HomeMy WebLinkAbout11-266MAY 24, 2011 JUNE 14, 2011 11 -217
FIRST READING SECOND READING
(CARRIED 7 -0 LOST LAID OVER_
11 -266 ORDINANCE
WITHDRAWN )
PURPOSE: APPROVE REZONING OF PARCELS SOUTH OF WEST 7TH
AVENUE, NORTH OF WEST 9TH AVENUE, EAST OF SOUTH
WESTFIELD STREET AND WEST OF THE KOELLER /USH 41
INTERSECTION FROM R -1 SINGLE FAMILY, R -2 TWO FAMILY
AND C -1 NEIGHBORHOOD BUSINESS TO C -2 GENERAL
COMMERCIAL WITH A PLANNED DEVELOPMENT OVERLAY
INITIATED BY: VELMEIR COMPANIES, 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 R -1 Single Family, R -2 Two
Family and C -1 Neighborhood Business to C -2 General Commercial with a Planned
Development Overlay.
From R -1 to C -2 PD: All of Lot 3, Fairwind Plat; also Lots 3 & 4, Sunnyside Plat, all in
the 6th Ward, City of Oshkosh, Winnebago County, Wisconsin, plus public right -of -way
abutting said lots extending to the centerline of W. 7th Avenue.
From R -2 to C -2 PD: Lot 4, Fairwind Plat, 6th Ward, City of Oshkosh, Winnebago
County, Wisconsin, plus public right -of -way abutting said lot extending to the centerline
of W. 7th Avenue.
From C -1 to C -2 PD: All of Lots 1 & 2, Fairwind Plat; also Lots 1 & 2, Sunnyside Plat,
all in the 6th Ward, City of Oshkosh, Winnebago County, Wisconsin, plus public right -of-
way abutting said lots extending to the centerline of W. 9th Avenue.
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
MAY 24, 2011 JUNE 14, 2011 11 -217 11 -266 ORDINANCE
FIRST READING SECOND READING CONT'D
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #11 -266 APPROVE REZONING OF PARCELS SOUTH OF WEST
7TH AVENUE, NORTH OF WEST 9TH AVENUE, EAST OF SOUTH WESTFIELD
STREET AND WEST OF THE KOELLER /USH 41 INTERSECTION FROM R -1 SINGLE
FAMILY, R -2 TWO FAMILY AND C -1 NEIGHBORHOOD BUSINESS TO C -2
GENERAL COMMERCIAL WITH A PLANNED DEVELOPMENT OVERLAY on June 14,
2011. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215
Church Avenue and on the City's website at www.ci.oshkosh.wi.us Clerk's phone:
(920) 236 -5011.
°
DISCLAIMER
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
Created by - D
Rezone
From R -1, R -2 & C -1
To C -2 PD
Scale: V = 100'
At
.IHK lH
O THE WATER
City of Oshkosh
Department of
Community Development
5/3/11
O.fHKO.fH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Bunch
Director of Planning Services
DATE: May 19, 2011
RE: Approve Rezoning of Parcels South of West 7 Avenue, North of West 9 Avenue,
East of South Westfield Street and West of the Koeller/USH 41 Intersection from R -1
Single Family, R -2 Two and C -1 Neighborhood Business to C -2 General Commercial
with a Planned Development Overlay (Plan Commission recommends approval)
BACKGROUND
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 West 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.
ANALYSIS
The petitioner is requesting to rezone the subject areas 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 for the purpose of allowing a planned
development for the creation of a pharmacy with drive - through service. This request is consistent with
the Comprehensive Plan's 10 and 20 year land use recommendation for this area. The zoning
ordinance deems Planned Development designation appropriate for transitional areas and is beneficial
to the developers /applicants as it provides a vehicle to allow base standard modifications for relief
from constraints such as required setbacks and transitional yards. It is also beneficial to the
neighboring landowners and the city as it provides review and oversight by citizens, Plan Commission,
and Common Council of any future development plans.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its May 3, 2011 meeting.
Approved,
tZ� 4 Z' -
City Manager
ITEM: 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 TH AND WEST
9 TH AVENUES
Plan Commission meeting of May 3, 2011
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 7th 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
Existinz Land Use
I Zonin
Commercial office and multiple density residential uses
R -1, R -2 & C -1
Adiacent Land Use and Zoning
Existing Uses
Zonin
North
Single family residential (across W. 7 Ave.)
R -1
West
Commercial
C-2/Hwy 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
Comprehensive Plan
Comprehensive 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 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.
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 items and reviewed the site and surrounding area as well as the land use and zoning
classifications in said area. He stated that the Comprehensive Plan recommends commercial land use for
this site and the Planned Development Overlay allows for review and input of any proposed development
plans for the site which is beneficial to both the developer and the city. He reviewed the site plan and
explained that the pharmacy use was proposed to be open 24 hours a day and have drive - through service.
He also discussed the three setback encroachments, reviewed the landscape plans for the site as well as the
72 proposed parking stalls. He stated that staff is supportive of the base standard modifications for the
setback encroachments and for the location of the loading area which should be mitigated by the berming
and landscaping on the site. He also reviewed the pedestrian accesses and the drive accesses proposed on
both West 7 and 91h Avenues of which staff is supportive of the 9 Avenue drive access but has concerns
with any access onto 7th Avenue. The Police, Fire and Public Works Departments all have issues with the
various scenarios proposed for the drive access onto 7 Avenue and he discussed the concepts presented.
Staff evaluated all the scenarios and do not support any access onto 7 Avenue. He also discussed the
landscaping requirements and reviewed the landscape berm examples provided as well as the building
elevations and the conditions recommended for this request.
Mr. Thoms questioned what the distance was from the 9 Avenue drive access to the round -a -bout and if it
was compliant with codes. He voiced his concerns with traffic issues.
Item -Rezone-] 700 block W7th/W9th
Mr. Burich replied that the drive access was code compliant.
Mr. Thoms inquired if the traffic study completed was with both entrances or just one and stated his
concerns with making left or right turns onto 9 1h Avenue from the site. He had great concerns with the
activity on the site and referred to the email from Ed Bowen regarding his concerns regarding traffic from
the site. He also questioned if there would be a water retention system on the site.
Mr. Buck responded that the developer was proposing a holding system underneath the site for water
retention.
Mr. Thorns commented that he felt there were too many base standard modifications being requested for the
development.
Mr. Buck replied that some of the modifications placed on the request are standard for most developments.
Mr. Thorns stated that he had concerns with the setback modifications particularly for the loading dock.
Ms. Propp questioned if the hatched area on the site plan on 9 th Avenue represented a rumble strip and if so,
how wide was this area.
Mr. Buck responded that it was and the area was approximately 9 feet wide.
Ms. Propp also questioned if the landscape plans met code requirements and requested that the current
zoning classifications be reviewed again.
Mr. Buck replied that the landscape plans met requirements and reviewed the zoning classifications as they
currently exist.
Mr. Hinz stated that he had concerns with traffic issues particularly with the rumble strip on 9th Avenue. He
also had concerns with the deliveries to the loading dock multiple times per week which was discussed at
one of the neighborhood meetings.
Mr. Buck commented that the developer wants to be on this site because of the high traffic volume in the
area and that if access was allowed onto 7 th Avenue, vehicles exiting 7 th Avenue would not be allowed to go
south due to the placement of the median.
Mr. Fojtik inquired if the zone change to commercial would be appropriate for this site regardless of the
approval of this development.
Mr. Buck responded affirmatively and stated that the Comprehensive Plan recommends commercial land
use for this area.
Mr. Hinz questioned how the zone change would affect property owners on the site if this particular
development was not approved.
Mr. Buck replied that the property could be marketed for sale for other commercial uses.
Mr. Thorns inquired if the zone change could be conditional on the approval of the proposed pharmacy
development on site.
Item -Rezone-] 700 block W7th/W9th .1
Mr. Burich responded negatively.
Mr. Thoms questioned if home sales for residential use could be an issue due to financing problems with the
C -2 zoning designation.
Mr. Buck responded affirmatively and stated that it would also not permit any major expansions to
residential uses.
Chris Strong, Director of the Department of Transportation, stated that the traffic study completed by the
developer was done on the basis of having full access to both 9 th and 7 Avenues and with the access to 7th
Avenue removed, more traffic would be directed onto 9 th Avenue. He estimated at peak times there would
be 56 -58 in and out bound movements per hour. He did not anticipate left turns onto 9 1h Avenue to be an
issue as Witzel Avenue and Koeller Street has not had backup issues with the closing of 9 th Avenue.
Mr. Thoms stated that Witzel Avenue does not have the same volume of traffic as 9 th Avenue.
Mr. Strong commented that it does presently as 9 th Avenue is closed.
Mr. Thoms questioned what problems could result if traffic would back up into the round -a -bout.
Mr. Strong responded that it would be the same as an accident in the round -a -bout and at least 12 cars would
have to back up to create an issue which is not likely.
Mr. McHugh commented that construction caused a back up on Witzel Avenue today and he felt the
intersection was hazardous.
Mr. Nollenberger inquired if the layout on this site was comparable to Jackson Street and Murdock Avenue
as far as the distance from the drive accesses to the round -a -bout.
Mr. Buck replied that the drive access on this site is a little farther away from the intersection.
Mr. Thoms commented that the traffic issues will be worse when the round -a -bout is completed since the
traffic does not stop and questioned if 7 Avenue could be used with a left turn only limitation.
Mr. Strong stated that the traffic study anticipated that only 10% of the traffic from the site would exit via
7 Avenue.
Mr. Buck added that access to 7 Avenue, if allowed, would most likely function as a full access drive and
would create public safety hazards.
Mr. Burich added that a one way traffic pattern on 7 Avenue was considered but also created concerns.
Ms. Propp inquired if the rumble strip on 9 th Avenue was designed into the intersection and set in stone as it
impedes traffic and is a significant difference from the intersection on Witzel Avenue.
Mr. Gohde responded that it is part of the Wisconsin Department of Transportation's (DOT) plans and
would not be negotiable at this point. He further commented that the DOT would like to continue the
rumble strip further east however it was a compromise to end it where it is to allow access to commercial
sites already existing in the area.
Item - Re_one -1700 block W7th/W91h
Will Steiner, real estate broker for the development, stated that they worked hard to figure out the access on
7 Avenue as this was critical to the project. He felt that the base standard modifications accommodated
safety concerns and they needed to proceed to maintain their purchasing options. He further stated that this
was a good fit for this part of the city and was a national retail plan. They could look at other possible plans
as customers may pass by if traffic issues were present. He reiterated that the 7 Avenue access was a
critical component to the development.
Mr. Buck stated that any change to the right -of -way would have to receive approval from the Traffic Review
Advisory Board and the Department of Public Works.
Mr. Fojtik commended the developer on the appropriate efforts made to meet with neighbors of the area
numerous times to address their concerns with this development.
Jane Slattery, 512 S. Westfield Street, stated that it is important to remember that this is a well established
neighborhood. She further stated that traffic in the area at the intersection is very busy and it could
probably support the additional traffic generated by this use but that was questionable. South Westfield
Street also accesses 9 Avenue and she had concerns that the development would create traffic problems.
She also had concerns with other areas of the neighborhood being rezoned to commercial uses and how it
would affect property values. The 1100 customers per day anticipated on this site would create both traffic
and noise issues.
Dave Dahlke, 626 Lilac Street, stated that he felt the developer was trying to shoehorn the commercial use
into too small of a site and that it needed 7 Avenue access to accommodate the business. He also stated
that the proposed berms would not be adequate and noise and lights would be an issue for the neighboring
residential properties. Entrances for commercial sites on Witzel Avenue were located farther away from the
round -a -bout and accidents have increased with the installation of them. He spoke with several appraisers
who stated that there would be a 10% devaluation of adjacent properties due to this development and a local
or small business would be more appropriate for the site. He also commented that there was already a
pharmacy across the street from this site.
Steve Suhm, 617 Lilac Street, stated that he has lived there for 44 years and this development will change
the neighborhood dramatically. He also had concerns with traffic issues and discussed the installation of the
round -a -bout which he felt would create a bigger problem once complete. He also commented on the
difficulty of exiting from the Walgreen's site now prior to the round -a -bout opening.
Rich Meyer, owner of AE Jewelers, 1755 W. 7 Avenue, stated that he supports the project. He built his
establishment in 1999 and discussed the history of the site and the entrance on 7 Avenue that used to
provide access to the Red Robin's parking lot which has since been closed off. He did not feel that 7th
Avenue should be blocked off from Koeller Street and suggested that the median strip could be shortened as
he felt it was more of a hazard. There was not much traffic off of 7 Avenue into the neighborhood and he
would like to see the development have the 7 Avenue access they were requesting as it would alleviate
some of the flow of traffic onto 9 Avenue.
Jim Mitchell, owner of both the insurance office at 1746 W. 9 Avenue and the home to the north at 1745
W. 7 Avenue, stated that the sites were investment property for him and the current use of the site is not
the proper use for this location. He further stated that the CVS Pharmacy was a more appropriate use and it
would attract jobs and he felt it was important to encourage development. The development would beautify
the corner and the developer has done all they can to separate the commercial site from the residential
properties. He added that the development should be allowed access to 7 Avenue as they have requested.
Item - Rezone -] 700 block W71h/W9th b
Ann Froehlke, 625 Lilac Street, stated that she does not approve of the 7 Avenue access as it would be
located across from her home and that 1100 customers per day was too intense of a use for this area. She
further commented that CVS was less than truthful about their project at the neighborhood meetings and the
development was too big for the site. She also voiced her concerns about the traffic issues.
Melissa Hoxtell, 511 S. Westfield Street, stated that she has lived there for 30 years and wants it to remain a
residential neighborhood. She commented that she did not feel that the intersection of 9 Avenue and
Koeller Street was comparable to the intersection at Witzel Avenue and Koeller Street as the 9 Avenue
intersection has access to Highway 41 which makes it busier.
Dennis Schwab, one of the property owners on the site to be acquired, stated that the long range plan for this
area is for commercial use and the developer could work on revising their plans to address issues brought up
today. He felt that the zone change should move forward today which would be a good compromise.
Jeff Hoxtell, 511 S. Westfield Street, stated that he felt the commercially -zoned properties should be
changed to residential and left that way. He commented on the vacated CVS building in Appleton and
questioned what happens if the CVS business is not successful on this site. He also stated that he found the
claim that there would only be one delivery per week to the loading dock area unbelievable.
Linda Moore, 1311 Walnut Street, stated that her mother lives in the neighborhood and the fact that the store
would be open 24 hours a day was not brought up as an option at the neighborhood meetings. She
questioned if the installation of the berms would be enforced by the city and how well would it be
maintained.
Mr. Buck responded that the berms would have to be installed and maintained by the property owner.
Will Steiner stated that the store is not scheduled to be open 24 hours a day at this time but they desired to
have this as an option in the event that the business would be that successful. He also commented that the
vacant CVS store in Appleton was not developed by CVS and the 1100 customers per day that was quoted
may not be accurate.
Adam Heindel, Excel Engineering, Inc., 100 Camelot Drive, Fond du Lac, petitioner for the request, added
that they completed the traffic study and the 1100 customers per day was based on good performing stores
and that both vehicle and pedestrian counts were included in this total.
Mr. Hinz stated that as the two requests were separate items, he would support the zone change request as
the Comprehensive Plan recommends commercial use for this area.
Mr. McHugh questioned if the neighbors present are aware that the Plan Commission is an advisory board
only and does not have the final say on whether an item is approved or denied.
Mr. Burich responded affirmatively.
Ms. Propp stated that she had concerns with the project as a whole and therefore would not support the zone
change due to concerns with the site plan.
Mr. Thorns commented that he had concerns with the traffic and development plan for this site and although
the Comprehensive Plan recommends commercial use for the area, he does not know if this is an appropriate
use for the site. He also had concerns with changing the zoning on the site if this development does not go
forward as it may cause other problems.
Item - Re_one -1700 block W7th1W9th �?
Motion by Propp to approve a zone change from R -1 Single Family Residence District, R -2 Two
Family Residence District and C -1 Neig hborhood Business District to C -2PD General Commerc
District with a Planned Development Overlav at t he 1700 blocks of West 7' and West 9 "` Avenues as
requested.
Seconded by Vajgrt.
Mr. Hinz stated that the property owners that live there are looking to sell their land to commercial uses now
and he felt they have rights that should be upheld by not denying the zone change to commercial use.
Mr. Thorns questioned if the city was willing to change the area to C -2PD zoning without the proposed
project moving forward.
Mr. Burich responded that the property owners can request to be pulled from the zone change prior to
Common Council approval if they desired to retain the current zoning classification on their property.
Mr. McHugh stated that he sees some real problems with this proposal and felt that east bound turns from
this area are difficult now. He further stated that the public will use neighborhood streets to get to where
they want to go and the traffic signals that were at this intersection provided a gap in traffic for access. The
round -a -bout, once complete, will eliminate this and he felt safety standards were an issue and that city
planning staff from many years ago created problems with their planning decisions in this area.
Motion carried 5-2. ( Ayes - Thoms /Fojtik /Hinz /Vajgrt/Nollenberger. Nays -Propp /McHugh.
Item - Rezone -1700 block W7th1W9th I
O.1HKClH
ON THE WATER
. .APPLICANT INh'ORMATION
City of Oshkosh Application
Rezoning
" *PLEASE TYPE '011 PRINT USING BLACK INK "
SUSNIIT TO:
Dept. of Community Development
215 Church Ave.,:P;O.Box 1130
Oshkosh, Wisconsin 54903 -1130
PHONE: (920) 236 -5059
Petitioner; Excel Engineering, Inc. Date: 4/11/
Petitioner's Address: 100 Camelot Drive City: Fond du Lac State. W I Zi 54 93 5
Telephone #:( -9800 Fa 20) 926 -9801 Other Contact #or.Email: adam.h @excelengin
Status of Petitioner (Please Check): O w r of epresentative nt ❑Prdspoetive Buyer
Petitioner's Signature (required): Date: 4/3-1/11
QWNER INFORMATION
Owner(s): Velmeir Companies Bate: 4/11/11
Owner {s)Address: 5757 W. Maple Road Cin;: West Bloomfield State: M I Zi 4 8322
Telephone #: (2 4 8) 9 8 5 - 0 3 3 4 Fax: ( ) Other Contact# or Email:
- Dwncrship Status (Please Check): 0 Individual O Trust C'Partnership ONCorporation
Property Owrier Consent: (required)
By signatureheieon, I/We acknowledge that City officials and/or employees may, in the performance oftheir functions, enter upon
the property to inspect or gather ether'information necessary to process this application. I also understand that:all meeting4ates are
tentative and may be. postponed by:the nning Serviees ision f ncolmplete submissions or other administrative reasons.
Proper ty Owner':s Signature: ,• �! Date:_
Address /Locatidn ofReiopiitgRequest: corner of 9th & Koeller Street
Tax Parce)Number�s): see attached
Rezone propertyfinm: R -1, R -2, C -1 to C -2 PD
PurposeforRezoning: Proposed CVS Pharmacy development.
Describe existingproper ty development and land .Use: Existing properties contain residential homes an d
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 sclrcdulc for development and /or use of the property: Construction to commence in the summer
11 and be completed before the end of 2011.
Staff :Date Rec'd
1
Zoning Adjacent to the Site: North:
South: C -2
Easn R -1, C -1
West:. C -2
SU$NHTTAL REOUMEMENTS — Must:accompany the application to be complete.
• Map of the imm ediate area showing property. involved. Area to be :rezoned must be outlined in color
• A site plan drawn to`readab'le scale showing present status of property and proposed development
• Streevaddress, adjacent streets, intersections and any other information or landmarks to help identify the property
• Location of existing:uses, structures,;fences and signs.and location of ,proposed uses, structures, fences and signs
• A narrative statement explaining the zone change and discussion of the project
Application fees are due- at.61ine of submittui. Make cheek :payable to City of Oshkosh.
Please,refer to the fee .schedule for appropriate fee. FEE IS NON-REFUNDABLE
SUMMARY OF PROCESS
The City of Oshkosh Plan Commission and "Common Council Tact -on all zone changes. The petitioner or owner
should ,be present at. both the Plan Commission and Common Council meetirigs to .discuss and answer.
.questions regarding the request,
- Neighborhood :opinion is an important factor in the.deeision- makingprocess. For complex or controversial
proposals, it Is recommended that the petitioner conduct a neighborhood meeting solicit public input prior to
action by the Plan Commission and City Council. Planning Services staff is available to offer assistance in
compiling a maiairag list for.the neighborhood .meeting. Please note that a. meeting notice will be to all
:abutting prgperty •owners.regarding your request.
The appli.cati.on:package is review.edby Planning Services staff detehnine' ooriformanoe with adopted pity
plans, zoning requirernents: and development standards. A staff recommendation is prepared for consideration
by the Plari Commission and Common Council. The petitioner will be provided with a copy of the staff report
and meeting notice several :days prior -to the :Alan Commission meeting. No notice is sent to the petitioner or
owner regarding the Common Council's consideration of the request. Petitioners zx d.owners are .encouraged
to contact Plarm3rig,Services.staffto find out'when the request will lie sent to the Common Council for review.
The Plan Commission's decision'is advisory only. The Common Council will make the final .decision
regarding all zone-change requests. The Plan Commission may lay over requests to subsequent ane'etings if
incomplete information is provided or additional questions or concerns are.raised at the meeting.
After the Plan C.oinnilssion 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 . meeeting is scheduled (the Council meets -on the 2nd and 0 Tuesday of.every, month) and on the
availability of alegal description for.the gene change. Wisconsin State Statutes require a zone change to
published as Class Ii notice in the local newspaper, the City takes care ofthis publication.requirerhent prior to
the Council meeting.
If Council approves the rezoning, the Ordinance. is published in the newspaper on the following Saturday and
will be effective on Sunday. City administrative offices are notified ofthe effective date of the Ordinance and
will make changes to the. official zoning:map accordingly.
For more information . please visit the City's website at www.ci:oshkosh.wi:us /Community Develop ment/Planning.htm
17
4 ® ® ' 00"
I e,
EXCEL.. E GINEER6i Ginc.
CVS Pharmacy
9 1h Avenue & Koeller Street
Project Narrative
P:920192619800 • F: 920192619801
100 Camelot Drive • Fond du Lac, WI 54935
www.excelengineer.com
The proposed rezoning and planned development will consist of the rezoning of seven properties at the
north east intersection of 9 th 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 fagade. 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. 160
Q Paving area 42,816 s.f. 53%
o 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 th Avenue to the south will not be
negatively impacted. These existing developments are compatible to the proposed CVS
Pharmacy.
L
• 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 ENGI ERING, INC.
Adam He del
Principal, Architect
y � v. C EL N G1 8 'S L ti. G
Winne
o Countv GIs viewer ana yropeny rrume,
j
t YY
1
1
� {
1
r r
���.rnrr.�st- iRezvL.
.. s . ..� . ... —� • —� y ..�..e��
j
t YY
1
'W
Reset 4 56 112 -pt
4 �, �1 �. 4 mi
* ** Powered by-Mapserver " �`
r r
S f
_
�I•
J
c "Wv
w
�
r
�
'W
Reset 4 56 112 -pt
4 �, �1 �. 4 mi
* ** Powered by-Mapserver " �`
CUP /REZONING /ST VACATION
CVS PHARMACY
W 9 TH AV & W 7 TH AV
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
FROEHLKE ANN M
625 LILAC ST
-OSHKOSH WI 54902 5525
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
DAHLKE DAVID /BONNIE R
626 LILAC ST
OSHKOSH WI 54902 5526
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
/3
C6 A
U
135.0'
J
0 0
132.0'
0 c
c
ELI
132.0'
132.00'
M o
r G
�o
132.00'
0
g
119.16' �46i
i
i
h�
C
IN
66.0 i 67Z
v Y
W`
i
i
i
i
i
i
U)
ILL
Q
J
I W
l U)
I
W
i
i
i
I
I
I�
I
I
i
67.0'
DISCLAIMER
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
CVS PHARMACY O
REZONING/PLANNED DEV N O.IHKOlH
W 9TH AV & W 7TH AV ON THE WATER
City of Oshkosh
Department of
Scale: 1 = 1 Community Development
04128111
mr
Cliff. m
Ha
j - a IF—on
E
AkL
Ir
1
I
1� i! IL':
IMMMM
IMMMM
Ims
y
t r:
;� 1111
ilk
w �
Ir d
DISCLAIMER
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
CVS PHARMACY
REZONING /PLANNED DEV
W 9TH AV &W 7TH AV
Scale: 1" = 100'
N .IHK IH
ON THE WATFA
City of Oshkosh
Department of
Community Development
04/28/1
1�e