carrying. Ms. Lohry inquired what could be done to alleviate exceeding the event curfew. The promoter responded that all the drivers have to be registered and drawn for placement in the event and the first event of this year had more drivers than anticipated which created the delay. Mr. Vajgrt questioned if the event did not have the ability to pre- register the participants. The promoter replied that was possible but not with all the classes that participate in the events as some allow drop -in registration prior to the race. He also provided a list to the Commission of other race tracks in other communities in Wisconsin and the majority of the curfew times were 11:00 pm or later. Mr. Vajgrt inquired where the other tracks referenced in this document were located. The promoter indicated most of these tracks are located within the city limits or just outside of them. The asphalt tracks have no curfew whatsoever and the mufflers on the vehicles are required and monitored for compliance. Ms. Lohry stated that she felt an amendment should be included that staff would monitor the noise levels at the events. Ms. Propp commented that she felt the administration of the events sounds rather sloppy and that they could meet the curfew limitations if necessary. Mr. Hinz stated that if there is a 10:30 pm curfew for these events, violations should be reported to the authorities if exceeded so the violations could be appropriately documented. Mr. Burich indicated that there is already a condition requiring appropriate mufflers on the vehicles to suppress sound and meet the City's Noise Ordinance limitations. Mr. Bowen commented that the City does not have a motor sports inspector on staff so condition 95 regarding the mufflers and meeting the noise levels of the ordinance is not enforceable however if the noise levels are not in violation of the ordinance, there is no issue with extending the curfew time. Mr. Burich stated that the 10:30 curfew time is in the conditions and even if they are not violating the noise ordinance, they should not be exceeding the curfew. Mr. Bowen stated that he felt we do not need to extend the curfew time but we need to enforce the noise ordinance. Mr. Burich questioned if the Oshkosh Police Department was present during the racing events. Item -CUP WC Racetrack Amendmt The promoter responded that they were not present at events just the ambulance and fire services personnel. Mr. Thoms commented that the curfew time of 10:30 or 11:00 pm was the issue of the amendment request and the curfew time should have been set at 11:00 pin if that was what the County's and promoter's contract stated. Other tracks operating longer than this one puts this track at a disadvantage and the wind direction during events is not a controllable factor. He would like to make the conditional use permit conditions so the events could meet the requirements however if they are not abiding by it, the conditional use permit should be revoked. He was inclined to allow them to operate up to 11:00 pm as their contract states. Mr. Hinz suggested an amendment to the conditional use permit that races would be required to end at 11:00 pm. Mr. Cummings inquired how many races are held in the evening and what is the length of each race. The promoter responded that there are five divisions with approximately 120 vehicles and that they are completed before 10:30 on most nights. They have only held one race event thus far this year and they are not anticipating that many vehicles in upcoming events. Mr. Fojtik commented that this does not appear to be a question of appropriate conditions but enforcement and the Commission could vote to lay the item over so it could be fiirther researched. Mr. Bowen questioned if the request was laid over, what could be accomplished by it. Mr. Burich replied that Robert Way from Winnebago County was not present today and he felt it would be helpful to hear from him regarding the conditions placed on the request and if they are being appropriately enforced. Mr. Bowen stated that if the request was laid over, it may give staff time to research the contract in place between the promoters and Winnebago County which we are not a party to but the promoter has indicated that the end time of said contract is 11:00 pm. Mr. Thorns commented that the noise ordinance appears to be the issue and if it is not being enforced it is not the fault of the promoter. Winnebago County staff could better inform the Plan Commission of the details and some verification if the noise ordinance is being exceeded should be performed. Motion by Propp to lay over a conditional use permit amendment for the racetrack use at 500 E. County Road Yuntil the nest meeting. Seconded by TVajgrt. Motion carried 7 -1. ( Ayes- Botiven/ThomslHinz/Camurtings /Propp /Lohry/ Vajgrt. Nays- Fojtik.) Ma 21.2013 PLAN COMMISSION MINUTES Mr. Burich presented the item and stated that racing events have been held at this facility since 1994 with the current conditional use permit not expiring until 2018. At the last meeting the Commission heard discussion from neighboring property owners regarding the noise issues which after further investigation he verified that the noise ordinance for the city is enforced by the Oshkosh Police Department. He further commented that the enforcement of the noise ordinance can be difficult as conditions such as wind can affect decibel readings. Winnebago County's request to extend the curfew for the events from 10:30 until 11:00 is the issue and lie has discussed it with Robert Way from the Winnebago County Parks Department and is recommending approval of the time extension and reviewed the additional three conditions recommended to be added to this request. He commented that the installation of a video monitoring system to document racing event curfew compliance should enable the city to monitor when events are ending at the facility. Item -CUP WC RacetrackAmendtmt Mr. Thoms requested clarification of condition #I stating that events shall cease at 11:00 pm. He questioned if this meant that everyone has to be gone by 11:00 pin or if this meant that the races would end at 11:00 pm regardless if they are finished or not. Mr. Burich responded that the condition meant that the racing events would have to shut down at 11:00 pm regardless whether the event was finished or not. Ms. Lohry questioned condition #2 requiring video monitoring to document racing event curfew compliance and who outside of the area would be handling the monitoring of the curfew compliance. Mr. Burich replied that if the city would receive complaints about curfew violations, staff would be contacting Rob Way from the Winnebago County Parks Department to verify at what time the event was finished. Patricia Diener stated that she attended the races last week and the event ended at 10:35 pm. She commented that it was a family event that citizens take their children to and she felt that we should not take events such as this away from the community. Jeff Lemiesz, 2230 Plymouth Street, stated that he was the promoter for the racing events and was hoping that the Plan Commission would move forward with this item today. He stated that they would only be continuing the events past 10:30 pm if unusual circumstances occurred delaying the event. The 11:00 pm curfew will not be used on a regular basis as most attendees bring their children and their attention span is too short for long events. He stated that the City ambulance crew is on site during the events and could provide information regarding when the races ceased as they have to document when they are on and off duty for any services as this would save the County some money as far as the costs to install the video monitoring equipment. He further stated that he did decibel readings last Friday at several locations however the noise ordinance is hard to interpret with the effects of wind. Mr. Hinz inquired what the scheduled length of time was for the final racing event of the evening. Mr. Lemiesz responded that the last event is 20 minutes or 20 laps whichever came first but that this could be adjusted if necessary.. They look at the time frame left and adjust the schedule accordingly to finish within their curfew. Mr. Thorns questioned if he had any issues with the first condition of not operating past 11:00 pin. Mr. Lemiesz responded negatively and stated that there is a time limit on all heats which can be adjusted as necessary as well as the B main features and final race. Gerald Frey, Island View Drive, questioned what time the races started. Mr. Lemiesz responded that they started at 7:00 pin. Mr. Frey commented that the races should be started earlier in the evening and suggested 6:00 pin for a start time. He further commented that the residents near the race track complain about bad management of the races and if they would start the event at 6:00 pin it could be ended by 10:00 pm. Jim Erdman, 2492 Hickory Lane, stated that lie used to enjoy the races and that they used to be located at the fairgrounds on Murdock Avenue and they should have moved the racetrack farther out so the noise was not an issue. The other option would be to start the races earlier so they would end earlier in the evening as he has received numerous complaints from Town of Oshkosh residents. He felt the document should be gone over and if the track is kept where it currently exists, limit the racing events. He felt the noise from the races was more disturbing than a plane or train as it is an ongoing noise. Robert Way, Winnebago County Parks Department, apologized for not being able to attend the last meeting due to conflicts in his schedule and stated that he only received two complaints last season from the same individual but that residents could contact him with issues regarding the racetrack use. The renewal of the contract Itenr -CUP 6YC Racetrack Amendmi 6 between the racing promoter and Winnebago County is coming up in 2014 and he stated that they would be willing to stick with the restriction of ending events at 10:30 pm. They have a complaint mechanism in place with Winnebago County and the cut off for alcohol sales would be 10:30 and will be included in the new contract as a provision. He commented that the curfew has been violated occasionally but they have every intention of abiding by the City's conditional use permit requirements. Ms. Propp stated that the City's conditional use permit requirements should come first and questioned if this amendment is approved, would ceasing racing events at 11:00 pm be included in the new contract. Mr. Way responded affirmatively and added that a lot of other provisions would be included as well. Mr. Borsuk commented that if the current contract expires at the end of 2013, possibly the conditional use permit could be correlated to expire at the same time as the new contract and questioned the period of time that the new contract was to cover. Mr. Way responded that the new contract would be for a five year period. Mr. Burich stated that the current conditional use permit is in effect until 2018. Ms. Lohry questioned how many video monitoring systems would be necessary to document the racing event times and at what cost. Mr. Way replied that there would only be one system and he estimated the costs at $400 for the purchase of the system and some additional expenses for the wiring costs which could increase the expense to approximately $800. Ms. Lohry then questioned if the suggestion to have the ambulance personnel document the time they were present a feasible solution to installing the video monitoring system. Mr. Way responded that he was not sure about that as it is the City's requirement that the emergency personnel be present during the event. Mr. Hinz inquired if it was possible to have the Oshkosh Fire Department personnel document the times they left the event. Mr. Vajgrt responded that the Fire Department personnel were required to document at what time they arrive at a scene and at what time they left. Mr. Hinz questioned whether this documentation could be used instead of installing the video monitoring system required in the new conditions. Mr. Vajgrt replied that the Fire Department is still on duty for the City and if called out for another emergency situation, they may have to leave the racetrack to address another issue. Carol Kaufmann, 2677 Indian Point Road, commented a Ms. Diener had mentioned that the racing events were a good opportunity for youths in the community to participate in and she felt that this issue is the difference between the events ending at 10:30 pm or 11:00 pm which she thought was rather late for small children. She further commented that the racing event last week was not completed until 10:35 pm so they exceeded their curfew by five minutes which she felt was inappropriate since this issue was just discussed at the last meeting. She also stated that she called other cities regarding the time that their racing events ceased and found that other cities started their events earlier. She had contacted the Sheriff's Department a few weeks ago regarding the noise issue after 10:30 and felt that they have put up with enough with events such as Country USA, a fireworks display show, and the racing events and would not like to see the time limit extended. She commented on the current technical capabilities and felt that the video monitoring system could be installed at a cheaper cost than $400 to $800. She also stated that the decibel readings taken were performed on the south and west sides of the site and she felt that the properties to the north and east of the site suffered more from the effects. Pein -CUP WC Racetrack Alendial 7 Skip Zacher, Island View Drive, agreed with the other town residents regarding the noise levels and lateness of the event and stated that he built berms by his housing development and the racetrack has berms as well however to start the events earlier and end them earlier would be more ideal. Mr. Bowen suggested that the conditional use permit run contiguous with the Winnebago County contract with the racetrack promoter as a ten year conditional use permit for something this controversial may not be a good plan. If the County enters into a three year contract, promoters could change as well as other provisions. He suggested that condition #3 could be replaced with a condition for the renewal of the conditional use permit at the time of the contract renewal. Mr. Burich responded that this approach would pull the City into the contract negotiations with the promoter and the County however it would be possible to renew the contract on a 3 -10 year basis with the conditional use permit running consecutively. Mr. Way stated that he did not see any conflicts with this and the issues could be worked out as the new contracts are worked on about a year ahead of the current expiration. Mr. Bowen commented that it would be more administratively burdensome to handle it in this fashion. Mr. Burich stated that he felt the conditions recommended for this request were appropriate but enforcement can be the issue. Mr. Thorns suggested that we could add a fourth condition and leave condition #3 for re- review or revocation of the conditional use permit if curfew violations were occurring. The fourth condition could address changes to the conditional use permit when the contract is renewed. Mr. Burich indicated that the contract does not dictate the conditional use permit requirements and in this case it is issues regarding performance such as the noise issues. The conditional use permit requirements override any stipulations in the County's contract with the promoter. Mr. Hinz commented that the conflict was not created by Winnebago County. Ms. Lohry stated that she did not feel that we have the authority to require the Fire Department to document the racetrack ending times and that the video monitoring system should be installed as recommended in the conditions. She further stated that we want the racetrack at this facility and for the sake of a long term agreement starting at 6:00 pm and ending at 10:00 might be a better solution. Ms. Propp commented that we should not be micro - managing Winnebago County's contract with the promoter and trying to process the conditional use permit at the same titne of the contract renewal was not necessary. She felt the races should end at 10:30 and the video monitoring to ensure they have ceased by 11:00 was a good idea. Mr. Borsuk commented that the conditional use permit continuing with a transfer to a new promoter could cause issues. He felt that linking Winnebago County's contract to the conditional use pert could be helpful and he would not have a problem with adding a condition to require this. Mr. Bowen stated that he did not want to dictate terms of the contract to Winnebago County when they are entering into it with the promoter however a ten year conditional use permit was a long time as it does not give people a chance to address issues. He suggested amending condition #3 with a renewal requirement on the conditional use permit based on the renewal of the contract. Mr. Burich suggested that considering the current racing contract between Winnebago County and the promoter expires at the end of the 2013 season, condition #1 could be amended to be "Motorsport operating time for racing events shall cease at 11 :00 pm through the 2013 racing season." This approach would allow the condition to revert back to the 10:30 pm time for 2014 and the video monitoring system can determine if the curfew was violated this past season. This would also give staff more time to further explore the situation and Item -CUP JVC Racetrack.4mendnnt 8 whether alternative conditions could be explored. Mr. Fojtik questioned who has the authority to move the starting time back to 6:00 pm for the racing events. Mr. Burich responded that the starting time adjustment is determined by the promoter and Winnebago County. Motion by Hinz to amend condition #1 to include that the operating time for racing events shall cease at 11: 00 pm through the 2013 season. Seconded by Bowen. Ms. Lohry questioned what the process would be after the 2013 racing season. Mr. Burich responded that the curfew time would revert back to 10:30 pm. Motion carried 8 -0. Motion by Bowen to approve the conditional use permit amendment for racetrack use at 500 E. County Road Ywith the following conditions: 1) Motorsport operating time far racing events shall cease at 11:00 pin through the 2013 racing season. 2) Winnebago County Parks Departnient shall install video monitoring system to document racing event curfew compliance. 3) Documented curfew violations shall result in re- review of the conditional use permit for consideration of additional conditions orpossible revocation ofsaid conditional use permit. Seconded by Thoms. Motion carried 8 -0. heat -CUP {VC Raceirack .4mendml SECTION 17 -42 EXCESSIVE NOISE (Revised 517192) (1) Scope and Enforcement This section shall apply to the control of all noise originating within the limits of the City. It is the policy of the City of Oshkosh to comply with the noise limitations, as set forth in this section, in all of its own operations and the operations of its contractors and subcontractors. (2) Definitions As used in this section: (a) "Ambient noise" means the all encompassing background noise associated with a given environment, being usually a composite of sounds from many sources near and far. (b) "A- weighted sound level" or "A -Scale level" mean the sound pressure level in decibels as measured on a sound level meter using the A- weighting network. The level so read is designated dB (A) or dBA. (c) "Commercial district" means any area of the city designated on the official Oshkosh Zoning Map, pursuant to Chapter 30 of this Code, as a Business District or Commercial District or as classified as C-1, C -2, C -3, or C -4. (d) "Day" means the hours between 7:00 a.m. and 10:00 p.m. (e) "Decibel (dB)" means a standard unit of sound pressure level. (f) 'Industrial district" means any area of the City designated on the official Oshkosh Zoning Map, pursuant to Chapter 30 of this Code, as a Light Industrial, or Heavy Industrial District, or classified as M -1, M -2, or M -3, (g) 'Impulsive sound" means a single sound pressure peak or a series'of single bursts of short duration, usually less than one second. (h) "Night" means the hours between 10:00 p.m. and 7:00 a.m. (1) "Person" means any individual, firm, partnership, or corporation. {j) "Pure tone" means a steady sound without overtones. (k) 'Real property boundary" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra - building real property division. (1) "Residential district" means any area of the City designated on the official Oshkosh Zoning map, pursuant to Chapter 30 of this Code, as Single - Family, Two - Family, or Multiple Dwelling Districts, or R -1, R -2, R -3, R -4, R -5 or Agricultural (Ag). (m) "Sound level meter" means an instrument which includes microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. (3) Noise Limitations The A -scale level from any noise source or combined noise sources on any parcel located in the City of Oshkosh shall not exceed the following levels at the Real Property Boundary: Maximum Sound Pressure Levels (dB) along District Boundaries: Residential Commercial /Industrial A -scale levels 55 dBA 62 dBA Maximum sound pressure levels shall be decreased by five dB if the subject noise consists primarily of a pure tone or if it is impulsive in character. Readings shall be taken in such a manner to minimize or eliminate the effects of ambient noise upon the readings taken, If a correction is made for ambient noise in the readings, such correction shall be noted. (4) Public Nuisance Excessive noise as defined in this section, is hereby deemed and declared to be a public nuisance and may be subject to summary abatement procedures, as provided in this Code. Such abatement shall be in addition to administrative proceedings, forfeitures, and penalties provided in this section. (5) Prohibited Acts No person shall make, produce, allow or cause to be produced any noise which exceeds the noise limitations as set forth in this section. (6) Noise Exemptions The noise limitations as set forth in sub - section (3)(a) shall not apply to the following: (a) Non- cornmercial public speaking and public assembly activities conducted on any public property. (b) Construction sites, public utilities, and public works operations during any day, from Monday through Saturday, inclusive; provided, however, that the sound level at or across a real property boundary shall not exceed 86 dBa. (c) Emergency short term operations which are necessary to protect the public health, safety and welfare of the citizens, including emergency utility and public works operations. (d) Any noise emitted from emergency warning devices and unregulated safety relief valves. (e) Loading or unloading operations or .other handling of boxes, crates, containers, building materials, garbage cans, or similar objects during any day. (f) Stationary bells, chimes, sirens, whistles, or similar devices, intended primarily for emergency purposes, except industrial whistles; provided, however, that no such device shall be sounded more than five minutes in any hourly period, nor a total of 30 minutes in any twenty -four hour period. Church bells, chimes and carillons may be rung at any time. (g) Domestic power tools, including any mechanically powered sander, lawn or garden tool, snow thrower, or similar device used during any day. (h) Industrial whistles, provided that the sounding of any such whistle is to give notice of the time to begin or stop work or as a warning of fire, danger, or upon request of proper city authorities. (i) The sounding of any horn on a railroad train or locomotive on a main line railroad track, provided that any such sounding is required by state law or reasonably required to avoid an impending accident. Q) Parades duly permitted pursuant to Chapter 5 of this code. (k) Aircraft operations. (1) Noise created by human behavior and generally considered to be disorderly conduct which is regulated under Section 17 -1 of this code. (m) Barking dogs, including kennels, shall be regulated under Chapter 6 of the Oshkosh Municipal Code. (7) Places of Public Entertainment No person shall operate, play, or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device or any combination thereof, which produces, reproduces, or amplifies sound in any place of public entertainment at a sound level greater than 100 dBa as read by the slow response on a sound level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign which is at least 225 square inches in area is placed outside such place, near each public entrance, stating: "WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT." (S) Variances Temporary variances from the terms of this section may be requested by written request from the City Council. Variances exceeding two years may be granted only in exceptional cases, including those for which, control technology is unavailable or available only at a prohibitive cost. (a) Application Application for a variance under this sub - section shall be made in writing and filed with the City Clerk who shall place the variance request upon the Common Council agenda for their next regular meeting if the request is received at least five (5) business days prior to such meeting. If the request is received less than five (5) business days prior to the next regular Council meeting, the request shall be placed on the second meeting following the submission of the request. The request shall specify the grounds upon which the variance is sought and the date by which the source of any excess noise or vibration for which the variance is lC�_ sought shall be brought into compliance with this section. An application for a variance shall be considered timely made if filed within thirty (30) days following due notification that it is in violation of this section. The proper filing of an application within such time shall stay the enforcement of any such violation until a final decision has been issued by the Council. (b) Review The Common Council may grant a temporary variance to the requirements set forth in this section, if the Council determines circumstances exist which would make immediate compliance with the noise or vibration limitations as set forth in this section result in unnecessary hardship to the applicant. In making the determination, the Council shall consider: (1) the hardship to the applicant, the community, and other persons of not granting the variance; (2) the adverse impact on health, safety, and welfare of persons owning, residing, or occupying property in the surrounding area and the public in general; (3) the adverse effect on surrounding property; (4) whether the circumstance, hardship, or situation to be addressed by the proposed variance is unique, and not applicable generally to other circumstances; (5) whether the person or entity seeking the variance is otherwise in compliance with all applicable ordinances, regulations and statutes; (6) and any other adverse impacts of granting the variance. The Common Council may require the applicant to submit additional information not contained in the application which may be necessary for making a determination under this - subsection. (c) Decision upon Variance. The Council may approve, approve subject to conditions, or deny, in whole or in part, a variance under such conditions as are necessary to protect the public health, safety, and welfare, including a schedule for achieving compliance with noise limitations. (d) Non - compliance. Non - compliance with any conditions imposed on the variance shall terminate the variance and subject the person holding it to those provisions of this section for which the variance was granted. (e) E=xtension and Modification Application for extension of time limits or modification of other conditions specified in the variance shall be treated like applications for an initial variance. {f) Legal Recourse. Any applicant aggrieved by the decision of Common Council or any person so aggrieved may seek such other legal relief as may be available /3 0 o HQf_H ON 1NE WATER APPLICANT INFORMATION City of Oshkosh General Application * *PLEASE TYPE OR PRINT USIIYG BLACK INK ** Petitioner: Winnebago County Parks Department Petitioner's Address: 625 E. County Rd. Y - cit y: Oshkosh Telephone #: (920 ) 232 -1960 Status of Petitioner (Please Petitioner's Signature (required): OWNER INFORMATION Owner(s): Winnebago County Owner(s) Address: 112 Otter Street SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236 -5059 Date: 3125113 State: WI Zip 54901 Other Contact # or Email: r @co.winnebago.w1.us ❑ Prospective Buyer city: Oshkosh Telephone #: ( 920 ) 232 - 3450 Fax:( 920) 490 - 4996 Date: 3125113 Date: 3125113 State: WI Zip 54901 Other Contact # or Email: mharris @co.winnebago.wi.us Ownership Status (Please Check): ❑lndividual ❑Trust ❑Partnership ❑J 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: J � &1ffA'W1060 C�VWTY t✓XC- GcJ7V0 Date: TYPE OF RE UEST: Access Control Variance Easement Privilege in Street (identify) Other (identify) The coun is requesting a CUP amendment for the hours of racetrack operation. [u %1 ori'��nittl[ (Js�Per f woeld C�dnk "nve- 40 �w',3c fAoal- a —ke sa_ es -�to Q 70c p. m . . SITE INFORMATION Address/Location of Proposed Project: 500 E. Cnty. Rd. Y, Oshkosh WI Fax: ( 920) 424 -1277 Proposed Project Type: The county is requesting a CUP amendment for the hours of racetrack operation (extending hours from 10:30 p.m. to 11 p.m.). Current Use of Property: The Sunnyview Exposition Center Racet venue facllitatos motorsports event programming. Zoning: M =3 Land Uses Surrounding Your Site: North: Agricultural (crop land) South: A municipal park setting (270 acres) East: Agricultural (cropland) West: Combined agricultural and wooded areas ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. ➢ PIease refer to the fee schedule for appropriate fee. FEE IS NON- REFUNDABLE For more information please visit the City's website at wwxv.ci.oshkosh.wi.us/Conununity Staff Date Ree'd 4 q-1 WINNEBAGO COUNTY CUP AMENDMENT REQUEST The two racetrack promoters, in this case recognized collectively as Impact Motorsports LLC, have asked Winnebago County for its approval in adjusting the curfew time for motorsports events taking place at the Sunnyview Exposition Center racetrack. Winnebago County has elected to endorse the promoters' request and is subsequently asking for the City of Oshkosh's consideration in approving an amendment to the racetrack Conditional Use Permit (CUP) reflecting a change in the curfew time from 10:30 p.m. to 11:00 p.m.. In providing background information concerning this matter, be aware that the promoters formally began their event at 6:30 p.m. but found that the spectators and drivers had difficulty in accommodating the early evening start time. They subsequently moved the event time to 7 p.m. and had better success. Unfortunately, by moving the start time to 7:00 p.m. the promoters found that on rare occasions it was difficult to finish by the 10:30 p.m. curfew. The promoters have indicated to the County that they make every attempt to keep the length of their shows down to 3 to 3 112 hours however extenuating circumstances sometimes come into play that prevents them from doing so. These circumstances include: 1. Rain that may either prolong the start of an event or delay the running of an event 2. For safety reasons, grooming of the track must be performed following any moderate rain fall that happens to take place while races are going on 3. Involvement in a crash episode may extend the length of the event especially if extra clean up is required. In reference to the 2012 race season, the promoters state that they went past the curfew twice due to weather or other issues. On both occasions they indicate that they ran until around 10:45 p.m.. Winnebago County received only one complaint last year in connection with these occurrences. Finally, the promoters understand that if the time extension is granted they will still be required to end beer and wine sales by 10:30 p.m.. This is also what the Oshkosh Chief of Police suggested. Thank you for your consideration in this matter. Sincerely, Robert Way Winnebago County Parks Director /7 CUP AMENDMT- RACETRACK KOSSEL FAMILY LIMITED PARTNERSHIP CAROL J KAUFMANN TST 500 E CTY RD Y 5143 JACKSON ST 2653 INDIAN POINT RD PC: 05 -21 -13 OSHKOSH WI 54901 0000 OSHKOSH WI 54901 0000 RUSCH, THOMAS N GABERT, RICHARD L PO Box 3808 OSHKOSH WI 54903 3808 TOWN OF OSHKOSH 230 E COUNTY RD Y OSHKOSH WI 54901 0000 RUPNOW, MARY /WILLIAM 190 E COUNTY RD Y OSHKOSH WI 54901 0000 WINNEBAGO COUNTY PO BOX 2808 OSHKOSH WI 54903 2808 WALTER, KENNETH W WALTER, MARY ANN 5275 CHANNEL VIEW DR OSHKOSH WI 54901 0000 NETZER, BERNADETTE M 770 E COUNTY RD Y OSHKOSH WI 54901 0000 WINNEBAGO CTY PARKS DEPT ATTN ROBERT WAY 625 E CTY RD Y OSHKOSH WI 54901 OSHKOSH COMMUNITY YMCA 324 E SUNNYVIEW RD OSHKOSH WI 54901 0000 N tin= 0.11mi A , 1 in = 600 ft The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature atom a variety of sources. These map(sudalasets 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 warranties of any kind and the City of Oshkosh assumes no liabltiiy for use or misuse. Plan Man TamnlaWPlan Comnussion Site Plan Mao Printing Date: 4/10/2013 Prepared by: City of Oshkosh, WI 0 Q.IHK41H ON THE WATER User. debora 1 l Mum, I� a� fhe City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the 3ppropmate relative focaGon of property, boundaries and other feature from a variety of sources. Printing Date: 4/10/2013 O,f HI�Of H these map (s)ldatasets. are provided for information purposes only and may not be sufficient or 3ppropriato for fegal, engineering, or surveying purposes. They are provided "A5 -15" without Prepared by: City of Oshkosh WI ON THE WA7£A , 1 warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. 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