HomeMy WebLinkAbout08. 15-369
AUGUST 11, 2015 15-369 RESOLUTION
(CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR CONSTRUCTION
OF PARKING STALLS IN EXCESS OF ZONING CODE
LIMITATIONS AT 505 SOUTH WASHBURN STREET
INITIATED BY: PAUL M. TWARDY SR.
PLAN COMMISSION RECOMMENDATION: APPROVED
BE IT RESOLVED by the Common Council of the City of Oshkosh that a
conditional use permit is hereby granted for expansion of a parking lot at 505 South
Washburn Street, which the expansion exceeds the maximum number of stalls allowed
by Zoning Code Limitations, per the attached.
0../HKOf H
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: August 6, 2015
RE: Approve Conditional Use Permit for Construction of Parking Stalls in Excess of Zoning
Code Limitations at 505 South Washburn Street (Plan Commission Recommends
Approval)
BACKGROUND
The subject property is located at 505 South Washburn Street approximately 1,600 feet south of
Witzel Avenue and approximately 1,200 feet north of West 9th Avenue. The property is currently
developed with a 3,194 square foot office building (5% of site coverage), 8,327 square feet of parking
and pedestrian walks (12% of site coverage) and 58,175 dedicated to landscaping and open space
(83% of site coverage). The property is located within the Highway 41 Corridor Overlay District and is
zoned C-2 General Commercial District with the general area consisting of a mix of commercial and
professional office uses fronting Interstate 41.
ANALYSIS
The City's Zoning Ordinance parking code regulates parking by requiring a minimum number of stalls
deemed necessary for a particular use to function without causing a negative impact on neighboring
streets and a limitation on the maximum number of stalls allowed ensuring that parking lots are not
overbuilt creating unnecessary impervious surface. The zoning ordinance limits parking for a medical
office/clinic use for the size of the structure at this location to 16 stalls with an administrative
allowance to increase up to 18 stalls. The applicant is proposing to construct an additional 15 parking
stalls at the existing site for a total of 33 stalls exceeding the maximum permitted by code as the
current tenant's employees and clients require a minimum of 29 stalls which could create parking
deficiencies. The Zoning Ordinance provides criteria to be used when reviewing requests of this
nature including low parking turnover and more intensive future site development which staff believes
would apply in this circumstance as client appointments could overlap and the site is currently only
24.7% developed which would leave potential for future development. The parking area is also
located behind the building which will not have a negative impact on the general area or community.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of the request at its August 4, 2015 meeting.
Approved,
uA0-% • r-e-44.#,
City anager
ITEM: CONDITIONAL USE PERMIT REQUEST TO ALLOW THE
CONSTRUCTION OF PARKING STALLS IN EXCESS OF ZONING CODE
LIMITATIONS AT 505 SOUTH WASHBURN STREET
Plan Commission meeting of August 4, 2015
GENERAL INFORMATION
Petitioner: Paul M. Twardy, Sr
Owner: Door Creek Construction of Illinois, LLC
Action(s) Requested:
The applicant is requesting a conditional use permit to add parking to their commercial parking lot
in excess of the maximum permitted stalls allowed by code and also in excess of the 10%increase
allowed by administrative approval.
Applicable Ordinance Provisions:
Minimum parking stalls required and maximum parking stalls allowed per specific use are
regulated in the Zoning Ordinance under Section 30-36 (F)(2)(a). Zoning Ordinance Section 30-
36 (F)(6) states that parking lots may exceed up to 10% of the parking stalls allowed through
administrative approval. Parking lots with stalls in excess of the administrative approval are
required to apply for and receive a Conditional Use Permit.
Property Location and Type:
The subject property is located at 505 South Washburn Street approximately 1,600 feet south of
Witzel Avenue and approximately 1,200 feet north of West 9th Avenue. The property is currently
developed with a 3,194 square foot office building (5% of site coverage), 8,327 square feet of
parking and pedestrian walks (12% of site coverage) and 58,175 dedicated to landscaping and
open space (83% of site coverage).
The property is located within the Highway 41 Corridor Overlay District and is zoned C-2 General
Commercial District with the general area consisting of a mix of commercial and professional
office uses fronting Interstate 41.
Subject Site
Existing Land Use Zoning
Clinic C-2
Adjacent Land Use and Zoning
Existing Uses Zoning
North Professional Office C-2 and HWY 41 Overlay
South Professional Office C-2 and HWY 41 Overlay
East Public Right-of-Way C-2
West Multi-Family Apartments R-3
Comprehensive Plan
Recommendation Timeframe Land Use Classification
10 Year Land Use Recommendation Commercial
20 Year Land Use Recommendation Commercial
ANALYSIS
This CUP request involves an increase in the number of parking stalls in excess of the maximum
allowed by code or by administrative approval. The Oshkosh Zoning Ordinance's parking code
regulates parking by requiring a minimum number of stalls deemed necessary for a particular use
to function and not cause negative impact on neighboring streets and the community at large.
Additionally,the code contains a limitation on the maximum number of stalls allowed for a
particular use to ensure that parking lots are not overbuilt as to create unnecessary impervious
surface,be unsightly or potentially function with uses other than intended parking. Zoning
Ordinance Section 30-36 (F)(2)(a) limits parking for medical office/clinic uses to a maximum of 5
stalls for the first 1,000 square feet of building area and no more than 1 stall per 200 square feet
thereafter. The square footage of the building when applied to this regulation permits 16 stalls
outright with an administrative allowance up to 18 stalls. The parking breakdown is as follows:
Maximum Stall Calculation Stall Count Percentage of
Maximum Allowed
First 1,000 square feet 5 stalls 31%
Remaining 2,194 square feet/200 square feet 11 stalls 69%
Maximum stalls allowed per code 16 stalls 100%
10% administrative increase 2 stalls 10%
Maximum stalls allowed with admin. increase 18 stalls 110%
The applicant is proposing to construct an additional 15 stalls for a total of 33 stalls on the site,
which is 155%of the maximum 18 permitted by code or an additional 45% increase over the
allowable 10% administrative allowance. The applicant believes that additional parking stalls are
necessary based on a number of factors. AMS of Wisconsin(current tenant) employs seven
counselors plus eight other possible employees. The counselors meet one-on-one with clients,
while the next client could possibly be in the waiting room. This would total a minimum of
twenty-nine potential cars at any given time. The petitioner feels that if the additional stalls are not
added it would potentially cause parking deficiencies or traffic backups. Additionally, the
applicant states that adding the stalls will not detract from the sites compatibility with surrounding
businesses as they will be located to the rear of the lot behind the building.
The Zoning Ordinance, in Section 30-36 (F)(6),provides review criteria to be used when
•
reviewing requests of this nature, as follows:
(a) The proposed development has unique or unusual characteristics (such as high
sales volume or low parking turnover) which creates a parking demand that
exceeds the maximum ratio and does not typically apply to comparable.uses.
(b) The lot is designed to allow for more intensive future site development.
(d) Pedestrian connectivity through the lot.
Item—Excess Parking Stalls CUP/505 S. Washburn Street 2
(e) The need for additional parking cannot be reasonably met through provision of
on-street or shared parking with adjacent or nearby uses.
() The proposed development demonstrates that its design and intended use will
support high levels of existing or planned transit and pedestrian activity.
Staff reviewed the request based on the criteria and believes that"a" and"b"could apply to this
specific type of use as parking turnover at a clinic facility can be extremely low and overlap of
client appointments is not uncommon. The low turnover of customer parking, combined with a
work force associated with the clinic use, may present a special circumstance. Additionally,based
on the proposed site plan 24.7% of the lot would be developed, which would leave room for future
development to take place at the site. Should additional development occur at the site the
additional parking being requested could serve the new development. Based on the information
provided, such as the number of counselors and support staff on a given shift as well as the number
of potential clients,the location of the parking behind the building and the potential for further
development to take place at the site, staff would agree with the applicant that the additional 18
parking stalls will not have a negative aesthetic impact on the development,the general area or the
community.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the conditional use permit as proposed.
The Plan Commission approved of the conditional use permit as requested. The following is the
Plan Commission's discussion on this item.
Ms. Williams presented the item and discussed the City's zoning ordinance requirements for
parking lot sizes. She reviewed the site and surrounding area as well as the zoning classifications
and land use in this area. She discussed the existing structure at this location and reviewed the site
plan for the proposed parking lot expansion. She discussed the additional parking stalls being
requested under this conditional use permit and the necessity for the expansion and described the
current use of the site as a clinic. She reviewed the location of the parking lot behind the structure
and discussed the criteria to be considered when reviewing these types of requests. She further
stated that staff is recommending approval of the conditional use permit as it appears that the 18
additional parking stalls are warranted as they meet the criteria of both low parking turnover and
the potential of more intensive future site development.
Mr. Gray questioned what the occupancy capacity was for the existing structure.
Ms. Williams stated she was not aware of this statistic.
Mr. Gray commented that he was concerned with the increase in parking stalls at this location and
questioned the impact of storm water runoff from the site if this expansion was approved.
James Rabe, Civil Engineer Supervisor, responded that the area for the additional parking stalls
being requested is under the threshold of Chapter 14 of the City's Municipal Code so it would not
trigger any additional storm water management plans to be submitted however the runoff from the
parking lot would have to be collected on site.
Item—Excess Parking Stalls CUP/505 S. Washburn Street 3
Mr. Gray then inquired if additional development would occur on this site, how would the new
development have access to the undeveloped portion of the lot as the existing development
encompasses the entire frontage of the site.
Ms. Williams responded that new development could still potentially occur on the rear portion of
the lot with a cross access agreement between the new development and the current tenant.
Mr. Borsuk questioned if this was a green field site, would development on the site as a whole
trigger updated storm water management approval.
Mr. Rabe responded that he was not sure however if the entire site had an accumulated disturbed
area of 20,000 square feet or more in total, it would require storm water management plans to be
submitted for approval.
Mr. Bowen commented that 83% of the site would still be available for future development.
Mr. Borsuk then questioned when additional development occurred on the parcel, would storm
water management requirements be calculated by a cumulative total of development on the site.
Mr. Rabe replied that it would be a cumulative impact based upon what development features were
added since 2012 when the storm water management code requirements were updated.
Mr. Borsuk then questioned if the development on the entire site would be considered if the parcel
was divided into two separate lots.
Mr. Rabe responded affirmatively.
Motion by Vajgrt to approve a conditional use permit to allow the construction of parking
stalls in excess of zoning code limitations at 505 S. Washburn Street.
Seconded by Borsuk. Motion carried 6-1. (Ayes-Borsuk/Bowen/Cummings/Propp/Vajgrt/
Nollenberger. Nays-Gray)
Item—Excess Parking Stalls CUP/505 S. Washburn Street 4
City of Oshkosh Application SUBMIT To:
pp ept.of Community Development
❑ Planned Development Review D 215 Church Ave.,P.O.Box 1130
Oshkosh,Wisconsin 54903-1130
OJHKO.IH ❑ Conditional Use Permit Review PHONE:(920)236-5059
ON THE WATER
**PLEASE TYPE OR PRINT USING BLACK INK**
APPLICANT INFORMATION
Petitioner: 'emit M . Tw arc q-/3 t , /r• Date: I
Petitioner's Address: 52 It A GagieM.f 17r. City: M dell t20 State: Zip: 5311(o
Telephone#: (6AS ^4 26- 16)16) . Fax:(t)-SOS 5193 Other Contact#or Email: pautlnarlol pt-tef@,
g ma it , can
Status of Petitioner(Please Check): ❑Owner yRepr-sentative ❑Tenant ❑ Prospective Buyer
Petitioner's Signature(required): i� 4 �. �/ Date: 4/
OWNER INFORMATION L Q / - 1
Owner(s): Day GPre. Coro(hu. lon d7 `\1t lots f 1.1.6(Y-ev f► Vadt) Date: � �(r
Owner(s)Address: 1:7495 rvl beet tt City: NriketlArovi State: 'pu}3Zip: S Z:422
Telephone#:(5(,3) 3 S S- a 11+ Fax:(53) 3 SS-5221.- Other Contact#or Email: Ivu lt9Y4rl.e L
e-ott i'NK'('bw •Gerw..
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 Planning Services Division for incomplete submissions or other administrative reasons.
Property Owner's Signature: Date: 07- )/-15
SITE INFORMATION
Address/Location of Proposed Project 505 ' . I91201.iu(fl '. Parcel No.OLI4(d40do
Proposed Project Type: - tpv\/.q6 pariyr J gr•3
Current Use of Property: G 2 (�• I i hl Zoning: 6-72--
Land Uses Surrounding Site: North: G -"Zs-
South:
�i Z
East: Jl1 Atk
West: f•/1u1,41— tl
**Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
> Application fees are due at time of submittal. Make check payable to City of Oshkosh.
> Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE
For more information please the City's website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm
Staff Date Rec'd 146
4A
Briefly explain how the proposed conditional use/development plan will not have a negative effect on the issues below.
1. Health,safety,and eneral welfare of occupants of surrounding. lands.
�►se �5 nP 6. r►l r r► a -= Hp a o-S ve ktd, -5 using
41te eyarldect, ar kuv •
2. Pedestrian and vehicular circulation and safety.
LAjou-t' t 5 fee G 1 ( a'3`051,k0sl,
3. Noise,air,water,or other forms of e vironmental pollution.
- tp¢c VekiLle', in tr e. .
4. The demand for and availability of public services and facilities.
No more etig aft 1 ,e4a'ti
5. Character and future develop deyelopm,ent of the area.
1.66 e. ait-1-ictra4e4,
SUBMITTAL REQUIREMENTS—Must accompany the application to be complete.
➢ A NARRATIVE of the proposed conditional use/Development Plan including:
❑ Existing and proposed use of the property
❑ Identification of all structures(including paving,signage,etc.)on the property and discussion of their relation to the project
❑ Projected number of residents,employees,and/or daily customers
❑ Proposed amount of dwelling units,floor area,landscape area,and parking area expressed in square feet and acreage to the
nearest one-hundredth of an acre
❑ Effects on adjoining properties to include:noise,hours of operation,glare,odor,fumes,vibration,etc.
❑ Compatibility of the proposed use with adjacent and other properties in the area.
❑ Traffic generation(anticipated number of customers,deliveries,employee shift changes,etc.)
❑ Any other pertinent information to properly understand the intended use/plan and its relation to nearby properties and the
community as a whole
➢ A complete SITE PLAN and BUILDING ELEVATIONS must include:
❑ Two(2)full size(minimum 24"x 36")scaled and dimensioned prints of site plan and building elevations
❑ Two(2)8'/2"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.
2
5
!v/R rdy Sr., LLC C�.�a"a_taGt a �r_•_� .
:S - Ji inners
City of Oshkosh July 2, 2015
RECEIVED
Planning and Zoning Department
JUL 0 8 2015
215 Church Avenue
COMMUNITY DEVELOPMENT
Oshkosh, WI 54903
Attn.:Todd Muehrer
Re.: 505 Washburn Street
Please be advised,the new tenant of the above referenced property(AMS of Wisconsin) recently
informed the owner(Door Creek Construction of Illinois, LLC)they would require more parking than was
existing.
The number of stalls will exceed the maximum allowed per Zoning Code Chapter 30-36(F)(6).We are
doing so as described in Chapter 30-36 (F)(6)(a) and (e).The additional asphalt will exceed 50%of the
existing asphalt.These two items are cause for the requirement of the Conditional Use permit
application, and the improvement of the existing parking area.
AMS of Wisconsin employees seven councelors plus eight other possible employees.The councelors
meet one-on-one with a client,while the next client could possibly be in the waiting area.This would
total twenty-nine (minimum).
The additional asphalt does not cause the area of lot coverage to exceed 20,000 square feet.Therefore
we are not submitting Storm Water Management calculations or drawings at this time.
Thank you,
Paul M.Twardy,Sr.
(34-0!¢7911„1 I.iti070er,
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CUP-PARKING LOT EXPANSN COMPASS PROPERTIES LLC TOWER ASSOCIATES LLC
505 S WASHBURN ST PO BOX 6158 PO BOX 3808
PC: 08-04-15 WAUSAU WI 54402-6158 OSHKOSH WI 54903-3808
450 NORTH KOELLER LLC GT REALTY LLC
OSHKOSH OTTER AVE LLC
230 OHIO ST STE 200 5565 OLD FIELD RD PO BOX 126
OSHKOSH WI 54902-5825 LAKE ZURICH IL 60047-5211 WITTENBERG WI 54499-0126
PAUL TWARDY SR " DOOR CREEK CONSTRCTN OF IL
5218 ACADEMY DR ATTN KEVIN KADLEC
MADISON WI 53716 2205 KIMBERLY RD
BETTENDORF IA 52722
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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 from a variety of sources. Printin Date:7/21/2015 O,f HKOlH
These map(s)Idatasets are provided for information purposes only and
may not be sufficient or 9
appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS"without Prepared by City of Oshkosh,
WI ONn,Ewnrw
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
J:IGISIPIanning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd User:deborahf
12