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HomeMy WebLinkAbout10-01JANUARY 12, 2010 10 -01 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM C -2 GENERAL COMERCIAL TO C -2 GENERAL COMMECIAL WITH A PLANNED DEVELOPMENT OVERLAY / 1200 SOUTH KOELLER STREET INITIATED BY: TWILIGHT BURGERS LLC, PETITIONER PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30 -16 (B) 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 -16(B) of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the following described area from C -2 General Commercial to C -2 General Commercial with a Planned Development Overlay. Lot 2 of CSM 1359, Doc. #625518, Register of Deeds, 13th Ward, City of Oshkosh, Winnebago County, Wisconsin, plus public right -of -way extending to the south bound lane of USH 41. 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 #10 -XXX APPROVE ZONE CHANGE FROM C -2 GENERAL COMMERCIAL TO C -2 GENERAL COMMERCIAL WITH A PLANNED DEVELOPMENT OVERLAY / 1200 SOUTH KOELLER STREET on January 26, 2010. The Ordinance changed the zoning classification to C -2 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. A OYHK lH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich 0' Director of Planning Se ices DATE: January 7, 2010 RE: Approve Zone Change from C -2 General Commercial to C -2 General Commercial with a Planned Development Overlay / 1200 South Koeller Street (Plan Commission Recommends Approval) BACKGROUND The approximate 6.3 acre property is the former home to the 60,000 square foot Copps Grocery Store located at 1200 South Koeller Street, which is now vacant. The property is located approximately 1,000 feet south of West 9 Avenue and approximately 550 feet north of Menard Drive. Staples, Hobby Lobby, Starbucks and other retail establishments are adjacent to the north and Shopko is adjacent to the south. Highway 41 to the west and multiple - family housing to the east. ANALYSIS The purpose of rezoning is to allow a planned development for the immediate creation of a drive - through restaurant but also to provide an avenue for the future redevelopment of the entire parcel that is consistent with development to the north and south. Planned Development designation is beneficial to the property owners as it may allow base standard modifications that may provide relief from existing conditions affecting the lot such as substandard setbacks. The Planned Development designation is beneficial to the City as it provides a vehicle for the potential redevelopment of the Copps site while allowing further development of "outlot" type structures on the parcel with City review and oversight of future development plans. FISCAL IMPACT N/A but the City will receive a benefit through increased property taxes from new development occurring on the property. RECOMMENDATION The Plan Commission approved of this request at its December 1, 2009 meeting. Approved, City Manager ITEM: ZONE CHANGE FROM C -2 GENERAL COMMERCIAL DISTRICT TO C -2 PD GENERAL COMMERCIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY TO ALLOW FURTHER DEVELOPMENT AT 1200 SOUTH KOELLER STREET Plan Commission meeting of December 1, 2009 GENERAL INFORMATION Applicant: Twilight Burgers, LLC Owner: 1200 South, LLC Action(s) Requested: Zone change from C -2 General Commercial District to C -2PD General Commercial District with a Planned Development Overlay. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies on the Comprehensive Plan, redevelopment plans and good planning principles. Property Location and Background Information: The approximate 6.3 acre property is the former home to the 60,000 square foot Copps Grocery Store located at 1200 South Koeller Street, which is now vacant. The property is located approximately 1,000 feet south of West 9 1h Avenue and approximately 550 feet north of Menard Drive. Staples, Hobby Lobby, Starbucks and other retail establishments are adjacent to the north and Shopko is adjacent to the south. Highway 41 to the west and multiple - family housing to the east. Subject Site Existing Land Use Zonin General Commercial - Vacant C -2 Adiacent Land Use and Lonin Existin Uses 10 Year Land Use Recommendation Zonin North General Commercial . _........... ....... . .. ......... ......... .......... .. C -2 _.. ... --l", . ............ _ ..................... ..... General Co .........................................................................................._......._ . _. .......................................................... . _ ........... ............................. .... .._................ East .........................................._ . . _ Multiple-Family Residences _. ............................................ .._............................ P Y _.... ............... R -3 .......................... ............................... West . .. ... STH "41" N/A Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS The petitioner is requesting approval to rezone the subject property's existing C -2 General Commercial District zoning designation with a Planned Development Overlay District. The purpose of rezoning is to allow a planned development for the immediate creation of a drive - through restaurant but also to provide an avenue for the future redevelopment of the entire parcel that is consistent with development to the north and south. Planned Development designation is beneficial to the property owners as it may allow base standard modifications that may provide relief from existing conditions affecting the lot such as substandard setbacks. The Planned Development designation is beneficial to the City as it provides a vehicle for the potential redevelopment of the Copps development while allowing further development of "outlot" type structures on the site with City review and oversight of future development plans. RECOMMENDATION The Department of Community Development recommends approval of the zone change from C -2 to C -2PD, as requested. The Plan Commission approved of the zone change as requested. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site plan. He stated that the zone change was consistent with the Comprehensive Plan and the surrounding sites. He further stated that the petitioner would be utilizing a portion of a large parking lot and base standard modifications were being requested for setbacks and a few additional modifications such as LED lights on the front of the building. He also reviewed the traffic circulation, pedestrian walkways, lighting, signage, and elevations, landscaping, stormwater and grading, and building features. The petitioner would be required to meet code on all aspects which would be reviewed at permit issuance. He also reviewed the conditions placed on the CUP /PD request. Motion by Fojtik to vote on the rezoning and CUP /PD requests separately. There was some discussion among Commission members whether the rezoning and CUP/PD items should be separated or voted on as one item. There were concerns by several members that the approval of the rezoning to a Planned Development area would relax standards for the development by allowing base standard modifications. Mr. Buck commented that the Planned Development can provide higher quality standards for the development as well as relaxing standards by allowing base standard modifications from some zoning requirements. Mr. Burich suggested that the items be separated and voted on individually with the CUP /PD being handled first since if approval was denied for this request, the rezoning request would not be necessary. Seconded by Thoms. Motion carried 9 -0. Mr. Borsuk questioned if the landscaping on the site was adequate. Mr. Buck responded that no formal landscaping plan had been submitted at this time; however the developer would be required to meet code requirements for number of plantings, species, etc., at the time of permit issuance. Mr. Borsuk inquired if stormwater plans were submitted with the application. Item - Rezone 1200 S Koeller St Mr. Buck replied that stormwater plans, if required, would also be reviewed at the time of permit issuance. Steve Gohde, Assistant Director of Public Works, stated that this site would not be required to submit stormwater plans as the developer was not increasing the impervious area by 50 %, and the site is less than one acre in size. The plans also meet the DNR's standards for stormwater quality improvements. Mr. Thorns suggested that the Plan Commission add a condition to this request to require stormwater plans be submitted even if code does not require it as this area has experienced significant flooding issues in the past. Mr. Gohde stated that City ordinance allows the development to occur without stormwater management plans unless the imperious surface is being increased and that redevelopment areas are a different entity than new development sites. Mr. Thorns then suggested that the developer include rain gardens in their landscaping plans to address the issue. Mr. Buck commented that the portion of the parcel being redeveloped is 10% of the entire existing lot. Mr. Borsuk stated that if the area being redeveloped was one acre or more, the developer should also be presenting a stormwater plan to decrease solids. Mr. Gohde responded that this would not apply if the impervious surface was not being increased. Mr. Borsuk commented that we need to start now with landscaping or breaking up big box parking lots to avoid issues of redeveloping small portions of these sites which will create more flooding problems in the future. Mr. Thorns questioned the setback requirements in the 41 corridor, and when they apply, if we continue to allow exceptions to the requirements for redevelopment. Mr. Buck responded that the building does meet the setback standards as well as the signage for the site. There is a base standard modification for a reduced front yard setback for pavement and a reduced north side yard setback; however that is necessary to accommodate the drive aisles previously established in front of the buildings. To require the developer to pull this structure back would essentially block off the existing drive aisles leading to other parcels in the surrounding area. Mr. Thorns commented that he felt the 41 corridor standards seemed useless if they could not be enforced with new developments. Mr. Burich stated that the original setback for the 41 corridor was 50 feet; however it was established at a time when reconstructing the frontage road was being considered and the City did not want structures developed too close to the road requiring them to be relocated. The reduced setbacks being requested for this development were for parking area only and the location of the structure was within the required setback area. Mr. Thorns then commented that developments should not be placed too close to the road as it creates a hazardous situation in the event of an accident that could occur in the roadway. Tim Sparks, 5232 West Princeton Pines Court, Franklin, Wisconsin, the petitioner for the request, stated that they do not have an issue with removing the parking stall in the drive -in canopy area to meet the Item - Rezone 1200 S Koeller St required setback as suggested in the staff report. He further stated that he does not work for Sonic and that he is a community involved individual who is willing to do the right thing as far as developing the site. The landscaping on the site would be more than just adequate and the quality of the building materials would be the same. He utilizes Wisconsin materials and laborers in the development and suggested that other Sonic sites he has recently established in Grand Chute and Milwaukee were representative of the quality of his developments. Mr. Borsuk inquired if he had dealt with stormwater issues on his other developments. Chris Carr, 1541 North Jefferson Street, Milwaukee, design engineer for the development, stated that they dealt with stormwater management plans on one out of 41 sites they designed and the addition of landscape islands on this site should improve water quality issues. The redevelopment area makes development more difficult on the site and he commented that he was not aware of any flooding issues. He further commented that the changing of the grading for the site should also improve the existing conditions. Andy Dumke, 2030 Menominee Drive, owner of the parcel, stated that the area being developed is too small to do stormwater management plans and that he has developed several other parcels on Koeller Street similar to this one. He further stated that the rest of the area behind the proposed Sonic site is undevelopable due to an existing easement area located there. He also commented that the established drive aisle needs to be retained to continue the traffic flow to other parcels in the area. Mr. McHugh stated that the parking lot on this parcel is deteriorated and questioned how the new parking lot ordinance would affect this. Mr. Buck responded that the area being redeveloped will have to meet the code requirements of the new ordinance but the remainder of the lot will not be affected at this time. The rest of the site cannot be addressed until it is redeveloped. Motion by Nollenberger to approve the zone change from C -2 General District to C -2PD General Commercial District with a Planned Development Overlay as requested. Seconded by McHugh. Motion carried 9 -0. Item- Rezone 1200 S Koeller St 4 1200 South Koeller Street Planned Development Twilight Burgers, LLC is submitting for a Planned Development at the property located at 1200 South Koeller Street. The property is 6.291 acres and is owned by Sonic of Oshkosh, LLC. The current use of the site is an existing commercial building with parking, but the building is not leased. The proposed use of the site would be for a Sonic Drive -In on the northwest corner of the site on a 0.71 acre site. The restaurant will have a 1,750 square foot building along with remote canopies for drive -in customers. The site will have 22 drive -in parking spaces, 5 standard parking spaces for the patio, and 2 handicap parking spaces for a total of 29 spaces. Sonic will install new asphalt and concrete pavement within the site along with curbed landscape islands. Sonic is proposing a pylon sign on the far west side of the site to the south of the existing driveway. Sonic will employ approximately 75 - 100 people at the restaurant. The existing site is 31,200 square feet and is all asphalt (0% greenspace). The proposed site will have approximately 3,120 square feet of landscape area (10% greenspace). The restaurant will operate 363 days a year, 6am to midnight. The restaurant is completely surrounded by commercial developments and the Interstate and expects not to have any negative effect on the neighborhood. Sonic is compatible with the other commercial developments and uses along South Koeller Street. Sonic has shift changes in the day and deliveries are primarily completed in the early morning. The generated traffic is not expected to have a negative impact on the area traffic. Sonic works with local police and neighboring properties for traffic control during the high traffic opening weeks. Future plans of the remainder of the site are not known at this time and would require modifications to the Planned Development. The Planned Development will require some variances (C -2 HNVY 41 Overlay Zoning) for the development and are listed below along with reasons they are requested: qA Parking front setback to be 1 foot- A variance is requested for the 25 -f oot front setback in order for the site plan to fit. • Many adjacent commercial properties have parking setbacks within 1 -f oot of right of way. • Koeller Street is a highway frontage road so parking lot not visible to neighboring residential and /or commercial properties. • Sonic requires high visibility and with specific layout of site needs to be as close to Koeller as possible. • Sonic would provide landscape plantings on public right of way between sidewalk and parking lot if City required for buffering. Canopy setbacks to be 40 -feet- A variance is requested from the 50 -foot front setback for building • Canopies are different from buildings and do not provide the issue with aesthetics nor do they block vision for development in the rear. Parking lot driving aisle front setback to 15 -feet- A variance is requested from the 70 -foot setback for driving aisle. • Existing parking lot has driving aisle at a 1 -foot setback • Adjacent parking lots have drive aisles within 15 -feet. No landscape buffer between parking and front right of way- A variance is requested from the 5 -foot landscape buffer • Existing parking lot has zero landscape buffer. • Sonic would provide landscape buffer plantings on 5 -feet of public right of way between sidewalk and parking lot if City required for buffering. Proposed parking for Sonic approved as submitted- A variance is requested from typical off - street parking number regulations • Sonic is not a "typical" development and does not fall into any categories provided in Codes. • Sonic has no interior dining area, so therefore the building size should not control its required parking. • Sonic's only dining area is 500 square foot patio of which 5 parking spaces are provided. • Parking for employees and overflow parking is available on adjacent site. CUP /PD -SONIC RESTAURANT 1200 S KOELLER ST PC: 12 -01 -09 KLEINHUIZEN TRST GERRITT J /DONNA 1115 E NEW YORK AVE OSHKOSH WI 5.4901 4030 RE 1125 MORELAND ST TLK INVESTMENTS LLC 1754 RIVER MILL RD OSHKOSH WI 54901 2769 RE 13'15 MORELAND ST CAPITOL COURT APPLETON LLC 3148 MID VALLEY RD DE PERE WI 54115 RE 1150 S KOELLER ST JBC DEVELOPMENT LLC 1138 EVANS ST OSHKOSH WI 54901 3969 RE 1135 & 1209 MORELAND ST GAMS LLC 2535 KNAPP ST OSHKOSH WI 54902 9004 RE 1217 MORELAND ST 1200 SOUTH LLC 3315 N BALLARD RD STE A APPLETON WI 54911 8988 RE 1200 S KOELLER ST SHOPKO SPE REAL ESTATE LLC PO BOX 19060 GREEN BAY WI 54307 9060 RE 1300 S KOELLER ST TWILIGHT BURGERS LLC 5232 W PRINCETON PINES CT FRANKLIN WI 53132 5 U* ----------------------- 9, •t I t • I ; j fix 931 9 � � � i � J �� � j 4�r 2P r i.' � i • i i i I _ 1 V i . .�; 1 I t 1 I I I ! I I r k b 5• � I i ° !. i i j K ✓'�F., �! Q LLIJ i i I I ' i I R,Y STAL.SPR . ! !! 1711 1 Li �yl ! '^ y/ � r �u I 1 i O I i ry ; W ! .. �,• 1 1 I I 7 ! —J! 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