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HomeMy WebLinkAbout05. 14-468 OCTOBER 28, 2014 14-468 RESOLUTION (CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE PLANNED DEVELOPMENT TO CONSTRUCT OFFICE/RETAIL BUILDING AT WESTOWNE AVENUE AND NORTH WASHBURN STREET INITIATED BY: EBEN JOHNSON PLAN COMMISSION RECOMMENDATION: Approved with conditions BE IT RESOLVED by the Common Council of the City of Oshkosh that a planned development for construction of an office/ retail building and accessory parking lot at the south side of the intersection of Westowne Avenue and North Washburn Street, per the attached, is hereby approved with the following conditions: 1) A certified survey map or other instrument that changes the parcels status from outlot to a regular lot be created and recorded with the Register of Deeds. 2) Base standard modifications to allow the buildings front yard setback to be 24 feet and the east side yard setback to be five feet. 3) Base standard modification to allow the parking lot east side yard setback to be 1 foot 4) All improvements located in the sanitary sewer easement receive approval of the Algoma Sanitary District. 0 JHKOIH on n�e wnr� TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: October 23, 2014 RE: Approve Planned Development to Construct Office/Retail Building at Westowne Avenue and North Washburn Street (Plan Commission Recommends Approval) BACKGROUND The Planned Development request encompasses a single property that is approximately 0.47 acres (20,562 square feet) in size and is located at the south side of the intersection of Westowne Avenue and North Washburn Street. It was platted as an outlot when the Lowes planned development was approved in 2007 (Resolution 07-89). The land use pattern in the area is characterized by established retail and service uses to the south, east and west with a major intersection and auto service uses to the north across Westowne Avenue. This item was brought before the Plan Commission in August 2014 where it received a recommendation for approval with a condition of releasing a 20 foot sanitary sewer easement which runs along the west and south property lines. The petitioner was unable to obtain the release of the easement from the Algoma Sanitary District and subsequently withdrew the request prior to Common Council review. The petitioner has since amended the site design to include an encroachment in the easement area that is acceptable to the Algoma Sanitary District. ANALYSIS The applicant is proposing to utilize the half acre outlot to construct a 4,200 square foot single-story, three-tenant retail and office building with approximately six employees at any given shift with hours of operation between 6 am and 10 pm. The development will be located on the northern portion of the lot nearest to Westowne Avenue with parking proposed to the south of the structure with a full access driveway leading to the Lowes parking lot drive aisle. This two-way access entrance is the only access to the development and is facilitated through a cross access easement approved with the Lowes planned development as access to Westowne Avenue at this location is prohibited. Storm water from this site will be directed to the storm water detention basin on the neighboring Lowes site which was sized for this purpose and for which there is an easement in place. The overall design of the building is architecturally pleasing and is an appropriate in-fill commercial structure that is compatible and consistent with adjacent properties and the area as a whole. FISCAL IMPACT None anticipated other than it will add additional property tax value on a previously undevelopable lot. RECOMMENDATION The Plan Commission approved of this request at its October 21, 2014 meeting. Approved, ����� City anager ITEM: PLANNED DEVELOPMENT REVIEW TO ALLOW DEVELOPMENT OF AN OFFICE/RETAIL BUILDING AT THE SOUTH INTERSECTION OF WESTOWNE AVENUE AND NORTH WASHBURN STREET Plan Commission meeting of October 21, 2014 This item was brought before the Oshkosh Plan Commission on August 19, 2014 where it received a recommendation of approval with a condition of releasing a 20 foot sanitary sewer easement which runs along the west and south property lines. The petitioner was unable to work with the Algoma Sanitary District to release the easement and subsequently withdrew the item before review by the Common Council. The applicant has amended the building design and site plan in such a way that it now includes an encroachment in the sanitary sewer easement area that is acceptable to the Algoma Sanitary District but differs from the original application, thereby requiring a new planned development review/approval. GENERAL INFORMATION Applicant: Eben Johnson Owner: Shoreland Development Corp. Actions Requested: The petitioner requests development plan approval for the development of an office/retail building and accessory parking lot at the south side of the intersection of Westowne Avenue and North Washburn Street. Applicable Ordinance Provisions: The Zoning Ordinance establishes criteria and guidelines for the establishment and/or amendment of development in the Planned Development Overlay District in Section 30-33 (A)(1). Property Location and Type: The Planned Development request encompasses a single property that is approximately 0.47 acres (20,562 square feet) in size and is located at the south side of the intersection of Westowne Avenue and North Washburn Street. It was platted as an outlot when the Lowes planned development was approved in 2007 (Resolution 07-89) and contains a 20 foot wide Algoma Sanitary District storm sewer easement. The property has a G2 PD: General Commercial with Planned Development zoning designation as do the properties surrounding it; however it does not lie within the Highway 41 Overlay as do the properties to the east and north. The land use pattern in the area is characterized by established retail and service uses to the south, east and west with a major intersection and auto service uses to the north across Westowne Avenue. 1 Sub'ect Site Existin Land Use Zonin Undeveloped Outlot C-2 PD Ad'acent Land Use and Zonin Existin ITses Zonin North Retail Auto Service (across Westowne/Washburn) G2 PD & HWY 41 West Lodging, Restaurant and Retail G2 PD South Retail (bi box) C-2 PD & HWY 41 East Retail (big box) C-2 PD & HWY 41 Com rehensive Plan Com rehensive Plan Larcd Use Recommendation Land Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS The applicant is proposing to utilize the half acre outlot located at the northwest corner of the Lowes site parking lot for development of a retail and/or office building with associated parking. The lot is located at the southern corner of the Westowne Avenue and North Washburn Street intersection between the Cousin's/Cellcom building on the west and a detention basin on the east. As an outlot, the parcel is not buildable, however upon approval of the development plan, the applicant will file a certified survey map, correction, ar other instrument to change the parcel's status from an outlot to a regular lot, thereby making it developable. Use The proposed retail and office use is consistent with the recommended land use in the City's Comprehensive Plan as the area is identified as appropriate for commercial use due to its location and the commercial nature of the general vicinity. Retail and office uses are permitted uses in the underlying C-2 General Commercial Zoning District and the approval of the development plan will meet the requirements of the Planned Development Overlay District. There is anticipated to be approximately six employees working in the proposed tenant spaces at any given shift. The businesses will be open during normal business hours of operation typically between 6 a.m. and 10 p.m. Site Desi�n The proposed site development plan includes construction of a 3,525 square foot retail and/or office building located on the northern portion of the lot nearest to Westowne Avenue. Parking is proposed to the south of the structure near the parking lot for Lowes with a full access driveway leading to the Lowes parking lot drive aisle. Pedestrian walks, landscaping, and a refuse enclosure are also included in the development plan. As proposed, 17% of the lot area will be covered by building footprint, 28% will be parking, and 55% will be open space and pedestrian walks. The proposed placement of the building requires three base standard modifications to the minimum setback requirements of the C-2 District. The front yard/Westowne Avenue setback is proposed to be located 20 feet from the property line where a 25 foot setback is required and the east side yard setback is proposed to be five feet where a 10 foot setback is required. The placement of the parking lot also requires a base standard modification for the east side yard setback, which is proposed to be one foot where a 10 foot setback is required. Item—lntersection of Westowne& Washburn PD 2 It is understood that the size of the lot and location of the sanitary sewer easement makes it challenging to develop, but staff has concerns with the reduced front yard/Westowne Avenue setback as it may hinder visibility to the properties to the west from North Washburn Street and is not needed to the extent proposed. When analyzing the site plan, staff determined that an additional four feet of setback can be attained bringing the front yard setback to a more supportable 24 feet,just one foot short of the required setback, by reducing the rear yard setback of the refuse enclosure from proposed six feet to the required five feet and reducing the eight foot sidewalk on the south side of the building to a standard five feet. These changes will not alter the functionality of the development nor change the number of parking stalls and will allow for the least needed base standard modification to the front yard setback. Staff is in support of the eastern lot line setback base standard modifications because the area adjacent is stormwater detention basin and adjoining greenspace areas that will remain open space. The reduced setback at the east side of the property permits the building to be removed from the sanitary sewer easement and allows the parking lot to be constructed in the easement area but not directly over the sewer line itself. Additionally, the greater setback buffer of 29.5 feet from the development and neighboring property to the west is provided. The placement of all other site improvements conforms to the dimensional regulations of the underlying C-2 zoning designation. Access/Parkin� The only access to the development is proposed through a full access driveway leading from the Lowes parking lot from the east, which provides access to two established street accesses onto North Washburn Street. The drive is designed as a two-way access entrance with 26 feet of width. This access is facilitated through a cross access easement that was included as a condition of approval of the Lowes planned development and is necessary, as access to Westowne Avenue at this location is prohibited. A pedestrian connection to the Westowne Avenue sidewalk is depicted on the site plan at both the north and south sides of the building and meets code requirements as it connects the building entrance to the public walk through a dedicated walkway that is completely separated from parking areas and drive aisles. Parking is proposed to be provided on the south side of the building as 18 surface parking stalls including a handicap stall. The proposed number of stalls exceeds the minimum 15 stalls required by code. Landscapin and Lighting A conceptual landscaping plan for the site has been provided with the application to give a concept of the future landscaping scheme to accompany the development that includes a multitude of shrubs and trees. This concept includes shade trees on the south and north sides of the property, arborvitae along the south lot line as a parking lot/refuse enclosure screen, evergreens on the buildings south side and along the west lot line and shrubs at the buildings north, south and west foundations. The quantities and locations of plant materials will need to meet Zoning Code requirements and will be analyzed during site plan review. The submittal does not include a lighting/photometric plan but all lighting on the site will be required to meet Zoning Code requirements and will be analyzed during site plan review. Item—Intersection of Westowne& Washburn PD 3 Stormwater Management and Sanitarv Sewer Easement Stormwater from this site, when developed, will be directed to the stormwater detention basin on the neighboring Lowes site which was sized to take in the additional volumes when constructed and for which there is an easement in place. As part of the developing the parcel, the petitioner will need to encroach into the existing Algoma Sanitary District's 20 foot sanitary sewer easement. The Algoma Sanitary District has reviewed the plans and recommends approval of the project as proposed. Building Design The proposed retail and office building is a 19 foot tall single-story structure designed with column elements that include decorative wall sconce lighting on all sides to provide architectural detail and character to the wall planes and roofline and to also break up the building length. The building is proposed to be primarily veneer stone and EIFS accented with large amounts of aluminum framed window storefront system on the south, east and west elevations and two smaller scale aluminum framed enlarged doorway systems on the north elevation. Yet to be determined signage is depicted on the upper portion of all elevations. Signage location and size will need to meet Zoning Code requirements, which will be analyzed during site plan review. The overall design of the building is architecturally pleasing and is an appropriate in-fill commercial structure. Staff believes that its design is compatible and consistent with adjacent properties and the area as a whole. RECOMMENDATION/CONDITIONS Staff believes that the development meets the standards set forth in Section 30-33: Planned Developments and will have a positive impact on surrounding lands, will be hannonious with the intended character of the general vicinity, and will not be detrimental to neighboring property or the community as a whole. Staff also feels that the proposal reflects the city's development and planning policies, enhances the appearance of the area and is architecturally compatible with nearby and adjacent structures lending a positive contribution to the physical appearance of land uses and buildings in the community. Staff recommends approval of the development plan with the following conditions: a) A certified survey map or other instrument that changes the parcels status from outlot to a regular lot be created and recorded with the Register of Deeds. b) Base standard modifications to allow the buildings front yard setback to be 24 feet and the east side yard setback to be five feet. c) Base standard modification to allow the parking lot east side yard setback to be 1 foot. d) All improvements located in the sanitary sewer easement receive approval of the Algoma Sanitary District. The Plan Commission approved of the planned development as requested with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and discussed the issues with the last submittal relating to the sanitary sewer easement and reviewed the site and surrounding area as well as the land use and zoning classifications in said area. He reviewed the original site plan as well as the revised plan and stated that the building was being shifted as far as possible to the east and was down sized to remove it from the easement area. He reviewed the base standard modifications for the Item—Intersection of Westowne& Washburn PD 4 development and the increase of the requested structure's front yard setbacks by staff to reduce the requested base standard modifications far the development. He also discussed access to the site, parking requirements, and landscaping plans for the development. Storm water will be directed to the detention basin on the neighboring Lowes site and the development will encroach into the existing Algoma Sanitary District's sanitary sewer easement however the District has reviewed and recommends approval of the project as proposed. Mr. Buck also reviewed the elevations and walls signs for the development as well as the conditions recommended for this request. Eben Johnson, 5888 Lakewind Drive, requested that the Plan Commission consider leaving the building's front yard setback at 20 feet from the lot line as originally proposed. He stated that this would provide extra green space and that there was extra green space to the west of this site as well. He also had concerns with the buildability of the site as the current allowed setback recommended by staff would only provide for four feet of room to maneuver during construction of the development. He also does not want the front entry way to appear to be too crowded as first impressions at the entrance are important. He further stated that the Holiday Inn has a 20 foot setback from the lot line which would line up similar to his development and he discussed this matter with the adjacent property owner, Peter Jungbacker, and he does not have any issues with it. The decreased front yard setback would also allow for more visibility and he would like to have the Plan Commission approve his development with the setbacks he initially requested. He also stated that he would like to utilize an affidavit of correction rather than a certified survey map to change the parcel's status from an outlot to a buildable lot. Mr. Buck stated that the staff's recommendation to provide an additional four feet of front yard setback by pushing the building back with the reduction of the sidewalk on the south side of the building would not change the functionality of the site and staff's intent was to reduce the base standard modifications as much as possible without affecting functionality. Mr. Gray questioned what the difference was between an affidavit of correction and a certified survey map. Mr. Buck responded that the difference was that the affidavit was an instrument of correction and the certified survey map was to create a new lot. He would have to look into which document would be an acceptable form and the difference to the petitioner would be the costs as a certified survey map was more expensive than the affidavit of correction. Motion by Vajgrt to approve a planned development to allow an office/retail building at the south intersection of Westowne Avenue and N. Washburn Street with the following conditions: a) A certified survey map or other instrument that changes the parcels status from outlot to a regular lot be created and recorded with the Register of Deeds. b) Base standard modifications to allow the buildings front yard setback to be 24 feet and the east side yard setback to be five feet. c) Base standard modification to allow the parking lot east side yard setback to be 1 foot. d) All improvements located in the sanitary sewer easement receive approval of the Algoma Sanitary District. Seconded by Bowen. Motion carried S-0. Item—Inte�section of Westowne& Washburn_PD S ��� ;��.��{� � F�=-�. �In�= � _ Ci of Oshkosh A lication SUBMIT TO: � pp Dept.of Community Developme Planned Dev�lonment Review 215 Church Ave.,P.O.Box 1]3C - t' Oshkosh,Wisconsin 54903-113L O.fHKO.IH 0 Conditional Use Permit Review PHONE:(920)236-5059 ON 7HE WATER **PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INF'ORMATION i� Petitioner: � �ii� � � 4 ��� Date; � ZZ l� Petitioner's Address:� � Z! �P�t.( i v1 � �r�� City: • l�L State:�Zip:�� Telephone#: (����t "' l�z � F�: ( ) Other Contact#or Email: e.�7 �(�t�v�g�/,.Z� ��G�t,a.i�•47�21 Status of Petitioner(Please Check): ❑O r �Representative ❑Tenant�rospective Buyer '� Petitioner's 5ignature(required): Date: y. ; l OWNER INFORIVIATION � J/ ..,[/_�p� ,� Owner(s): �'l�° YI t 2��GLt�IOI G II` � 0 GE�I. �! Date: � Z-//� ° Owner(s)Address: �. City: �c d7 State:�Zip:�7 Telephone#: (7�(!) a��7'��3 l�Fax; ( ) Other Contact#or Email: Ownership Status(Please Check): ❑Individual ❑Trust 0 Partnership�orporation 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 Planniug Services Division for incomplete submissions or other administrative reasons. r � _ Date: ��-�� �� Property Owner's Signature: /, �. SITE INFORMATION � Address/Location of Proposed Project: �`��/L�f�� �l'u��� / Q_ Parcel No. ��S�C���� ProposedProjectType: �s��%���/ t�°i.—�r-t�/ � �i���"l�'7�i G�rrent Use of Property:_--5�11�'1 Ds�/�!/r�-r3' �lf�/�;� Zoning: ��r' ! � Land Uses Surrounding Site: North: �� • S outh: G� East: �"` � Vdest:(�'� **Please note that a meeting notice will be mailed to all abutting property owners regarding your request. ➢ Appiication fees are due at time of submittal. Make check p�yable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON-REFLTNDASLE For more information please the City's website at www.ci.oshkosh.v,�i.us/Community_Development/Planning.htm Staff�� Date Rec'd�"����� � 5 �°► Revision 2 Outlot#4 Lowe's PD Existing and Proposed use of the property: The lot is located near the south west corner of Westowne Ave and Washburn St.The property Is being replated as a buildable lot with C2-PD zoning from an out lot status.The lots adjacent to the property are zoned C2-PDand C2.The property is currently vacant unimproved land. The proposed site improvements consist of a 3,525 SF building.The site is planned with approximate parking for 18 stalls to satisfy the building and code requirements and allows for safe and adequate car and truck circulation.The lot is approximately.47 acres. (20,474 SF) Projected Number of Employees: An estimate of the number of employees working in the proposed building is six. Proposed Landscape and Parking Area: The lot is approximately 20,474 SF.The building is approximately 3,525 SF.The parking and access drive area is approximately 5,600 SF.The landscape areas, pedestrian walkways and open space is approximately 11,349 SF.Trees and shrubs will be planted in quantities and type that meet code requirements. Effect on Adjoining Properties: The proposed building v�,�ilt have normal store hours of operation between 6 AM -10 PM.The adjacent properties are retail/commercial developments. Substantial landscaping has been provided along the south property line to buffer the parking lot.The only upward lights on the site are utilized to accent the main entrance and signage located on the building.The lights are dimmed in the evening afterthe building is closed. Surrounding Land Uses and Compatibility: � Most of the property surrounding the lot is zoned C2-PD and is developed with retail/commercial uses. The property to the north includes a restaurant and gas station.The properties to the west include a restraint and cell phone vendor and hotel.The property to the south is a Lowes store.The property to the east holds a water detention pond for the PD and as yet undeveloped land within the Lowes PD.The proposed building of retail and office use fits well with the surrounding land uses and zoning classifications. 6 Base Standard Modifications: Allow a set back from the north property line to the building of 20 ft.This wifl not negatively impact the property to the north as the building is well buffered from Westowne Ave with greenspace or the sightline of the property to the west as setback of the west property line will be well in excess of standard setbacks.This setback is similar to the Holiday Inn Express's northern setback. Allow a setback of 5 ft from the east property line for the building.This will not negatively impact the property to the east as it is the site of a permanent water retention pond and will not be developed in the future.This modification allows the building to avoid any encroachment on the sanitary sewer easement running through the lot. Allow a setback of 1 ft from the east property line for the parking lot.This will not negatively impact the parking lot the east as adequate green space exists to provide an attractive and safe boundary between the two parking areas.This modification will allow an aesthetically pleasing transition for the parking lot and the building. Traffic Generation: The site plan has adequate access drives that have been designed to accommodate the volume of car and truck traffic anticipated for the proposed building. No access to Westowne Ave from the lot is needed. All vehicular traffic travels through an easement on the Lowes's parking lot. 7 Briefly explain how the proposed plan will not have a negative effect on the issues below. 1. Health safety and general welfare of occupants of surrounding lands. The site has been designed in accordance with the adjacent property owners per the zoning and existing uses as well as the easements, covenants,conditions and restrictions found within the recorded document#1436609. 2. Pedestrian and vehicular circulation and safety. Pedestrian circulation has been provided for the site to be connected to the Westowne Ave sidewalks.Grass buffers will be provided for pedestrian safety. Appropriate car and truck patterns have been provided. 3. Noise,air,water or other forms of environmental pollution. Landscape buffers have been provided with the site plan to help with noise and aesthetics. Adequate storm water retention has been provided for the site with drainage in the nearby retention pond.An easement for which has been provided within document#1436609. 4. The demand for and availability of public services and facilities. Vehicular access to the site is provided with the easement recorded within document#1436609. Adequate sanitary facilities are provided by the Algoma Sanitary District.Adequate water facilities are provided by the City Public Works. Electric,Telephone and gas utility services are available for the project. 5. Character and future development of the area. The proposed development of the property is consistent with the existing surrounding land uses.The proposed uses fit welf with the existing uses and will provide an opportunity to make the site a productive area for the community. 8 /��� ' ..' . . . _ - G, , _. .:ia„r.t�.c • - �� .• � � •.�. z 1 r"� � E"�� ' �°�� .. �1 '�''k_. t '- t'. '� � � �{ ',��� 3 r�_ �'! 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