HomeMy WebLinkAbout33. 19-318 MAY 28, 2019 19-318 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE SPECIFIC IMPLEMENTATION PLAN AMENDMENT
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 to allow vehicle sales at 1911 West Snell Road; and
WHEREAS, the Plan Commission finds that the planned development to allow
vehicle sales at 1911 West 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 to allow vehicle
sales at 1911 West Snell Road, per the attached, is hereby approved with the following
conditions:
1. Piling post with cable shall be installed 5' from the west property line.
Applicant shall provide detail and specifications for the proposed
post/cable. In addition, to mitigate setback reduction, thirty (30) Techny
Arborvitae trees, 4' minimum height at time of planting, shall be installed
on the west property line and shall be evenly spaced 10' on center. When
such installation of the piling post and trees occur, there will be a Base
Standard Modification reduction in the required side yard on the west
property line from 10 feet as previously approved in 2006 to 5 feet.
2. All expanded outdoor storage per the site submitted by the Applicant on
February 21, 2019 (hereinafter "Site Plan") shall be fully enclosed with an 8
foot high code complaint metal fence. There will be a Base Standard
Modification for the expanded outdoor storage area to be enclosed to allow
an 8 foot high metal fence to match the existing outdoor storage fence.
Applicant shall provide a fencing detail and specifications for the
MAY 28, 2019 19-318 RESOLUTION
CONT'D
proposed fence. The site plan with staff comments is included on page 6 of
this Staff Report and is incorporated herein by reference.
3. The east and south property lines shall be fenced per Site Plan. There will
be a Base Standard Modification to allow an 8 foot 6 inch high solid wood
fence in the front yard setback along east property line and a Base Standard
Modification to allow a 4' foot high chain link fence within the front yard
along the east and south property lines.
4. Base Standard Modification to reduce the required customer/employee
parking and shop vehicles from 47 to 28 stalls.
5. On the Site Plan, spaces 1-8 shall be used for employee and customer
parking, spaces 9-47 shall be limited to vehicles sales, spaces 48-68 shall be
limited to shop vehicles, spaces 69-114 shall be limited to semi-trailer
storage, spaces 115-132 shall be limited to temporary vehicle storage. No
inoperable vehicle shall be stored in spaces 115-132 for a period of time
exceeding 7 days.
6. The spaces identified with an X on the SW corner of the site plan with staff
comments shall be limited to temporary vehicle storage of operable shop
and customer vehicles. The spaces identified with an X on the SE corner of
the site plan with staff comments shall be striped, code complaint parking
spaces, and limited to parking for operable shop and customer vehicles.
Semi-trailers shall not be stored or parked on the X'd areas in either the SW
or SE corner.
7. Site is limited to 38 vehicle sales spaces and those spaces are identified on
Site Plan and labeled as spaces 9-47.
8. Towing-related fleet vehicles are limited in parking location to under the
existing metal canopy (marked spaces 51-68), in spaces 48-50 on the Site
Plan, or in the enclosed storage areas as per the 2006 approval.
9. After final approval, applicant shall provide a fully dimensioned and scaled
site plan for approval by the Department of Community Development.
10. Parking lot (specifically, spaces 1-68 and spaces 115-132) shall be striped in
accordance with the approved Site Plan.
11. No parking shall be permitted outside of the legally established and striped
spaces as approved as part of the Site Plan
12. All vehicles in parking spaces shall be in operable condition for safe and
legal performance on public right-of-way.
13. All semi-tractors and semi-trailers shall be stored within the 24 spaces along
the west property line (marked spaces 69-92) and 22 spaces along
MAY 28, 2019 19-318 RESOLUTION
CONT'D
the south property line (marked spaces 93-114) and shall be stored in
compliance with the approved final site plan.
14. 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.
15. Outside storage of parts, fluids, 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 or approved semi-
trailer storage spaces.
16. Driveway and parking area shall be brought up to city standards for hard
surfacing per section 30-175(S), examples are concrete or asphalt.
17. Applicant shall provide storm water management once 20,000 sq. ft. of total
disturbed area is reached.
18. Final revised landscaping plan shall be reviewed and approved by the
Department of Community Development.
19. Outdoor storage area plan and narrative shall be reviewed and approved
by the Department of Community Development prior to building permit
issuance.
20. Permitted uses 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.
21. The enclosed outdoor storage area shall not function as a salvage yard and
shall not store vehicles, semi-trailers, or boats of any type that are being sold
or used for parts or scrap. The enclosed storage area shall be maintained in
an organized fashion which shall include the maintenance of at least one
18' foot drive aisle that runs the length north/south of the enclosed outdoor
storage area. All weeds and brush shall be removed from the enclosed
storage area, all grass and vegetation shall be trimmed, and no item within
the enclosed storage area shall be stacked to exceed the 8' height of the
fence."
22. Applicant shall remove the empty scale sign structure located along the east
property line and shown on the Site Plan, or alternatively, Applicant shall
install signage in the empty scale sign structure.
MAY 28, 2019 19-318 RESOLUTION
CONT'D
23. All conditions and required site modifications that are made as part of this
Specific Implementation Plan amendment shall be completed by the
Applicant within 180 days of the approval of the Specific Implementation
Plan.
-
City
of
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons
Principal Planner
DATE: May 23, 2019
RE: Approve Specific Implementation Plan Amendment for Vehicle Sales at 1911
West Snell Road (Plan Commission Recommends Approval)
BACKGROUND
On December 4, 2018 Plan Commission recommended approval of the request with conditions.
After additional discussions with the applicant and staff the Common Council referred the
request back to Plan Commission at the December 11, 2018 Common Council meeting. Plan
Commission discussed several proposed modifications to the original plan at a March 5, 2019
workshop. Plan Commission recommended approval of previous Specific Implementation Plan
(SIP) amendment at the March 19th, 2019 meeting. The applicant continued to express concern
after that meeting. Staff conducted a follow up meeting with the applicant to discuss those
concern and is now proposing some minor changes to the previous SIP amendment.
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
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://vvww.ci.oshkosh.wi.us
to the property owner for storage of unregistered, unlicensed/inoperable vehicles being stored
in the open on the site and outside of the designated enclosed storage area.
In response to the correction notices, the petitioner is requesting approval of a SIP amendment
to expand the existing truck stop use to include automobile sales. Additionally, the request also
includes 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
requesting to expand the uses on the site to all those listed in the Urban Industrial (UI) Zoning
District.
ANALYSIS
The applicant is no longer proposing to add the 50' X 50' building addition that was part of the
prior request. 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(UI).
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. Staff is concerned the applicant intends to operate an
auto salvage facility and sell salvaged auto parts. 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
matches 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 detailed outdoor storage plan back to Department
of Community Development for final approval prior to being permitted to increase the size of
the existing outdoor storage area. The applicant is not approved to be operating a junkyard or
salvage yard and historical 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.
As part of the prior approval staff was recommending all semi-tractors and semi-trailers shall
be stored within the approved enclosed storage area. The revised site plan includes storage
areas for semi-trailers. The applicant has indicated a portion of his business is related to renting
storage space for semi-trailers and needs to continue to be able to conduct that part of his
business. One of the primary concerns related to the subject site has been the lack of
organization of storage and the haphazard appearance of its storage areas. In order to address
this, staff has proposed several conditions, all parking shall be striped and parking shall only be
allowed in accordance with the approved. To address this concern for the trailer storage area,
staff is proposing additional conditions relating to limiting spaces for semi-trailer storage and
mitigating the view of the trailer storage areas from Interstate 41. Finally the revised site plan
City Hail,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1 130 920.236.5000 http://www.ci.oshkosh.wi.us
includes areas for temporary staging of vehicles. The applicant has indicated these areas are
needed as temporary storage/parking for vehicles being brought to the site. The site is accessed
from a single driveway on W.Snell Road. 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. The applicant indicates a total of 68 parking spaces on site. The
applicant is proposing to use spaces for customer parking, vehicle sales, tow trucks and shop
vehicles. Presently, the parking area is not striped in accordance with the provided 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 for approval by the Department of Community Development.
No storm water management plans have been submitted 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 Storm water Ordinance (Chapter 14). The applicant is proposing additional
landscaping along the east and south property lines to buffer the outdoor trailer storage area.
Staff is recommending the final revised landscaping plan be reviewed and approved by the
Department of Community Development. No additional signage had been indicated on the
provided plans. Staff is recommending a condition requiring the applicant to remove the
existing empty sign structure or alternatively., install signage in the empty scale sign structure.
Section 30-311 (F) of the zoning ordinance requires the removal of signs that are not being
properly maintained. Finally, in regard to all site modifications that are being requested /
required as part of this request, staff recommends a condition requiring all improvements be
required to be completed within 180 days of the final approval of the Specific Implementation
Plan.
FISCAL IMPACT
If approved, and operating under a clearly articulated and understood development and
operating plan, the numerous staff hours spent on code enforcement and court time may
actually decrease allowing staff time to be devoted to other issues.
RECOMMENDATION
The Plan Commission recommended approval of the Specific Implementation Plan amendment
with conditions at its May 21, 2019 meeting.
Respectfully Submitted, Approved:
e,
ol�11 W el
/// J
Mark Lyons Mark A. Rohloff
Principal Planner City Manager
City Hall,215 Church Avenue P.O.Box ll3O Oshkosh,WI 54903-1130 920.236.5000 hftp://www.ci.oshkosh.wi.us
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ITEM: SPECIFIC IMPLEMENTATION PLAN AMENDMENT REQUEST FOR VEHICLE
SALES AT 1911 WEST SNELL ROAD
Plan Commission meeting of May 21, 2019.
*This item was referred back to Plan Commission by Council.
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:
On December 4, 2018 Plan Commission recommended approval of the request with conditions. After
additional discussions with the applicant and staff the Common Council referred the request back to
Plan Commission at the December 11, 2018 Common Council meeting. Plan Commission discussed
several proposed modifications to the original plan at a March S, 2019 workshop. Plan Commission
recommended approval ofprevious SIP amendment at the March 19rh, 2019 meeting. The applicant
continued to express concern after that meeting. Staff conducted a follow up meeting with the applicant
to discuss those concern and is now proposing some minor changes to the previous SIP amendment.
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 Planned 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.
Subject Site
Existing Land Use Zoning
Commercial UI-PD
Adjacent Land Use and Zoning
Existing Uses Zoning
..._North_ I Mobile home...p ark---......._.._......_.....................__._. MH-9-PD
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South Vacant/undeveloped UI-PD
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East Agriculture/undeveloped _ A-1 (County)
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West Vacant/undeveloped UI-PD
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Industrial
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. Sitelbusiness 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.
Rent-SIP amend for 1911 W Snell Rd 2
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.
Use
The proposed development consists of an existing approximately 13,900 sq. ft. auto/truck repair shop
and towing service. The applicant is no longer proposing to add the 50' X 50'building addition that was
part of the prior request. 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 matches 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. At this time staff is in support of this request.
Matching the existing fence height and material should give a consistent look and screen the outdoor
storage area subject to the applicant providing a fencing detail for the proposed metal 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 detailed outdoor storage plan back to Department of
Community Development for final approval prior to being permitted to increase the size of the existing
outdoor storage area. The written detailed plan shall outline types of items to be stored, 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 historical 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 approved 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 2018 showing the outdoor storage area.
Item-SIP amend for 1911 W Snell Rd 3
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As part of the prior approval staff was recommending all semi-tractors and semi-trailers shall be stored
within the approved enclosed storage area.After additional discussion with the applicant, they
submitted the attached revised site plan,which includes storage areas for semi-trailers. The applicant
has indicated a portion of his business is related to renting storage space for semi-trailers and needs to
continue to be able to conduct that part of his business. As you can see on the applicant's site plan,they
had not been following the required 10' setback along the west property line. At this time staff is
recommending a BSM to reduce the setback from the previously approved 10' down to 5' with the
condition that the applicant have all the trailers moved to meet the new 5' setback. In order to mitigate
this setback reduction staff suggest requiring the applicant to install thirty(30) Techny Arborvitae trees,
4'minimum height at time of planting along west property line and shall be evenly spaced 10' on
center. The applicant shall also install a piling post with cable fence 5' from the west property line to
limit further encroachment into the setback. First,it should screen the trailer storage from the adjacent
lot to the west and second,it should create a barrier between the properties that should eliminate the
ability for any further encroachment into the setback.
One of the primary concerns related to the subject site has been the lack of organization of storage and
the haphazard appearance of its storage areas. In order to address this, staff has proposed several
conditions, all parking shall be striped and parking shall only be allowed in accordance with the
Item SIP amend far 1911 W Snell Rd 5
approved and requiring an outdoor storage fence in outdoor storage area. To address this concern for
the trailer storage area, staff is proposing additional conditions. First,the semi-trailer storage shall be
limited to 24 spaces along the west property line (Marked 69-92) and 22 spaces along the south
property line (Marked 93-114) as indicated on the graphic below and shall only be stored in compliance
with the layout as shown. Those storage areas marked with an X shall be removed and shall not be
used for storage. To mitigate the view of the trailer storage areas from Interstate 41 the applicant is
proposing to construct an 8'6" wood fence along the east property line and then transition to a 4'berm
and 4' chain link fence along the south property line. The applicant is also proposing to add additional
3-4' arborvitae along the new fence. Two additional Base Standard Modifications will be required for
the proposed fencing. First, a BSM is required for an 8'6" fence within the front setback. Code allows a
maximum of a 4' tall fence in front yards. Staff is in support of the BSM as it should help mitigate the
view of the semi-trailer storage area. Second, a BSM is required for chain link fence within the front
yard. Code prohibits any chain link fencing within the front yard. Staff is in support of the BSM as
although not typically allowed in a front yard, the property is adjacent to Interstate 41 and this is not a
typical front yard.
Finally the revised site plan includes areas for temporary staging of vehicles (marked 115-132). The
applicant has indicated these areas are needed as temporary storage/parking for vehicles being
brought to the site. Staff understands the need for the staging areas,but is concerned with them
becoming additional long term outdoor storage. As such, staff recommends a condition be added that
vehicles shall only be permitted to remain in staging areas for a maximum of 7 days.
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Item-SIP amend far 1911 W Snell Rd 6
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.
The applicant indicates a total of 68 parking spaces on site. The applicant is proposing to use spaces
labeled 1-8 for customer parking, 9-44 for vehicle sales and 45-68 for shop vehicles, customer parking
and tow trucks. The zoning ordinance requires 1 parking space 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
require 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.
The applicant is proposing to dedicate only 28 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. The applicant is requesting a BSM to reduce the required employee/
customer parking from the 47 required to 28. The applicant has expressed that they do not require 47
spaces based on the number of employees and the typical number of customers they have. Staff is in
support to reduce the required parking and allow the applicant to use additional stalls for vehicle sales.
To aid in maintaining an orderly and functioning site, staff recommends the applicant be held to the
following parking breakdown. Spaces 1-8 shall be used for employee and customer parking. Spaces 9-
47 shall be used for vehicle sales. Spaces 48-68 shall be used for shop vehicles and towing vehicles.
Presently, the parking area is not striped 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 professionally drawn fully dimensioned and scaled parking lot layout plan after
approval by council and prior to using the areas for parking.
Storm Water Management/Utilities
No storm water management plans have been submitted 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
Storm water Ordinance (Chapter 14).
Landscaping
The applicant is proposing additional landscaping along the east and south property lines to buffer the
outdoor trailer storage area. The applicant has indicated 9 existing trees and proposes to add 18
additional 3-4' arborvitae. The code required minimum height at time of planting for arborvitae is 4'.
Staff recommends the applicant be held to the 4' minimum standard found within the code. Staff is
recommending either a fence or a combination of a berm and evergreen planting be used to mitigate
the setback reduction along the west property line. As such, staff is recommending the final revised
Itent-SIP amend for 1911 W Snell Rd 7
landscaping plan be reviewed and approved by the Department of Community Development. Any
and all landscaping and bufferyard material required shall be installed on the subject property,
in accordance with the approved site plan within 180 days of the approval of the Specific
Implementation Plan.
Signage
No additional signage had been indicated on the provided plans. Staff is recommending a condition
requiring the applicant to remove the existing empty sign structure or alternatively,install signage in
the empty scale sign structure. Section 30-311 (F) of the zoning ordinance requires the removal of signs
that are not being properly maintained.
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Overall site
Finally,in regard to all site modifications that are being requested/required as part of this request,
staff recommends a condition requiring all improvements be required to be completed within 180 days
of the final approval of the Specific Implementation Plan. The applicant has shown a history seeking
approvals for a planned development amendments and then never following through with the
conditions of the approval. This is evident by fact the site was not brought into compliance with either
the 2006 or 2008 planned development amendments.
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.)
Item-,SIP amend for 1911 TV Snell Rd 8
(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.
(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. Piling post with cable shall be installed 5' from the west property line. Applicant shall provide
detail and specifications for the proposed post/cable. In addition,to mitigate setback reduction,
thirty (30)Techny Arborvitae trees,4' minimum height at time of planting, shall be installed on
the west property line and shall be evenly spaced 10' on center. When such installation of the
piling post and trees occur, there will be a Base Standard Modification reduction in the required
side yard on the west property line from 10 feet as previously approved in 2006 to 5 feet.
2. All expanded outdoor storage per the site submitted by the Applicant on February 21, 2019
(hereinafter "Site Plan") shall be fully enclosed with an 8 foot high code complaint metal fence.
There will be a Base Standard Modification for the expanded outdoor storage area to be
enclosed to allow an 8 foot high metal fence to match the existing outdoor storage fence.
Applicant shall provide a fencing detail and specifications for the proposed fence. The site plan
with staff comments is included on page 6 of this Staff Report and is incorporated herein by
reference.
3. The east and south property lines shall be fenced per Site Plan. There will be a Base Standard
Modification to allow an 8 foot 6 inch high solid wood fence in the front yard setback along east
property line and a Base Standard Modification to allow a 4' foot high chain link fence within
the front yard along the east and south property lines.
4. Base Standard Modification to reduce the required customer/employee parking and shop
vehicles from 47 to 28 stalls.
Itent-SIP amend for 1911 W Snell Rd 9
5. On the Site Plan, spaces 1-8 shall be used for employee and customer parking, spaces 9-47 shall
be limited to vehicles sales,spaces 48-68 shall be limited to shop vehicles, spaces 69-114 shall be
limited to semi-trailer storage, spaces 115-132 shall be limited to temporary vehicle storage. No
vehicle shall be parked in spaces 115-132 for a period of time exceeding 7 days.
6. All spaces identified with an X as shown on the site plan with staff comments found on page 6
are not approved and shall be removed.
7. Site is limited to 38 vehicle sales spaces and those spaces are identified on Site Plan and labeled
as spaces 9-47.
8. Towing-related fleet vehicles are limited in parking location to under the existing metal canopy
(marked spaces 51-68),in spaces 48-50 on the Site Plan, or in the enclosed storage areas as per
the 2006 approval.
9. After final approval, applicant shall provide a fully dimensioned and scaled site plan for
approval by the Department of Community Development.
10. Parking lot(specifically, spaces 1-68 and spaces 115-132) shall be striped in accordance with the
approved Site Plan.
11. No parking shall be permitted outside of the legally established and striped spaces as approved
as part of the Site Plan
12. All vehicles in parking spaces shall be in operable condition for safe and legal performance on
public right-of-way.
13. All semi-tractors and semi-trailers shall be stored within the 24 spaces along the west property
line(marked spaces 69-92) and 22 spaces along the south property line (marked spaces 93-114)
and shall be stored in compliance with the approved final site plan.
14. 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.
15. Outside storage of parts,fluids, 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 or
approved semi-trailer storage spaces.
16. Driveway and parking area shall be brought up to city standards for hard surfacing per section
30-175(S), examples are concrete or asphalt.
17. Applicant shall provide storm water management once 20,000 sq. ft. of total disturbed area is
reached.
18. Final revised landscaping plan shall be reviewed and approved by the Department of
Community Development.
19. Outdoor storage area plan and narrative shall be reviewed and approved by the Department of
Community Development prior to building permit issuance. If Applicant would like to keep
personal property within the enclosed outdoor storage area(see #21 below) Applicant shall
detail what personal items are to be stored and where the personal items will be stored as part
of the outdoor storage area plan and narrative.
20. Permitted uses 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.
21. No vehicle, trailer, or boat 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, semi-trailers, or boats of any type that are being sold
for parts or scrap. Notwithstanding the above, Applicant may keep a limited amount of
Item SIP amend for 1911 W Snell Rd 10
personal vehicles, trailers and boats within the enclosed outdoor storage area longer than 6
months only as allowed by the approved outdoor storage area plan(see #19 above).
22. Applicant shall remove the empty scale sign structure located along the east property line and
shown on the Site Plan, or alternatively,Applicant shall install signage in the empty scale sign
structure.
23. All conditions and required site modifications that are made as part of this Specific
Implementation Plan amendment shall be completed by the Applicant within 180 days of the
approval of the Specific Implementation Plan.
The Plan Commission approved of the Specific Implementation Plan amendment as requested with
conditions. 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 is now an eyesore.
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.
Item SIP amend far 1911 W Snell Rd 11
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.
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.
Item SIP amend for 1911 W Snell Rd 12
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.Bunch 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.
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.
Item SIP amend for 1911 TV Snell Rd 13
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.
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
Itent-SIP amend for 1911 W Snell Rd 14
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 Commission's feedback.
Ms. Propp brought up the use expansion.
Mr. Burich replied it is not something that staff had considered but would look into.
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.
Itent-SIP amend for 1911 W Snell Rd 15
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 121h,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 41".
Seconded by Bowen. 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 201h
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
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.
Item-SIP amend for 1911 W Snell Rd 16
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 zoith the follozoing 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 fitrther approval throhcgh the Planned Development process.
Item SIP amend far 1911 W Snell Rd 17
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 fillly 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.
Minutes of 03-19-19
Site Inspections: Report: No commissioners reported visiting the site.
Staff report accepted as part of the record.
Itent-SIP amend for 1911 W Snell Rd 18
The applicant requests approval of a Specific Implementation Plan Amendment for vehicle sales at
1911 W. Snell Road.
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 December 4, 2018 Plan Commission recommended approval of
the request with conditions. After additional discussions with the applicant and staff the Common
Council referred the request back to Plan Commission at the December 11, 2018 Common Council
meeting. Plan Commission discussed several proposed modifications to the original plan at a March 5,
2019 workshop. The proposed development consists of an existing approximately 13,900 sq. ft. auto/
truck repair shop and towing service. The applicant is no longer proposing to add the 50' X 50'
building addition that was part of the prior request. The applicant is also requesting to add auto/truck
sales as a permitted use. The applicant is proposing to expand that area by approximately 39,000 sq. ft.,
nearly doubling the existing outdoor storage area. The applicant has provided a revised site plan. One
of the primary concerns is related to the subject site has been the lack of organization of storage and the
haphazard appearance of its storage areas. The applicant has shown a history seeking approvals for a
planned development amendments and then never following through with the conditions of the
approval. This is evident by fact the site was not brought into compliance with either the 2006 or 2008
planned development amendments. Due to the concerns, staff is suggesting multiple conditions.
Mr. Fojtik opened up technical questions to staff.
Mr.Perry questioned how far apart the arborvitae would be. He asked if it could be conditioned. He is
concerned that a fence or 2'berm may not stop the ongoing encroachment issues.
Mr. Lyons said the buffer could be further condition if needed.
Mr. Groth inquired about the current interior fencing.
Mr. Lyons replied it is a solid 8' metal fence.
Mr. Fojtik asked for any public comments and asked if the applicant wanted to make any statements.
Mr. Rangeloff(applicant), 3020 Oregon Street, said he has spent 15 years in the neighborhood. He
stated his business has grown in that time. He said his property's zoning changed to industrial by the
city without any discussion. He said he was unsure of what it is currently zoned.
Mr. Lyons replied it is zoned Heavy Industrial with a Planned Development Overlay(HI-PD).
Mr. Rangeloff said it was not a PD when he bought the site. He said the site used to be a gas station,
truck repair shop and storage. He said during the time he has owned the property, the parcel size has
decreased. He stated the time limits on parking is not fair especially for an industrial zoned property.
He said if it were not for the granting of car sales,he would just keep running his business as he does
now. He stated spending$12,000 on architecture designs that were never approved which is what he
used for a basis on his site plan. He stated he has concerns with some of the conditions listed like
landscaping and parking on the west side. He said he has tried stopping the trucks from encroaching.
Item-SIP amend for 1911 W Snell Rd 19
Karl Keas,505 Fox Fire Drive, stated the encroachment has been ongoing for ten years. He said the
landscaping and buffer is very important to Omni. He explained the lots are currently for sale and they
have never been able to clean up the property line. He hopes the integrity of the condition is
maintained relating to that property line.
Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing statements.
Mr.Burich suggested talking through some of the conditions.
Mr. Rangleoff said he never received a staff report, only a meeting notice. He stated this is the first
time he has seen the staff report and conditions.
Motion by Vajgrt to adopt the findings and recommendation as stated in the staff report.
Seconded by Hinz.
Mr. Fojtik asked if there was any discussion about the motion.
Ms. Propp asked if there was currently anything on the west lot line.
Mr. Lyons replied there is not but they are recommending different types of buffers.
Mr. Burich explained encroachment with a buffer usually helps to maintain the integrity of setback. He
also explained what is currently approved for setback and compared it to what is currently being
recommended.
Ms. Propp said the fence or landscaping options should help mitigate the encroachment issue.
Mr. Ford asked for clarification on condition number 21 and if it only related to the enclosed storage
area.
Mr. Lyons confirmed it was.
Mr. Perry asked what the traditional setback is for the zoning.
Mr. Burich replied Mr. Rangeloff is currently approved for a 10' setback. He said they are looking for a
compromise. He showed the aerial pictures of the site and explained the goal is to get some
organization to the site but allow Mr.Rangeloff to run his business. He pointed out that the outdoor
storage has been illegally expanded. He said some of the concerns are the prolonged parking and
encroachment issues. He said the goal again to work together and compromise.
Mr. Perry is still concerned if there is not a barrier. He stated that the axle location is different on each
truck.
Motion carried 9-0.
Item SIP amend for 1911 W Snell Rd 20
Minutes of 05-21-19
Site Inspections: Report:Mr. Hinz reported visiting the site.
Staff report accepted as part of the record.
The applicant requests approval of a Specific Implementation Plan amendment for vehicle sales at 1911
W. Snell Road.
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 December 4, 2018 Plan Commission recommended approval of
the request with conditions. After additional discussions with the applicant and staff the Common
Council referred the request back to Plan Commission at the December 11,2018 Common Council
meeting. Plan Commission discussed several proposed modifications to the original plan at a March 5,
2019 workshop. Plan Commission recommended approval of previous SIP amendment at the March
19th, 2019 meeting. The applicant continued to express concern after that meeting. Staff conducted a
follow up meeting with the applicant to discuss those concern and is now proposing some minor
changes to the previous SIP amendment. The proposed development consists of an existing
approximately 13,900 sq. ft. auto/truck repair shop and towing service. The applicant is no longer
proposing to add the 50'X 50'building addition that was part of the prior request. The applicant is
also requesting to add auto/truck sales as a permitted use. The applicant is proposing to expand that
area by approximately 39,000 sq. ft.,nearly doubling the existing outdoor storage area. The applicant
has provided a revised site plan. One of the primary concerns is related to the subject site has been the
lack of organization of storage and the haphazard appearance of its storage areas. The applicant has
shown a history seeking approvals for a planned development amendments and then never following
through with the conditions of the approval. This is evident by fact the site was not brought into
compliance with either the 2006 or 2008 planned development amendments. Due to the concerns,staff
is suggesting multiple conditions. Mr. Lyons said there have further discussion with the applicant after
the staff report was written. He said there have been updated conditions in which the applicant has
agreed to.
Mr. Fojtik opened up technical questions to staff.
Mr. Fojtik asked if the modified conditions had been reviewed with the applicant.
Mr. Lyons replied they have been working with the applicant for several weeks. He said the applicant
is in agreement with the modified conditions.
Mr. Fojtik asked for any public comments and asked if the applicant wanted to make any statements.
There were no statements from the applicant
There were no public comments on this item.
Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing statements.
Itenh47P amend for 1911 W Snell Rd 21
There were no closing statements from the applicant
Motion by Vajgrt to adopt the staff report as the findings and recommendations of the Commission, with the
following modifications to the conditions:
Condition Modifications:
1. The second sentence in Condition 5 shall be modified to read as follows:No inoperable
vehicle shall be stored in spaces 115-132 for a period of time exceeding 7 days.
2. Condition 6 shall be modified to read as follows: The spaces identified with an X on the
SW corner of the site plan with staff comments shall be limited to temporary vehicle
storage of operable shop and customer vehicles. The spaces identified with an X on the
SE corner of the site plan with staff comments shall be striped, code complaint parking
spaces, and limited to parking for operable shop and customer vehicles. Semi-trailers
shall not be stored or parked on the X'd areas in either the SW or SE corner.
3. The second sentence of Condition 19 shall be deleted.
4. Condition 21 shall be modified to read as follows: The enclosed outdoor storage area shall
not function as a salvage yard and shall not store vehicles, semi-trailers, or boats of any
type that are being sold or used for parts or scrap. The enclosed storage area shall be
maintained in an organized fashion which shall include the maintenance of at least one
18'foot drive aisle that runs the length north/south of the enclosed outdoor storage area.
All weeds and brush shall be removed from the enclosed storage area, all grass and
vegetation shall be trimmed, and no item within the enclosed storage area shall be stacked
to exceed the 8'height of the fence."
Final Conditions:
1. Piling post with cable shall be installed 5'from the west property line. Applicant shall
provide detail and specifications for the proposed post/cable. In addition, to mitigate
setback reduction, thirty (30) Techny Arborvitae trees, 4'minimum height at time of
planting, shall be installed on the west property line and shall be evenly spaced 10'on
center. When such installation of the piling post and trees occur, there will be a Base
Standard Modification reduction in the required side yard on the west property line from
10 feet as previously approved in 2006 to 5 feet.
2. All expanded outdoor storage per the site submitted by the Applicant on February 21,
2019 (hereinafter "Site Plan") shall be hilly enclosed with an 8 foot high code complaint
metal fence. There will be a Base Standard Modification for the expanded outdoor storage
area to be enclosed to allow an 8 foot high metal fence to match the existing outdoor
storage fence. Applicant shall provide a fencing detail and specifications for the proposed
fence. The site plan with staff comments is included on page 6 of this Staff Report and is
incorporated herein by reference.
Item SIP amend for I9Il W Snell Rol 22
3. The east and south property lines shall be fenced per Site Plan. There will be a Base
Standard Modification to allow an 8 foot 6 inch high solid wood fence in the front yard
setback along east property line and a Base Standard Modification to allow a 4'foot high
chain link fence within the front yard along the east and south property lines.
4. Base Standard Modification to reduce the required customer/employee parking and shop
vehicles from 47 to 28 stalls.
5. On the Site Plan, spaces 1-8 shall be used for employee and customer parking, spaces 9-
47 shall be limited to vehicles sales, spaces 48-68 shall be limited to shop vehicles, spaces
69-114 shall be limited to semi-trailer storage, spaces 115-132 shall be limited to
temporary vehicle storage. No inoperable vehicle shall be stored in spaces 115-132 for a
period of time exceeding 7 days.
6. The spaces identified with an X on the SW corner of the site plan with staff comments
shall be limited to temporary vehicle storage of operable shop and customer vehicles. The
spaces identified with an X on the SE corner of the site plan with staff comments shall be
striped, code complaint parking spaces, and limited to parking for operable shop and
customer vehicles. Semi-trailers shall not be stored or parked on the X'd areas in either
the SW or SE corner.
7. Site is limited to 38 vehicle sales spaces and those spaces are identified on Site Plan and
labeled as spaces 9-47.
8. Towing-related fleet vehicles are limited in parking location to under the existing metal
canopy (marked spaces 51-68), in spaces 48-50 on the Site Plan, or in the enclosed
storage areas as per the 2006 approval.
9. After final approval, applicant shall provide a fully dimensioned and scaled site plan for
approval by the Department of Communihj Development.
10. Parking lot (specifically, spaces 1-68 and spaces 115-132) shall be striped in accordance
with the approved Site Plan.
11. No parking shall be permitted outside of the legally established and striped spaces as
approved as part of the Site Plan
12. All vehicles in parking spaces shall be in operable condition for safe and legal performance
on public right-of-way.
13. All semi-tractors and semi-trailers shall be stored within the 24 spaces along the west
property line (marked spaces 69-92) and 22 spaces along the south property line (marked
spaces 93-114) and shall be stored in compliance with the approved final site plan.
14. 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.
15. Outside storage of parts,fluids, 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 or approved semi-trailer storage spaces.
16. Driveway and parking area shall be brought up to city standards for hard surfacing per
section 30-175(S), examples are concrete or asphalt.
Item-SIP amend for 1911 WSnell Rd 23
17. Applicant shall provide storm water management once 20,000 sq.ft. of total disturbed
area is reached.
18. Final revised landscaping plan shall be reviewed and approved by the Department of
Community Development,
19. Outdoor storage area plan and narrative shall be reviewed and approved by the
Department of Community Development prior to building permit issuance.
20. Permitted uses 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.
21. The enclosed outdoor storage area shall not function as a salvage yard and shall not store
vehicles, semi-trailers, or boats of any type that are being sold or used for parts or scrap.
The enclosed storage area shall be maintained in an organized fashion which shall include
the maintenance of at least one 18'foot drive aisle that runs the length north/south of the
enclosed outdoor storage area. All weeds and brush shall be removed from the enclosed
storage area, all grass and vegetation shall be trimmed, and no item within the enclosed
storage area shall be stacked to exceed the 8'height of the fence."
22. Applicant shall remove the empty scale sign structure located along the east property line
and shown on the Site Plan, or alternatively,Applicant shall install signage in the empty
scale sign structure.
23. All conditions and required site modifications that are made as part of this Specific
Implementation Plan amendment shall be completed by the Applicant within 180 days of
the approval of the Specific Implementation Plan.
Seconded by Hinz.
Mr. Fojtik asked if there was any discussion about the motion.
There was no discussion on the motion.
Motion carried 9-0.
Itent-SIP amend for 1911 W Snell Rd 24
SUBMIT TO:
City of Oshkosh Dept.of Community Development
City 215 Chirch Ave.,P.O.Box 1130
of I
Planned Development Application O,hk.,,,W 54YO1
Oshkosh PHONE (920)236-5059
For General Development Plan or Specific Implementation Plan
"PLEASE TYPE OR PRINT USING BLACK INK"
APPLICANT INFORMATION
Petitioner: Lo(-e-oz- Rene-\eAcK Date:
Petitioner's Address;-W2(') 0CM4W city: -N k -
.` State: I zip, L
Telephone#: R2D) 3'79- Fox:620) '42(,-69P6? Other Contact#or Email:
Status of Petitioner(Please Check):, XOwner 0 Representative 0 Tenant 0 Prospective Buyer
Petitioner's Signature (required): Date 01-
OWNER INFORMATION
Owner(s): r) Date:
Owner(s)Address: City. State-—Zip:
Telephone#: ( Fax: Other Contact#or Email:
Ownership Status(Please Check): n Individual El Trust 11 Partnership ri 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 bi,e9c)stponec[byine-Fic-in-n-�i-ng['tanning Services Incomplete submissions or other
administrative reasons,
Property Owner's Date,
TYPE OF REQUEST,
•General Development Plan (GDP) 0 General Development Plan (GDP)Amendment
•Specific Implementation Plan (SIP) USpecific Implementation Plan (SIP)Amendment
SITE INFORMATION
Address/Location of Proposed Project: VJ
c�� '-Hcv)Proposed Project Type:— -)c4 td I(v.-A I Cckr 4- +Ytjc-k
Current Use of Property: Pv�LTW,-+J-, se oning:
Land Uses Surrounding Your Site: North:-- IVIJL' 1,4CK
South: M�a btstx n, k CVCA ca-VI-)
East: fl
West:
> 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 fee. FEE ISNON-REFUNDABLE
For more Information please visit the City's website atN-ww.ci.oslikosh.wi.us/Coniti)vnily-Developiiient/Planning.titm
Staff Date Rec'd
Page 12
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 40x150 of Office, Bathrooms and Trees.
Page 13
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.
i
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Page 14
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. And 8 for
customer and/or employee parking.
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Page 17
it
SIP AMENDMENT OMNI GLASS&PAINT INC LOREN'S 41 TRUCK PLAZA LLC
1911 W SNELL RD 3530 OMNI DR 3000 OREGON ST
PC:05-21-19 OSHKOSH WI 54904 OSHKOSH WI54902
TOWN OF OSHKOSH-CLERK LORENZ RANGELOFF
ATTN:JEANNETTE MERTEN 3020 OREGON ST
1076 COZY LN OSHKOSH WI 54902
OSHKOSH WI 54901
Page 18
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