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HomeMy WebLinkAbout10. 14-72 FEBRUARY 25, 2014 14-72 RESOLUTION (CARRIED___5-1P____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR MOTORSPORT RACING EVENTS AT WINNEBAGO COUNTY SUNNYVIEW EXPOSITION CENTER INITIATED BY: WINNEBAGO COUNTY PLAN COMMISSION RECOMMENDATION: Found to be consistent with Section 30-11(D) and approved with conditions BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit to allow motorsport racing events at the Winnebago County Sunnyview Exposition Center, per the attached, is hereby approved with the following conditions: 1) Motorsport operating time for racing events shall cease at 11:00 p.m. 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. 4) Measures are taken to control dust before and after events. 5) The sponsors of each event provide, at their expense, security personnel as recommended by the City of Oshkosh Chief of Police. 6) The sponsors of each event provide, at their expense, any other additional emergency services necessary to operate a safe event for participants and spectators. 7) 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. 8) The conditional use permit is valid for seven (7) years from its date of approval by the Common Council to coincide with future Winnebago County lease agreements with the promoter. O O.fHK0fH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich 6 Director of Planning Services DATE: February 20, 2014 RE: Approve Conditional Use Permit Renewal for Motorsport Racing Events at Winnebago County Sunnyview Exposition Center (Plan Commission Recommends Approval) BACKGROUND The subject property contains a racetrack located at the Sunnyview Exposition Center. Over the years, various CUP's have been granted for racing events at the facility starting in 1994, 1997, and most recently in 2008 with various conditions applicable to the facility. Additionally, the 2008 CUP was amended in May of 2013 to extend the operating time for racing events from 10:30 pm to 11:00 pm for the 2013 season. ANALYSIS Winnebago County Parks Department is requesting CUP renewal for the purpose of continuing motor sports events at Sunnyview Exposition Center for a ten year period extending through 2023 including the previous conditions with the only change being to allow racing events to end no later than 11:00 pm. The Parks Department has installed the required video monitoring system to document any curfew violations and the Oshkosh Police Department, Winnebago County Sheriff's Office, and the Town of Oshkosh were contacted and all three entities indicated no formal noise complaints had been filed since the amendment in May of 2013. Based on this information, staff is recommending extending the operation curfew time to 11:00 for the CUP renewal. The CUP request is for a ten year period, however since the County's current lease agreement with the promoter is scheduled to expire in 2015 and a new 5 -year contract is currently being negotiated, staff is recommending (based on previous Plan Commission discussion) the CUP expire in 2020 to coincide with the County's lease agreement with the promoter. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its February 18, 2014 meeting. Approved, City Manag r ITEM: CONDITIONAL USE PERMIT RENEWAL (RACETRACK USE) 500 E. COUNTY ROAD Y Plan Commission meeting of February 18, 2014 GENERAL INFORMATION Applicant: Robert Way, Winnebago County Parks Department Property Owner: Winnebago County Action(s) Requested: Winnebago County Parks Department is requesting a conditional use permit (CUP) renewal that governs motorsport racing events at the Winnebago County Exposition Center located at 500 E. County Road Y. The CUP as requested would span ten (10) years, 2014 through 2023, and allow racing events to end no later than 11:00 p.m. 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, 19979 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. 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. Additionally, the 2008 CUP was amended in May of 2013 to include the following: 1. Motorsport operating time for racing events shall cease at 11:00 p.m. through the 2013 race season. 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 permit. Item -CUP WC Racetrack Subject Site Existing Land Use Zoning_ Institutional ( Sunnyview Exposition Center) M -3 Adjacent Land Use and Zoning Existing Uses Zoning North Agricultural/Undeveloped County A -2 South Institutional (Winnebago County Park) M -3 East Agricultural/Undeveloped County A -2 West Undeveloped/Agricultural County A -2 and B -3 Comprehensive Plan Land Use Recommendation Use Category 10 Year Land Use Recommendation Public Institutional 20 Year Land Use Recommendation Public Institutional Analysis: Winnebago County Parks Department is requesting a CUP renewal for the purpose of continuing motor sports events at Sunnyview Exposition Center. As requested, the CUP would span a ten (10) year period, 2014 through 2023, and include previous conditions with the only change being to allow racing events to end no later than 11:00 p.m. In May of 2013, an amendment to the CUP was granted by the City to allow racing operations to extend until 11:00 p.m. through the 2013 race season. An additional condition was added to install a. video surveillance system to document any future curfew violations. The promoter indicated that they make every attempt to keep the races between 3 to 3 1/2 hours and will continue to do so but are requesting the curfew be extended to 11:00 p.m. to allow them to operate comfortably within that timeframe without jeopardizing their long term operations at the track or their conditional use permit. Winnebago County Parks Department has indicated they installed a video surveillance system to document curfew violations. Additionally, the Oshkosh Police Department, Winnebago County Sheriff's Office, and the Town of Oshkosh were contacted and all three indicated no formal noise complaints had been filed since May of 2013. Based on this information, staff is recommending extending the motorsport operation curfew to 11:00 p.m. Similar to the 2008 CUP, the County is requesting the CUP span a ten (10) year period, 2014 through 2023. Winnebago County's current lease agreement with Impact Motorsports LLC, who promotes and operates motorsport events at the racetrack, is scheduled to expire at the end of 2015. A new 5 -year contract is being discussed with the promoter and would include any capital improvements necessary to maintain the racetrack facility. Based on discussion by the Plan Commission in May of 2013, staff is recommending this CUP expire in 2020 rather than 2023 to coincide with the County's lease agreement with the promoter. RECOMMENDATION /CONDITIONS Staff recommends the request for a Conditional Use Permit renewal for motor sports events at the Winnebago County Sunnyview Exposition Center be granted with the following conditions: Item -CUP WC Racetrack 1) Motorsport operating time for racing events shall cease at 11:00 p.m. 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 permit. 4) Measures are taken to control dust before and after events. 5) The sponsors of each event provide, at their expense, security personnel as recommended by the City of Oshkosh Chief of Police. 6) The sponsors of each event provide, at their expense, any other additional emergency services necessary to operate a safe event for participants and spectators. 7) 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. 8) The conditional use permit is valid for six (6) years from its date of approval by the Common Council to coincide with future Winnebago County lease agreements with the promoter. The Plan Commission approved of the Conditional Use Permit renewal as requested with conditions noted. The following is the Plan Commission's discussion on this item. Ms. Williams presented the item and reviewed the site and surrounding area as well as the land use in said area. She stated that various CUP's have been granted over the years for this use and an amendment to the CUP was granted in 2013 to extend the racing events to 11:00 pm. The current CUP request includes all conditions from the previous CUP's and staff is recommending that the current CUP request expire in 2020 rather than 2023 to coincide with the County's lease agreement with the promoter. She also noted that there was an error in condition #8 that the CUP would be valid for six years from its date of approval when it should have been seven years. Jeff Lemiesz, 2230 Plymouth Street, stated that he was present to answer any questions the Commissioners may have regarding this request and that he would like to see the curfew time extended to 11:00 pm for the current CUP. He further stated that he would like the CUP to extend for ten years instead of the seven recommended by staff as the CUP needs to be in place to negotiate the next contract with Winnebago County. Mr. Hinz questioned how many times the curfew extension was utilized this past year. Mr. Lemiesz responded that they did not have to use it in the past racing season but he would like to have the flexibility of having the extra time in case it was necessary however their intention is to finish the races by 10:30 pm. Rob Way, Winnebago County Parks Director, 625 E. County Road Y, commented that they did not have any issues with extending past the 10:30 curfew that he was aware of and the video monitoring system was in place as requested however it was struck by lightening late in the season and the data was lost. Mr. Hinz commented that the promoter indicated that they needed the CUP in place to negotiate an agreement with Winnebago County and the Commission had wanted to have the CUP coincide with the promoter's contract. Mr. Way replied that he was not sure how this could be rearranged, but having a current CUP in place would make it easier to negotiate the contract. Item -CUP PVC Racetrack Mr. Borsuk questioned if the video monitoring system was repaired and back in operation. Mr. Way responded affirmatively. Mr. Vajgrt inquired about the contract with the promoter which he understood to be for five years on the subsequent contract being negotiated. Mr. Way confirmed that the current contract would extend for two years and the subsequent contract was to be for an additional five years. Mr. Vajgrt commented that in this case, the limit of the current CUP request for seven years would suffice. Mr. Way stated that they will have a very different contract coming up with the promoters and the CUP can be processed prior to the renewal of the subsequent contract. Motion by Vajgrt to approve the conditional use permit renewal for racetrack use on property located at 500 E. County Road Y with the following conditions: 1) Motorsport operating time for racing events shall cease at 11: 00 p.m. 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 permit. 4) Measures are taken to control dust before and after events. 5) The sponsors of each event provide, at their expense, security personnel as recommended by the City of Oshkosh Chief of Police. 6) The sponsors of each event provide, at their expense, any other additional emergency services necessary to operate a safe event for participants and spectators. 7) 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. 8) The conditional use permit is valid for seven (7) years from its date of approval by the Common Council to coincide with future Winnebago County lease agreements with the promoter. Seconded by Borsuk. Ms. Propp commented that the CUP request could be submitted to the Plan Commission for approval prior to the contract expiration as the County can contact the City in advance to start the process. Mr. Burich stated that this would not be an issue as the City and County have a good working relationship. Mr. Way indicated that the CUP process could begin in spring to leave adequate time to receive approval. Motion carried 7 -0. Item -CUP WC Racetrack City of Oshkosh Application ♦► ❑ Planned Development Review O.IHKO.IH Conditional Use Permit Review ON THE WATER * *PLEASE TI'PE OR PRINT USING BLACK IN'K ** APPLICANT INFORMATION K 0 �. / Petitioner: b e- r, L IA 1G- SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 PHONE: (920) 236 -5059 Date: b 3 Petitioner's Address: 5 [ t-t (2c:( � 60 City: �5 ),1 e (l&k State: 1,x,1 I Zip: 5 cj t7 Telephone #: (5 U) Z 3 Z ( C1 (co C Fax: (f 2L)) Y 7-4 11 - 1 Other Contact # or Email: Status of Petitioner (Please Check): ❑ Owner kRepresentative ❑ Tenant ❑ Prospective Buyer Petitioner's Signature (required): Date: OWNER INFORMATION Owner(s): W Ir ltidC , 1?UAkk Date: I r�3� ` j Owner(s) Address: LI ] 5 Ja C..�s ©E7 1 City: ��GS �� State: � Zip: 5 03 Telephone #: 02151),2,30- -19C O Fax:( Other Contact # or Email: WL.JLJ • E6. 0-1C f Ql 7, CJ II Ls Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership XCorporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planm g Se s Division for irtomplete s^issions or other administrative reasons. Property Owner's Signature: SITE INFORMATION Date: L--2 Y / Y Address /Location of Proposed Project: 500 E 6-41-1)2J V 054U1Sk ✓ 1-':JjjJCC1GParcel No. R153 06)000 I6 Proposed Project Type: L&O based Did-d-a,r Yl'ofif ' -,�,�xlr% ,fv �1'S dYjj /1�Yat1tniLM, Current Use of Property: 1—a't(r+ bctsej- ouj&pr mA, ( .�.�� yl �7Yt),,dr. • oning: 144-3 1 Land Uses Surrounding Site: North: South: S—"'a &rC LkqL-S East: 13 West: "Please note that a meeting notice will be mailed to all abutting property owners regarding your request. ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE For more information please the City's website atAww.ci.oshkosh.w'i.us/Cominunit,\, Development/Planning.htm StaffK Date Rec'd 4A 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. r(• qcs 4 + ex-4eYfcL _ t- .ei -sc' C5Lr -Jj_ � 3�,. 4v ((,L) c(�M shNUu_Lck VI& I`i'nyoCUc —su��rc>tLnd4fw� oc6LLfx,PtAs cF o ty�'nijCtvea, �ejeLS cVrr Je�''� rnana�ce,ble cci -1; I,& 2. Pedestrian and vehicular circulation and safety. 3. Noise, air, way or other forms of environmental pollution. p. ollllution. /tamer, i 1 I � \�^ l llvd\ 1T%. s- l� ekAv 1'rc (i >, 'QYI. iC. 1 \LLc..h vs. LA/\ q c.Lrc, ��.d �GLi. -� • • '�U v lLl� Yi u—T �JG 4. The demand for and availability of public services and facilities. �1e Qe��C, ;onU( pOl`ice i�1u0 -MeY`� �s�.per�ecd. {�romo�e�� �ccJs �6Y l✓tuCi�eL1 ser���e� 5, Character and future development of the area. -Jo e, t Vi S t Gil c i 1 i rq J nV e rCL 1b kg 00(+11 6141a Wes • Tf/hpkJ' 1�1 � U-n /4 1(0 5 OZVe paeCel -+V 60,01 Ld f&4. SUBMITTAL RIEOUIREMENTS — 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 %" x 11 (minimum) to 11" x 17" (maximum) reduction of the site plan and building elevations ❑ One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style table file (if plans have been prepared digitally) ❑ Title block that provides all contact information for the petitioner and/or owner and contact information of petitioner's engineers /surveyors /architects, or other design professionals used in the preparation of the plans ❑ The date of the original plan and revision dates, if applicable ❑ A north arrow and graphic scale. ❑ All property lines and existing and proposed right -of -way lines with dimensions clearly labeled ❑ All required setback and offset lines ❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, signs, decks, patios, fences, walls, etc. ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for screening • Location and dimension of all on -site parking (and off -site parking provisions if they are to be employed), including a 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 PETITION FOR ISSUANCE OF A CONDITIONAL USE PERMIT FOR SUNNYVIEW EXPOSITION CENTER MOTOR SPORTS EVENTS INTRODUCTION The Winnebago County Parks Department is requesting consideration by the Oshkosh Common Council for issuance of a Conditional Use Permit (CUP) to be used by Winnebago County for the purpose of conducting motor sports events at the Sunnyview Exposition Center racetrack facility. Along with the 1995 CUP and 1997 CUP, this would be the fourth permit to be applied to the venue. Similar to the 1997 CUP, the County would ask for the new permit to span a ten (10) year period, 2014 through 2023. BACKGROUND In reviewing the history of the racetrack over the past decade it is readily apparent that the original premise for operating the facility has remained consistent with the intentions described in the County's original 1997 CUP Application. . . to complete program activities involving competitive use of mechanized equipment. These machines would be required to adhere to the City Noise Ordinance for any adjacent City of Oshkosh property. For purposes of this permit, no event shall exceed three (3) days duration. The racetrack operator will utilize the existing dirt track at the site that was constructed in 1998. Dust raised during competitions will be controlled by the use of a water truck located on the site. Competitions will be held in front of the grandstands and most often will be comprised of a series of short heats. Although Tuesdays (now Fridays) will be the featured night for most events, over the course of the conditional use permit we would hope to be able to present motor sports events on any given day /evening of the calendar year." The only variable that has come into play in affecting the operational status of the racetrack relative to the 1997 CUP was an amendment that the City approved in November of 2000. The amendment dealt with the County's request for allowing other types of motor sports events besides motor vehicle racing to take place at the facility (i.e. motorcycles, snowmobiles, etc.). Indeed, as things developed in relation to the amendment, on only two occasions has the racetrack promoter even taken advantage of the option to expand the variety of motorized machines run at the racetrack. CURRENT REQUEST The county is requesting an extension of the curfew for the City Noise Ordinance to allow racing events to end no later than 11:00 p.m. with the sale of alcohol ending at 10:30 p.m.. Special events taking place on weekends shall also end no later than 11:00 p.m. and practice nights on occasional Tuesdays and Thursdays throughout the season end no later than 8:30 p.m.. Given the sound performance of the racetrack promoter, and the recent completion of the 1997 CUP requirement to have a 15 foot high noise barrier in place around the racetrack perimeter, the county looks forward to continuing to program motorsports events at the Sunnyview Exposition Center for the foreseeable future. Consequently, the county is requesting that the same conditions that applied to the 1997 CUP, and the accompanying 2000 and 2008 amendments, be copied into the 2014 through 2023 CUP. 7 1 298 -12014 2 RESOLUTION: Authorize Submittal of Application for a City of Oshkosh Conditional Use 3 Permit for Programming of Motorsports Events at the Sunnyview 4 Exposition Center Racetrack 5 6 TO THE WINNEBAGO COUNTY BOARD OF SUPERVISORS: 7 WHEREAS, with the completion of the Sunnyview Exposition Center Racetrack in 1998, the venue has since 8 developed into a highly- regarded motorsports racing site that has been actively used each summer over the past 9 fifteen (15) years; and 10 WHEREAS, the programming of motorsports events at the Sunnyview Exposition Center Racetrack has 11 been a prominent addition to the list of leisure opportunities made available in Winnebago County; and 12 WHEREAS, your Parks and Recreation Committee has determined that it would be beneficial for Winnebago 13 County to continue to make use of the excellent racetrack facilities developed at the Sunnyview Exposition Center 14 along with eth dirt track course considered to be among the best in the upper Midwest; and 15 WHEREAS, although the existing 2008 -2017 City of Oshkosh Conditional Use Permit remains in effect, your 16 Parks and Recreation Committee has also determined that it would be beneficial for Winnebago County to assist in 17 facilitating an operational change being requested by the racetrack promoter that the length of the racetrack event 18 programming be extended from the current 10:30 p.m. curfew to an 11:00 p.m. curfew; and 19 WHEREAS, in order to institute the aforementioned change in curfew time it will be necessary for 20 Winnebago County to obtain a new City of Oshkosh Conditional Use Permit, and it would be appropriate for this 21 permit to reflect the standard ten (10) -year period that has typically been submitted for past racetrack Conditional 22 Use Permits. 23 NOW, THEREFORE, BE IT RESOLVED by the Winnebago County Board of Supervisors that it hereby 24 authorizes that the Winnebago County Executive and the Winnebago County Clerk to apply for a City of Oshkosh 25 Conditional Use Permit for motorsports events to be conducted at the Sunnyview Exposition Center Racetrack for a 26 ten (10) -year term beginning April 1, 2014, and ending December 31, 2023. 27 BE IT FURTHER RESOLVED by the Winnebago County Board of Supervisors that hereby approves that the 28 aforementioned Conditional Use Permit application reflect a change allowing the racetrack event programming to be 29 extended from the existing 10:30 p.m. curfew to an 11:00 p.m. curfew. 30 Respectfully submitted by: 31 PARKS AND RECREATION COMMITTEE 32 Committee Vote: 5 =0 Qasseoe 33 Vote Required for Passage: Majority of Those Present PCi` G ca 1 /a t. l 34 35 36 37 38 39 Approved by the Winnebago County Executive this day of Resolution Number: 298 -12014 Mark L Harris Winnebago County Executive 2014. 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They may show the approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date: 4/10/2013 Of HKOIH These map(s) /datasets 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 THE WATER warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. J:%GIS\PlanninI Comm :scion Site Plan map IemplaielFlan Commission Site Plan Map Template.mxd User deborahf