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Home My WebLink About33. 22-307JULY 12, 2022 22-307 ORDINANCE FIRST READING (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (SMU-PD) FOR PROPERTIES LOCATED AT 350-600 SOUTH KOELLER STREET INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 387 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-387 of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the properties located at 350-600 South Koeller Street from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). BEING ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 1100, RECORDED AS DOCUMENT NUMBER 586837, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF LOTS 1 AND 3 OF CERTIFIED SURVEY MAP NUMBER 4996 RECORDED AS DOCUMENT NUMBER 1180343, WINNEBAGO COUNTY REGISTER OF DEEDS, PART OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 2911, RECORDED AS DOCUMENT NUMBER 876024, WINNEBAGO COUNTY REGISTER OF DEEDS, ALL OF THE FIRST ADDENDUM NO. 1 TO RIVER VALLEY CORRAL CONDOMINIUM, RECORDED AS DOCUMENT NUMBER 1693968, WINNEBAGO COUNTY REGISTER OF DEEDS, PARTS OF INTERSTATE 41, S. KOELLER STREET, W. 7TH AVENUE AND W. 9TH RIGHTS-OF-WAY, PART OF VACATED SYCAMORE STREET, AND PART OF THE WEST ½ OF THE SOUTH ¼ OF SECTION 22, TOWNSHIP 18 NORTH, RANGE 16 EAST, ALL LOCATED IN THE WEST ½ OF THE SOUTH ¼ OF SECTION 22, JULY 12, 2022 22-307 ORDINANCE FIRST READING CONT’D TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 22; THENCE N01°01’27”E, 1,634.84 FEET ALONG THE WEST LINE OF SAID SECTION 22 TO A POINT ON THE EXTENDED NORTH LINE OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 1100; THENCE S88°49’05”E, 414.82 FEET ALONG THE EXTENDED NORTH LINE AND NORTH LINE OF SAID LOT 1 TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S00°54’33”E, 104.50 FEET ALONG THE EAST LINE OF SAID LOT 1 TO THE SOUTHEAST CORNER OF SAID LOT 1, ALSO BEING A POINT ON THE NORTH LINE OF CERTIFIED SURVEY MAP NUMBER 4996; THENCE S88°49’05”E, 389.87 FEET ALONG SAID NORTH LINE TO THE NORTH EAST CORNER OF LOT 1 OF SAID CERTIFIED SURVEY MAP NUMBER 4996; THENCE S01°25’10”W, 195.09 FEET ALONG THE EAST LINE OF SAID LOT 1 TO A POINT; THENCE S01°01’27”W, 3.43 FEET ALONG THE EAST LINE OF SAID LOT 1 TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE N88°49’05”W, 166.59 FEET ALONG THE SOUTH LINE OF SAID LOT 1 TO THE NORTHEAST CORNER OF LOT 3 OF SAID CERTIFIED SURVEY MAP NUMBER 4996, ALSO BEING A POINT ON THE CENTERLINE OF VACATED SYCAMORE STREET; THENCE S00°46’07”W, 787.98 FEET ALONG SAID CENTERLINE, ALSO BEING THE EXTENDED EAST AND EAST LINE OF THE FIRST ADDENDUM NO. 1 TO RIVER VALLEY CORRAL CONDOMINIUM TO THE SOUTHEAST CORNER OF SAID CONDOMINIUM; THENCE S88°36’07”E, 19.00 FEET TO A POINT; THENCE S01°01’09”W, 546.49 FEET ALONG A LINE 19.00 FEET EAST OF AND PARALLEL TO THE CENTERLINE OF VACATED SYCAMORE STREET TO A POINT ON THE SOUTH LINE OF SAID SECTION 22; THENCE N88°36’07”W, 662.85 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 1,071,152 SQUARE FEET OR 24.590 ACRES. MORE OR LESS. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #22-XXX APPROVE ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (SMU-PD) FOR PROPERTIES LOCATED AT 350-600 SOUTH KOELLER STREET on July 26, 2022. This ordinance changes the zoning of the properties located at 350-600 South Koeller Street from Suburban Mixed Use District JULY 12, 2022 22-307 ORDINANCE FIRST READING CONT’D (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: July 7, 2022 RE: Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) for Properties Located at 350-600 South Koeller Street BACKGROUND The Community Development Department requests approval of a zone change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) for properties located at 350-600 South Koeller Street. The subject area consists of five (5) parcels located on the east side of South Koeller Street north of West 7th Avenue. The subject sites are zoned SMU and have commercial land uses. Properties included in the request are Midas (350 South Koeller Street), Koeller Plaza Commercial Condos and Comfort Suites (400-412 South Koeller Street), Old National Bank (420 South Koeller Street), River Valley Corral Commercial Condos (500- 550 South Koeller Street), and Red Robin (600 South Koeller Street). The surrounding area consists of commercial uses to the north and south, Interstate-41 to the west, and residential uses to the east. The 2040 Comprehensive Land Use Plans recommends interstate commercial uses for the subject area. ANALYSIS The City is requesting an area wide zone change of the five (5) subject parcels from SMU to SMU-PD to accommodate future improvements to the area. The request is also intended to provide consistent zoning with the recently approved Panda Express site (580 South Koeller Street) with the strip mall to the north to accommodate access to the Panda Express site as a common development. Staff have identified nonconforming situations existing on the following properties that would necessitate base standard modifications or variances for future site improvements: 600 South Koeller Street (Red Robin), 500 South Koeller Street (the strip mall north of the Panda Express site), 420 South Koeller Street (Old National Bank), 410 South Koeller Street (strip mall/Comfort Suites Hotel), and 350 South Koeller Street (Midas). Rezoning these properties to add a Planned Development Overlay will assist future site City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us improvements by allowing requests for base standard modifications. It will also provide consistent zoning with all adjoining properties fronting South Koeller Street. RECOMMENDATION The Plan Commission recommended approval of the rezone on July 5, 2022. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager ITEM: ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (SMU-PD) FOR PROPERTIES LOCATED AT 350-600 SOUTH KOELLER STREET Plan Commission meeting of July 5, 2022. GENERAL INFORMATION Applicant: City of Oshkosh Community Development Department Property Owners: Midas Properties, Inc., 404 S Koeller Street LLC, Purshottam LLC, Old National Bank, Peter M Frederiksen Etal, CFT NV Development LLC, 600 S Koeller Street LLC Action(s) Requested: The Community Development Department requests approval of a zone change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) for properties located at 350-600 S. Koeller St. Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Property Location and Background Information: The subject area consists of 5 parcels located on the east side of S. Koeller St., north of W 7th Avenue. The subject sites are zoned SMU and have commercial land uses. Properties included in the request are Midas (350 S. Koeller St.), Koeller Plaza commercial condos and Comfort Suites (400-412 S. Koeller St.), Old National Bank (420 S. Koeller St.), River Valley Corral commercial condos (500-550 S. Koeller St.), Red Robin (600 S. Koeller St.). The surrounding area consists of commercial uses to the north and south, Interstate-41 to the west, and residential uses to the east. The 2040 Comprehensive Land Use Plans recommends interstate commercial uses for the subject area. Subject Site Existing Land Use Zoning Commercial SMU Recognized Neighborhood Organizations None Adjacent Land Use and Zoning ITEM VII: Rezone 350-600 S. Koeller St. 2 Existing Uses Zoning North Commercial SMU-PD South Commercial SMU-PD East Institutional, residential, commercial MR-12, SR-5, SMU-PD West Interstate-41 SMU Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Interstate Commercial NALYSIS Zone Change The City is requesting an area wide zone change of the 5 subject parcels from SMU to SMU-PD to accommodate future improvements to the area. The request is also intended to provide consistent zoning with the recently approved Panda Express site (580 S. Koeller St.) with the strip mall to the north to accommodate access to the Panda Express site as a common development. Rezone to SMU-PD ITEM VII: Rezone 350-600 S. Koeller St. 3 Staff has identified the following nonconforming situations existing on these properties that would necessitate base standard modifications or variances for future site improvements. 600 S. Koeller St. (Red Robin) - ~89% impervious surface, maximum 70% - 4’ front yard setback (W 7th Ave.), minimum 25’ - 8’ front yard setback (S. Koeller St.), minimum 25’ - 5’ side yard setback (north and east), minimum 10’ 500 S Koeller St. (strip mall north of Panda site) - ~89% impervious, max 70% - ~0’ side yard (north) setback, min. 10’ - 0’ front yard setback, min. 25’ - Missing intermediate landscape islands - ~160 parking stalls, max. 65 stalls 420 S Koeller St. (Old National Bank) - ~85% impervious, max 70% - 2 ground signs, max 1 - 0’ side yard (south) setback, min. 10’ - Missing intermediate landscape islands - 131 stalls provided, 131 required. Meeting current landscaping/impervious surface requirements would result in substandard parking count. 410 S Koeller St. (strip mall/Comfort Suites hotel) - Condo parcel 350 S Koeller St. (Midas) - ~0’ side yard (north) setback, min. 10’ Rezoning these properties to add a Planned Development Overlay will assist future site improvements by allowing requests for base standard modifications. It will also provide consistent zoning with all adjoining properties fronting S. Koeller Street. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Zoning Map amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-381 (D)(2): (a) Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency. (b) Is in harmony with the Comprehensive Plan. ITEM VII: Rezone 350-600 S. Koeller St. 4 (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (d) Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: (ii) Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. Staff recommends approval of the zone changes with the findings listed above. The Plan Commission recommended approval of the rezone on July 5, 2022. The following is their discussion on the item. Site Inspections Report: Mr. Mitchell, Ms. Propp and Mr. Perry all reported visiting the site. Staff report accepted as part of the record. The Community Development Department requests approval of a zone change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) for properties located at 350-600 S. Koeller St. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The City is requesting an area wide zone change of the 5 subject parcels from SMU to SMU-PD to accommodate future improvements to the area. The request is also intended to provide consistent zoning with the recently approved Panda Express site (580 S. Koeller St.) with the strip mall to the north to accommodate access to the Panda Express site as a common development. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. There were no other public comments on this item. There were no closing statements from the applicant. Motion by Propp to adopt the findings and recommendation as stated in the staff report. ITEM VII: Rezone 350-600 S. Koeller St. 5 Seconded by Davey. Mr. Perry asked if there was any discussion on the motion. Motion carried 6-0. ZONE CHANGE 350-600 S KOELLET ST PC: 7-05-2022 OSHKOSH THEATRES CORP 100 E WISCONSIN AVE 1900 MILWAUKEE, WI 53202 MIDAS PROPERTIES INC PO BOX 52427 ATLANTA, GA 30355 OSHKOSH LANDMARK LLC 13435 S MCCALL RD UNIT 16 PORT CHARLOTTE, FL 33981 MARTIN L HAMMEN W13126 OLDEN RD RIPON, WI 54971 HELMUT PRESSER 1418 W 4TH AVE OSHKOSH, WI 54902 DIETER S PRESSER 1501 W 7TH AVE OSHKOSH, WI 54902 JAMES P RUDOLPH 1752 W 5TH AVE C 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 SARA REIMER 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 PEANUT & BUCKY PROPERTIES LLC 1560 ARBORETUM DR OSHKOSH, WI 54901 CFT NV DEVELOPMENTS LLC 1120 N TOWN CENTER DR STE 150 LAS VEGAS, NV 89144 PETER M FREDERIKSEN ETAL 691 S GREEN BAY RD #208 NEENAH, WI 54956 BRANDIN A GAERTNER 385 LILAC ST OSHKOSH, WI 54902 CRAIG P SCANLAN 365 LILAC ST OSHKOSH, WI 54902 AARON/JENNIFER RUNKLE 413 LILAC ST OSHKOSH, WI 54902 JILL E HOHENWALTER 403 LILAC ST OSHKOSH, WI 54902 600 S KOELLER STREET LLC PO BOX 52427 ATLANTA, GA 30355 GC OSHKOSH HOLDINGS LLC 1621 CONGRESS AVE OSHKOSH, WI 54901 FREDERIKSEN ETAL, PETER M 691 S GREEN BAY RD #208 NEENAH, WI 54956 OLD NATIONAL BANK PO BOX 718 EVANSVILLE, IN 47705 PURSHOTTAM LLC 400 S KOELLER ST OSHKOSH, WI 54902 404 S KOELLER STREET LLC 691 S GREEN BAY RD #208 NEENAH, WI 54953 !"#$41 !"#$41 WW 99 TT HH AAVV SS KK OO EE L L LL EE RR SS TT SS WWAASSHH BB UURR NN SSTT LILAC ST LILAC ST S WESTFIELD ST S WESTFIELD ST W 5TH AVW 5TH AV W 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: 7/6/2022 1 in = 220 ft1 in = 0.04 mi¯350-600 S KOELLER350-600 S KOELLER 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 SMU I SR-5 I I SMU-PDI DR-6 MR-12 MR-12 I SMU-PD SMU-PD MR-12 I-PD I SR-5 SMU-PD SMU-PD DR-6SR-5 MR-12 MR-12 DR-6 SR-3 SMU-PD NMU !"#$41 !"#$41 WITZEL AVWITZEL AV WW 99TTHHAAVV SSWWAA SSHHBBUURRNN SS TT SSKKOOEELLLLEE RR SSTT REICHOW ST REICHOW ST W 5TH AVW 5TH AV S WESTFIELD ST S WESTFIELD ST LILAC ST LILAC ST ARMORY PL ARMORY PL W 6TH AVW 6TH AV W 7TH AVW 7TH AV ABBEY AVABBEY AV MMOORREELLAANN DD SS TT WINDSOR ST WINDSOR ST BISMARCK AVBISMARCK AV CCRRYYSSTTAALL SSPPRRIINNGGSS AAVV W 7TH AVW 7TH AV S WESTFIELD ST S WESTFIELD ST WW 77 TT HH AAVV WWEESSTTPPOO IINNTT EE DD RR C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 7/6/2022 1 in = 500 ft1 in = 0.09 mi¯350-600 S KOELLER350-600 S KOELLER 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 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 7/6/2022 1 in = 200 ft1 in = 0.04 mi¯350-600 S KOELLER350-600 S KOELLER 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