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Home My WebLink AboutItem IVAPLAN COMMISSION STAFF REPORT MAY 03, 2011 ITEM IVA: ZONE CHANGE FROM R -1 SINGLE FAMILY RESIDENCE DISTRICT. R -2 TWO FAMILY RESIDENCE DISTRICT AND C -1 NEIGHBORHOOD BUSINESS DISTRICT TO C -2PD GENERAL COMMERCIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY AT THE 1700 BLOCKS OF WEST 7' YH AND WEST 9 TH AVENUES GENERAL INFORMATION Applicant: Excel Engineering, LLC Owner: Multiple Owners Action(s) Requested: Zone change from R -1 Single Family Residence District, R -2 Two Family Residence District and C -1 Neighborhood Business District to C -2PD General Commercial District with a Planned Development Overlay to allow the combination of lots for the development of a retail pharmacy with drive - through service. 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 accepted planning practices. Property Location and Background Information: The area encompassed in the rezoning request is approximately 1.86 acres (80,900 square feet) in size and is located at the 1700 blocks of West 7` and West 9' Avenues near the northeast corner of West 9' Avenue and South Koeller Street intersection, It currently consists of seven individual parcels (1717 —1745 West 7' & 1718 --1746 W 9 containing one office; one 4 -unit multiple family; three 2- family residential and two single- family residential uses. Commercial uses are located to the west and south and predominately single family uses are located to the north and the east. Subject Site Existing Land Use Zonis Commercial office and multiple density residential uses R -1, R -2 & C -1 Adiacent Land Use and Zoning Existing Uses Zonis North Single family residential (across W. 7 t ' Ave. ) R -1 West Commercial C-2/lIwy 41 South Commercial and mixed -use (across W. 9 Ave.) C -2PD/H 41 & C -2 East Single family residential and mixed -use R -1 & C -1 Com rehensive Plan Comprehensive Land Use Recommendation Land Use 10 Year Land Use Recommendation Commercial 20 Y ear Land Use Recommendation Commercial ANALYSIS The petitioner is requesting approval to rezone the subject areas existing R -1 Single Family Residence District, R -2 Two Family Residence District and C -1 Neighborhood Business District to C -2PD General Commercial District with a Planned Development Overlay. The purpose of rezoning is to allow a planned development for the creation of a pharmacy with drive - through service. The rezoning request from residential and mixed -use commercial /residential to general commercial is consistent with the Comprehensive Plan's 10 and 20 year land -use recommendations. The Zoning Ordinance, under Sections 30 -33 (A)(1)(c)(i) deems Planned Development designation as appropriate for transitional areas which involve locations with a mix of different land uses, where new development is proposed in an area of older uses and buildings, and where the older uses may be allowed with lesser zoning standards than appropriate for new development and in Section 30 -33 (A)(1)(c)(iii) in redevelopment areas which relate to locations appropriate for redevelopment, either public or private, where first or subsequent uses and /or buildings are replaced by new uses and/or structures. Planned Development designation is beneficial to the developers /applicants as it provides a vehicle to allow for development of the site by utilizing base standard modifications that may provide relief from constraints affecting the development area such as required setbacks and transitional yards. The Planned Development designation is also extremely beneficial to the neighboring landowners and the city at large as it provides citizen, Plan Commission and Common Council review and oversight of any future development plans to ensure compliance with the City's development and planning policies as well as providing the ability to place conditions on the site design. RECOMMENDATION Staff recommends approval of the zone change from R -1 Single Family Residence District, R -2 Two Family Residence District and C -1 Neighborhood Business District to C -2PD General Commercial District with a Planned Development Overlay, as requested. Ilenr IVA- Rezone -1700 block W711VIV91h OJHK. Oti THE WATER APPLICANT INFORMATION City of Oshkosh Application Rezoning "PLEASRTYPE OR PIUNTUSING BLACK INK SUBMIT TO: Dept. of Community Dcvelopnient 215 Church Ave., P,O. Box 1130 Oshkosh, Wisconsln 54903 -1130 I'MO 113: (920) 236 -5059 Petitioner. Excel Engineering, Inc. Data: 4/11/1 Petitioner's Address: 100 Camelot Drive City; Fond du Lao State: WI Zi ; 54935 Tclephonaff:(920) 926-9800 Pa : 20) 926 - 9801 Ot herContaot #orftaii: adam.h@excelengin Status ofPetiiionor (Please Check), D w r PF epresentative nt OI'rdsp ctive ttyer Petitioner's Signature (required): Data: 4/ 11/11 OWNER II E10,RMATI.O Owner(s): Velmeir Companies bate: 4/11/11 Owner(s)Address: W. Maple Road Clty West Bloomfie State: MI Zip: 4 8322 Telephone #, (24 8) 985- 0334 Tax: { ) Other Contact # or Emeil: Ownership Stattts (Please Check): O Individual D Trust U Partnership Corporation IN'aperty 0w6er Consent: (required) By sighature hereon, I/We acknowledge that City .offi6his and/or employees -nay, in tho performance oftheir #Unctions, enter upon the property to inspW or gather otherInforrhation necessary to process this application, I also understand that all meeting dates are tentative and may be postponed by the nrting ervices ` islon�f r In submissions or other administrative reasons. - Property- Ownci'.sSignature: �'!�`�-� Address /UcatiunofRezoisingRcgtiesf: corner of 9th & Koeller Street Tax ParcelNumber(s): see attached Rezonepropertyfinm: R R--2, C -1 to C -2 PD Purpose forRezoning: Proposed C VS Pharmacy development. Describe existing property development and land use: Existin 'Properties contain residential homes and homes that have been converted to businesses. Describe proposed development and /or proposed land use: Proposed development will consist of a CVS Pharmacy with associated parking and drive -up facility. Proposed time sclicdulc for development and /or use of the propetiy: Construction to c ommence in the summer of_2011_and be completed before the end of 2011. Staff` Date Ree'd 3 Zoning Adjacent to the Site: North: R -1 South: C - 2 Bast, R-1, C -1 West: C-2 SXJBT ITTAL REQUIREMENTS Must accompany the application to be complete Li Map of the lminediate area showing property involved. Area to be rezoned must be outlined in color u A site plan drawn to readable scale showing present status of property and proposed development a Street address, adjacent streets, intersections and any other information or landmarks to help identify the property 4 Locotion of existing uses, structures,:fences and signs and location ofprdposcd uses, structures, fences and signs a A narrative statement explaining the mile change and discussion of the projeot Y Application fees are due at time ofsubmittol, Make check payable to City ofQshkosh, Y Pleaseyefer to the feeschedule for appropriate fee. FEE IS NON-REFUNDABLE SUMMA OF PROCESS The City of Oshkosh Plan Commission and Common Council act on all zone changes. The petitioner of owner sbould be _present at both the Plan Commission and Comn►on Council tnced.rlgs to discuss and answer - questions regarding the request, Neighborhood opinion is an important factor in the deoision- making process. For complex or controversial proposals, it recommended that the petitioner conduct a neighborhood meeting to solicit public input prior to action by the Plan Commission and City Council. Planning Services staff is available to offer assistance in compiling a mailing list for the nelghborhood .meeting, Please note that a meeting notice will bouailed to all abutting property owner's regarding your request. The application package is reviewed by Planning Services staff to deteFmiho'conforinanee with adopted city . plans, zoning requirements and development standards, A staff recommendation Is prepared for consideration by the Plan Comrtu.ssion and Common Council, The petitioner will .he provided with a copy of the staff r and rrieethig notice several days prior to the Plan Commission meeting. No notice 1 sent to the petitioner or owner regarding The Common Council's consideration of the :request, .Petitioners'aild owners are encouraged to contact Planrting staff to find out "when the request will be sent to the Coinnion Council for review, Tile Plan Commission's decision is advisory .only. The Common Council will snake the ftnai decision regarding all zone change requests. The Plan Commission may lay over requests to subsequent meetings if incomplete information is provided or additional questions of concerns are-raised at the meeting. After the Plan Commissioo makes its recommendation, the request will be forwarded to the Common Council for consideration. This generally occurs three weeks after the Plan Commission meeting depending on the date the Council meeting is scheduled (tile Council meets on the 2 " and 4` Tuesday of every month) and on the availability of a legal .description for the zone change. Wisconsin State Statutes require a zone change to be published as Class II notice in the local newspaper, the City takes care of this publication requirement prior to the Council meeting, If Council approves the rezoning, the Ordinance is published in too newspaper on the following Saturday and will be effective on Sunday. City administrative offices are notified ofthe effective date ofthe Ordinance and will make changes to thc. official zoning.map accordingly. For more information please visit the City's website at www.cf.oahkosh.wi.u$/ Community _Developnlout/Planning.litm 4 ;#� ExcEL ENGINEERING,,,. CVS Pharmacy 9�� Avenue & Koeller Street Project Narrative P: 920192619800 • F: 920192619801 100 Camelot Drive s Fond du Lac, WI 54935 www.excelengineer.corn The proposed rezoning and planned development will consist of the rezoning of seven properties at the north east intersection of 9`� Avenue and Koeller Street. Refer to the attached property map for addresses and parcel numbers. • The existing properties are residential homes and homes that have been converted to businesses. Due to the traffic volumes at this intersection and its close proximity to the commercial corridor, these properties create a natural extension of this corridor. The proposed use will be a CVS Pharmacy and the requested zoning will be C2 -PD. • The development will consist of a 13,225 s.f. building with a pharmacy drive through for pick -up of prescriptions. The site will contain 72 parking spaces and a loading area. Refuse and recyclables will be stored and picked up on the east side of the building. The site will contain significant landscape buffers with a continuous landscaped berm on the east and north sides where the property abuts the residential neighborhood. Site signage will be located in the south west corner of the site. Wall signage will be installed on the building facade. Signage details and designs will be submitted at a later date. • The project will create approximately 25 new full time jobs. The anticipated customer volume is projected to be 1,100 customers per day. • The site usage is as follows: • Total site area 80,906 s.f. 100% • Building area 13,225 s.f. 16% • Paving area 42,816 s.f. 53% • Landscape area 24,865 s.f. 31% • Traffic generation, lighting and noise will be increased as a result of this development. In addition, the hours of operation will be 24 hours a day. Due to these effects, this development includes continuous landscaped berms. These berms will cut off site lines and traffic headlights from the neighboring residences. Excess noise will also be buffered by these berms. Site lighting and building mounted lighting will be full cut off type to eliminate glare. A site lighting photometric meeting the city code will be provided at a later date. + The adjacent residential uses will be adequately screened and buffered from this development. The commercial developments on the west side and across 9 Avenue to the south will not be negatively impacted. These existing developments are compatible to the proposed CVS Pharmacy. 5 • Traffic generation was studied as part of this project and was previously submitted to the city for review. Should you have any questions regarding the proposed development, please feel free to contact me at 920 - 926 -9800. Sincerely, EXC Yedel EKING, INC. Adam Principal, Architect 0, Winnebago County GIS Viewer and Pro pert P T7- _ ._ :. " . r t r 'x r i ' ! r ,'r rr I. It S, 1. [-,,- I 1 t .. . a , -r t ! . r 3 .hr r '' . 11 ti - - r 4 - E - - t sy - z ! � !, T. _ J a. } •.: rZl��r ri r ,. fY'r r` -,.rl r- -i I-i �: r r f- ' r.' - > - r . r / s r SI _ 3 - . 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Z - r r s.7� ,rn' . 1. f..., . r ..r.. - I ' - L - . - . . , � , . �� 1 4 Reset � 0� 01 U. 4? mi �.� 0 St} 114 f * ** Powered by Mapserarer * ** . 7 CUP /REZONING /ST VACATION FROEHLKE ANN M DAHLKE DAVID /BONNIE R CVS PHARMACY 625 LILAC ST 626 LILAC ST W 9TH AV & W 7 TH AV OSHKOSH WI 54902 5525 OSHKOSH WI 54902 5526 PC: 05 -03 -11 HAASE RICK L /MELISSA A 1706 W 7TH AVE OSHKOSH WI 54902 5511 1728 W 9TH AVENUE /1723 W 7TH AVENUE LLC 601 OREGON ST B OSHKOSH WI 54902 5965 DEHN TRUST ROBERT E /ANN M 713 S WESTFIELD ST OSHKOSH WI 54902 5541 2020 MINNESOTA LLC 6592 LAKE RD STE D WINDSOR WI 53598 OSHKOSH GREEN LLC PO BOX 901 DEERFIELD IL 60015 EXCEL ENGINEERING INC ATTN ADAM HEINDEL 100 CAMELOT DR FOND DU LAC WI 54935 MITCHELL JAMES R /LORI L 1825 HICKORY LN OSHKOSH WI 54901 2510 UTECHT STEVEN /VICTORIA 1717 W 7TH AVE OSHKOSH WI 54902 5510 TAYLOR SHERRY 3221 MOCKINGBIRD WAY OSHKOSH WI 54904 7333 BAUMAN DENNIS R 723 S WESTFIELD ST OSHKOSH WI 54902 5541 VNMA PROPERTIES LLC 8160 TRITT RD OMRO WI 54963 8900 VELMEIR COMPANIES 5757 W MAPLE RD WEST BLOOMFIELD MI 48322 SAGMEISTER MURIEL J 1737 W 7TH AVE OSHKOSH WI 54902 5510 LEMKUIL CARL J 705 S WESTFIELD ST OSHKOSH WI 54902 5541 MOLINSKI JAMES E 157 S JAMES ST WAUKESHA WI 53186 6220 LANG PROPERTIES INC JAMES 15 STERLING AVE OSHKOSH WI 54901 4569 WESTIE INVESTMENTS OSHKOSH 915 TERRA COTTA DR NEENAH WI 54956 3565 WILL STEINER 2935 UNIVERSAL CT OSHKOSH WI 54904 0 E u f I $ � I 132.0' i i r ! k � { 1 i 4 1 E 135 6' i - - I 132.0' [ j J LO i a 1760 ; C) 49.00' 149,W i 135.0' I i ; _ - - - -- - :--- .----------- .- . -. -. -- - T- M--- .- .- .- . -. - ------------------- .............. AVE -- --------------------- y � y ; 1 I J eo' �,� 2:54' . ,. 13200• i W 9755�7�4'� 7'3�17F •1 1't17 %` I LL l , -1'7_•2 729 W _ Y \ /'`. . _ ,32.66° I !n vJ \ -• i /�•_'��/�: �,�� -"max, i . �� c . N y `� / / \ T ��j/� � It �, \ - \ Y], ✓ t �n 132.0( ` I 119.16' 1 p6� } � I r � ! i .- - -__ _------ . -. -._ ------- - -. -.-------- - -. - -- --- - - - - -- -_ - ------------------ W.-9TH AVE---- ._._._._.3 1 3 f f I 3.t' 84.53` 65.18' ,� 1759 1719 1711 r � 1 T y 1 W ! Y / O LF J O / a7.ar o m `sip n 148.01' 51.99' DISCLAIMER CVS PHARMACY rn r map Is neither a legally recorded map nor REZONING/PLANNED D EV N a survey and it Is not Intended to be used as one. OJ This drawing is a compilation of records, data ! HKOJ r H off ni ew "T� and Inf o c located in various city, county W 9TH AV & W 7TH AV and state ate offices and other sources affecting area shown and €t Is to be used far reference the Clly Of Oshk osh pur poses only. The City of Oshkosh is not re- sponsible for any Inaccuracies herein contained. Department O If discrepancies are Found, please contact the Cale: � � _ � 001 Community Development C€ of Oshkosh. Created by - dff 0412811 E P u l l ,r MAO, S irk, MIA D. e i !a i 0�1 22 Ig E y'Er A o J � IIl1 ME si r DISCLAIMER CVS PHARMACY This map is neither a legally recorded map nor REZONING/PLANNED D EV a survey and It Is not intended to be used as one. N This drawing Is a compilation of records, data HK01H and Informations In various city, county W 9TH AV & VII 7TH AV O✓ r and state offices and and other sources affecting THE w "Fro the area shown and it Is to be used for reference City OI Oshkosh only. The City of Oshkosh Is not re• sponslble for any Inaccuracies hereln contained. Department of If discrepencles are found, please contact the Community Development City of Oshkosh. Scale. „ = 100 , Created by - d ff 04/2811 11