HomeMy WebLinkAbout23. 18-594 DECEMBER 11, 2018 18-594 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
REFER BACK TO PLAN COMMISSION FOR FURTHER REVIEW&RECOMMENDATION
PURPOSE: APPROVE SPECIFIC IMPLEMENTATION PLAN AMENDMENT
REQUEST FOR VEHICLE SALES AT 1911 WEST SNELL ROAD
INITIATED BY: LORENZ RANGELOFF
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, the applicant would like to amend the previously approved Specific
Implementation Plan for vehicle sales at 1911 W. Snell Road; and
WHEREAS, the Plan Commission finds that the planned development for vehicle
sales at 1911 W. Snell Road is consistent with the criteria established in Section 30-
387(C)(6) of the Oshkosh Zoning Ordinance; and
NOW THEREFORE BE IT FURTHER RESOLVED by the Common Council of the
City of Oshkosh that the amendment to the specific implementation plan for the planned
development for vehicle sales at 1911 W. Snell Road, per the attached, is hereby approved
with the following conditions:
1. Base Standard Modification is granted for reduction in the transition yard on the
west property line from 17.5' to 10' as granted as part of the 2006 approval.
2. Site/Business is maintained and operated per the submitted plan. There shall be
no expansion of or change of uses on-site without further approval through the
Planned Development process.
3. Outside storage of parts, fluid, tires, inoperable/unlicensed vehicles and other
automotive service related items shall be prohibited in all areas other than the
approved enclosed storage area. No outdoor storage shall be permitted outside of
the approved enclosed storage area.
4. Towing-related fleet vehicles are limited in parking location to under the existing
metal canopy, between the canopy and the building or in the screened storage
areas as per the 2006 approval.
5. Driveway, access drives and parking shall be brought up to city standards for hard
surfacing per section 30-175(S), examples are concrete or asphalt.
DECEMBER 11, 2018 18-594 RESOLUTION
CONT'D
6. Outdoor storage area shall be fully screened with an 8' solid code compliant fence
per section 30-81(B), examples are wood, vinyl or pre -woven galvanized and/or
coated chain link that is at least 90 percent opaque. Final fence elevations to be
reviewed and approved by the Plan Commission.
7. Site is limited to 21 vehicle sales spaces and those spaces shall be identified by on
site signage.
8. Applicant shall provide a fully dimensioned and scaled parking lot plan to Plan
Commission for final approval of the parking lot plan.
9. Parking lot shall be striped in accordance with the approved site plan.
10. No parking shall be permitted outside of the legally established and striped spaces
as approved as part of the site plan
11. Applicant shall provide storm water management once 20,000 sq. ft. of total
disturbed area is reached.
12. Site shall either be brought into conformance with the 2008 landscaping plan or
meet the current landscaping code requirements for paved area, street frontage
and yards.
13. The building addition shall be constructed of the same type and color of materials
as the existing building. Final building addition elevations to be reviewed and
approved by the Plan Commission.
14. Outdoor storage area plan shall be to be reviewed and approved by the Plan
Commission.
15. All vehicles in parking spaces shall in be operable condition for safe and legal
performance on public right-of-way.
16. All semi -tractors, semi -trailers and towed vehicles shall be stored within the
approved enclosed storage area.
17. Permitted use shall be limited to; auto & truck repair, auto service, towing, auto
parts sales and auto sales. For purposes of clarification, auto salvage is not a
permitted use and vehicles shall not be dismantled and sold for parts on the
property.
18. No vehicle of any type shall be kept in the enclosed outdoor storage area for a
period of time exceeding 6 months. The enclosed outdoor storage area shall not
function as a salvage yard and shall not store vehicles that are being sold for parts
or scrap.
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: December 5, 2018
RE: Approve Specific Implementation Plan Amendment Request for Vehicle Sales at
1911 West Snell Road (Plan Commission Recommends Approval)
BACKGROUND
The subject site consists of an approximate 5.83 acre parcel located on the southwest corner of
Interstate 41 and W. Snell Road with a zoning designation of Urban Industrial with a Plan
Development Overlay (UI -PD). The property contains a 13,863 square foot auto service garage
(Loren's Truck Plaza) and associated parking area including a roughly 1,900 square foot canopy.
The surrounding area consists predominately of undeveloped industrial land and commercial
uses as well as a mobile home park to the north. The subject property was previously used as a
truck stop operation (Collins Truck Stop) that also included some outdoor tractor trailer storage
that was annexed in 1994.
On February 14, 2006, Common Council approved a Conditional Use Permit (CUP) and Planned
Development amendment to expand the existing truck stop operation to include used
automobile sales. The CUP was valid for two years with conditions. On February 14, 2008, the
CUP for automobile sales expired. On March 11, 2008, Common Council denied a CUP request
to renew the expired CUP for automobile sales. On November 25, 2008, the Common Council
approved a planned development amendment allowing relocation of the existing ground sign
and a fence on the property as well as construction of a new driveway and an addition to the
existing building with the conditions. In May 2017, Planning Services issued a correction notice
to the property owner for storage of unregistered, unlicensed/inoperable vehicles being stored
in the open on the site.
In response to the correction notices, the petitioner is requesting approval of a Specific
Implementation Plan (SIP) amendment to expand the existing truck stop use to include
automobile sales. Additionally, the request also includes a 50' X 50' building addition as well
as a request to expand the fenced in outdoor storage area by approximately 39,000 square feet
which would essentially double the size of the outdoor storage area. The petitioner is also
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
requesting to expand the uses on the site to all those listed in the Urban Industrial (UI) Zoning
District.
ANALYSIS
The proposed development consists of an existing approximately 13,900 square foot auto/truck
repair shop, parts sales and towing service. The applicant is also requesting to add auto /truck
sales as a permitted use. Auto sales is a permitted use in the underlying zoning district and staff
feels the use can be appropriate if it is operated in compliance with existing zoning regulations
and under the conditions as proposed. A condition such as "all vehicles in parking spaces shall
be in operable condition for safe and legal performance on public right-of-way" should address
the junked vehicle issue.
The applicant is also proposing to increase the size of the outdoor storage area. The 2008
approved site plan included approximately 1 acre of fenced outdoor storage area. The applicant
is now proposing to expand that area by approximately 39,000 square feet which would nearly
double the size of the outdoor storage area. The outdoor storage area would be fenced with an
8' high metal fence to match the existing 6' high metal fence. The applicant was previously
granted a Base Standard Modification (BSM) to use a 6' high metal fence to enclose the outdoor
storage area. The applicant is requesting to be allowed to use similar fencing around the
proposed outdoor storage expansion. However, staff is not in support of this request as the
newly proposed outdoor storage area will have greater visibility from the surrounding
properties and Interstate 41. Staff recommends a condition requiring the new fence to meet the
current screening requirements for outdoor storage, including an 8' solid fence.
The applicant's narrative also requests approval of all permitted uses in the Urban Industrial
(UI) zoning district, which would greatly expand the amount of uses that are currently approved
at the site. The currently approved uses include: towing, auto repair, part sales and enclosed
outdoor storage. Additionally, the site contains a historic use of outdoor tractor trailer storage.
As the property is operating under a previously approved Planned Development, the applicant
is restricted to only those uses that were approved as part of those approved plans and staff is
not recommending any expansion of those uses beyond that of auto sales.
Staff is also concerned about nearly doubling the size the outdoor storage area and is
recommending conditions related to the applicant being required to develop a plan for use of
the storage area as well as limiting the amount of time vehicles may be kept in the outdoor
storage area to 6 months. Doubling the size of the storage area should allow the trailers to be
moved to the enclosed area and staff is recommending a condition that "all semi -tractors, semi-
trailers and towed vehicles shall be stored within the approved enclosed storage area."
Because of staff concerns about the property potentially functioning as an unapproved salvage
yard, staff is recommending a clarifying condition stating that auto salvage is not an approved
use nor should vehicles be dismantled and sold on the property.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
The numerous conditions that are recommended for this request reflect ongoing concerns with
how the subject property is being used and its appearance in this highly visible corridor. The
oftentimes haphazard unscreened placement of vehicles, junked vehicles and parts across the
site leads to a perception that the site is a junk yard. City staff (e.g. Planning, Inspections, Fire)
have spent numerous hours working on compliance issues at the site. However, if the site
operates per the previously approved plans and per the conditions currently being
recommended, many of the concerns raised about the site should be addressed. Additionally,
approving the request as conditioned, going forward the applicant should have a clear
understanding of what is expected at the site.
FISCAL IMPACT
If approved, there may be a nominal increase in assessed value from any improvements such as
the building addition or fence.
RECOMMENDATION
The Plan Commission recommended approval of a Specific Implementation Plan amendment
with conditions at its December 4, 2018 meeting.
;Respe fully Submitted,
Darryn Burich
Director of Planning Services
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
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Plan
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19
ITEM: SPECIFIC IMPLEMENTATION PLAN AMENDMENT REQUEST FOR VEHICLE
SALES AT 1911 WEST SNELL ROAD
Plan Commission meeting of December 4, 2018.
This item was laid over from November 20, 2018 meeting.
GENERAL INFORMATION
Owner/Petitioner: Lorenz Rangeloff
Action(s) Requested:
The applicant requests approval of a Specific Implementation Plan Amendment for vehicle sales at
1911 W. Snell Road.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Background Information Property Location and Type:
The subject site consists of an approximate 5.83 acre parcel located on the southwest corner of Interstate
41 and W. Snell Road and has a zoning designation of Urban Industrial with a Plan Development
Overlay (UI -PD). The property contains a 13,863 sq. ft. auto service garage (Loren's Truck Plaza) and
associated parking area including a roughly 1,900 sq. ft. canopy.
The surrounding area consists predominately of undeveloped land and commercial uses and a mobile
home park to the north. The 2040 Comprehensive Land Use Plan recommends industrial use for the
subject site.
Subiect Site
Existin Land Use
Zoning
Commercial
UI -PD
Adjacent Land Use and Zoning
Existing Uses
Zoning
._North...__....Mobile
home..... ..._..... __...—_..._
South
._......_.._.........._........an—._....__.........__..............._..........._.._...__..._..........................._....._
............ --- ............. ............ -----...................
Vacant/undeveloped pe
..._MH_9-PD..................__...........
UI -PD
-East ......_.._.._.._Agriculture/undevelo_ped
... _.... ......... _................_........._........__..._................_....._A-1
..........................._....._._........._................._......_....__.................
(CountYL........._...._............_._..._.._.........._.__........_...
West
Vacant/undeveloped
UI -PD
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Industrial
Item— SIP Amendt 1911 WSnellRd
On February 14, 2006, Common Council approved a Conditional Use Permit (CUP) and Planned
Development amendment to expand the existing truck stop operation to include used automobile sales.
The CUP was valid for two (2) years with the following conditions:
1. The conditional use permit be valid for a period of two (2) years from its date of approval by the
Common Council, at which time the site and uses be fully reviewed for compliance.
2. Base code modification is granted for reduction in the transition yard on the west property line
from 17.5 ft. to 10 feet.
3. Site/business is maintained and operated per the submitted site plan. There is no expansion of
the "historic' uses on-site without prior approval.
4. Outside storage of parts, fluids, tires and other automotive service related items shall be
prohibited in all areas other than enclosed storage.
5. A landscape plan be submitted with a planting schedule identifying specie types and quantities
for Department of Community Development review and approval.
6. An example and depiction of the proposed fencing of the tow storage area be submitted to the
Department of Community Development for review and approval.
7. A statement explaining the scope of work to be done on the existing structure be submitted to
the Department of Community Development for review and approval.
8. Towing -related fleet vehicles are limited in parking location to under the existing metal canopy,
between the canopy and the building or in the screened storage areas.
9. Base code modification is granted to allow a metal fence, with fencing to be approved by the
Department of Community Development.
On February 14, 2008, the CUP for automobile sales expired. On March 11, 2008 Common Council
denied a CUP request to renew the expired CUP for automobile sales.
On November 25, 2008, Common Council approved a planned development amendment allowing for
relocation of the existing ground sign and a fence on the property, as well as construction of a new
driveway and an addition to the existing building with the following conditions:
1. Building materials of the proposed building addition meet the Highway 41 Corridor Overlay
Zoning District standards.
2. Landscaping is installed to meet Zoning Ordinance parking lot perimeter standards for
manufacturing areas on the south and east property lines.
3. Approve the proposed relocation of the sign, in compliance with code standards.
4. Approve establishment of a new driveway, in compliance with code standards.
5. Approve fence relocation, in compliance with code standards.
ANALYSIS
In May 2017, Planning Services issued a correction notice to the property owner for storage of
unregistered, unlicensed/inoperable vehicles being stored in the open on the site. The petitioner
subsequently submitted an application for Specific Implementation Plan (SIP) amendment to expand
the existing truck stop use to include automobile sales. The request also includes a 50' X 50' building
addition as well as fencing for additional outdoor storage area.
Item I -SIP An:ndt for 1911 IVSnell Rd
Use
The proposed development consists of an existing approximately 13,900 sq. ft. auto / truck repair shop
and towing service. The applicant is proposing to add an additional 50'X 50' building addition. The
applicant is also requesting to add auto / truck sales as a permitted use. The applicant's narrative
requests approval of all permitted uses in the Urban Industrial district. Based on the property owner's
history of zoning violations, staff is recommending a condition be placed restricting the applicant to
only those uses as described within the planned development application and narrative. Those uses as
identified by the applicant are; auto & truck repair, auto service, towing, auto parts sales and auto
sales. Staff has additional concerns with the applicant's stated use of parts sales. Staff is concerned the
applicant intends to operate an auto salvage facility and sell salvaged auto parts. Staff recommends a
condition be placed limiting the length of time a vehicle may be kept in the enclosed outdoor storage
area to 6 months. The applicant is requesting 42 stalls for sales. The applicant is also proposing to
increase the size of its outdoor storage area. The 2008 approved site plan included approximately 1
acre of fenced outdoor storage area. The applicant is proposing to expand that area by approximately
39,000 sq. ft. nearly doubling the existing outdoor storage area. The outdoor storage area would be
fenced with an 8' steel fence that match the existing fence. The applicant was previously granted a Base
Standard Modification (BSM) to use an 8' metal fence to enclose their outdoor storage area. The
applicant is requesting to be allowed to use similar fencing around the proposed outdoor storage
expansion. Staff is not in support of this request. The newly proposed outdoor storage area will have
greater visibility from the surrounding properties and Interstate 41. Staff recommends a condition
requiring the new outdoor storage area fence meets the screening requirements for outdoor storage,
including an 8' solid fence.
The applicant has established a history of being unable or unwilling to follow through with the
conditions placed on his site related to outdoor storage. Due to this fact, staff is recommending the
applicant be required to bring a written narrative and detailed outdoor storage plan back to Plan
Commission for final approval prior to being permitted to increase the size of the existing outdoor
storage. The written narrative and detail plan shall outline types of items to be storage, length of time
the items shall be stored and what types of items will be stored in each storage area. The applicant is
not approved to be operating a junkyard or salvage yard and historically air photos indicate many of
the items being stored have not been moved in several years. If this is the case, the applicant would be
operating a junkyard or salvage yard without the required approvals and not the auto repair business
he has indicated in his Planned Development application. Below is a copy of the approve site plan
from 2008. The approved plan identified a specific area along the west side of the building for outdoor
storage. Following that is an aerial photo from 2015 showing the outdoor storage area.
Item I —SIP Amndt for 1911 6V Snell Rd
Item I —SIP Amndt for 1911 W Snell Rd
Staff is also recommending the applicant be required to repair the existing metal fence. A portion of
fence is missing along the northwest corner and is no longer shielding the existing outdoor storage area
from view of the adjacent properties or right-of-way. Below is a picture showing the missing fencing.
Item I --SIP Anindt for 1911 JV Snell Rd
Site Design/Access
The site is accessed from a single driveway on W. Snell Road. No additional access points are included
as part of this request. The applicant failed to construct the existing driveway to city standards when it
was done as part of the prior approval. Therefore, staff is recommending a condition be placed
requiring the existing driveway to be brought up to city standards for hard surfacing. A portion of the
access drive along the western and southern portion of the site is also not hard surfaced per city code
requirements. Staff also recommends that all access drives be brought into conformance with city
standards.
The applicant indicates a total of 68 parking spaces on site. The applicant is proposing to use spaces
labeled 1-8 for customer parking, 9-45 for vehicle sales and 45-68 for shop vehicles, customer parking
and tow trucks. The zoning ordinance requires 1 parking spaces per 300 sq. ft. of building devoted to
vehicle services and repair. It also requires 1 parking space per 300 sq. ft. of office space. Vehicles sales
requires 1 space per 3,000 sq. ft. outdoor display area. According to the applicant, the building consists
of 7,000 sq. ft. of shop space, equaling 23 required parking spaces and 6,000 sq. ft. of office space,
equaling 20 parking spaces. The applicant indicates approximately 12,000 sq. ft. of outdoor vehicle
display area, equaling 4 required parking spaces.
Item I -SIP Ann:dt for 1911 JV Snell Rd
The applicant is proposing to dedicate only 26 of the 68 parking spaces on site for employee, customer
and shop vehicle use. The applicant does not define what constitutes a shop vehicle. Code requires a
total of 47 employee and customer spaces per the uses and size of those uses indicated by the applicant.
If 47 of the 68 spaces on site are required to meet the zoning ordinance for parking, only 21 spaces
remain for vehicles sales. Staff recommends a condition limiting the applicant to only 21 vehicle sales
spaces and the applicant be required to identify those spaces through on site signage. Staff further
recommends a condition be placed limiting parking on the site to only those legally establish and
striped spaces as approved as part of the site plan and no other parking / storage shall be permitted
outside of the approved spaces.
Presently, the parking area is not stripped in accordance with the provided plan. Staff recommends the
applicant be required to fully stripe the parking area in compliance with the approved plan. Further,
the plan as presently proposed does not appear to meet all the dimensional requirements for parking
stalls and access drives and the spaces indicated vary in size. Staff recommends the applicant be
required to provide a fully dimensioned and scaled parking lot layout plan back to plan commission
for final approval.
Storm Water Management/Utilities
No storm water management plans have been submitted at this time. Department of Public Works has
indicated that the proposed 50' X 50' building addition would not require storm water management at
this time. However, once a cumulative 20,000 sq. ft. of disturbed area is reached the site will have to
come into compliance with the City's Stormwater Ordinance (Chapter 14). The additional paving
being required to bring the site into conformance with the ordinances' driveway and access drive
standards will trigger additional stormwater requirements.
Landscaping
The applicant provided a full landscaping plan as part of the 2008 CUP request. That plan included
significant landscaping improvements to the site, including additional trees and shrubs. The majority
of that landscaping was either never installed or has not been maintained. Below are copies of that site
plan and current proposed site plan.
Item I —SIP Amndt for 1911 WSnell Rd 7
2008 Site Plan
ItemI—SIPAnindtforl9l] WSnellRd 8
m
2018 Proposed Site Plan
The current plan indicates significantly fewer trees and none of the previous shrubs are shown. On the
current plan the applicant also indicates landscaping which is not located on their parcel. No
landscaping is being shown along the western property line at this time. Staff recommends a condition
be placed requiring the applicant to either bring the site into conformance with the 2008 landscaping
plan or meet the current landscaping code requirements for paved area, street frontage and yards.
Current code requirements would be 30 paved area landscaping points per 10,000 sq. ft. of paved area,
Item7—MPAn:ndtfor1911 WSneIIRd 9
30 street frontage landscaping points per 100' of street frontage and 30 yards landscaping points per
1,000 square feet of gross floor area all buildings.
Signage
No additional signage had been indicated on the provided plans. Staff is recommendation a condition
requiring the applicant to remove the existing empty sign structure. Section 30-311 (F) of the zoning
ordinance requires the removal of signs that are not being properly maintained.
Building Facades
The applicant has not provided elevations for the building addition. The applicant states it will be
constructed of the same materials as the existing building. Final building elevations will be reviewed
and approved as part of the Site Plan Review process.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends the Plan Commission make the following findings based on
the criteria established by Chapter 30-387 (C)(6):
(a) The proposed Planned Development project is consistent with the overall purpose and intent
of this Chapter.
(b) The proposed Planned Development project is consistent with the City's Comprehensive
Plan and other area plans. (It is the responsibility of the City to determine such consistency.)
(c) The proposed Planned Development project would maintain the desired relationships
between land uses, land use densities and intensities, and land use impacts in the environs of
the subject site.
(d) Adequate public infrastructure is or will be available to accommodate the range of uses
being proposed for the Planned Development project, including but not limited to public sewer
and water and public roads.
Item I—SIPAfmtdt for 1911 W Snell Rd 10
(e) The proposed Planned Development project will incorporate appropriate and adequate
buffers and transitions between areas of different land uses and development
densities/intensities.
(f) The proposed Planned Development project design does not detract from areas of natural
beauty surrounding the site.
(g) The proposed architecture and character of the proposed Planned Development project is
compatible with adjacent/nearby development.
(h) The proposed Planned Development project will positively contribute to and not detract
from the physical appearance and functional arrangement of development in the area.
(i) The proposed Planned Development project will produce significant benefits in terms of
environmental design and significant alternative approaches to addressing development
performance that relate to and more than compensate for any requested exceptions/base
standard modifications variation of any standard or regulation of this Chapter.
(j) For Planned Development projects that are proposed to be developed in phases, the applicant
can provide a timeline for development and can demonstrate that the project would be
successful even if all phases were not or could not be completed.
Staff recommends approval of the Specific Implementation Plan amendment with the findings listed
above and the proposed following conditions:
1. Base Standard Modification is granted for reduction in the transition yard on the west property
line from 17.5' to 10' as granted as part of the 2006 approval.
2. Site/Business is maintained and operated per the submitted plan. There shall be no expansion of
or change of uses on-site without further approval through the Planned Development process.
3. Outside storage of parts, fluid, tires, inoperable/unlicensed vehicles and other automotive
service related items shall be prohibited in all areas other than the approved enclosed storage
area. No outdoor storage shall be permitted outside of the approved enclosed storage area.
4. Towing -related fleet vehicles are limited in parking location to under the existing metal canopy,
between the canopy and the building or in the screened storage areas as per the 2006 approval.
5. Driveway, access drives and parking shall be brought up to city standards for hard surfacing
per section 30-175(S), examples are concrete or asphalt.
6. Outdoor storage area shall be fully screened with an 8' solid code compliant fence per section
30-81(B), examples are wood, vinyl or pre -woven galvanized and/or coated chain link that is at
least 90 percent opaque. Final fence elevations to be reviewed and approved by the Plan
Commission.
7. Site is limited to 21 vehicle sales spaces and those spaces shall be identified by on site signage.
8. Applicant shall provide a fully dimensioned and scaled parking lot plan to Plan Commission
for final approval of the parking lot plan.
9. Parking lot shall be striped in accordance with the approved site plain.'
10. No parking shall be permitted outside of the legally established and striped spaces as approved
as part of the site plan
11. Applicant shall provide storm water management once 20,000 sq. ft. of total disturbed area is
reached.
12. Site shall either be brought into conformance with the 2008 landscaping plan or meet the
current landscaping code requirements for paved area, street frontage and yards.
Item I -SIP Arendt for 1911 W Snell Rd II
13. The building addition shall be constructed of the same type and color of materials as the
existing building. Final building addition elevations to be reviewed and approved by the Plan
Commission.
14. Outdoor storage area plan shall be to be reviewed and approved by the Plan Commission.
15. All vehicles in parking spaces shall in be operable condition for safe and legal performance on
public right-of-way.
16. All semi -tractors, semi -trailers and towed vehicles shall be stored within the approved enclosed
storage area.
17. Permitted use shall be limited to; auto & truck repair, auto service, towing, auto parts sales and
auto sales. For purposes of clarification, auto salvage is not a permitted use and vehicles shall
not be dismantled and sold for parts on the property.
18. No vehicle of any type shall be kept in the enclosed outdoor storage area for a period of time
exceeding 6 months. The enclosed outdoor storage area shall not function as a salvage yard and
shall not store vehicles that are being sold for parts or scrap.
The Plan Commission approved of the Specific Implementation Plan amendment as requested with
conditions noted. The following is the Plan Commission's discussion on this item.
Minutes of 11-20-18
Mr. Lyons presented the item and reviewed the site and surrounding area as well as the land use and
zoning classifications in this area. On February 14, 2006, Common Council approved a Conditional Use
Permit (CUP) and Planned Development amendment to expand the existing truck stop operation to
include used automobile sales. On February 14, 2008, the CUP for automobile sales expired. On March
11, 2008 Common Council denied a CUP request to renew the expired CUP for automobile sales. On
November 25, 2008, Common Council approved a planned development amendment allowing for
relocation of the existing ground sign and a fence on the property, as well as construction of a new
driveway and an addition to the existing building. In May 2017, Planning Services issued a correction
notice to the property owner for storage of unregistered, unlicensed/inoperable vehicles being stored in
the open on the site. The petitioner subsequently submitted an application for a Specific
Implementation Plan (SIP) amendment to expand the existing truck stop use to include automobile
sales. The request also includes a 50' X 50' building addition as well as fencing for additional outdoor
storage area. The applicant has established a history of being unable or unwilling to follow through
with the conditions placed on his site related to outdoor storage. Due to this fact, staff is
recommending the applicant be required to bring a written narrative and detailed outdoor storage plan
back to Plan Commission for final approval prior to being permitted to increase the size of the existing
outdoor storage.
Ms. Propp mentioned that she drove past the property earlier in the day. She stated the site appears to
look worse than the pictures and the pictures do not do the site justice. She said all the available
parking spaces were being used and there was no space left on the property for the requested vehicle
sales.
Mr. Cummings added that he also drove past the site earlier in the day. He explained the history of the
property and how it used to be a nice truck stop but it now an eyesore.
Item I —SIP Antndt for 1911 TV Snell Rd 12
Mr. Hinz questioned if staff had heard from any of the abutting property owners pertaining to vehicles
encroaching on the property lines because it looks like it from the pictures.
Mr. Burich stated that he believes the adjacent property owner had hired a surveyor to stake out the
property lines.
Mr. Hinz asked if there had been any concerns for the length of time the property has gone unpaved or
the possibility of contamination.
Mr. Burich replied it is a concern.
Mr. Hinz said it was not addressed in the staff report but should be a concern due to liquids sitting for
long periods of time.
Mr. Burich stated it is why staff is recommending a storage plan since it was never the intent for the site
to be a junkyard. He said the contamination concern could be added as a condition.
Mr. Perry stated he was concerned about other issues beyond this stage relating to access to the public,
location of the property for vehicle sales, signage and other items. He said this leads him to believe
that there will be more obstacles that would need to be addressed in the future.
Karl Keas, 3530 Omni Drive, stated he was there representing Omni Glass & Paint Inc. who owns one
of the adjacent properties. He said a surveyor was hired and the property lines are now staked out. He
confirmed it does show that the trailers and vehicles are encroaching the west boundary property line.
He stated that they had asked for the trailers and vehicles to be removed a little over a month ago.
Mr. Vajgrt asked if the vehicles had been moved.
Mr. Keas replied there has been activity since the request but the vehicles are still encroaching on the
property line.
Mr. Bowen complimented staff for willing to work with the applicant due to the long history of
noncompliance from the owner. He stated the noncompliance issues have been going on for longer
than he has been on the Plan Commission. He stated that this property owner has not operated in
good faith with the City of Oshkosh and has not done so for the better part of a decade. He said he
would not support this request but is happy to see that staff is working in good faith with the owner.
Mr. Fojtik mentioned to city staff that time has value and at some point time should be given to those
who are willing to work with the city and willing to respect conditions agreed upon.
Ms. Propp stated the site is an eyesore to the entire city. She stated the property should be sold, razed,
contamination problems cleaned up and then make it a nice gateway property. She added she would
not support this request. She inquired about what the outcome would be if Plan Commission denied
the request though the owner would still be out of compliance.
Mr. Burich stated it is currently an active case in court.
Item I—SIP An:ndtfor1911 WSnellRd 13
Ms. Propp asked if the case could result in something positive.
Mr. Burich explained there is a legal process that needs to be followed and currently the owner is going
through the administrative side of the process.
Mr. Hinz inquired about the possibilities of adding a one year timeframe to check-in on the proposed
request. He said he is trying to help find common ground.
Mr. Burich replied timeframes have been added previously and can be added if needed. He
commented that staff is as concerned as everyone else.
Mr. Hinz stated he would be willing to make a motion but with two other conditions which would be
for contamination and the encroachment issue.
Mr. Lyons explained with the current conditions, it would only allow storage within the permitted
storage area.
Mr. Hinz said he is concerned about the contamination and would like a check-in timeline for that.
Mr. Burich replied staff has provided a staff report that they would approve of but if Plan Commission
wants to modify the conditions, they can.
Mr. Perry also commended staff for their efforts. He said there would be 13-14 conditions for this
request and that they still would not be met.
Mr. Cummings explained this is the same owner of various properties in the city that has had
reoccurring similar issues. He said the owner has shown no willingness to comply with the city.
Mr. Fojtik said Omni Glass & Paint Inc. is very nice in appearance. He mentioned the noncompliant
site could negatively affect neighboring property owners such as Omni.
Mr. Ford inquired about the legal process.
Mr. Cummings left at 5:04 PM.
Mr. Burich replied that part of this process is putting together another Planned Development that will
clearly detail the issues.
Ms. VandenHogen explained that this action would give both sides a fresh start/slate. She added this
would give a baseline for both parties. She said she appreciates the concerns about noncompliance.
She also explained the best and worst case scenarios.
Mr. Ford stated though the applicant has not been in compliance for over a decade, he would be willing
to support the request if it helps open doors to finally resolving the issue.
Item I —SIP Anindt for 1911 W Snell Rd 14
Mr. Vajgrt asked if there could be a time limit to the request.
Mr. Burich replied nothing could be done until there is compliance with the conditions.
Mr. Vajgrt clarified his question about the time limit.
Mr. Burich replied the Planned Development could be revoked through the same process if the
applicant does not show good faith in complying.
Mr. Vajgrt questioned if the applicant does not move forward with complying again, how long would
staff have to wait to enforce.
Ms. VandenHogen clarified the questions Mr. Vajgrt was asking about. She said to look at the situation
as implementing and enforcing and not revocation.
Mr. Burich said the conditions and detailed staff report will make future issues easier to enforce. He
added that the owner has been cited and he did not feel a timeframe was necessary because everything
should be immediate.
Mr. Vajgrt asked if the owner has had to pay any monetary fees due to the citations and fines.
Mr. Burich replied not yet because this is an active court case due to the citations. He explained again
that the owner is working on the administrative side of the process.
Mr. Vajgrt asked who issues the citations.
Mr. Burich responded that staff does and explained that the due process does take time.
Mr. Lyons added that this request would give both sides a fresh slate. He said due to the lengthy legal
trail of paperwork, the staff report is a consolidation of previous requests and is written to represent
them as a whole.
Ms. Propp asked for confirmation that this request would help aide the city in a positive manner and if
it would, she would support it.
Mr. Kiefer questioned if there would be a time limit with the conditions.
Mr. Burich replied it is currently being enforced that is why the applicant is submitting this request.
Mr. Lyons reviewed the conditions and questioned adding a reasonable timeframe for the conditions.
He said it does not necessarily need a timeframe because they would take legal action if the applicant is
not complying.
Mr. Perry questioned how many votes were needed to approve this request.
Mr. Burich stated it would be a majority vote.
Itein I —SIP Amndtfor 1911 WSnellRd 15
Mr. Hinz questioned if the request was approved, if it would be the first time a Specific
Implementation Plan was approved without a specific plan.
Mr. Bowen asked for confirmation that the goal was to make a clear path to compliance. He stated he
was against allowing other uses for the applicant since the applicant is unwilling to be compliant with
the codes in every request he has submitted. He stated he would support the request if it would finally
help with the applicant complying.
Mr. Lyons stated the outdoor storage can be modified to match the 2008 approved outdoor storage
plan if Plan Commission request it to be.
Mr. Bowen said he would like to see compliance first before allowing additional uses.
Mr. Lyons explained the reason for the auto sales request is due to the ordinance update.
Mr. Bowen stated the beauty of the Planned Development is that two sides work together in good faith
to find a medium while understanding the limitations of the code. He said this has not occurred with
this applicant and he is weary of allowing more bad faith bargaining. He inquired on how to make a
baseline compliance motion.
Mr. Lyons responded that it may be best to deny it since the baseline was what was previously
approved. He noted another option would be to add more conditions which would match the
previously approved request.
Mr. Burich said the expansion of the outdoor storage could be denied and then grant the auto sales. He
also said this item could be laid over but there may not be much change in two weeks.
Mr. Bowen suggested the lay -over would at least give staff time to look further into the request.
Mr. Lyons stated from a staff perspective, the auto sales is not a concern as much as the outdoor
storage.
Mr. Burich suggested looking at what constitutes a vehicle for sale due to previous concerns.
Mr. Bowen commented it would have to be state licensed for auto sales.
Ms. VandenHogen mentioned there is a status meeting in mid-December.
Mr. Burich said with the lay -over, it would give staff more time to tighten up the conditions and take
into consideration Plan Commissions feedback.
Ms. Propp brought up the use expansion.
Mr. Burich replied it is not something that staff had considered but would look into.
Itent I -SIP An:ndt for 1911 TV Snell Rd 16
Mr. Perry asked if there could be a condition to ask for immediate removal of encroached vehicles.
Mr. Lyons replied condition number three would imply encroached vehicles would have to be moved
since they are not in a permitted area for storage.
Mr. Perry stated this issue should not have been left to the abutting property owner to take civil action.
He inquired if a timeline could be set on condition number three to help with the situation.
Mr. Perry pointed out the vehicles can't be moved inward or else there would be no driveway.
Mr. Lyons said the courts give a timeframe and would enforce.
Mr. Burich stated that the timeframe may not help plus staff is citing in a timely manner.
Mr. Hinz asked if staff was in favor of the two week lay -over.
Mr. Burich agreed it would be a good idea and it would give staff time for more discussions.
Mr. Bowen questioned if the lay -over would affect the current legal process.
Mr. Burich asked Ms. VandenHogen on what date the status conference was set for.
Ms. VandenHoegn responded the lay -over would not impact the status conference because it is
scheduled for December 12th, the day after Common Council
Motion by Hinz to lay over the Specific Implementation Plan amendment for vehicle sales at 1911 West Snell
Road until December 4111.
Seconded by Bozven. Motion carried 7-1 (Nay: Perry).
Minutes of 12-04-18
Mr. Lyons presented the item and reviewed the site and surrounding area as well as the land use and
zoning classifications in this area. He explained that this item was laid over from the November 20f
meeting due to the high number of concerns. The applicant's narrative requests approval of all
permitted uses in the Urban Industrial district. Based on the property owner's history of zoning
violations, staff is recommending a condition be placed restricting the applicant to only those uses as
described within the planned development application and narrative. Those uses as identified by the
applicant are; auto & truck repair, auto service, towing, auto parts sales and auto sales. Staff has
additional concerns with the applicant's stated use of parts sales. Staff is concerned the applicant
intends to operate an auto salvage facility and sell salvaged auto parts. The applicant is also proposing
to increase the size of its outdoor storage area. The outdoor storage area would be fenced with an 8'
steel fence that would match the existing fence. The applicant has established a history of being unable
or unwilling to follow through with the conditions placed on his site related to outdoor storage. Due to
this fact, staff is recommending the applicant be required to bring a written narrative and detailed
Item I—SIPAmndtfor 1911 WSnell Rd 17
outdoor storage plan back to Plan Commission for final approval prior to being permitted to increase
the size of the existing outdoor storage.
Mr. Bowen arrived at 4:04 PM.
Mr. Hinz said due to the towing service, he was concerned about vehicles sitting on the property that
would need to be scrapped.
Mr. Burich replied the applicant does own a salvage yard on the south side of the city.
Mr. Bowen questioned if the 20,000 sq. ft. threshold triggered the storm water management
requirement.
Mr. Lyons explained that the 20,000 sq. ft. threshold is within the City' storm water management
ordinance. He said once the 20,000 sq. ft. of disturbed area is met, it requires the storm water
management.
Mr. Bowen asked for confirmation that once the threshold is met, the applicant would have to submit a
full plan and adhere to it.
Mr. Lyons confirmed.
Mr. Mott asked if staff had reached out to the Wisconsin DNR.
Mr. Lyons replied they had due to environmental concerns from the Plan Commission. He said staff
inquired about types of permits and code requirements.
Mr. Mott suggested to approve or layover the request contingent on the Wisconsin DNR results.
Mr. Perry stated in his opinion, the DNR is a higher authority. He did not think it was necessary to
wait on the results because the DNR could overrule Plan Commission.
Mr. Mott said he thought it was important to understand whether or not the applicant falls within
some of the permits that are required under Chapter NR 216 for Storm Water Discharge Permits. He
stated the auto salvage could have risks of exposure to storm water from batteries, liquids, tires and
similar items. He said to prevent these risks, those items need to be contained to avoid contamination.
Mr. Burich reiterated that staff is not approving a salvage yard and staff tried to make it clear in the
staff report that it will not be an auto salvage facility.
Mr. Bowen said it is clarified in condition #17.
Mr. Perry added it is also clarified in condition #3.
Motion by Perry to approve a Specific Implementation Plan amendment for vehicle sales at 1911 West Snell
Road with the following conditions:
Item I -SIP Anmdt for 1911 W Snell Rd 18
1. Base Standard Modification is granted for reduction in the transition yard on the west property line from
17.5' to 10' as granted as part of the 2006 approval.
2. Site/Business is maintained and operated per the submitted plan. There shall be no expansion of or change
Of uses on-site without fitrther approval through the Planned Development process.
3. Outside storage of parts, fluid, tires, inoperable/unlicensed vehicles and other automotive service related
items shall be prohibited in all areas other than the approved enclosed storage area. No outdoor storage
shall be permitted outside of the approved enclosed storage area.
4. Towing -related fleet vehicles are limited in parking location to under the existing metal canopy, between
the canopy and the building or in the screened storage areas as per the 2006 approval.
5. Driveway, access drives and parking shall be brought tip to city standards for hard surfacing per section
30-175(5), examples are concrete or asphalt.
6. Outdoor storage area shall be fully screened with an 8' solid code compliant fence per section 30-81(B),
examples are wood, vinyl or pre -woven galvanized andlor coated chain link that is at least 90 percent
opaque. Final fence elevations to be reviewed and approved by the Plan Commission.
7. Site is limited to 21 vehicle sales spaces and those spaces shall be identified by on site signage.
8. Applicant shall provide a fully dimensioned and scaled parking lot plan to Plan Commission for final
approval of the parking lot plan.
9. Parking lot shall be striped in accordance with the approved site plan.
10. No parking shall be permitted outside of the legally established and striped spaces as approved as part of
the site plan
11. Applicant shall provide storm water management once 20,000 sq. ft. of total disturbed area is reached.
12. Site shall either be brought into conformance with the 2008 landscaping plan or meet the current
landscaping code requirements for paved area, street frontage and yards.
13. The building addition shall be constructed of the same type and color of materials as the existing building.
Final building addition elevations to be reviewed and approved by the Plan Commission.
14. Outdoor storage area plan shall be to be reviewed and approved by the Plan Commission.
15. All vehicles in parking spaces shall in be operable condition for safe and legal performance on public
right-of-way.
16. All semi -tractors, semi -trailers and towed vehicles shall be stored within the approved enclosed storage
area.
17. Permitted use shall be limited to; auto & truck repair, auto service, towing, auto parts sales and auto
sales. For purposes of clarification, auto salvage is not a permitted use and vehicles shall not be
dismantled and sold for parts on the property.
18. No vehicle of any type shall be kept in the enclosed outdoor storage area for a period of time exceeding 6
months. The enclosed outdoor storage area shall not function as a salvage yard and shall not store
vehicles that are being sold for parts or scrap.
Seconded by Vajgrt.
Mr. Hinz and Mr. Fojtik thanked staff for working diligently on this request and taking the time to
rectify some of the items Plan Commission had concerns with.
Motion carried 8-0.
Item I -SIP Ann:dt far 1911 W Snell Rd 19
SUBMITTO:
-City of Oshkosh Dopt of Communffy Development
City 215 Chtfrch Ave , p,0, Box 1130
of Planned Development Application cshkosh,VA 54901
Oshkosh PHONE: (9A) 236-5059
For General Development Plan or Specific implementation Plan
"PLEASE TYPE OR PRINT USING BLACK INK"
APPLICANT INFORMATION
Petitioner: _ Lor: �-nz_ 'r�C`i � Date;
J
Peiitloner's Address: �(')�() Y t'G S� City:.
Telephone M.8 m) 3-7g.E' Fax: (C'Zo) _122L'59 85 Other Contact N or EmO:
Status of Peiltioner (Ploase.Check): downer ❑ Representative. o Tenant ❑ Prospective Buyer
Petitioner's Signature (required):
OWNER INFORMATION
Owner(s): Date:
Owner(s) Address:
City:
State: Zip:
Telephone It: ( ) Fax: ( ) Other Contact If or Email:
Ownership Status (Please'Check): ❑ Individual ❑Trust 0 Partnership n Corpordiion
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City officials and/or employees may, in, the performance of their functions, entet
upon the property to inspect or gather other information necessaryto process this application, I'also understand that all
meeting dates are tentative and may b�ostpon �i by tlse Punning Services kffor Incomplete submissions or other
4dmtnlsiral)vereasons, � ,._-�__
Property Owner's.
Date: &.-I I -13.
TYPE OF REQUhST: -1
11 General Development Plan (GDP) ❑ General Development Plan (GDP) Amendment
D Specific Implementation Plan, (SIP) I,Specific implementation. Plan (SIP) Amendment
SITE INFORMATION )
Address/Locollon of Proposed Project: l / l
Proposed Project7ype: L t A I r1 1G t iec C_GiY�
Current use of Property: > t- , VO ',:S(-RJ(L- ,c1 4-, Ir ening: _
Land Uses Surrounding Your Site: North: 111:0',
South: ` htsl-rin l cw cG1t:�Tt)
East: ) ''1
West: + i
itis recommended that: the applicant meet wtfh.Plannin.g Servlces'Stgff pttor fo submittal to discuss the proposal.
9 Appllcotlon fees are due. at fime of submittal, Mai a check payable to Cliy of Oshkosh.
3? Please reter:to th4.fee schedule fo(approprlatellee.. FEE IS NON -REFUNDABLE -
les
r;,-�
For more information please visit the City's website at vrww:ct:oshkosh.wi.us%Community_Development/Planniiicg,him
Staff Date. Reed �0l/
13
The property at 1911 W Snell Road is zoned Urban Industrial. The current usage of the property
and future request uses are all permited uses in the Urban industrial zoning. Do to the rapid
growth of our business, we are going to need more additional shop space. Therefore, we are .
requesting an addition of 50x50 on the northwest corner of the rear of the building. Which will
be constructed of the same type of materials the building is already made of.
Do to amount of cars accumulated through towing operations, we are expanding car sales which
is a permitted use under Urban Zoning. Car sales will be conducted in accordance to the State of
Wisconsin Motor Vehicle requirements for display and sale. We are requesting 42 stalls for sale.
And 8 for customer and/or employee parking.
Landscaping consists of 3 silver maples on the north end and 3 on the south end of the east side
of the property. They are currently 6" in diameter. On the East side we face Highway 41
Southbound, which consists of tall weeds and grass that exceeds 3-4 feet in height. On the
North side is the slope for the overpass which is also all tall grass and weeds. On the south side
is tall grass and berm.
The building consists of 70x100 Shop and 40450 of Office, Bathrooms and Trees.
14
1-8 Customer parking
9-44 Sales parking
45-68 Shop Vehicles, Customer Parking, tow trucks
Fencing will be 8 feet tall and steel like the rest of the fence that is us. The fenced in area is for
parking tow ins and equipment and vehicles in need of repair and outside storage and supplies,
5
15
The property at 1911 W Snell Road is zoned M Industrial. The current usage of the property and future
request uses are all permited uses in the M industrial zoning: Do to the rapid growth of our
business, we are going to need more additional shop space. Therefore, we are requesting an addition
of 50x50 on the northwest corner of the rear of the ' building. Which will be constructed of the same
type of materials the building is•already"made of.
Do to amount of cars accumulated through towing operations, we are requesting car sales which is a
permitted use under M zoning. Car sales will be conducted in accordance to the State of Wisconsin
Motor Vehicle requirements for display and sale. We are requesting 50 stalls for sale. Arid 8 for
customer and/or employee parking.
liu
17
SIP AMENDMENT OMNI GLASS & PAINT INC LOREN'S 41 TRUCK PLAZA LLC
1911 W SNELL RD 3530 OMNI DR 3000 OREGON ST
PC: 11-20-18 OSHKOSH WI 54904 OSHKOSH WI 54902
TOWN OF OSHKOSH - CLERK
ATTN: JEANNETTE MERTEN
1076 COZY LN
OSHKOSH WI 54901
LORENZ RANGELOFF
3020 OREGON ST
OSHKOSH WI 54902
In
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PrintingDate: 6/14/2018
information are responsible for verifying accuracy. For full disclaimer please go to
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information are responsible for verifying accuracy. For full disclaimer please go to
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