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HomeMy WebLinkAbout06. 16-278JUNE 14, 2016 16-278 RESOLUTION (CARRIED__6-0_____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR AUTOMOBILE TOWING AND SERVICE; 139 EAST PACKER INITIATED BY: SOPER TRANSPORT & RECOVERY PLAN COMMISSION RECOMMENDATION: Found consistent with Standards set forth in Section 30-11(D) of the Zoning Ordinance and approved. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit is hereby approved under Section 30-11 of the Oshkosh Zoning Ordinance for an automobile towing and recovery business in conjunction with the existing general contractor business, per the attached, with the following conditions: 1) Paved parking area located within the East Packer Avenue right-of-way is removed and reestablished with vegetative ground cover, as approved by the Department of Public Works. 2) A minimum of a 24 foot wide clear drive aisle from East Packer Avenue to the rear of the property be maintained at all times. 3) Cross access and parking easement is established for use of the drive aisle and parking with the property owner at 155 East Packer Avenue, adjacent to the east. 4) Vehicles parked within any parking stalls be in a condition for safe legal operation on the public roadway at all times. 5) Storage of towed vehicles awaiting pick-up or disposition, parts or miscellaneous construction equipment is limited to the screened outdoor storage area or inside the principal building. MEMORANDUM OYHKOfH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: June 9, 2016 RE: Approve Conditional Use Permit for Automobile Towing and Service at 139 East Packer Avenue (Plan Commission Recommends Approval) BACKGROUND The subject property is a 0.84- acre /36,500 square foot parcel located at 139 East Packer Avenue, approximately 400 feet east of the North Main Street and Packer Avenue intersection. The property is developed with two structures: a 9,000 square foot corrugated steel building near the street side of the property with four overhead door entries on its east side (built 1971); and a 1,700 square foot soil and salt storage building located behind the principal structure (built 2016). The site also includes a 4,350 square foot enclosed outdoor storage area (built 2016) and asphalt parking areas and drives aisles. The lot is located within an industrial area surrounded by general manufacturing and outdoor storage to the north across East Packer Avenue, vacant industrial lands to the west and south and general contracting uses and personal storage warehousing to the east. ANALYSIS The petitioner is proposing to operate a new towing and light automobile repair business on the site in conjunction with the existing general contracting business's equipment and material storage yard. This use will include towing and recovery business, interior and exterior parking of tow trucks, exterior screened temporary storage of towed vehicles and light automobile service within the primary building. Hours of operation are proposed to be seven days a week between 7:00 am and 5:00 pm with towing services performed 24 hours a day. The property is accessed from E. Packer Avenue with a driveway leading to the lot's interior via a drive aisle along the east side of the principal building which will be utilized for interior storage and serve the light automobile service use. Parking consists of 17 stalls on the east side of the property and on the north side of the building with an enclosed outdoor storage area fenced with privacy slats for storage of towed vehicles. A portion of the northern parking lot has been constructed within the E. Packer Avenue right -of -way which is recommended to be removed and vegetative ground cover reestablished. Also, part of the driveway entrance and parking stalls are partially located over the east lot line on the neighboring property which will require a parking easement be established with the property owner. Staff is also recommending a condition that parking stalls be limited to legally operating vehicles and not general construction equipment, trailers or vehicles towed to the site awaiting pick -up or disposition. FISCAL IMPACT Adding the proposed use on the site should not have a fiscal impact on city services. RECOMMENDATION The Plan Commission recommended approval of the conditional use permit with conditions at its June 7, 2016 meeting. Re pectfully Submitted, 1 N1A Darryn Burich Director of Planning Services Approved, Mark Rohloff City Manager I Z Q n� i e��� ^K A`, ?110 ryo is as 5 Xar n— �' c I - i Im The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approbmate relative locaton of property, boundaries and other feature from a variety of sources. These map(sydatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS' without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. J:1GI%P,Ianning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd WEB o M„- Z O �Q I ao a N 1 in = 0.04 mi �. 1 in =220 ft /! Printing Date: 5119(2016 O.fHKO:fH Prepared by: City of Oshkosh, WI ON THE WATER User katien 1i ITEM: CONDITIONAL USE PERMIT TO ESTABLISH A NEW AUTOMOBILE TOWING AND LIGHT AUTOMOBILE SERVICE USE AT 139 EAST PACKER AVENUE Plan Commission meeting of June 7, 2016 GENERAL INFORMATION Applicant: Soper Transport and Recovery, Inc. Owner: Soper Contractors LLC Action(s) Requested: The applicant is requesting a Conditional Use Permit to allow the operation of an automobile towing and recovery business as well as light automobile service business in conjunction with the existing general contractor business. Applicable Ordinance Provisions: Motor vehicle service uses are permitted only through the approval of a Conditional Use Permit within the M -2 Central Industrial Zoning District. The Zoning Ordinance establishes criteria and guidelines for establishment and /or amendment of a Conditional Use Permit in Section 30 -11 (D). Background Information Property Location and Type: The subject property is a 0.84- acre /36,500 square foot parcel located at 139 East Packer Avenue, approximately 400 feet east of the North Main Street and Packer Avenue intersection. The property is developed with two structures: a 9,000 square foot corrugated steel building near the street side of the property with four overhead door entries on its east side (built 1971); and a 1,700 square foot soil and salt storage building located behind the principal structure (built 2016). The site also includes a 4,350 square foot enclosed outdoor storage area (built 2016) and asphalt parking areas and drives aisles. The lot is located within an industrial area surrounded by general manufacturing and outdoor storage to the north across East Packer Avenue, vacant industrial lands to the west and south and general contracting uses and personal storage warehousing to the east. Subject Site Existing Land Use Zoning General Contracting M -2 Adjacent Land Use and Zoning Existing Uses Zoning North General Industrial/Manufacturing & Storage (across East Packer) M -2 South General Industrial /Distribution Center M -2 East General Industrial Contracting and Mini - Warehousing M -2 West Vacant Industrial - Currently Farmed M -2 Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Industrial 20 Year Land Use Recommendation Industrial ANALYSIS The petitioner indicates that the conditional use request, if approved, will allow them to locate and operate a new towing and light automobile repair business on the site in conjunction with the existing general contracting business's equipment and material storage yard, which is a permitted use within the M -2 Zoning District. The extent of the proposed conditional uses include towing and recovery business, interior and exterior parking of tow trucks, exterior screened temporary storage of towed vehicles awaiting pick -up or disposition, and light automobile service within the primary building that includes oil and tire changes, brake replacement and exhaust work. Hours of operation for the uses are proposed to be seven days a week between 7:00 am and 5:00 pm, although towing services will be performed 24 hours a day. On -duty tow vehicles will be kept at employee homes off hours but towed vehicles will be brought to the site as necessary. The subject property is accessed from East Packer Avenue by a fifty foot driveway leading to the lot's interior via a 26 foot wide drive aisle running along the east side of the principal building. The petitioner's submitted site plan depicts the location of structures on the site and where individual operations will take place. The principal structure will be utilized as interior storage of items associated with the general contracting business including but not limited to pick -up trucks, dump trucks and general construction equipment. If the conditional use is approved, a portion of this building's interior will also serve the light automobile service use. Parking associated with the multiple uses on -site consists of a total of 17 parking stalls. Tow trucks and employee parking associated with the transport and recover business use is proposed to be accommodated in the 14 parallel parking stalls on the far east side of the property and additional employee and customer parking is located on the north side of the building in a preexisting three stall parking area. The enclosed outdoor storage area, fenced with interwoven privacy slats, will be used for storage of towed vehicles awaiting pick -up or disposition. When reviewing the site plan, staff noticed that a portion of the northern parking lot has been constructed within the East Packer Avenue right -of -way. Historic photographs show that this encroachment into the right -of -way has existed for at least 16 years however a search of city records have not found any permits for construction nor a privilege in the street or easement to allow it therefore as a condition of approval of the conditional use request, staff is recommending that the paved area located within the right -of -way be removed and vegetative ground cover be reestablished. Additionally, part of the driveway entrance and 14 parallel parking stalls depicted on the site plan are partially located over the east lot line on the neighboring property to the east. The Fire Department requires a minimum of a 24 foot wide clear drive aisle from East Packer Avenue to the interior of the property be maintained for emergency access and the petitioner is providing a 26 foot wide drive aisle. However, as the parking is located partially on the neighboring property, a parking easement must be established for use of the driveway, drive aisle and parking with the property owner at 155 East Packer Avenue. Item -139 E Packer Towing and Auto Service CUP Staff is generally supportive of the proposed conditional uses as they are not out of scope with other uses in the industrial area. There is concern with the interplay and intensity of the multiple uses being conducted on the relatively small property primarily because of the need for customer and employee parking, establishment of multiple permanent exterior parking of vehicles, storage of towed vehicles and tow trucks as well as unknown miscellaneous construction equipment and materials. To help alleviate concern that the site will become congested with service vehicles, inoperable vehicles and construction equipment and parts, staff is recommending that parking within any parking stall on -site be limited to vehicles that are in a condition for legal operation on the public roadway and not include general construction equipment, trailers, etc. Also, any vehicles towed to the site awaiting pick -up or disposition are limited to the screened outdoor storage area or inside the principal building. RECOMMENDATION /CONDITIONS Staff recommends a finding that the proposed conditional use permit request is consistent with Section 30 -11(D) of the Zoning Ordinance and be approved with the following conditions: 1) Paved parking area located within the East Packer Avenue right -of -way is removed and reestablished with vegetative ground cover, as approved by the Department of Public Works. 2) A minimum of a 24 foot wide clear drive aisle from East Packer Avenue to the rear of the property be maintained at all times. 3) Cross access and parking easement is established for use of the drive aisle and parking with the property owner at 155 East Packer Avenue, adjacent to the east. 4) Vehicles parked within any parking stalls be in a condition for safe legal operation on the public roadway at all times. 5) Storage of towed vehicles awaiting pick -up or disposition, parts or miscellaneous construction equipment is limited to the screened outdoor storage area or inside the principal building. The Plan Commission approved the Conditional Use Permit as requested with conditions noted. The following is the Plan Commission's discussion on this item. Item -139 E Packer Towing and Auto Service CUP (01�CEIVED 2 9 2016 ^ � t llBVI LOYMPNT O H WATER APPLICANT INFORMATION Petitioner: City of Oshkosh Application ❑ Planned Development Review Conditional Use Permit Review * *PLEASE TYPE OR PRINT USING BLACK INK ** LLC (sr. SUBMIT TO: Dept. of Community Developmer 215 Church Ave., P.O. Box 1 130 Oshkosh, Wisconsin 54903 -1130 PHONE: (920) 236 -5059 Date: Petitioner's Address: 13 q -F PA,- k69 A ✓ • City: 05A K o s ), State Zip:5�1- 90 I Telephone #: (I Zo) 42L42 _ Z / 51 Fax: (Q,70) 471,g - q 15 1 Other Contact # or Email: So bER S C a n1a .c Status of Petitioner (Please Check): Owner Representative ❑ Tenant 11 Prospective Buyer am Petitioner's Signature (required): OWNER INFORMATION Owner(s): Date: Date: 10,515,DAKwoad krro#y,E) 5 *46 4 Owner(s) Address: C City: Q 5kye 5A State: Zi 79' K F� vs.� P: 90 Telephone #: Fax: (92P)f 2 6 " 9/5/ Other Contact # or Email: Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership Corporation L L G 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 Service�Division _for incomplete s issions o tth�eyr administrative reasons. Property Owner's Signature:i! �Y `� Date: SITE INFORMATION Address/Location of Proposed Project: 9 Pa C KEG A V • 65h 1,JL Parcel Proposed Project Type: -705o."ya eq.wp D1,273 zo r ?1 o E Current Use of Property: �ty� ,�%A,�r Zoning: /1/( -� Land Uses Surrounding Site: North: South: <0 East: A)1731GC E7_e -CT7C 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 at wNvw.ci.oshkosh.wi.us/ Community _Development /Planning.htm Staff Date Rec'd I 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. SbJmrc � NoT fie � �` A V _7S,1W4 4X /,4,V/D To r par; -W �G��7 7 %b 7?vd- /a mF/YKeSw 7Jfte C 2. Pedestrian and vehicular circulation and safety. Mpeoey 3. Noise, air, water, or other forms of environmental pollution. 7*/*' ©Af"WG -5 A,4& 7- Ut My 6, NTH q-VR*0W 14Qm4.v/9 a i- E`tK'4-_10'7 1CT401-0 &r� ,WC/Ce.= 4,V4-. x i .mac 7NMT QW &AC57A&b 4abrrie — 4. The demand for and availability of public services and facilities. -70Ns /S �lp7- A 1*,p ed A4 1 'An An)­ 15 /--f aZ 5. Character and future development of the area. SUBMITTAL REQUIREMENTS — Must accompany the application to be complete. ➢ A NARRATIVE of the proposed conditional use/Development Plan including: ❑ Existing and proposed use of the property ❑ Identification of all structures (including paving, signage, etc.) on the property and discussion of their relation to the project ❑ Projected number of residents, employees, and/or daily customers ❑ Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one - hundredth of an acre ❑ Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. • Compatibility of the proposed use with adjacent and other properties in the area. • Traffic generation (anticipated number of customers, deliveries, employee shift changes, etc.) ❑ Any other pertinent information to properly understand the intended use /plan and its relation to nearby properties and the community as a whole ➢ A complete SITE PLAN and BUILDINGELEVATIONS must include: ❑ Two (2) full size (minimum 24" x 36 ") scaled and dimensioned prints of site plan and building elevations ❑ Two (2) 8 %z" 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 Soper Transport & Recovery LLC 139 E. Packer Avenue Oshkosh, WI 54901 920 - 233 -4869 May 2, 2016 Soper Transport & Recovery LLC is requesting a conditional use permit for towing and light auto service such as oil changes, tire changes, brakes, and exhaust work. Towing has a fenced in yard for temporary storage. Tow trucks will be stored inside of existing buildings. Any vehicles left in storage after the time limit will be taken to auction for sale or sold to a local scrap yard. Driver on call will be taking tow truck home in case of an emergency. There is parking along the property next to Witzke Electrical at the end of the day. Dump trucks are gone in the morning to job sites. There is 35' feet between the building and property line of existing asphalt on the east side. There is 20' X 38' feet in front of building for customers and office employees of existing asphalt. The dump trucks are stored in a large barn out of town for the winter. We anticipate no adverse effects on properties to the east ( Witzke Electrical) /north (Oshkosh Truck) /west (farm fields) and to south (water run off). Oshkosh Truck's driveway is directly across from ours. Hours of operation are 7:00 am to 5:00 pm, with the exception of the 24 -hour towing. If you need any other questions answered feel free to call 920 - 379 -8444. Thank you. Sincerely, Scott Soper 11 ` o o Soper Transport & Recovery LLC is requesting a conditional use permit for towing and light auto service such as oil changes, tire changes, brakes, and exhaust work. Towing has a fenced in yard for temporary storage. Tow trucks will be stored inside of existing buildings. Any vehicles left in storage after the time limit will be taken to auction for sale or sold to a local scrap yard. Driver on call will be taking tow truck home in case of an emergency. There is parking along the property next to Witzke Electrical at the end of the day. Dump trucks are gone in the morning to job sites. There is 35' feet between the building and property line of existing asphalt on the east side. There is 20' X 38' feet in front of building for customers and office employees of existing asphalt. The dump trucks are stored in a large barn out of town for the winter. We anticipate no adverse effects on properties to the east ( Witzke Electrical) /north (Oshkosh Truck) /west (farm fields) and to south (water run off). Oshkosh Truck's driveway is directly across from ours. Hours of operation are 7:00 am to 5:00 pm, with the exception of the 24 -hour towing. If you need any other questions answered feel free to call 920 - 379 -8444. Thank you. Sincerely, Scott Soper 11 1 �A7c 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. These map(sydatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS' without warranties �a�rr�c 155 i 13 i 95.4' 480.0' N 1 in = 0.01 mi 1 in =50ft Printing Date: 7/1/2015 O.MKUH Prepared by: City of Oshkosh, NI ON THE WATER 7 80 N co co �.I i . 95.4' 480.0' N 1 in = 0.01 mi 1 in =50ft Printing Date: 7/1/2015 O.MKUH Prepared by: City of Oshkosh, NI ON THE WATER 7 c . o z _\ � �b °:�.� o -� c :.` -_ � C R �� ., F A -�_ CUP- Towing Service KLINGER PROPERTIES INC SOPER CONTRACTORS LLC 139 E PACKER AVE 1910 HARRISON ST 10 W 16TH AVE PC: 06 -07 -16 OSHKOSH WI 54901 -2344 OSHKOSH W154902 -6902 JOHN F /SUSAN HAZELBERG 155 E PACKER AVE OSHKOSH WI 54901 -1659 OSHKOSH CORPORATION PO BOX 2566 OSHKOSH WI 54903 -2566 METZLER ENTERPRISES OF OSHKOSH LLC 1821 HARRISON ST OSHKOSH WI 54901 -2341 TRIANGLE MFG CO INC 150 LIBBEY AVE OSHKOSH WI 54901 -1916 PACKER AVENUE PROPERTIES LLC PO BOX 13571 GREEN BAY WI 54307 -3571 RC r'T i d rl J> 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. These maps)ldatasets 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 liability for use or misuse. JAGISFanninMPlan Commission Site Plan Map TemplateRan Commission Site Plan Map Template.mxd N 1 in= 0.04mi 1 in =220ft Printing Date: 5/19/2016 Prepared by: City of Oshkosh, WI QfHKOlH ON THE WATER User..katieb 11 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. These map(s)ldatasets 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 liability for use or misuse.' JAGIS0anninQ\Plan Commission Site Plan Map TemplateRan Commission Site Plan Map Template.mxd N tin= 0.19mi 1 in = 1,000 ft Printing Date: 5/19/2016 Prepared by: City of Oshkosh, W1 QJHK01H ON THE WATER 12 N �� J� �,�'rS�I I 1 in= 0.02mi 1 in =80 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 from a variety of sources. Printing Date: 5/19/2016 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 warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. O.fHKOfH ON THE WATER