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Home My WebLink AboutItem III PLAN COMMISSION STAFF REPORT JANUARY 4, 2022 ITEM III: PUBLIC HEARING: ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (SMU-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 580 S KOELLER STREET GENERAL INFORMATION Applicant: Henry C. Klover Property Owner: GC Oshkosh Holdings, LLC Action(s) Requested: The applicant requests a zone change from the existing Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). The applicant also requests approval of General Development Plan for a commercial development. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning from one classification to another but relies on the Comprehensive Plan and good planning principles. Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Background Information: The subject area consists of a commercial condo lot including a strip mall on the northern portion of the site and restaurant building (Golden Coral) on the southern portion of the lot. The site is zoned Suburban Mixed Use District (SMU). The surrounding area consists of commercial uses to the north and south, residential and institutional uses to the east, and Interstate 41 to the west. The 2040 Comprehensive Land Use Plans recommends Interstate Commercial use for the subject area. Subject Site Existing Land Use Zoning Commercial SMU Recognized Neighborhood Organizations None Page 1 ITEM III: Rezone & GDP 580 S Koeller St. 2 Adjacent Land Use and Zoning Existing Uses Zoning North Commercial SMU South Commercial SMU East Residential & Institutional MR-12 West Interstate-41 SMU Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Interstate Commercial ANALYSIS Zone Change The applicant is requesting a zone change to add a Planned Development Overlay for the southern portion of the parcel (proposed new lots). This request is intended to provide some flexibility to the zoning ordinance to accommodate redevelopment of the restaurant (Golden Coral) site. The applicant has submitted preliminary plans for commercial development of the property, which will be addressed as General Development Plan (GDP) review to follow. Staff is supportive of the proposed rezone as it will also assist redevelopment of the site and provide further review to mitigate potential impacts on neighboring properties. Page 2 ITEM III: Rezone & GDP 580 S Koeller St. 3 Use/Site Design The applicant is proposing to divide the subject parcel into three commercial lots, with the existing strip mall remaining on the northern lot and the existing restaurant being demolished for development of two new commercial lots to the south of the strip mall. A CSM will be required to divide the existing parcel. As proposed, the two commercial sites will both be drive-thru restaurants with a shared access off of S. Koeller St. as well as shared access drive from the neighboring property to the south, which will require cross access agreement. With approval of the rezone, the applicant is requesting a base standard modification (BSM) for increased parking on both lots. The site plan shows 50 stalls on Lot 1 (Panda Express) and 56 stalls on Lot 2 (future drive-thru), where code allows a maximum of 25 parking stalls for both lots. According to the applicant, the increased parking is needed to accommodate expected interior seating (48 seats – Panda Express) as well as drive-thru waiting spaces. The proposed number of parking stalls is more than doubles the code maximum. Staff is continuing to work with the applicant on obtaining additional information on the parking needs of the development and potential existing cross parking agreement with adjacent developments. Any potential BSM will be addressed as part of the SIP phase once all information is available. A base standard modification will also be needed for the drive-thru lane for the future drive-thru restaurant as the stacking length is less than 100’ in front of each order station. This may also be addressed during the SIP phase. The site plan appears to be compliant with all other dimensional requirements. Page 3 ITEM III: Rezone & GDP 580 S Koeller St. 4 Signage Sign renderings were not included with this request, however the submitted site plan shows a monument sign on the northern drive-thru restaurant site (Panda Express) as well as a drive-thru menu board for each of the drive-thru lanes. As shown, the signage meet setback requirements. The applicant is requesting a BSM to allow more than one daily notice sign for both restaurants to accommodate menu boards for double drive-thru lanes on both sites. Staff is supportive of the proposed second daily notice sign for both sites as they are needed for the double drive-thru lanes. The BSM will be addressed as part of the SIP phase. Landscaping A landscape plan was included with the submittal. The plan will need to be amended to meet building foundation landscaping requirements for both buildings, include medium trees along the street frontage, and meet paved area and yard landscaping requirements. Landscaping and/or fencing will also need to be provided along the east property line to meet the 0.3 opacity bufferyard requirement. The applicant will need to meet all landscaping requirements or apply for base standard modifications as part of the SIP process. Page 4 ITEM III: Rezone & GDP 580 S Koeller St. 5 Storm Water Management/Utilities The Department of Public Works has reviewed the plans and noted that a cross access/drainage easement is required and separate water laterals are required for the separate parcels. This will be addressed during the SIP and Site Plan Review processes. Site Lighting A photometric lighting plan has been submitted for Lot 1 (Panda Express) that meets the minimum 0.4 fc lighting requirement for all parking/drive areas and not exceeding the maximum 0.5 fc lighting level at the property lines. The plan notes a light fixture mounting height of 22’, exceeding the maximum mounting height of 20’. However, the light fixtures may be mounted at up to 23’ if to accommodate a light pole base. Final lighting plans will be required to be submitted as part of the SIP request. Building Facades Building elevation plans were submitted for the Panda Express site. All facades are short of the minimum 50% class I materials required by the City’s commercial design standards. The applicant will need to increase the class I material allotment for all facades or apply for a BSM to allow alternative materials. This will be address addressed during the SIP phase. Page 5 ITEM III: Rezone & GDP 580 S Koeller St. 6 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. (e) The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. (g) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. Page 6 ITEM III: Rezone & GDP 580 S Koeller St. 7 (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. Staff recommends approval of the Rezone and General Development Plan with the findings listed above and the following conditions: 1. A Certified Survey Map (CSM) shall be reviewed and approved by the Department of Community Development prior to finalization of the zone change. 2. Cross access agreement for shared driveways shall be filed with the Winnebago County Register of Deeds. 3. All requested base standard modifications (BSM) will be addressed as part of the Specific Implementation Plan (SIP) application. Page 7 Page 8Page 8 Page 9Page 9 Page 10Page 10 Page 11Page 11 Page 12Page 12 PLPLPLPLPLPLPLPLPLPLPLPLPLPLPLU/E U/E U/E U/E U/E U/E U/E U/ER/WR/WU/E U/E U/E U/E U/E U/E U/E U/E U/E U/E PLPLPLPLPLPLPLPLPLPLPLU/EU/EU/EU/EU/EU/EU/EU/EU/EU/EU/EU/EU/EU/EU/EU/EU/EU/EU/EU/EU/EU/EU/EU/ER/WR/WR/WR/WR/WR/WR/WR/WR/WR/WR/WPL PL PL PL PL PL PL PL PL PL PL PL PL PL PL PL PLR/WDYH DYH HT T PL PL PL PL PL PL PL PL PL PL PL PL PL PL PL S89° 05' 03"E 94.81' S88° 46' 55"E 313.49' N01° 13' 05"E 14.50'S00° 53' 00"W261.34'N88° 44' 16"W 362.05' L= 251.19' R= 1105.92' N09° 46' 08"W CH = 250.65' D=013°00'50" ARCH PROJECT #: PANDA PROJECT #: DRAWN BY: ISSUE DATE: REVISIONS: All ideas, designs, arrangement and plans indicated or represented by this drawing are the property of Panda Express Inc. and were created for use on this specific project. None of these ideas, designs, arrangements or plans may be used by or disclosed to any person, firm, or corporation without the written permission of Panda Express Inc. 1683 Walnut Grove Ave. Rosemead, California 91770 Telephone: 626.799.9898 Facsimile: 626.372.8288 PANDA EXPRESS, INC. CONDITIONAL USE 10-22-21 PANDA STORE #: TRUE WARM & WELCOME 2300 R5 21044.016 - S8-21-D8662 OSHKOSH, WI 54902 9TH AVE. & KOELLER ST. TRUE WARM & WELCOME PANDA EXPRESS 1ST 8813 Penrose Lane, Suite 400, Lenexa, KS 66219 ph: 913.649.8181 • fx: 913.649.1275 N LOT 1 SITE DATA SITE SITE AREA:1.11 AC 48,214SF IMPERVIOUS AREA:35,997 SF(74.7%) BUILDING AREA 2500 SF PARKING PARKING PROVIDED:54 STANDARD 3 HANDICAP (1 VAN) PARKING REQUIRED: 8 SPACES (1 SPACE PER 300 SF) ZONING SMU (SUBURBAN MIXED-USE) 9.00' TYP.18.50'TYP.10 3 22 11 17 9 12 18 9 S. KOELLER ST.PROPOSED PANDA EXPRESS 2500 SF CIVIL ENGINEER BRUNGARDT HONOMICHL & COMPANY, P.A. 7101 COLLEGE BOULEVARD, SUITE 400 OVERLAND PARK, KANSAS 66210 P (913) 663-1900 CONTACT:KURT YODER, PE EMAIL:KURT.YODER@IBHC.COM SURVEYOR OF RECORD EXCEL ENGINEERING, INC. 100 CAMELOT DR. FOND DU LAC, WI 54935 P (920) 926-9800 CONTACT:RYAN WILGREEN, PLS EMAIL:RYAN.W@EXCELENGINEER.COM PROPOSED FUTURE DRIVE-THRU 3027 SF ARCHITECT KLOVER ARCHITECTS, INC. 8813 PENROSE LANE, SUITE 400 LENEXA, KS 66219 P (913) 649-8181 CONTACT:XAVIER GAVIN EMAIL:XAVIER.GAVIN@KLOVER.NET 00 CONSTRUCTION NOTES 01 LEAD FREE, WATER-BORNE EMULSION BASED WHITE TRAFFIC PAINT FOR PARKING LOT STALL STRIPING (TYP.). 02 DUMPSTER AND SCREENING ENCLOSURE. SEE ARCHITECT'S PLANS 03 MENU BOARD. SEE ARCHITECT'S PLANS 04 SPEAKER BOX. SEE ARCHITECT'S PLANS 05 DRIVE THRU CLEARANCE BAR. SEE ARCHITECT'S PLANS 06 ADA PARKING AREA. 2% MAXIMUM SLOPE IN ANY DIRECTION. 07 RUBBER WHEEL STOPS 08 CONCRETE SIDEWALK 09 MONUMENT SIGN C1 SITE PLAN JLA 02 02 01 01 01 01 03 04 03 04 03 04 03 04 05 0506 06 07 07 08 08 10' SETBACK 25' SETBACK25' SETBACK10' SETBACK 10' SETBACK 12' UTILITY EASEMENT 12' UTILITYEASEMENT15' UTILITYEASEMENTCOMMON ELEMENT PER PLAT PROPOSED LOT SPLIT LINE 2 LOT 2 SITE DATA SITE SITE AREA:1.13 AC 49,213SF IMPERVIOUS AREA:32,887 SF(66.8%) BUILDING AREA 3027 SF PARKING PARKING PROVIDED:53 STANDARD 3 HANDICAP (1 VAN) PARKING REQUIRED: 10 SPACES (1 SPACE PER 300 SF) PROPERTY DESCRIPTION Below is the existing property description. This does not include the proposed lot split. 8nit 80 $ddenduP 1o. 1 to 5iYer 9Dlley &orrDl &ondoPiniuP D condoPiniuP Dccording to the 'eclDrDtion oI &ondoPinuP recorded in 'ocuPent 1o. 19399 Dnd DPendPents thereto together with sDid 8nit s DppurtenDnt 0 undiYided interest in Dnd to the coPPon elePents thereto &ity oI 2shNosh :inneEDgo &ounty :isconsin $313Drcel ,'s901120000 TDx 0Dp ,'s901120000 3roperty $ddress80 6 .oeller 6treet 2shNosh :, 902 PROP O S E D L O T 1 PROPO S E D L O T 2 09 SITE LEGEND PROPOSED BUILDING STANDARD CURB & GUTTER PARKING STALL COUNT# EXISTING SUBJECT PROPERTY LINEPL PROPOSED SUBJECT PROPERTY LINEPL EXISTING ADJACENT PROPERTY LINE EXISTING RIGHT-OF-WAY LINER/W ACCESS EASEMENT UTILITY EASEMENTU/E WOOD FENCE CHAIN LINK FENCE SETBACK LINE Page 13Page 13 Rezone/GDP 580 S KOELLER ST PC: 01-04-22 JAMES P RUDOLPH 1752 W 5TH AVE C OSHKOSH, WI 54902 DIETER S PRESSER 1501 W 7TH AVE OSHKOSH, WI 54902 CHRISTIAN COMMUNITY CHILD CENTER INC 3870 JACKSON ST OSHKOSH, WI 54901 BRANDON C/SUMMER L BJARNARSON 1771 W 5TH AVE OSHKOSH, WI 54902 KIM J/LORI A BUCK 1773 W 5TH AVE OSHKOSH, WI 54902 NOREEN KIRCHHOFF 1775 W 5TH AVE OSHKOSH, WI 54902 SUSAN M DENNING 1777 W 5TH AVE OSHKOSH, WI 54902 JOHANN KOPEINIG 1779 W 5TH AVE OSHKOSH, WI 54902 600 S KOELLER STREET LLC PO BOX 52427 ATLANTA, GA 30355 PETER M FREDERIKSEN ETAL 691 S GREEN BAY RD #208 NEENAH, WI 54956 OLD NATIONAL BANK PO BOX 718 EVANSVILLE, IN 47705 HENRY C KLOVER 8813 PENROSE LANE SUITE 400 LENEXA, KS 66219 GC OSHKOSH HOLDINGS LLC 1621 CONGRESS AVE OSHKOSH, WI 54901 Page 14Page 14 !"#$41!"#$41 SSKKOOEELLLLEERRSSTTWW 77TTHH AAVV W 5TH AVW 5TH AVWW1155TTHHAAVV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 12/21/2021 1 in = 120 ft1 in = 0.02 mi¯580 S KOELLER ST580 S KOELLER ST City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 15Page 15 SMU I SR-5 I I SMU-PDI DR-6 MR-12 I I MR-12 SMU-PD MR-12 SMU-PD I-PD SR-5 DR-6 SMU-PD DR-6 SR-5 MR-12 MR-12 SMU-PD NMU !"#$41 !"#$41 WITZEL AVWITZEL AV SSWWAASSHHBBUURRNNSSTTWW 99TTHH AAVV SSKKOOEELLLLEERRSSTTREICHOW STREICHOW STW 5TH AVW 5TH AV S WESTFIELD STS WESTFIELD STLILAC STLILAC STARMORY PLARMORY PLABBEY AVABBEY AV W 7TH AVW 7TH AV W 6TH AVW 6TH AV MMOORREELLAANNDD SS TT WINDSOR STWINDSOR STBISMARCK AVBISMARCK AV CRYSTAL SPRINGS AVCRYSTAL SPRINGS AVS WESTFIELD STS WESTFIELD STW 7TH AVW 7TH AVWW77TTHHAAVV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 12/21/2021 1 in = 500 ft1 in = 0.09 mi¯580 S KOELLER ST580 S KOELLER ST City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 16Page 16 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 12/21/2021 1 in = 100 ft1 in = 0.02 mi¯580 S KOELLER ST580 S KOELLER ST City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 17Page 17