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HomeMy WebLinkAbout10. 14-151 APRIL 8, 2014 14-151 RESOLUTION CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE PLANNED DEVELOPMENT FOR PARCEL RECONFIGURATION OF EXISTING COMMERCIAL SHOPPING CENTER/PARKING LOT AT 1935-1989 SOUTH KOELLER STREET INITIATED BY: ALPHA OPPORTUNITY FUND I, LLC PLAN COMMISSION RECOMMENDATION: Approved w/conditions BE IT RESOLVED by the Common Council of the City of Oshkosh that a planned development for parcel reconfiguration including substandard setbacks of the existing commercial shopping center/parking lot at 1935-1989 South Koeller Street, per the attached, is hereby approved with the following conditions: 1) Base standard modification to allow creation of a lot without access to a public street. 2) Cross access, parking and maintenance agreements between the two lots must be provided and recorded with the Register of Deeds, as approved by the Community Development Department. 3) Stormwater management and maintenance agreements between the two lots must be provided and recorded with the Register of Deeds, as approved by the Public Works Department. 4) Base standard modification to allow 0 foot side yard setbacks for the building, drives and parking stalls between proposed Lots 1 and 2. 5) Base standard modification to allow off-premise advertising for uses located within the Oshkosh Shopping Center on the multiple tenant sign located at the southwest corner of proposed Lot 1. 6) Relocation of parking lot landscape islands to the center of the two internal parking rows on the northern side of the parking lot and add an additional landscape island at the northern most row end closest to the building. 7) Lot 1 and Lot 2 be considered as one development in regard to stormwater management requirements. OfHKO1H ON 731E WAT" TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich a Director of Planning Services DATE: April 3, 2014 RE: Approve Planned Development for Parcel Reconfiguration of Existing Commercial Shopping Center /Parking Lot at 1935 -1989 South Koeller Street (Plan Commission Recommends Approval) BACKGROUND The subject 5.26 acre parcel included within this request contains an approximately 47,000 square foot commercial shopping center including Pe #co on its north end with remainder currently unoccupied. The parcel is located at the northeast corner of Highway 41 and West 20th Avenue with a 40 foot strip of land extending to South Koeller Street. The property is a portion of a larger area that at one time included the lots currently occupied by Aldi's Food Store (1995 S. Koeller), Fazoli's Restaurant (1875 S. Koeller) and Payless Shoe Store (1925 S. Koeller.), which had been separated /divided from it in 1994 and 1995. ANALYSIS The petitioner is proposing to divide their existing parcel into two lots with proposed Lot 1 including the Petco store and 112 parking stalls and proposed Lot 2 consisting of the remaining vacant retail space and 132 parking stalls. This land division will require a base standard modification as proposed Lot 1 will no longer have public street access and will be required to utilize proposed Lot 2 for driveway access and since the parking lots will not function independently, a cross access /parking /maintenance agreement as well as storm water management and maintenance agreement will be required between the newly created parcels. A base standard modification will also be required to allow a 0 foot side yard setback for the building, drives, and parking stalls and also to allow off - premise advertising on the existing multiple tenant shopping center sign. As part of the project, the petitioner is also proposing to improve the existing common parking area with the addition of five landscaped islands and staff is recommending an additional island and the relocation of two others. The Plan Commission also added a condition that both proposed lots 1 and 2 be considered as a single development in regard to future storm water management requirements. Staff believes that the proposed land division will not have a detrimental effect on the shopping center or surrounding area as it is preexisting and its function will not change. Additionally, staff feels that the additional landscaping within the parking lot will enhance the aesthetics and safety of the center and improve the ability of the owners to lease space within the building. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission recommended approval of this request at its April 1, 2014 meeting. Approved, City Manager ITEM: PLANNED DEVELOPMENT APPROVAL FOR PROPERTY LOCA'T'ED AT 1935 -1989 SOUTH KOELLER STREET (AKA OSHKOSH CENTER) Plan Commission meeting of April 1, 2014 GENERAL INFORMATION Applicant/Property Owner: Alpha Opportunity Fund 1, LLC Action(s) Requested: The applicant is requesting a two -lot land division and Planned Development approval for partial redevelopment of the existing commercial shopping center site and parking lot. Applicable Ordinance Provisions: Standards of the Planned Development Overlay District are located in the Zoning Ordinance Section 30 -33 and the City's Subdivision Regulations are located in the Zoning Ordinance Section 30 -69 through 30 -75. Property Location and Background Information: The subject 5.26 acre parcel included within this request contains an approximately 47,000 square foot commercial shopping center including Petco on its north end with remainder currently unoccupied. The parcel is located at the northeast corner of Highway 41 and West 20'x' Avenue with a 40 foot strip of land extending to South Koeller Street. The property is a portion of a larger area that at one time included the lot currently occupied by Aldi's Food .Store (1995 S. Koeller), Fazoli's Restaurant (1875 S. Koeller) and Payless Shoe Store (1925 S. Koeller) which had been separated /divided in 1994 and 1995. Subject Site Exictang Lana Use Zonrng Commercial Retail Center C -2 PD / HWY 41 acent Land Use and North Medical Office C -2 / HWY 41 -South C......-__...- ercial-. R...,....._ ..............._-..--..........--.......:-.--.--. ..-- ..........................t .....--......--..-................_.....................-..........--......--....--......--.--............_. .-- ...-- .......-- .......- -. - -.. Commercial Retail Center (across West 20) _ C -2 / HWY 41 East a ............................ Commercial Retail (adjacent and across South Koeller) ­­--l- - WW-. � .-.....�...�WU.u.- .W-- ._.�..... WUu C--2 PD' /HWY 41 ... West . wHighway-_ 41..._ ......................_.-.-.--....--.-.-....--.-........ ..... ....,..,......_........,.............._......__.._-.-... �... �...-.-. .. ....._-.- .-.-.-- .- .- ..- .. -._C -2 /HWY.....- .- ._- ..-- .- - - - - -- 41 Comprehensive Plan Land Use Recommendation . Use Category 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial Analysis The petitioner is proposing a two -lot land division to separate their existing 5.26 acre parcel down the center of an existing parking row aisle and retail space separation wall. Lot 1 is proposed to be 1.89 acres and include the 15,500 square foot Petco store and 112 parking stalls of the center's overall parking lot. Proposed Lot 2 is 3.37 acres and consists of the 31,500 square foot vacant retail space and 132 parking stalls of the center's overall parking lot. The land division will require a base standard modification as part of the Planned Development because proposed Lot 1 will no longer have public street access and will be required to utilize proposed Lot 2 for access to the driveway on South Koeller Street. As the drive aisles and parking stalls are part of the overall shopping center development and will not function independently, cross access and cross parking agreements, acceptable to the Department of Community Development, between the two lots must be provided and recorded with the Register of Deeds. Additionally, a sizable portion of the northeastern part of the existing parking lot is currently utilized for stormwater detention for both of the proposed lots and will require that a stormwater management and maintenance agreement, that is acceptable to the Department of Public Works, be established between the newly created parcels. A base standard modification to zoning regulations will be required along the newly created lot line to allow a 0 foot side yard setback for the building, drives and parking stalls where a 15 foot setback on both sides of the proposed lot line is required by code. An additional base standard modification is needed to allow off - premise advertising for the existing Oshkosh Center multiple tenant sign located at the southwest corner of the property (proposed Lot 1) because it will now be advertising the businesses located in the entire retail center (proposed Lot 2) that will no longer be located on the same lot as the sign itself. Other issues associated with separating a common development into two, such as fire separation between the portions of the building that cross the lot line and separation of utility services for each of the new parcels, will need to be addressed prior to approval and sign -off of the land division instrument and are currently being worked on by the petitioner and the City. As part of the land division project, the petitioner is proposing to improve the existing common parking area with the addition of five landscaped islands located at select parking stall row ends primarily on proposed Lot 2. The parking area currently has two long strips of green space flanking the primary drive aisle but otherwise does not contain landscaping and staff believes that the inclusion of landscape islands in the parking lot will enhance the aesthetics of the parking lot and break up the large areas of asphalt. However, it has been determined that the locations of two of the proposed islands are not feasible as they would reduce stormwater storage capacity and staff recommends that they be relocated to the center of the two internal parking rows on the northern side of the parking lot as well as suggests that an additional landscape island be installed at the northernmost parking row end closest to the building as a means to offset the lack of landscape islands on the eastern portion of the parking lot (within the detention area) as well as to better define the drive aisle next to the building and provide improved separation of parking and drive aisle. Parking stall count will be reduced with the inclusion of the landscape islands by eight stalls but will not create nonconformity to the zoning codes minimal stall requirement for the center as a whole. Item -1935 -1989 S Koeller PD & Land Div Staff believes that the proposed land division will not have a detrimental effect on the shopping center or surrounding area as the development is preexisting and though lot lines will be altered, function will not change. Also, staff believes the inclusion of landscaping within the parking area will enhance the aesthetics and safety of the center as well as improve the ability of the owners to lease space within the vacant portions of the building. City Departments have reviewed the proposed land division and development plan and do not have any concerns as long as conditions as recommended are in place. RECOMMENDATION /CONDITIONS Staff recommends approval of a two -lot land division and Planned Development request with the following conditions: (a) Base Standard Modification (BSM) to allow the creation of a lot without access to a public street. (b) Cross access, parking and maintenance agreements between the two lots roust be provided and recorded with the Register of Deeds, as approved by the Department of Community Development. (c) Stormwater management and maintenance agreements between the two lots must be provided and recorded with the Register of Deeds, as approved by the Department of Public Works. (d) Base Standard Modification (BSM) to allow 0 foot side yard setback for the building, drives and parking stalls between proposed Lots 1 and 2. (e) Base Standard Modification (BSM) to allow off - premise advertising for uses located within the Oshkosh Shopping Center on the multiple tenant sign located at the southwest corner of proposed Lot 1. (f) Relocation of parking lot landscape islands to the center of the two internal parking rows on the northern side of the parking lot and add an additional landscape island at the northernmost parking row end closest to the building. The Plan Commission approved of the two -lot land division and planned development as requested with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site and surrounding area as well as the zoning classifications and land uses in said area. He explained that the petitioner desires to divide the existing lot into two separate parcels and reviewed the proposed site plan. He stated that the separation of the two parcels would require base standard modifications as the lot division will create no access to the public right -of -way for Lot 1 as well as other shared features of the site such as storm water detention, drive aisles, parking, setbacks, and signage. These base standard modifications are all addressed in the conditions recommended for this request. He also stated that the utilities will have to be separated with the lot division, which the petitioner is working with the City on this issue. Improvements to the parking lot are also proposed and Mr. Buck reviewed the landscaping plan for the addition of islands in the parking lot. Due to the location of the existing detention facilities for the site, staff is recommending that two of the proposed landscape islands be relocated and one additional island be added to the site. The site will still function as it does currently and a certified survey map will be required to be submitted for administrative review and approval to complete the lot division. He also reviewed the conditions recommended for this request. Item —1935 -1989 8 KDeller PD & Land Div Mr. Borsuk questioned if the acreage for the parcel just included the two lots on the request. Mr. Buck responded affirmatively. Mr. Borsuk commented that the detention facilities were constructed years ago and questioned if the redevelopment of the site would trigger the more current storm water management requirements. He expressed concern that once divided the area triggers for stormwater improvements in the future would be affected and asked if both proposed lots could be treated as a single development entity in regard to future storm water regulations. Mr. Buck replied that a condition could be added to the Plan Commission's recommended conditions to address this concern. Steve Gohde, Assistant Director of Public Worlcs, stated that according to his discussions with the petitioner, they intend to stay under the threshold that would trigger the new storm water management standards although he would like to look at it as one development instead of two separate developments in the future. Motion by Mr. Borsuk to amend the conditions for this request to add a condition that Lot 1 and Lot 2 be considered as one development entity for purposes of storm water management triggers necessitating compliance with ordinance standards. Seconded by Thoms. Motion carried 7-0. Motion by Borsuk to approve the land division and planned development for property located at 1935-1989 South Koeller Street with the following conditions: a) Base Standard Modification (BSM) to allow the creation of a lot without access to a public street. b) Cross access, parking and maintenance agreements between the two lots must be provided and recorded with the Register of Deeds, as approved by the Department of Community Development. c) Storm water management and maintenance agreements between the two lots must be provided and recorded with the Register of Deeds, as approved by the Department of Public Works, d) Base Standard Modification (BSM) to allow 0 foot side yard setback for the building, drives and parking stalls between proposed Lots I and 2. e) Base Standard Modification (BSM) to allow off - premise advertising for uses located within the Oshkosh Shopping Center on the multiple tenant sign located at the southwest corner of proposed Lot 1. f) Relocation of parking lot landscape islands to the center of the two internal parking rows on the northern side of the parking lot and add an additional landscape island at the northernmost parking row end closest to the building. g) Lot I and Lot 2 to be considered as one development in regard to storm water management requirements. Seconded by Propp. Motion carried 7 -0. Item —1935 -1989 s Koetter PD & Land Div SUBMIT TO: City of Oshkosh Application `J 7 pp Aept. of Community Development Planned Development Review 215 Church Ave., P.O. Box 1130 Oshkosh; Wisconsin 54903 -1130 0- fHK01H ® Conditional Use Permit Review PRONE: (920) 235 -5059 ON THE WATER "PLEASE TYPE OR PRINT USING BLACK INKS* APPLICANT INFORMATION Petitioner: mate: 3/6 /N Petitioner's Address: City: �c,SC/, A State: ,4'- zip: �2� .� p' — Telephone #: (W6) 95'9 ?48 Pax: (qFO) f* Other Contact # or Email: 1ellex $Gllu-dCV. c,11 � .. Status of Petitioner (Please Check): 0 Owner N Representative ❑ Tenant ❑ Prospective Buyer Petitioner's Signature ( OWNER INFORMATION Date: 3 / Owner(s): Alh1 a C�,r�or?,' 1 v�c� L>' Date: 3 I Owner(s) Address: / city: State: A'- Zip: 8S2-5-0 Telephone #: (tirL') gyp_ �D !% Pax: t Y D) � � " �6Z � Other Contact # or Emal l: gar 16,-Cg5a V1 Ownership Status (Please Check): ❑ Individual 11 Trust 17 Partnership ❑ Corporation X LL G Property Owner Consent: (required) By signature hereon, I /We acknowledge that City officials and /or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Se incomplete submissions or other administrative reasons. Property Owner's Signature: Date: SITE INFORMATION Address/Location of Proposed Project: 9.sS- l' S©r17'14 t-1-V 14,1--r ��tc�f Parcel No. 4707 -YIA'�600 Proposed Project Type:8.tiiiv�era;� % Current Use of Property: Comae r�,a Land Uses Surrounding Site: North: South: •��' �! l East: Gr-tvv West: "Please note that a meeting notice will be mailed to all abutting property owners regarding your request. ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE Zoning: 6 ° Z PZ) For more information please the City's website at www.ei,ashkosh.wi.us/Coi-nmunity_Deve]opment/Plannirig.htm Staff' Date Recd no Briefly explain how the proposed conditional use /development plan will not have a negative effect on the issues below, 1. Health, safety, and general welfare of occupants of surrounding lands. - 2. Pedestrian and vehicular circulation and safety. /of 3. Noise, air, water, or other forms of environmental pollution. . /irD p`700_— % G4 �S 4. The demand for and availability of public services and facilities. Na 5. Character and future development gfthe area. �,!!x{ ///uIIiyr 1�. ;iclr�,� fu,c.«Ce lilies "I vrW4� v1' sacs/ rct„�o 1 -e�r�� tkc��if'�iLn�� �tincr,SG CC� r.rrk�cfJ L✓�rr 5e �.s-1vCa.�.�.�z SUBMITTAL REQUIREMENTS — Must accompany the application to be complete. ➢ A NARRATIVE of the proposed conditional use/Development Plan including: ❑ existing and proposed use of the property ❑ Identification of all structures (including paving, signage, etc.) on the property and discussion of their relation to the project ❑ Projected number of residents, employees, and/or daily customers R Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one - hundredth of an acre ❑ effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. ❑ Compatibility of the proposed use with adjacent and other properties in the area. ❑ Traffic generation (anticipated number of customers, deliveries, employee shift changes, etc.) CJ Any other pertinent information to properly understand the intended use /plan and its relation to nearby properties and the community as a whole ➢ • complete SITE PLAN and BUILDING ELEVATIONS must include: • Two (2) full size (minimum 24' - x 36 ") scaled and dimensioned prints of site plan and building elevations • Two (2) 8 %" x 1 I (minimum) to 11" x 17" (maximum) reduction of the site plan and building elevations • One compact disc or diskette with digital plans and drawings of the project in AutoCAU 2000 format with fonts and plot style table file (if plans have been prepared digitally) • Title block that provides all contact information for the petitioner and/or owner and contact information of petitioner's engineers /surveyors/architects, or other design professionals used in the preparation of the plans ❑ The date of the original plan and revision dates, if applicable ❑ A north arrow and grapbic scale. ❑ All property lines and existing and proposed right-of-way lines with dimensions clearly labeled • All required setback and offset lines • All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, signs, decks, patios, fences, walls, etc. ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for screening ❑ Location and dimension of all on -site parking (and off -site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30 -36 City of Oshkosh Zoning Ordinance ❑ Location and dimension of all loading and service areas ❑ Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan ❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (Le, visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators, etc. 5 City of Oshkosh application Subdivision &. Certified Survey Map SUBMIT TO: I-�f Dept. of Community Development Qf �--K n 215 Church Ave., P.O. Box 1130 ON THE WATER * *PLEASE TYPE OR PRINT USING BLACK INK ** Oshkosh, Wisconsin 54903 -1130 (PHONE: (920) 2365059 APPLICANT INFORMATION Petitioner: yS�i;t [�f _ _ Dater / Petitioner's Address: 572S ` 53, ",d"Alz ' &,J City: State: -2 Zip: Telephone #: (yea) lov Fax: (yVFD) Other Contact # or Email: /�r J i�G�dt ✓ cyr*z Status of Petitioner (Please Check): ❑ Owner IkRepresentative D Tenant ❑ Prospective Buyer Petitioner's Signature (required OWNER INFORMATION Date: Owner's): . r•?�-,' L Date; 3 Owner(s) Address; _5_7Z5' f/, 5u',&,,"4k ! zll/ ---City: Sca{{ State: 4?- Zip: zsv Tel ephonc #: (YSD) Zft -- °JIJ %/ Fax: (q?o -V©7e Other Contact # or Emai�G'c Ownership Status (Please Check): C1 Individual D Trust D Partnership D Corporation 1�r L LC Property Owner Consent: (required) By signature hereon, I /We acknowledge that City officials and /or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Pl ces Division for incomplete submissions or other administrative reason Property Owner's Signature: Date: 11� I SUBDIVISION INFORMATION (Please Check): 0 Residential XCommercial /Industrial C1 Other Approvals Requested (Please Check): D Preliminary Subdivision Plat* ❑ Final Subdivision flat KCertified Survey Map *If preliminary plat, is the entire area owned or controlled by subdivider included? Yes__ No__ Location of Proposed Project: 035-- 518 Y %%e,r Zoning Classification: G _ 2 PD Reason for Division: 1-0 SVjChvi,64 .o It o + C7ti z & Proposed Number of Lots: Z Acres in Parcel(s): 5-,2(, Proposed Lot Sizes: Mina Max. rs� boy ( tyAvcrage Proposed Project Type (include use of buildings and property): :111 _ d- •c 1 ", / & '"'% Current Use of Property (include existing structures): 6y11 —mac, A c 1�1_+ L Staff Date Rec'd Significant Natural Amenities (slope, vegetation, large tree stands, etc.): Floodplains, navigable streams, wetlands, and Other Development Restrictions: Variances- mist and explain any requested variances from the Subdivision Regulations:" -� ✓2 t'L9'L.�.r/ W f77JCLF V t �n� ° %'�LdWCf Y-'J S�-Ci� 72M, A "Please note that a meeting notice will be mailed to all abutting property owners regarding your request. SUBMITTAL REQUIREMENTS_ — Must accompany the application to be complete. ➢ Basic Materials © Completed Application ❑ Legal Description of Site ❑ Twenty -Six (25) full size paper prints of the preliminary or final plat prepared in accordance with City Subdivision Regulations ❑ One copy of the subdivision plat reduced to 8 ' /z" x 11" ❑ One copy of the Certified Survey Map ❑ Digital Copy of Preliminary Plat, Final Plat, or CSM in Autocad 2000 format (plans may be c- mailed to the Planning Office) ➢ Plat Data • Title • Legal description and general location of property • Date, scale and north arrow • Names and addresses of the owner, subdivider, and land surveyor preparing the plat • Entire area contiguous to the proposed plat owned or controlled by the subdivider shall be included on the preliminary plat • Exterior boundaries • "Contours • Water elevations • Location, rights -of -way widths and names ❑ Location and names of any adjacent subdivisions ❑ Type, width and elevation of existing street pavements within the plat or adjacent thereto ❑ Location, size, and invert elevation of existing infrastructure items such as sewers, manholes, power poles, etc. • Locations of all existing property boundary lines • Dimensions of all lots with proposed lot and block numbers • Location and dimensions of any sites to be reserved or dedicated for parks, trails, playgrounds, drainage ways, or other public use, or which are to be used for group housing, shopping centers, church sites, or other non - public uses not requiring lotting • Approximate radii of all curves • Corporate limit lines ❑ Any proposed lake and /or stream access ❑ Any proposed lake and stream including the notice of application for Dept. of Natural Resources' approval, when applicable . ❑ Location of environmentally sensitive areas (wetlands, Floodplains, navigable streams, etc.) For further information see Section 30 -72 of City of Oshkosh Subdivision Regulations for Submittal Requirements ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON- REFUNDABLE For more information please visit the City's website at www.el.oshkosh.wi,us/ Community _ Development /PIanning.htm 2 7 March 6, 2014 City of Oshkosh Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 920236 -5059 RE: OSHKOSH RETAIL CENTER SUBDIVISION Alpha Opportunity Fund .1, LLC ( "Alpha ") is the owner of the commercial retail property commonly referred to as Oshkosh Retail Center, located at 1935 -1989 South Koeller Street Oshkosh, W1 54902, (the "Property "). Alpha is pleased to submit the following narrative outlining the proposed subdivision of the Property into two lots. The narrative encompasses the range of effort Alpha proposes undertaking in order to complete the requested subdivision including use, parking lot improvements, easement agreements, firewall, and fire sprinkler systems. CURRENT & FUTURE USE The Property is zoned C -2PD and located in a commercial retail corridor with many similar and complimentary uses in the immediate vicinity. There are no proposed changes in use, and the Property will continue operating as a commercial retail center servicing the local community. The Property's total site area is approximately 5.26 acres or 229,330 square feet, including approximately 47,000 square feet of existing leasable retail shopping space and 2.24 acres or 97,608 square feet of existing asphalt parking area. There is a pylon sign located on the southwest corner of LOT 1 as identified on the Certified Survey Map and Site Plan Survey prepared for Alpha by Quantum Spatial. Alpha has ownership and management interests in another pylon sign adjacent to the boundaries of the Property, located in the northeast corner of the parcel owned by Aldi. Alpha, Oshkosh Retail Center Subdivision 8 The proposed subdivision would create a new property line and two new lots, identified on the Certified Survey Map and Site Plan Survey, as LOT 1 and LOT 2. The total area of LOT 1 is approximately 1.89 acres or 82,690 square feet, including approximately 15,500 square feet of existing retail shopping space. The retail space on LOT 1 is currently occupied by a Petco store, with a ten -year lease on the premises. The total area of LOT 2 is approximately 3.37 acres or 146,640 square feet, including approximately 31,500 square feet of existing retail shopping space, which is currently unoccupied and available for lease. In an effort to improve parking lot and overall Property appearance, Alpha is proposing to upgrade the quantity and quality of green spaces by building a total of five landscaped islands in locations identified on the Parking Lot Site Plan and Curb Detail, attached hereto and marked. Exhibit "A." Each island will be constructed with approximately 400 linear feet of 12 inch concrete curbing. The combined area of the five islands will total approximately 2,000 square feet. Each island will have deciduous plant materials, including shrubs, grasses, and flowering plants, surrounded by hardwood mulch. DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENT AGREEN.IEENT The Property -and common area are part of a larger development governed by and subject to an Operating Easement Agreement recorded as Document No. 902136 in the Register's Office of Winnebago County, Wisconsin dated April 13, 1995 (the "OEA "). Alpha's proposed subdivision requires an updated easement agreement between the newly formed parcels to address ownership, access, parking, utilities, common wall, common area maintenance, water, pylori signs, and operation of the Property. Alpha is submitting a draft Declaration of Restrictive Covenants and Easement Agreement (the "Agreement ") along with this narrative. Alpha, Oshkosh Retail Center Subdivision 2 9 The Agreement provides for the integrated use of the proposed newly created LOT 1 and LOT 2 (referred to as Parcels B and A respectively in the Agreement) as the Shopping Center,'to impose certain easements upon_ the Parcels, and to establish certain covenants, conditions, and restrictions with respect to said Parcels, for the mutual and reciprocal benefit and complement of all the Parcels, and each of the present and future owners and occupants thereof, on the terms and conditions hereinafter set forth attached hereto and marked Exhibit "B." BUILDING AND FIREWALL IMPROVEMENTS Alpha's proposed subdivision would require the construction of a fire barrier for buildings separated by a property line without the required distance between each building. Alpha petitioned the State of Wisconsin for a variance related to that'requirement and specifically code sections 706.1.1 and 706.4, Final Approval of Petition for Variance was obtained February 25, 2014. A copy of the Approved Petition is attached hereto and remarked Exhibit "C." As a condition of approval, Alpha has agreed to upgrade the demising wall separating the adjacent suites located between LOT 1 and LOT 2 and construct a new fire barrier according to the Building Separation/Fire Barrier plans, attached hereto and marked Exhibit "D." According to those same plans, Alpha will install an EDPM flex joint to separate the roof along the proposed new property line between LOT 1 and LOT 2. Future ownership and maintenance responsibilities of the newly created independent roof sections are addressed in the above - referenced Agreement. FIRE SPRINKLER IMPROVEMENTS The fire sprinkler system currently services adjacent buildings along the proposed subdivision, with the riser located in the Petco suite on LOT 1. Alpha will separate and cap the plumbing connection from LOT 1 in the Petco suite to LOT 2 in the adjacent vacant suite. The existing location of the riser and monitoring system in Petco will remain and will be configured so that it is solely dedicated to that suite. Alpha will bring service into the adjacent vacant suite on LOT 2. A new dedicated riser and monitoring system will be installed and tied into the suite's existing sprinkler plumbing. Exact Alpha, Oshkosh Retail Center Subdivision 3 10 locations and detailed construction specifications are .identified on the Building Separat'on/Fire Suppression Plans attached hereto and marked Exhibit "E." The team at Alpha would like to thank the Oshkosh Department of Corn_munity Development for the time and consideration in review of the proposed subdivision plan. Please feel free to contact Justin Eller to discuss any details of the proposed plan or answer any questions, should clarification be required. Sincerely, Justin Eller Justin Eller Developer Associate 5725 N. Scottsdale Rd., Suite C 195 Scottsdale AZ 85250 �elle�-�?sauelar�lev.ec�tu P. 480- 385 -1304 M. 502 - 721 -9912 F.480 -949 -9020 Alpha, Oshkosh Retail Center Subdivision 4 LWd .L�A531VN1°aoo�LN °O�O7V63NNYM1 3 zN un3s YILM p ° aM wi of °3aNaa�au soNlr�e prm w � 3 _9. z � U z N x_ i1': iii f yn y i e n sW �F nF 555 n 13� O T A c I a' V� JJ J O'7 J�J /JJ JJJ \ �. e27 8EB - � a W V � VVV vrym wz LL a) 0 � U1 >'zQO�� a0�3az m Q N N Q:� Z a 6jo 00 J _7 C" —xD W �al°LLrz z ¢oec- yam IRIN .U3LilS EISTMON H.LrIOS 6 i' N.. Ui a ys �Ha:mebuar ¢� oa ax uua •i-b. 'H'S'f1 6 g� 2 l.��w �4 p RkR W$ 2 %[ 4� w� H w i< omm'm I.....°L eel l3uu�aLn eai er 0s o.4 j,�x IDd WIk r-Qb Q0-- b.°r is mxa. Sri � nory,°i ppLj _� cod 3.PI ,65 , 3oe�z prm Uo u0a°o- _9. i1': iii f yn y i e S: I !�t 13� ze I . 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ID �` ti+3 .ra'oaz D D N I Irlw try Es�ldrn Itf,❑iM Mry} � � � g j � � Lir,'H`S'fi DD Ow I��n Lac V7 L.9r S& .9911 sv ' sN -D U W g(Z ~p 3.86 ,6S .QDN W I w a w IA 0 g u mN �m Zw n � N ym " o vz V a � B� 1n n a r z n a d N 0 N G 0 it 1- O a S 0 x1 3 m °w z 16 PD /LAND DIVISION DAYTON HUDSON CORP G & N INVESTMENTS LLC 1935 --1989 S KOELLER ST PO BOX 9456 564 EASTERN BLVD PC: 04- 01-°14 MINNEAPOLIS MN 55440 9456 CLARKSVILLE IN 47129 2452 SBW CAPITAL PARTNERS LLC 2470-PALUMBO DR LEXINGTON KY 40509 1117 ALDI INC 9342 S 13TH ST OAK CREEK WI 53154 4347 OSHKOSH LASALLE 93 1855 S KOELLER ST OSHKOSH WI 54902 6186 ALPHA OPPORTUNITY FUND I LLC 5725 N SCOTTSDALE RD C-195 SCOTTSDALE AZ 85250 5905 THOMAS &WM MAS'T`ERS /L7AMES K CONSTANTINEAU PO BOX 270422 HARTFORD WI 53027 0422, SIX RIVERS DEVELOPMENT LLC 601 OREGON ST B OSHKOSH WI 54902 5965 OCONNOR OTT, CORP PO BOX 968 FOND DU LAC WI 54936 0968 17 tin 0.03mi N = 1 in =174ft The City of Oshkosh creates and maintains GIS maps.and data for its own use. They may show the approximate relative location of properly boundaries and other feature from a variety of sources. Hinting bete: 3I18I2O14 O f -�K�J� These map(s)ldatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS•f5° without f ON THE WATER warrantles of any Idnd and the City cf Oshkosh assumes no liabillty for use or misuse. Prepared by: City of Oshkosh, V4 J:KiIS}P €anNrgWlan Gomm €ssw site Plan Map Templala4Plan t;ornrn €swn Site Plan map lelnplate mxd User. deboralri 8 .r to 44 s3 41 M -1 P — C =2 'r-7 P� The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map(s)ldatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "A5 -ls" without warranl�es of any 0d and the City of Oshkosh assumes no liability for use or misuse. JAGIWlannhgOan Commission Site Plan Map Temple €e0an Cornmisslon Site Plan Map iemplale,mxd M 1 in = 0.19 mi 1 in =1,000 ft Printing Date: 3118/2014 Prepared by: City of Oshkosh, WI s� DR Pvt z o AGO 1NDP W1TI RD C^1 AVE 01 9 The City of Oshkosh creates and maintains GfS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map(sydatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS` without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. A, 1 in = 0.03 mi tin =160 ft Printing Date: 3/1812014 Prepared by: City of Oshkosh, Wl O.fHK0,(H ON THE WATER Commission Site Plan Map TemplateOan Commission Site Plan Map Template.mxd User. deborahf 20