HomeMy WebLinkAbout09. 17-507 OCTOBER 24, 2017 17-507 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE CONDITIONAL USE PERMIT TO ESTABLISH AN
OUTDOOR STORAGE USE AT 1850 W. FERNAU AVENUE
INITIATED BY: FELIX AUTO AND TIRE, LLC
PLAN COMMISSION RECOMMENDATION: APPROVED W/ CONDITIONS
BE IT RESOLVED by the Common Council of the City of Oshkosh that a
conditional use permit is hereby granted to establish and outdoor storage use at 1850 W.
Fernau Avenue, per the attached, with the following conditions:
1. The outdoor storage area must be completely enclosed by 8 foot tall solid (at least
90% opaque) fencing.
2. Vehicles and stored items may only be stored on the existing gravel area to the
north of the building. Nothing may be stored in grassed or landscaped areas.
3. The existing gravel area may not be expanded.
4. The facility be in compliance with all required Wisconsin Department of Natural
Resources regulations.
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: October 19, 2017
RE: Approve Conditional Use Permit to Establish an Outdoor Storage Use at 1850 W.
Fernau Avenue (Plan Commission recommends approval)
BACKGROUND
The 3.33 acre site is located in the Northwest Industrial Park and was previously used for
industrial/light manufacturing purposes. The property owner recently received a conditional
land use variance from GOEDC for an auto repair/towing operation at the site. The property
is accessed via two drive entrance/exits from W. Fernau Avenue. The site has one structure
totaling 10,200 sq. ft. and has a roughly 28,000 sq. ft. paved parking/drive area and 20,000 sq.
ft. graveled area to the rear (north) of the building. There is an existing 7 ft. tall, 10% opaque,
slated fence that runs east from the northeast corner of the building to the property line, west
from the northwest corner of the building to the property line, and along the west property
line in the rear yard.
ANALYSIS
The petitioner is requesting approval of a conditional use permit to allow the use of the
existing gravel area to the north of the building for storage of customers' vehicles. The
proposed storage area will be comprised of 50 stalls for the storage of abandoned or wrecked
vehicles that would be towed to the property and stored temporarily until transferred to
another facility for repairs or salvage. The existing automobile service use is already
established and the conditional use permit is necessary as the outdoor storage area will exceed
500 square feet in area. The site currently has existing fencing and the petitioner is proposing
to install additional fencing to completely enclose the storage area. The existing fencing will
need to be modified or replaced to meet the requirements of the zoning ordinance of 8 feet in
height and 90% opaque as well as additional screening installed on the west and north sides to
completely enclose the stored materials from view. The proposed outdoor storage use should
not be detrimental to the surrounding area and does not require any additional pavement area
as a previously used parking area will be utilized. Staff is recommending approval of the
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
request with the conditions of that the area be screened in accordance with the ordinance
requirements within the existing gravel area which may not be expanded.
FISCAL IMPACT
Approving the conditional use as requested will not substantially change the make-up of the
area nor require any additional city services to serve the site and thus should have no fiscal
impact on the provision of city services.
RECOMMENDATION
The Plan Commission recommended approval of the conditional use permit with conditions at
its October 17, 2017 meeting.
Respectfully Submitted,
Darryn Burich
Director of Planning Services
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
ITEM: CONDITIONAL USE PERMIT REQUEST TO ESTABLISH AN OUTDOOR
STORAGE USE AT 1850 W FERNAU AVENUE
Plan Commission meeting of October 17, 2017
GENERAL INFORMATION
Applicant/Property Owner: Eric Felix, Felix Auto and Tire, LLC
Action(s) Requested:
The applicant is requesting a conditional use permit to establish an outdoor storage use on a previously
developed lot.
Applicable Ordinance Provisions:
Outdoor Storage land uses are permitted only through a conditional use permit in the HI Heavy
Industrial District as regulated in Section 30-62 (C) of the Zoning Ordinance. Criteria used for
Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance.
Property Location and Background Information:
The 3.33 acre site is located in the Northwest Industrial Park and was previously used for
industrial/light manufacturing purposes. The property owner recently received a conditional
land use variance from GOEDC for an auto repair/towing operation at the site.
The property is accessed via two drive entrance/exits from W. Fernau Avenue. The site has one
structure totaling 10,200 sq. ft. and has a roughly 28,000 sq. ft. paved parking/drive area and
20,000 sq. ft. graveled area to the rear (north) of the building. There is an existing 7 ft. tall, 10%
opaque, slated fence that runs east from the northeast corner of the building to the property
line, west from the northwest corner of the building to the property line, and along the west
property line in the rear yard.
Subject Site:
&isti4
Lana Use
Zoning
Auto Repair
HI
Adjacent Land Use and Zoning:
Comprehensive Plan Land UseRecommendation
Land Use
10 -Year Recommended Land Use Plan
Industrial
20 -Year Recommended Land Use Plan
Industrial
ANALYSIS
The petitioner is requesting approval of a conditional use permit to use the existing gravel area
to the north of the building for storage of customers' vehicles. The outdoor storage area will
exceed 500 sq. ft. in area, and therefore will require a conditional use permit. According to the
applicant, the outdoor storage area will be approximately 50 stalls and will contain abandoned
or wrecked vehicles that would be towed to the property and stored until all legal obligations
are met. The vehicles would then be transferred to another facility for repairs or salvage.
Hours of operation for the business are between 7:00 am and 6:00 pm Monday to Friday and
8:00 am to 1:00 pm on Saturday. The operation includes automobile repair, 24-hour vehicle
lockout service, jump starting and towing, as well as 24-hour emergency towing related services
for area law enforcement. All scrap metal and parts will be stored inside the facility in
appropriate bins for recycling through local salvage facilities. All service work performed on
site will be indoors.
The existing 10,200 sq. ft. building includes a restroom and 1,100 sq. ft. waiting area. The
petitioner has indicated that there are no plans to modify the building. The site currently has a
7 ft. tall chain-link, 10% opaque, slated fence on the southeast and west sides of the proposed
storage area and an existing gate on the east side of the building. The petitioner will be
installing additional fencing to completely enclose the storage area.
The zoning ordinance requires that all outdoor storage areas be enclosed by any permitted
combination of buildings, structures, walls, and solid fencing (at least 90% opaque). Such walls
and fencing shall be a minimum of 8 ft. in height and shall be designed to completely screen all
stored materials from non -industrialized areas. The existing fencing will need to be modified or
replaced to meet this requirement and additional screening installed on the west and north
sides of the storage area so that it is completely enclosed.
Staff is in support of the proposed outdoor storage use as the use should not be detrimental to
the surrounding area, provided the required screening is installed around the storage area.
Along with this, the proposed storage area does not require any additional building/pavement
area to be installed and previously used parking/storage area will be utilized. Staff is
recommending conditions that the outdoor storage area be screened in accordance with the
outdoor storage land use requirements in Section 30-81(B)(1), all vehicles/items be stored on the
existing gravel area, and the gravel area may not be expanded.
Item — CUP/Outdoor Storage —1850 W Fernau
RECOMMENDATION/CONDITIONS
Staff finds that the request for a conditional use permit is consistent with Section 30-382 of the
zoning ordinance and recommends approval with the following conditions:
1. The outdoor storage area must be completely enclosed by 8 foot tall solid (at least 90%
opaque) fencing.
2. Vehicles and stored items may only be stored on the existing gravel area to the north of
the building. Nothing may be stored in grassed or landscaped areas.
3. The existing gravel area may not be expanded.
The Plan Commission approved the conditional use permit as requested with conditions noted.
The following is the Plan Commission's discussion on this item.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. He reviewed the existing conditions on the subject
site and discussed the addition of the outdoor storage area and its placement on the site and its
purpose. He reviewed the site plan and the conditions recommended for this request.
Mr. Borsuk stated that adding storage for up to 50 spaces for vehicles should go back to the
GOEDC committee that approved it as the use and intensity is different than what was
originally approved. He also questioned if this use would comply with the SIC code.
Mr. Lyons responded that GOEDC was aware of this use when the original variance was
approved.
Kimberly Land, representing GOEDC, stated that the use received a variance from the
committee.
Mr. Borsuk stated that he did not recall the outdoor storage use being part of the approval.
Ms. Land responded that they approved a variance for the automobile use and that there would
be vehicles stored behind a fenced area is the only difference but is still acceptable.
Mr. Borsuk continued discussion on the SIC code and its related requirements regarding storm
water management issues and pollution control.
Mr. Thoms commented that the Commission has approved other storage facilities in the past
without discussing these criteria.
Mr. Borsuk reiterated that the use was not approved by GOEDC in the Industrial Park for this
purpose in his opinion and continued to discuss pollution controls and plans that he felt should
be in place to address these issues.
Item — CUP/Outdoor Storage —1850 TV Fernau
Mr. Gohde indicated that facilities of this nature are regulated by the Wisconsin Department of
Natural Resources who require the appropriate permits and plans to address these concerns.
Mr. Borsuk requested to add a condition to the request to address that the site is in compliance
with DNR regulations.
Motion by Vajgrt to approve a conditional use permit to establish an outdoor storage use at 1850
W. Fernau Avenue with the following conditions:
1. The outdoor storage area must be completely enclosed by 8 foot tall solid (at least 90% opaque)
fencing.
2. Vehicles and stored items may only be stored on the existing gravel area to the north of the
building. Nothing may be stored in grassed or landscaped areas.
3. The existing gravel area may not be expanded.
4. The facility be in compliance with all required Wisconsin Department of Natural Resources
regulations.
Seconded by Bowen. Motion carried 8-0-1. (Abstained-Thoms)
Item — CUP/Outdoor Storage —1850 W Fernau
SUBMIT TO:
City of Oshkosh Application Dept, of Community Development
city
215 Church Ave., P.O. Box 1130
of Conditional Use Permit Oshkosh, Wisconsin 54903-1130
Oshkosh PHONE: (920) 236-5059
"PLEASE TYPE OR PRINT USING BLACK INK"
APPLICANT INFORMATION
Petitioner: FP_V"/` O� rL^A �'„ye L -ti-- C- Date: 9-12- - I
Petitioner's Address: (650 tc, r4yle City: State: WC_ Zip: Sym I
Telephone #: (92p) 2.6'1- f333uI Fax: (
Other Contact # or Email: Pelt)( I&ficlel►usGtTma
Status of Petitioner (Please Check): /I40wner ❑ Representative 0 Tenant ❑ Prospective Buyer
Petitioner's Signature (required): `''L2 Date: " tY
OWNER INFORMATION
Owner(s): G,',- RAA" h Date:
Owner(s) Address:, 411tA JZ eA City: D9E&kb State:t-c7 � Zip:
Telephone #: (e?%O ) !A 1- b T3 D'I Fax: (
Other Contact # or Email: 0.;:;)e0v\-C
Ownership Status (Please Check): W. Individual ❑ Trust ❑ Partnership ❑ 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.
c
Property Owner's Signature:
Date: Pt " 'Z-` I I
SITE INFORMATION
Address/Location of Proposed Project: 19;5c) W VCrA0,0 pAt c- t sggo
Proposed Project Type:
Current Use of Property:
Land Uses Surrounding Your Site:
North:
South:
East: �
West: C.c.,-r.� 1b
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"Please note that a meeting notice will be mailed to all abutting property owners regarding your request,
➢ It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal.
➢ Application fees are due at time of submittal, Make check payable to City of Oshkosh.
➢ Please refer to the fee schedule for appropriate tee. FEE IS NON-REFUNDABLE
For more information please the City's website at www.cl,oshkosh.wi,us/Community_Development/Planning.htm
Staff Date Rec'd
4
Briefly explain how the proposed conditional use will not have a negative effect on the Issues below.
1. Health, safety, and general welfare of occupants of surrounding lands.
2. Pedestrian and vehicular circulation and safety.
n0���
3. Noise, air, water, or other forms of environmental pollution.
4. The demand for and availability of public services and facilities.
5. Character and future devel pment of the area.
CAAov Q "-e C; -- c't il
SUBMITTAL REQUIREMENTS —Must accompany the application to be complete.
➢ A narrative of the proposed conditional use and project including:
❑ Proposed use of the property
❑ Existing use of the property
❑ Identification of structures 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.
❑ Surrounding land uses
❑ Compatibility of the proposed use with adjacent and other properties in the area.
❑ Traffic generation
❑ Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties
A complete site plan including:
❑ Two (2) full size (24" x 36") scaled and dimensioned prints of site plan and building elevations
❑ Two (2) 8'/s" x 11 (minimum) to 11" x 17" (maximum) reduction of the building elevations and site plan
❑ 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, if different
❑ Full name and contact information of petitioner's engineers/surveyors/architects, or other design professionals used In
the plan preparation
❑ The date of the original plan and latest date of revision to the plan
❑ A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1 "=60') unless
otherwise approved by the Department of Community Development prior to submittal
❑ All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled
❑ All required building setback and offset lines
❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks,
patios; fences, walls
❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for construction
❑ 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 30-175 City of Oshkosh Zoning
Ordinance
❑ Location and dimension of all loading and service areas on the subject property
❑ 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
.,%. �_
Felix Auto and Tire LLC
1850 W. Fernau Ave
Oshkosh, WI 54901
Date: October 2, 2017
To: City of Oshkosh
Department of Community Development
215 Church Ave, P,0, Box 1130
Oshkosh, WI 54903-1130
For: Proposed site for existing towing and auto repair business at 1850 W. Fernau Ave.
This proposal is to accompany our application to the City of Oshkosh for the requested
conditional use permit to enclose existing fence.
Felix Auto and Tire LLc is requesting a conditional use permit at 1850 W. Fernau Ave, to
continue business in the automotive repair and towing. The existing fenced in yard will be
enclosed and allow for temporary vehicle storage to help expand business.
Site Data
Fenced in area 122,500 sqft 0.89 acres
The building has an existing restroom, and 1,100 sqft of waiting area. We do not need to modify
the building from it's current configuration for our operations. The service area will allow for the
growth of our business. This facility has room for tow truck parking on the north side of the
building out of site. The existing fenced area would contain abandoned or wrecked vehicles.
The vehicles are towed to the property and stored until all legal obligations are met and then
transferred to another facility for repairs or salvage.
Our current staff comprises 5 full time employee. We believe we will have 20-25 customers a
day and 50-100 phone calls.
The set back of the building allows easy traffic flow without any blind spots. All traffic will enter
off W. Fernau Ave, which is the only entrance. The traffic to and from the proposed site should
not be any greater than the adjacent businesses to the east and west including an automobile
repair shop and towing.
We anticipate there will be no adverse effects to surrounding properties due to glare, odor,
fumes, or vibrations since this property has functioned as similar business in the past. Hours of
operation will be from lam to 6pm Monday to Friday. 8am to 1 pm on Saturday. The towing
service operates 24 hours a day. The driver will take the tow truck home at night and return at
lam. All scrap metals and parts will be stored inside.the facility in appropriate bins for recycling
through local salvage facilities. All service work performed on site will be indoors.
E
We will use existing gravel parking lot, driveway, and existing fenced in area to keep customer's
cars secure. The existing gates will be used, one on the east side. Each are drive through and
face south. The storage area would be approximately 50 stalls. We will be enclosing the existing
fence.
We feel our business is very compatible with the surrounding properties. We will buy parts from
local part store. We will service many people in the area's residential neighborhoods by
providing a wide range of services including, automobile repair, 24 hour vehicle lockout service,
jump starting and towing. We will provide 24 hour emergency towing related services for area
law enforcement including, Oshkosh Police Department, University of Oshkosh Security,
Winnebago County Sheriff Department and the Wisconsin State Patrol. We will also provide
towing for many neighboring repair facilities and commercial businesses. It is our intention to
bring something positive to the immediate area.
Felix Auto and Tire LLC would be happy to provide any additional information and answer
questions or concerns. Please call Eric Felix at 920-267-8334 or e-mail at
felixautoandtowing@gmail.com
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City of Oshkosh maps and data are intended to be used for general identification
purposes only, and the City of. Oshkosh assumes no liability for the accuracy of the
information. Those using the information are responsible for verifying accuracy. For
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CUP GENERAL NUMBER ONE LLC WINNEBAGO COUNTY
1850 W FERNAU AV PO BOX 4167 PO BOX 2808
PC; 10-17-17 OLATHE KS 66063 OSHKOSH WI 54903
FELIX PROPERTIES LLC
ATTN ERIC FELIX
4809 RIPON PL
OSHKOSH WI 54904
FELIX AUTO AND TIRE LLC
1850 W FERNAU AV
OSHKOSH WI 54901
WINNEBAGO COUNTY SOLID WASTE
100 W COUNTY ROAD Y
OSHKOSH WI 54901
CORRIM COMPANY LLC
1870 STILLMAN DR
OSHKOSH WI 54901
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information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh
www.cl.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI