HomeMy WebLinkAbout02. 14-505 NOVEMBER 25, 2014 14-505 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE REZONING 2105 SOUTH KOELLER STREET FROM
C-2 GENERAL COMMERCIAL WITH A HIGHWAY 41 OVERLAY
TO C-2 GENERAL COMMERCIAL WITH A HIGHWAY 41
OVERLAY AND A PLANNED DEVELOPMENT OVERLAY
INITIATED BY: SAM'S REAL ESTATE BUSINESS TRUST, 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 property at 2105 South Koeller Street from C-2 General
Commercial with a Highway 41 Overlay to C-2 General Commercial with a Highway 41
Overlay and a Planned Development Overlay.
All of Lot 3 and Lot 4 CSM 5964 Document Number 1410416, excluding line for right of
way in Document Number 1511246, 13th Ward, City of Oshkosh, Winnebago County,
Wisconsin.
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #14-xxx APPROVE REZONING 2105 SOUTH KOELLER STREET
FROM C-2 GENERAL COMMERCIAL WITH A HIGHWAY 41 OVERLAY TO C-2
GENERAL COMMERCIAL WITH A HIGHWAY 41 OVERLAY AND A PLANNED
DEVELOPMENT OVERLAY on December 9, 2014. The full text of the Ordinance may
be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at
www2.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011.
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TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich I
Director of Planning Services
DATE: November 20, 2014
RE: Approve Rezoning 2105 South Koeller Street from C-2 General Commercial
with a Highway 41 Overlay to C-2 General Commercial with a Highway 41
Overlay and a Planned Development Overlay and Conditional Use
Permit/Planned Development Approval for a Retail/Commercial Development
with Auto Services (Plan Commission Recommends Approval)
This memo includes both the zone change request and the conditional use permit/p/anned
development request as they are in conjunction with each other although they require two
separate actions of approval.
BACKGROUND
The 16.43 acre single parcel of land is part of the commercial center known as Aviation
Plaza. It is bounded by West 20th Avenue on the north, Highway 41 on the west, South
Koeller Street on the east and JC Penney/Rogan's commercial uses on the south. Additional
nearby uses include general retail and service such as Target, Petco, Car-X Tire &Auto and
others including restaurants. The property is a gateway commercial property within the
Highway 41 corridor that is underdeveloped and is currently occupied by approximately
20,000 square feet of vacant commercial space that is remnant of a larger commercial strip
center that was razed as well as the former location of a Wal-Mart Store that has also been
removed. The site retains grave� foundation area of the former Wal-Mart Store, paved
surface parking areas and three drives/curb-cuts onto South Koeller Street.
ANALYSIS
Rezoning Request-
The proposed zone change will not change the underlying C-2 General Commercial
District/Highway 41 zoning designation but will add the Planned Development Overlay District
upon it so permitted and conditional uses will not be affected. The Planned Development
Overlay designation is beneficial to the applicant/property owner as it allows redevelopment
of the site utilizing base standard modifications that may provide relief from existing
conditions affecting the lot including a substandard setback, reduced lateral clearance, and
the desire for a larger parking lot. The Planned Development designation is beneficial to the
City as it provides the ability to address these conformities and grants City review and
oversight of development plans to ensure compliance with the City's development policies
and permits the City the ability to require additional conditions such as enhanced architectural
detailing and landscaping to mitigate the impact of any base standard modification
exceptions. As such, the proposed zone change to add the PD designation will help to
promote redevelopment of this site and is consistent with the Comprehensive Plan.
Conditional Use Permit/Planned Development-
The proposed uses in the main structure are a retail membership only warehouse club that
includes general merchandising of retail goods; grocery with delicatessen, bakery, and dry
goods; pharmacy; tire and battery sales and service; potential financial institution; optical
clinic; photography studio and lab; and a cafe/restaurant component. The site is also
proposed to contain vehicle fuel sales at a separate location of the lot. Redevelopment of the
site also includes demolition of some remaining commercial space on the site and
construction of a 136,000 square foot retail building and a 3,800 square foot gas canopy
covering 12 fueling stations, multiple storm water management areas, a truck loading area,
parking lot, and two access drives to South Koeller Street. Parking for the development is
proposed to be 570 stalls which exceeds the maximum allowed by the Zoning Ordinance
however it is supportable as the redevelopment will reduce the ratio of impervious surFace to
green space and includes generous amounts of internal landscaped islands. Internal
circulation for vehicles is well defined including landscape islands which far exceed code
minimums and there is cross access between the subject site and the site to the south.
Pedestrian access is provided through a sidewalk extending from the building entrance to
South Koeller Street and signage is proposed to be wall mounted and ground signage which
meets code requirements. Lighting plans show the pole heights and fixtures meet code
requirements and landscaping is proposed to consist of tree and shrub plantings on all sides
of the site and within parking lot islands and exceeds code requirements. Storm water
management facilities are proposed to be a mix of existing dry ponds, a new dry basin and
biofiltration areas which will be reviewed by the Department of Public Works. The primary
structure is designed as a flat roof building constructed of pre-case concrete wall panels with
earth tone finish and a maximum height of 29.3 feet and the petitioner has addressed staff's
concerns about the aesthetic qualities of the e�erior by enhancing architectural features as
recommended.
FISCAL IMPACT
None anticipated but the redeveloped site should add $10-$15 million in new property value
and revitalize the shopping center area.
RECOMMENDATION
The Plan Commission approved of this request at its November 4, 2014 meeting.
Approved,
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City Manager
ITEM: REZONING FROM C-2/HWY 41 DISTRICT TO C-2/HWY 41-PD AND
CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW FOR A
RETAIL/COMMERCIAL DEVELOPMENT WITH AUTO SERVICES AT
2105 SOUTH KOELLER STREET
Plan Commission meeting of November 4, 2014
GENERAL INFORMATION
Applicant: Sam's Real Estate Business Trust
Property Owners: Masters Oshkosh, LLC
Action(s) Requested:
The applicant is requesting three actions within this petition:
A. Rezoning from C-2/Highway 41 District to G2/Highway 41 with a Planned Development;
B. Conditional Use Permit for automobile service uses in a G2 District; and
C. Planned Development approval for the establishment of a 136,000 square foot retail
warehouse club with fuel station.
Applicable Ordinance Provisions:
The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning
from one classification to another but relies on the Comprehensive Plan and good planning
principles. The Zoning Ordinance does establish criteria and guidelines for the establishment of a
PD overlay district in Section 30-33 (A)(1) and Conditional Use Permits in Section 30-ll (D).
Property Location and Background Information
The 16.43 acre single parcel of land is part of the commercial center known as Aviation Plaza. It
is bounded by West 20t"Avenue on the north, Highway 41 on the west, South Koeller Street on
the east and JC Penney/Rogan's commercial uses on the south. Additional nearby uses include
general retail and service such as Target, Petco, Car-X Tire & Auto and others including
restaurants. The property is a gateway commercial property within the Highway 41 corridor that is
underdeveloped and is currently occupied by approximately 20,000 square feet of vacant
commercial space that is remnant of a larger commercial strip center that was razed as well as the
former location of a Wal-Mart Stare that has also been removed. The site retains gravel
foundation area of the former Wal-Mart Store, paved surface parking areas and three drives/curb-
cuts onto South Koeller Street.
Sub'ect Site
Existin Land Zlse ` 2onin
Vacant-Former Retail C-2/HWY 41
Ad'acent Land Use and Zonin
Existing Land Ilses` Zoning
Commercial-Retail, Service & Restaurant C-2 PD/HWY 41
North (across West 20th Street)
C-2 PD/HWY 41
South Commercial-Retail
Commercial-Retail, Service & Restaurant G2/HWY 41
East (across South Koeller Street)
...................................................................................................................................................................................................................................................................
Institutional & Light Industrial and Service M-3/HWY 41
West (across Highway 41)
'Com rehensive Plan Land Use Recommendation Land Use
10 Year Land Use Recommendation Commercial
20 Year Land Use Recommendation Commercial
ANALYSIS
Use and Zonin�
The proposed uses in the main building of the site are a retail membership only warehouse club
that includes general merchandising of retail goods; grocery with delicatessen, bakery, and dry
goods; pharmacy; tire and battery sales and service; potential financial institution; optical clinic;
photography studio and lab; and a cafe/restaurant component. Additionally, the site is proposed to
contain members' only automobile fuel sales at a separate location of the lot. A conditional use
permit is needed for the accessory automobile service in the principal building and the stand alone
fuel sales use but all other uses are permitted by-right within the C-2/Highway 41 Overlay District.
The proposed rezoning will not change the underlying G2 General Commercial District/Highway
41 zoning designation but will add the Planned Development Overlay District upon it so permitted
and conditional uses will not be affected. The Planned Development Overlay designation is
beneficial to the applicant/property owner as it allows the redevelopment of the site utilizing base
standard modifications that may provide relief from existing conditions affecting the lot including
a substandard setback, reduced lateral clearance, and the desire for a larger parking lot. The
Planned Development designation is beneficial to the City as it provides the ability to address
these nonconformities and grants City review and oversight of development plans to ensure
compliance with the City's development and planning policies through the regulation of standards
set forth in the Zoning Ordinance, Section 30-33 Planned Development Overlay District. The
Planned Development also permits the city the abiliry to require additional conditions or
limitations, such as enhanced architectural detailing and landscaping, to help mitigate the impact
of the base standard modification exceptions per Section 30-33(A)(4(a of the Zoning Ordinance.
General Site Desi�n
Physical redevelopment of the site includes demolition of the remaining 20,000 square feet of
commercial space and construction of a 136,000 square foot retail building (approximately 413
feet long by 325 feet wide) with an additiona13,800 square foot gas canopy (approximately 40 feet
long by 90 feet wide) covering 12 fueling stations, multiple stormwater management areas, a truck
loading area, parking lot, and two access drives to South Koeller Street. Placement of the primary
structure is proposed on the southwestern portion of the development site so that the main entrance
area faces the West 20th Avenue/South Koeller Street intersection; the automobile service area on
the northwest corner of the building; and the formal delivery/loading area on the south side of the
building. Parking is proposed to be located on the east side of the site fronting South Koeller and
ltem—2105 S Koeller-Sam's Rezone CUP PD 2
on the north fronting West 20th Avenue. The fuel station canopy and kiosk is located at the
southeast corner of the property proximate to South Koeller Street.
The building/fuel canopy footprints will occupy approximately 16.9% of the site, parking and
other impervious surface will occupy 59.8% and the remaining 20.6%will be stormwater
detention, open space and landscape areas. Proposed placement of improvements will require only
one dimensional base standard modification to the south side yard setback of the Highway 41
Overlay Zoning District as 10 feet is provided and 15 feet is required. This base standard
modification is justified in that the site is a redevelopment project and the landscaped island that
comprises the south side yard setback is preexisting, defines the internal southern drive lane, and is
being retained and incorporated in the redevelopment project.
Parking, Access and Circulation
The proposed 570 parking spaces, which includes 26 auxiliary stalls behind JC Penney (4 stalls per
1,000 square feet), exceeds the maximum Zoning Ordinance allowed stall count of 501 (3.33 stalls
per 1,000 square feet with 10% administrative increase) by 69 stalls, however parking has been
designed below the preferred parking ratio of Sam's Club corporate requirements (5 stalls per
1,000 square feet), which would dictate 683 stalls. The applicant has indicated in their application
that the increase in parking is appropriate for the site because the proposed development has
unique and unusual sales volumes, provides adequate pedestrian connectively, and that the general
area does not provide any on-street or shared parking possibility. Staff typically believes that the
over-construction of parking can have negative affect as the large amount of pavement can appear
to be a"sea of asphalt"but in this case supports the base standard modification for the parking
overage as the proposed redevelopment of the site will reduce the ratio of impervious surface to
green space that is present in its current condition. Additionally,the inclusion of generous
amounts of internal landscaped islands within the parking areas alleviates staff concerns regarding
the negative aspects associated with the larger pavement area.
A 5-bay loading dock and trash compactor is located on the south side of the building and will
provide delivery trucks with access that is generally separated from primary customer circulation
areas and also attempts to reduce its visibility by locating between the proposed building and the
existing Rogan Shoes building. Additionally, the loading area will be screened from Highway 41
with a screen wall and landscaping and screened from the South Koeller Street frontage by the
building itself. Staff is recommending a condition for final approval for materials and landscaping
for this screening wall prior to permit issuance.
Vehicular access to the development site is proposed to be provided by two access drives running
to South Koeller Street. The first drive is located approximately 250 feet from the West 20�'
Avenue and South Koeller Street intersection to align with the drive across the street and is
designed as a typica130 foot wide Class II entrance. The second drive is an existing drive located
on the southern portion of the South Koeller Street frontage directly across from the drive across
the street and is designed as a 36.5 foot wide Class III driveway consisting of two ingress lanes
and one egress lane. Both drives will be used as customer entrances but the southern driveway
will also act as the primary entrance for delivery traffic and fuel station customers as it provides a
considerable island separation from the main customer parking areas. The Access Control
Ordinance requirement of a 75 foot lateral clearance (from the property line to internal cross traffic
movements) is not met and a base standard modification is needed as 50 feet is proposed. Staff is
in support of this base standard modification because both drive entrances function as drive lanes
Item—2105 S Koel[er-Sam's Rezone CUP PD 3
without potential conflict for back-up movements from parking stalls,the separation distance from
the actual curb line is 70 feet due to a 20 foot wide terrace, and the three-lane design of the
southern driveway will help to alleviate potential stacking issues for which the lateral clearance
regulation is intended to prevent.
Internal circulation for vehicles is well defined with inclusion of landscape islands at site
entrances, parking row ends, and is used for separation of uses on the site such as the southern
drive aisle and the fuel sales area. The islands are depicted in multiple varieties with varying
widths, many of which far exceed code minimums providing for a higher standard of traffic flow
management and a greatly increased area far internal parking lot landscaping. Cross access
between the subject site and the site to the south is provided in the form of three internal drive
connections allowing the flow of vehicles between the commercial sites without the necessity to
access the public street.
Pedestrian access is proposed through inclusion of a sidewalk running from the building entrance
to South Koeller Street which is protected from vehicle travel lanes by its placement within
oversized landscaped islands. Staff feels the sensitivity placed upon pedestrian access is
commendable but suggests that it could be further improved by extending the walkways from the
main entrance area along the north and east facades of the building to provide increased safety and
comfort for pedestrians traveling from the farther parking areas and the automobile service area.
Other significant pedestrian circulation items on the site include a large customer loading area at
the building's entrance with striped loading zones, striped pedestrian"cuts" through landscape
islands, well placed handicapped parking near the pedestrian loading area, and a large number of
convenient cart corals.
Si n�age and Li hting
Signage for the site is proposed to consist of building wall mounted signage and ground signage.
Per Zoning Ordinance, wall signage would be allowed up to a maximum of 30% of the wall area
per fa�ade and ground signage would be permitted up to a m�imum amount of 1,600 sq. ft. of
area and a maximum height of 60 feet. Very modest sized wall signage containing the store name
and logo is proposed on the east South Koeller Street and the north West 20th Avenue facades as
well as on all four sides of the fuel canopy. Sizes of this signage have not been provided however
it appears to be far less than the 30% of wall area permitted. Two identification ground pylon
signs containing the store name and logo are proposed on the site, one located along the west
property line fronting Highway 41 (Sign A) and the second at the northeast corner of the lot near
the northern drive entrance (Sign B). Sign A is proposed to be 25 feet wide by 9 feet tall (225
square feet per side) with an overall height of 40 feet. Sign B is proposed to be 19.33 feet wide by
7 feet tall (135.33 square feet per side) with an overall height of 30 feet. Both signs meet code
requirements and total area equals 751 square feet of area which is 45% of that allowed by base
code. Placement of Sign B will need to be adjusted to meet the minimum 25 foot setback but there
appears to be ample room on the site to accommodate its relocation.
A site lighting plan has been submitted that includes 41 pole-mounted lights located throughout the
parking lot and at the parking lot perimeter with particular attention given to fixtures near the
building entrance. The poles are proposed to be 42 feet tall and include up to four fixtures. Pole
heights and fixtures meet code as proposed but light levels are not compliant with the Zoning
Ordinance at the property line as the lighting plan shows light trespass in excess of code on the
Item—2105 S Koeller-Sam's Rezone CUP PD 4
east property line near the vehicular entrance, which will require minor adjustment to comply with
code illumination limits.
Landscaping
Landscaping at the site is proposed to consist of shrub and tree plantings situated on all sides of the
site with the most substantial amounts of plantings located on the east and north �roperty lines
providing a softening of the parking lot and aesthetic enhancement to the West 20t Avenue and
South Koeller street frontages. Additionally, landscaping and a screen wall are being proposed
along the western lot line to block the loading dock and trash compactor from the Highway 41
view. Staff suggests additional or relocated landscaping be placed within this area to increase the
screening of the loading dock. The internal landscaped parking lot islands contain significant
amounts of trees and other vegetation that will act to break up the mass of hard surface associated
with the parking lot. The quantities of proposed trees and shrubs on the landscape plan exceed that
which is required by code with tree amounts at 135% of those required and shrubs at 143% of
those required. However, in reviewing the landscape plan, staff identified that the site's parking
lot are deficient four internal landscape islands, which are required when stall aisle lengths exceed
180 feet. These are located along the northernmost single-stall row, the easternmost single-stall
aisle and within two of the double-stall rows in the eastern parking lot. Additionally, staff noticed
that the island that functions as the south side yard setback has not received any plantings and
suggests that either additional or relocated landscaping be placed within this area to soften the
southern perimeter of the site.
Stormwater Mana ement
Stormwater management facilities are proposed to be a mix of existing dry ponds located within
the Highway 41 right-of-way, a new dry basin and biofiltration areas situated along the north lot
line fronting West 20th Avenue and linear biofiltration areas along the east property line fronting
South Koeller Street. The basin and biofiltration areas will contain inlets from the parking lot and
are proposed to be covered with native plants with minimal rip-rap at the stormwater intake and '
outfall locations. Formal stormwater management plans have been created and submitted for
review by the Engineering Department.
Buildin Desi�
The primary structure is designed as a flat roof building with a maximum height of approximately
29.3 feet. The petitioner indicates in their application that the design of the building will blend
aesthetically with the existing adjacent buildings and the exterior building materials consist of
predominately insulated pre-cast concrete wall panels with an exposed aggregate of earth tone
finish. A variation in color at the buildings base and as horizontal bands is included as the primary
design element on all fa�ade areas with exception of the customer entrance area at the northeast
corner of the building, which is enhanced with variation in roof heights,painted EIFS, aluminum
storefront window/door systems and a covered loading area supported by columns.
In reviewing the building elevations, staff is of the opinion that, with the exception of the color
variation, the building is lacking in architectural definition and has the dominant appearance of
extremely long relatively blank walls with little articulation, especially of a vertical nature.
Additionally, the level roof line reinforces the boxlike shape of the structure giving the appearance
of an upscale warehouse rather than a highly visible retail establishment at a gateway location
within the Highway 41 corridor. Staff believes the building design can be significantly enhanced
with the inclusion of vertical articulation, especially along the north and east facades as they face
ltem—2105 S Koel[er-Sam's Rezone CUP PD 5
West 20'�'Avenue and South Koeller Street but also,to a lesser extent on the west fa�ade, as it
faces and is highly visible to Highway 41. Other more minor items that can help to elevate the
appearance of the structure include wrapping the covered loading areas support columns to give
them depth and permanency as well as matching the garage door colors to the building fa�ade.
An internet search of other Sam's Club facilities supplied a design of a similar store in Peachtree
City, Georgia that includes column elements along all sides of the buildings long facades as well
as ornamental arched features on the primary front facades which drastically changes the
appearance of the building by breaking up the long expanse of walls and provides depth and
articulation to the flat wall planes. The varied roof line of this design also provides alteration in
the appearance of the buildings height and overall mass. Additionally, features such as the
columns at the entrance are designed with much more of a finished solid character. Staff is not
recommending that a mirror image of the Peachtree City's structure be created in Oshkosh but
rather of an example of the possibility of enhancing the appearance of this structure given its high
visibility location within the community and gateway corridor.
Staff recommends that the building design be enhanced on the north, east and west facades with
elements that provide vertical articulation and breaks in the wall plane as well as variation in the
appearance of the roof line. Additionally, we recommend that the covered loading areas support
columns be enhanced to have a more finished appearance.
RECOMMENDATION/CONDITIONS
A. Staff recommends approval of rezoning from G2/Highway 41 District to G2/Highway 41
with a Planned Development;
B. Staff recommends findings tl�at the proposed Conditional Use Permit for auto service and fuel
sales is consistent with Section 30-11(D) of the Zoning Ordinance; and
C. Staff recommends findings that the proposed Planned Development request is consistent with
Section 30-33 (A) of the Zoning Ordinance and be approved with the following conditions:
1) Base standard modification for the south side yard setback, as proposed.
2) Base standard modification to allow the parking stall count overage, as proposed.
3) Extend the walkways from the main entrance area along the north and east building
facades.
4) Base standard modification to allow reduced lateral clearance, as proposed.
5) Additional or relocated landscaping is placed at the southwestern corner of the lot to assist
in screening the loading dock and along the south lot line to soften the southern perimeter
of the site.
6) The building design be enhanced on the north, east and west facades with elements that
provide vertical articulation and breaks in the wall plane as well as variation in the
appearance of the roof line.
7) Covered loading areas support columns be enhanced to have a more finished appearance.
8) Approval by Planning Services staff of the screening wall materials and final landscaping
prior to issuance of a building permit.
The Plan Commission approved of the zone change and conditional use permit/planned
development as requested with conditions noted. The following is the Plan Commission's
discussion on this item.
Item—2105 S Koeller-Sam's Rezone CUP PD 6
Mr. Buck presented the item and reviewed the site and surrounding area as well as the zoning and
land use in said area. He discussed the development on the site currently and the proposed uses for
the site with this development. He explained that the accessory automotive service and fueling
station would require a conditional use permit however all other uses are permitted by-right. He
discussed the benefit of adding the Planned Development Overlay to this site and reviewed the site
plan far the development which will result in less impervious surface than currently exists. He
also discussed the base standard modification for the south side yard setback and reviewed the
parking lot layout which exceeds the limit by code but would be allowed with a base standard
modification which staff was in support of due to the decrease in impervious surface and the
generous amounts of internal landscaped islands. He discussed the traffic circulation patterns, the
loading dock area, and the vehicular access points which are proposed to be two drive accesses,
one a Class II driveway and one a Class III driveway. He also discussed the base standard
modification necessary for the reduced lateral clearance and the cross access easements necessary
for the south side of the site to allow traffic movements from one site to the other without
accessing the public roadway. He reviewed the pedestrian access and other amenities proposed for
this development including the signage which was less than code requirements allow for both the
wall signage and two pylon signs. He also reviewed the landscaping plans which the quantities
exceed code requirements however staff was recommending adding landscaping to the south
setback area and relocating some plantings on the site for screening purposes. He also discussed
the addition of several landscape islands due to the stall aisle lengths exceeding 180 feet. He
reviewed the storm water management plans including the location of the various detention areas
and stated that formal plans had already been submitted and were being reviewed by the
Department of Public Works. He reviewed renderings of the development as submitted as well as
revised site plans and building elevations which he compared to the original submission. The
revised plans addressed most of the features that staff was recommending enhancements to such as
additional pedestrian walkways, architectural features, and adjustments to the landscape plans to
make the building more aesthetically pleasing and improve functionality. He reviewed the revised
renderings including these additional features as well as the fueling station, the three actions
requested with this petition and the conditions recommended for this request. He noted that two of
the original conditions had been removed relating to the building design as those concerns had
been addressed with the revised plans. He also passed around exterior color samples and building
material samples for the Commission to review.
Mr. Hinz questioned if there was only going to be one main drive access to the north with the
secondary driveway to the south for access to the fueling station and loading dock, the reason that
it was only proposed to be a Class II driveway with two lanes rather than a Class III driveway with
three lanes.
Mr. Buck responded that it was what the petitioner had requested and that both driveways would
still provide access to the business.
Mr. Hinz then questioned how close to the intersection the northern driveway would be located.
Mr. Buck indicated that it would be about 300 feet which would meet code requirements.
Mr. Gray inquired how delivery trucks would access the loading dock area.
Item—2105 S Koeller-Sam's Rezone CUP PD 7
Mr. Buck displayed on the site plan the two accesses to the loading dock area which could be
achieved by utilizing the drive aisle behind the building or how a truck would utilize the driveway
to the south to maneuver to the loading dock area.
Mr. Gray then inquired where the fueling station was located.
Mr. Buck displayed on the site plan where the fueling station was depicted.
Mr. Gray also inquired if the Commission would need to approve the driveway size.
Mr. Buck responded negatively and stated that the driveway was 36 feet which was within code
requirements.
Mr. Thoms questioned if on the south side of the lot, it was intended to block off access to
Penney's and Rogan's from this site as the landscape islands in this location appeared to create a
barrier between the two developments.
Mr. Buck indicated that the landscape islands in this location already existed and there were three
access points between the two lots.
Mr. Thoms questioned if the additional landscape islands referenced in the staff report should be
added as a condition of approval.
Mr. Buck replied that it would not be necessary as these features are part of standard code
requirements.
Mr. Thoms then questioned why we would allow the pylon sign on W. 20t"Avenue and S. Koeller
Street as this was a planned development and he did not feel this sign was appropriate.
Mr. Buck responded that the proposed pylon signs were less in both height and area than code
requirements and base standard modifications were not being requested or necessary.
Mr. Thoms voiced his opinion that the pylon sign at this intersection was not necessary as the other
pylon sign would allow for visibility from Highway 41 and that the development would be obvious
to residents and that a monument sign at this location could be utilized instead.
Mr. Buck reiterated that the pylon sign proposed was not excessive in either height or area and was
allowed by code requirements.
Ms. Lohry commented that she was pleased with the landscaping proposed however she
questioned if we have a list of the trees to be planted as many developments plant trees to meet the
necessary quantities but that she felt were not large enough.
Mr. Buck indicated that there was a list of trees contained in the landscape plan and there were
also requirements built into the City's code. He reviewed the list of trees to be planted according
to the landscape plan which were a large variety of both species and size.
Item—2105 S Koeller-Sam's Rezone CUP PD 8
Ms. Propp voiced her concern with if access would be adequate with only one three-lane driveway
and the two-lane driveway to the north.
Mr. Buck responded that the petitioner had submitted a traffic study which supports the drive
accesses as proposed as the traffic counts should be less than what existed with the previous
Aviation Plaza use.
Ms. Propp inquired if customers would have to go through the fueling station to access the store if
utilizing the driveway to the south.
Mr. Buck responded negatively and displayed on the site plan the other drive lanes that would
access the business from that driveway without going through the fueling station area.
Mr. Thoms stated that he was not pleased with the final aesthetics for the building design and
questioned why they did not propose to construct something mare architecturally attractive.
Mr. Buck replied that the petitioner addressed staff's concerns with adding enhancements to the
building's fa�ade as well as enhancements to the support columns and adjusted the roof heights to
provide a variation of three to four heights and that the only real difference between this proposal
and the example provided from Peachtree City, Georgia, was the archway features.
Mr. Gray questioned if the storm water management plan had been approved yet and if it should
not be included as a condition of approval.
Mr. Buck indicated that the storm water management plans were still being reviewed and that it
was not necessary to add this as a condition as it was part of standard code requirements.
Deborah Tomczyk, Reinhart Boerner Van Deuren of Milwaukee, stated that this would be a site
that Sam's Club would purchase and own and operate and inquired if condition#4 relating to the
base standard modification for the reduced lateral clearance was still necessary.
Mr. Buck responded affirmatively and stated that the lateral clearance was still substandard
according to City code requirements.
Ms. Tomczyk stated that they had submitted revised plans that address most of the City staffls
concerns with landscaping, building design, lighting, and pedestrian access. She distributed copies
to the Commission of the revised plans for review and discussed some of the landscaping and other
features that had been revised to meet the requirements or enhancements recommended in the staff
report. She also discussed the pylon sign at the intersection of W. 20th Avenue and S. Koeller
Street as it was a necessary component for their development.
Luke Payne, civil engineer for Sam's Club, discussed the truck traffic for both Sam's Club and the
fueling station which will access the site from the southern driveway and explained how they will
have more than adequate space to maneuver to the loading docks from this area. He also discussed
the significant reduction of impervious surface on the site with this proposed development and the
extensive storm water management plans that will exceed the City's code requirements.
Item—2105 S Koeller-Sam's Rezone CUP PD 9
Ms. Tomczyk discussed the addition of pedestrian walkways and their location which was also a
recommendation by staff to address safety concerns for pedestrians traveling from the farther
parking areas or automobile service area. She also commented that they would be meeting with
the Westside Business Association next week to address any concerns they may have with this
development.
Mr. Hinz inquired if the two-lane driveway proposed for the north entrance was a concern the
petitioner felt should be addressed.
Mr. Payne explained their concept of the driveway entrance and how the layout of the parking lot
would allow for plenty of room for stacking and that the two-lane drive access was not a huge
issue. He further discussed the traffic flow and that a lot of their customers would access the site
from the southern driveway.
Ms. Propp commented that she was excited to see development on this vacant site and that she
appreciated the petitioner working with staff to address concerns and produce a development that
was adhering to all City code requirements as well as the willingness to enhance the development
with additional features recommended.
Mr. Thoms stated that he would support this request although he felt the aesthetics of the building
design were not as good as they could be; however he felt that the landscaping plans would assist
in enhancing the appearance of the site. He further stated that he appreciates the extra effort on the
part of the petitioner to provide all the necessary plans and the material samples far review and
that it was a good job by both staff and the petitioner in preparing and presenting this request.
Motion by Gray to approve the rezoning from C-2/Highway 41 District to C-2/Highway 41
District with a Planned Development overlay and to approve a conditional use
permit/planned development to allow the development of a retail/commercial development
with auto services at 2105 S. Koeller Street with the following revised conditions:
1) Base standard modification for the south side yard setback, as proposed.
2) Base standard modification to allow the parking stall count overage, as proposed.
3) Extend the walkways from the main entrance area along the north and east building
facades.
4) Base standard modification to allow reduced lateral clearance, as proposed.
S) Additional or relocated landscaping is placed at the southwestern corner of the lot to
assist in screening the loading dock and along the south lot line to soften the southern
perimeter of the site.
6) Approval by Planning Services staff of the screening wall materials and final
landscaping prior to issuance of a building permit.
7) Base standard modification to allow a 36 foot wide Class II driveway on the north
driveway on S. Koeller Street.
Seconded by Propp. Motion carried 7-0.
ltem—2105 S KoeUer-Sam's Rezone CUP PD IO
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� City of Oshkosh Planning Services
REZONING 215 Church Avenue PO Box 1130
O KOJ Oshkosh,WI 54903-Z130
o�mE w�� AP P LI CATIO N 920-Z36-5059
..- . . - . .
Property Address: Northeast corner of Highway 41 and Highway 44
Parcef Number: 1334222034 Existing Zone District C-2 with Nighway 41 Overlay
Lot Size Frontage:',497ft. Depth: �ao ft. Area.: 16•43Acres/Sq Ft
❑Rectangle �Irregular
Comprehensive Plan Future Land Use Map Designation commercial
current use of property vacant commercial
Proposed use of property �OmmerClal, Sam's Ciub
Proposed zone��strict G-2PD with Highway 41 Overlay
Legal Description (to be provided in digital form, MS Word format)
Will a Conditionai Use Permit be required? �Yes �No �Don't Know
� . . .
1, Appiicant
Identify the person or organization requesting the zone change: .
rvame Sam's Real Estate Business Trust Cell Phone
Organ.ization Sam's Real Estate Business Trust Business Phone 414-298-8331
Mailing Address 1000 N. WateC St., Ste 1700 Fax 414-298-8097
�;ty Milwaukee state W� Z;P 53202 E-Ma�1 dtomczyk@reinhartfaw.com
2. Appiicant tnterest
The app(icant must have a legal interest in the subject property:
�Pr:operty Owner aPurchaser by Opiion or Purchase Agreement
❑Purchaser by Land Contract ❑Lessee/Tenant
3. Property Qwner �Check here if Applicant is also Property Owner
Identify the person or organization that owns the subject property:
Name Masters �shkosh, LLC cell Phane
Organization Masters OshkoSh, L:LC Business Phone 262-224-0652
nna��i►,g Address 22 North Main Street Fax 262-673-0351
, � �;ty Hartford State W� zip s3o2' E-ma�t mshaftQconnect.net
Page 2 of 7
9/14/2011
�p��0`►�`
�
"� �� � � 1 � �
❑1.Need for Zone Change
Written description of why the zone change is needed,and how the proposed zone district wifi meet the
needs of the development.
❑2.Project Descrip#ion
Written description of the proposed site and/or building layout,building and structure design information,
floor plans,parking calculati.ons,current environmental conditions,and other pertinent information.
[�3.Site Plans,Bui(dirtg Elevations,Floor Plans,and LanrJscape Pians
!f Planned Development approval is being requested concurrently with the zone change request enclose
the site pians,building elevations,floor plans,and landscape pians required on the 5ite Plan Review Checiclist.
❑4..Conditional Use Permit Application(if necessary)
If applicable,inciude a completed Conditional Use Permit application with the zone change submittal.
❑5.Planned DevelopmentApplication(if necessary)
if applicable,include a completed Plahned Development Application with the zone change submittal.
•� . _ ..
The applicant must read the following statement�arefully arrd sign below:
TF�e undersigned requests that the City of Oshkosh review this application and related required documents
and site plans.The applicant further affirms and acknowledges the follo.wing:
[]That the applicant has a legal interest in the property described in this application.
�]That the answers and statements contained in.this application and enciosures are in all respects true and correct to
the best of his,her,or their knowledge.
❑That the approval of this application does not relieve the undersigned from compliance wfth all other provisions of
fhe Zoning Ordinance or other codes or statutes,and does not constitute the granting of a variance.
❑That the applicant will comply with any and all.conditions imposed in granting an.approval of this application.
❑If also the owner,the applicant grants the City of Oshkosh staff,Plan Commission,and Common Council the right to
aecess the subject property for the sole purpose of evaluating the application,
�„�.c�,..__ �or�-►ri�
ApplicantSignatu ey Lucas C. eayne, ximley xorn, r.9ent for Sam�s club Date
Applicant Signature Date
If the applicant is not the property owner,the property owner must read and sign below:
The undersigned affirms and acknowledges that he,she orthey are the owner(s)of the property described
in this application,and:
❑Is/are aw.are of the contents of this application and related enclosures.
❑Authorizes the applicant to submit this application and represent the undersigned in the matter of being reviewed
by the City of Oshkosh.
❑Grants the Ci.ty of Oshkosh staff,Plan Commission,and Common Council the right to access the subject property for
the sole purpose of evaluating the application.
�t�7�-`? _°-� .��l��.� !� � �L�
Property Owner Signature Date
Property Owner Signature Date
Page 3 of 7
9/14/2011
13
REZOlvING APPLICATION
FOR PROPOSED SAM'S CLUB
West 20th Avenue and South Koeller Street, Oshkosh, Wisconsin (Tax Key No.
1334222034)
1) Zonin�Change. Sam's Real Estate Business Trust ("Sam's Club")has contracted
to purchase the real property located at West 20th Avenue and South Koeller Street, Oshkosh,
Wisconsin, as legally described on the attached Exhibit A (the "Site"). Sam's Club is requesting
a rezoning from C-2 General Commercial District with the Highway 41 Qverlay to C-2 General
Commercial l�istrict, Planned Development, with the Highway 41 Overlay to accommodate the
development of the Club. All of the proposed uses at the Site are currently permitted in the C-2
General Commercial District either by right or with issuance of conditional use permits. The
Planned Development overlay will facilitate development of the Club including the proposed
filling station, tire and battery center, adequately sized parking lot to serve Sam's Club customers
and safe and efficient location of the loading dock.
2) Proiect Description. The Site consists of approximately 16.43 acres. The Site is
bounded by West 20th Avenue to the north, Highway 41 to the west, South Koeller Street to the
east and several commercial businesses to the south, including JC Penny and Rogan's Shoes.
Sam's Club proposes to remove the abandoned remnants of an old strip center
including an approximately 20,000 square foot vacant building and build a new 136,000 square
foot retail membership warehouse club with a members' only gas station on the Site (the "Club").
Approximately 30,600 square feet of the strip center building on the Site was previously ,
demolished. The Site is otherwise currently vacant. The proposed Club will provide Club
members a new Club shopping experience with Sam's Club latest store design, including many
environmentally sustainable features. The Site was previously developed as a Walmart store
with uses similar to the proposed Club.
Sam's Club intends to operate the proposed Club for general retail sales consistent
with other Clubs throughout the country. The Club will include several departments, such as
general merchandising(including apparel, appliances, electronics, office supplies, home
furnishings, books, auto supplies, etc.), grocery with deli, produce, bakery, liquor(subject to
issuance of necessary alcohol beverage licenses) and dry goods departments, a pharmacy and a
tire and battery department. No oil changes will occur on the Site. In addition, the Club may
include some or all of a bank or savings and loan, optical clinic, a photography studio and
processing lab, cafe, floral department and various other customer service components, as well as
customary accessory uses. Sam's Club intends to develop and operate a small members' only
filling station serviced by a manned kiosk. The filling station will not provide any services other
than dispensing gas; there will be no convenience store component.
3) Consistencv with the Citv's Comprehensive Plan includin�the Future Land Use
Map. The Future Land Use Map designates the Site as Commercial. The proposed
development furthers the following themes and objectives of the City's Comprehensive Plan
("Plan"):
20621137
f�-
- Page 48-49 of the Plan: Opporiunities for Redevelopment. An area for
redevelopment may include vacant big-box retail spaces or vacant shopping centers.
One example of this would be the Aviation Plaza, which is predominantly vacant at
this time.
- Page 55 of the Plan: Development Proposals. Encourage developments that are
contiguous with existing developed property.
- Page 60 of the Plan, Goal B: Avoid "leap frog" development patterns, which create
undeveloped land areas.
- Page 61 of the Plan, Goal C: Promote land use decisions that do not conflict with
adjoining properties.
The requested Planned Development overlay would facilitate development of the Site in
an integrated fashion, consistent with the Plan. The proposed development would utilize an area
that is currently underdeveloped and mostly vacant within the Aviation Plaza commercial center.
The Site is located adjacent to existing commercial and retail uses including Rogan's Shoes and
JC Penny. Additional neazby commercial and retail uses include those listed below. The
proposed development is located on property zoned C2 General Commercial District ("C2").
The adjacent property consisting of Rogan's Shoes and JC Penny is also zoned C2 with a
Planned Development overlay.
4) Public Facilities. The proposed development will be adequately served by
essential public facilities and services. Public water, sanitary, and storm services are available
within South Koeller Street. The Site is adequately served by sanitary and storm sewer; however
a water tank and fire pump may be required to provide additional fire protection for the Club.
Adequate highways and streets exist to serve the proposed development.
5) Financial and Economic Stability. The proposed development will result in a
significant increase in the ta�c base and property taxes paid for the Site. Similax Sam's Clubs in
Wisconsin are assessed at between $8,300,000 and$12,800,000. The 2013 assessed value of the
Site was $3,200,000. The proposed club will increase the value of the Site up to four times the
current assessment. The Club will hire approximately 150-175 employees. In addition, one goal
of the Plan is to attract commercial infill-development and businesses that are able to utilize
existing structures or sites, including vacant lots, that are currently served by utilities and
infrastructure. (Plan—Chapter 6, Economic.Development Element, page 117). The proposed
development will utilize a currently underdeveloped and mqstly vacant area within the Aviation
Plaza commercial center. A Walmart store previously occupied this Site.
6) Consistency with the Trend of Development in the Neighborhood. Existing
neighboring uses are commercial and are planned for continued commercial use. The Site is
located within Aviation Plaza, a commercial center which is currently anchored by Rogan's
Shoes and JC Penny. Nearby commercial uses include Target, Petco, Aldi, Payless Shoes, Sprint,
Car-X Tire and Auto, Heidi Music and several restaurants including Fazolis, Subway, Arby's,
Durango's Mexican restaurant and Hardees. The adjacent property consisting of Rogan's Shoes
and JC Penny is also currently zoned C2 with a Planned Development overlay. The proposed
2
20621137
�5
development will blend aesthetically with existing adjacent buildings, while incorporating
architectural upgrades. In addition, the proposed development will utilize a currently
underdeveloped and mostly vacant area within Aviation Plaza. A Walmart store previously
occupied this Site and provided retail sales and services very similax to those that will be
provided by the proposed Club.
3
20621137
��
� City of Oshkosh Application - susMiT To:
Dept,of Community De�-elopment
[� Planned Development Review �>>Church Ave.,P.O.Bo� 1130
Oshkosh;Wisconsin 54903-I 130
O.fHKO..,rH ❑ Conditional Use Pei-mit Review PHONE:(920)2;6-5059
ONTHE�WATER
�xPLEASE Tl'PC OR PRINT LISING BLACK I�K'*
APPLICANT INFORMATION
Petitioner: Sam' s Real Estate Business Trust Date: �
Petitioner'sAddress: 702 SW 8TH ST City: Bentonville State: AR Zip: 72716
Telephone#:(414)2 9 8-8 3 31 pa�; (414) 2 9 g-g p 9'7 Other Contact#or Email: dtomczyk�reinhart law.com
Status of Petitioner(Please Check): Ll Owner _Representative fl Tenant � Prospective Buyer
Petitioner's Signature(required):_ ��� Date: (O.q.1�{-
By. .rucas C. ayne, Kimley-HOrn, Agent for Sam�s Club
OWNER INFORMATION
Owner(s): Master's Oshkosh, LLC Date:
Owner(s)Address: 22 N. MAIN STREET C�ty. HARTFORD State: WI Zip: 3027
Telephoner:(262) 224 . 0652 Fax:(262) 673 .0351 O1herContact#orEmail: mshaftC�eonnect.net
Owne�ship Status(Please Check): _ Individual �Trust U Partnership i�Corporation � Limited liability company
� Property Owner Consent:(required)
By si�nature hereon, UWe acknowledge thatCity officials and/or employees may,in the peiformance oftheir functions,,enter upon the
property to inspect or gather other informaYion necessary to process this application. 1 also understand that all meeting dates are tentative
and may be postponed by the Plannin�Services Division for incomplete submissions or other administrative reasons.
Property-O�vner's Signature: ���Y ����n,/\ �� Date: � � ` � '
�'` � ��t 1�
SITE INFORMATION
Address/Location of Proposed Project: Northeast Corner of Hwy 41 & Hwy 44 ParcelNo. 1334222034
Ptoposed Project Type: Sam' s club
Cwrent Use of Property: VaCant Zoning: C-2
Land Uses Surrounding Site: North: commercial
South: commercial
East: commercial
West: US Highway 41
**Please note that a meeting notice will be mailed to all abutting property owners re;arding 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 1�'OY-REFUNDABLE
For more inforn�ation please the City's website at�vww.ci.oshkosh.�vi.usiCommunity_DevelopmentfPlannin�.htm
Staff�� `Date Rec'd IV C���(
��
PLANNED DEVELOPMENT OVERLAY
APPLICATION NARRATIVE
The proposed development provides the following advantages stated in Section 30-
33(A)(1)(b) of the City's Zoning Ordinance:
- (i) A design which reflects the City's development and planning policies for
nonresidential areas in which the district is to be located, as set forth in the City's
Comprehensive Plan("Plan").
o Page 48-49 of the Plan: Opportunities for Redevelopment. An area for
redevelopment may include vacant big-box retail spaces or vacant shopping
centers. One example of this would be the Aviation Plaza, which is
predominantly vacant at this time.
o Page 55 of.the Plan: Development Proposals. Encourage developments that
are contiguous with existing developed property.
o Page 60 of the Plan, Goal B: Avoid "leap frog" development patterns, which
create undeveloped land areas.
o Page 61 of the Plan,�Goal C: Promote land use decisions that do not conflict
with adj oining properties.
o The requested Planned D�evelopment overlay would facilitate development of
the site in an integrated fashion, consistent with the Plan. The proposed
development would utilize an area that is currently unclerdeveloped and
mostly vacant within the Aviation Plaza commercial center. The proposed
site is located adjacent to existing commercial and retail uses including
Rogan's Shoes and JC Penny. Additional nearby commercial and retail uses
include those listed below. The proposed development is located on property
zoned C2 General Commercial District("C2"). The adjacent property
consisting of Rogan's Shoes and JC Penny is also zoned C2 with a Planned
Development overlay.
- (iv) A design which promotes architectural compatibility between adjacent
structures.
o Please see (vi) below and the enclosed plans.
- (vi) A design which will positively contribute to the physical appearance and
functional arrangement of land uses and buildings in the area.
o The proposed development will blend aesthetically with existing adjacent
buildings, while incorporating architectural upgrades, In addition, the
proposed development will utilize a currently underdeveloped and mostly
vacant axea within Aviation Plaza. The building materials proposed for the
20621129
� �
club are similar to those at the adjacent JC Penny and Rogan's Shoes. The
building materials will eonsist of predominately insulated pre-cast concrete
� wall panels with an exposed aggregate earth tone finish. A vaziable in color in
the building base and stripe will be achieved by applying sealant over the
� exposed aggregate in those areas. The colors and hues of these materials have
� been selected to blend with existing material colors of buildings in the area.
To complement the primary building colors, transom glass and sliding glass
door and aluminum storefront systems and EIFS in the vestibule will be
painted colors similar to the base building. All exit doors will be painted to
match the adjacent exterior wall surface. Rooftop mechanical units, truck
dock and compactor will be screened from public view.
The proposed development is appropriate for the District consistent with Section 30-
33(A)(1)(c) of the City's Zoning Ordinance as follows:
- (iv) Large Commercial areas: which include shopping centers with a number of
occupancies and/or structures,together with outlots,.or locations encompassing
multiple centers or multiple large scale commercial developments.
o The proposed site is located within Aviation Plaza, a commercial center which
is currently anchored by Rogan's Shoes and JC Penny. Nearby commercial
uses include Target, Petco, Aldi, Payless Shoes, Sprint, Car-X Tire and Auto,
Heidi Music and several restaurants including Fazolis, Subway,Arby's,
Durango's Mexican restaurant and Hardees. The adjacent property consisting
of Rogan's Shoes and JC Penny is also currently zoned C2 with a Planned
Development overlay.
20621129 2
� �
SITE PLAN REVIEW APPLICATION
FOR PROPOSED SAM'S CLUB
West 20th Avenue and South Koeller Street, Qshkosh,Wisconsin (Taz Key No.
1334222p34)
Name of Project. Sam's Real Estate Business Trust("Sam's Club")has contracted to
purchase the real properry located at West 20th Avenue and South Koeller Sfireet, Qshkosh,
Wisconsin, as legally described on the attached Exhibit A (the "Site"). The Site consists of
approximately 16.43 acres. The Site is bounded by West 20th Avenue to the north, Highway 41
to the west, South Koeller Street to the east and several commercial businesses to the south,
includi.ng JC Penny and Rogan's Shoes.
Description of Proposed Development.
Proposed Use. Sam's Club proposes to remove the abandoned remnants of an old
strip center including an approximately 20,000 square foot vacant building and build a new
136,000 square foot retail membership warehouse club with a members' only gas station on the
. Site (the "Club"). Approximately 30,600 square feet of the strip center building on the Site was
previously demolished. The Site is otherwise currently vacant. The proposed Club will provide
Club members a new Club shopping experience with Sam's Club latest store design, including
many environmentally sustainable features. The Site was previously developed as a Walmart
store with uses similar to the proposed Club. �
� Activities. Sam's Club intends to operate the proposed Club for general retail sales
consistent with other Clubs throughout the country. The Club will include several departments,
such as general merchandising(including apparel, appliances, electronics, office supplies,home
furnishings, books, auto supplies, etc.), grocery with deli,produce, bakery, liquor(subject to
issuance of necessary alcohol beverage licenses) and dry goods departments, a pharmacy and a
tire and battery department. No oil changes will occur on the Site. In addition; the Club may
include some or all of a bank or savings and loan, optical clinic, a photography studio and
processing lab, cafe, floral department and various other customer service components, as well as
custpmary accessory uses. Sam's Club intends to develop and operate a small member's only
filling station serviced by a manned kiosk. The filling station will not provide any services other
than dispensing gas; there will be no convenience store component. All of the proposed uses are j
currently permitted in the C-2 General Commercial District("C-2 District") either by right or
with issuance of conditional use permits.
Automobile service facilities, including the proposed tire and battery
department and members' only filling station, are permitted in the C-2 District with approval of a
conditional use permit(Section 30-25(11). The proposed automobile service facilities uses meet
the following standards required for approval of conditional uses set forth in Zoning Ordi.nance
Section 30-11(D):
1) It will not have a negative effect upon the health, safety, and general
welfare of occupants of surrounding lands;
20621137
��
� 2) It will be designed, constructed, operated and maintained so as to be
harmonious, and be apprQpriate in appearance with the existing or
intended character of the general vicinity, and such a use will not change
the essential character of the same area;
3) It will not be hazardous or disturbing to existing or future neighboring
uses;
4) It will not be detrimental to property in the imxnediate vicinity or to the
community as a whole;
5) It will be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal and schools and the persons or agencies responsible for
the establishment of the proposed use shall be able to provide adequately
any such service; and
6) It will have vehicular approaches to the property which shall be designed
- as not to create an interference with traffic on surrounding public streets,
alleys, roads, or sidewalks.
The tire and battery center and proposed filling station are uses consistent
with the surrounding lands and uses. The Site is located within Aviation Plaza, a commercial
center, and adjacent to existing commercial and retail uses including Rogan's Shoes and JC �
Penny. Additional nearby commercial and retail uses include Target, Petco, Aldi, Payless Shoes,
Spri.nt, Car-X Tire and Auto, Heidi Music and several restaurants including Fazolis, Subway,
Arby's, Durango's Mexican restaurant and Hardees. The proposed development is located on
property zoned C-2 District. The adjacent property consisting of Rogan's Shoes and JC Penny is
also zoned C-2 District with a Planned Development overlay. As noted above, a Walmart store
previously occupied this Site and provided retail sales and services very similar to those that will
be provided by the proposed Club.
The proposed development will blend aesthetically with e�cisting adjacent
buildi.ngs, while incorporating architectural upgrades. The building materials proposed for the
Club are similar to the adjacent JC Penny and Rogan's Shoes. E�cisting neighboring uses are
commercial and aze planned for continued commercial use.
The proposed development will be adequately served by essential public
facilities and services. Public water, sanitary, and storm services axe available within South
Koeller Street. The Site is adequately served by sanitary and storm sewer; however a water tank
and fire pump may be required to provide additional fire protection for the Club. Adequate
highways and streets exist to serve the proposed development.
The proposed development will be accessed in a similar fashion to the
existing Aviation Plaza commercial center. To improve onsite circulation and minim;�.e
disruption to the traffic on South Koeller Street,the northerly access.point will be moved south
to provide greater separation from the intersection and to align with the Mobil driveway across
the street. In addition, the middle access point on South Koeller Street will be eliminated to
further reduce conflicts along the roadway.
2
20621137
�'
Hours of Qperation. Sam's Club is seeking approval for 24 hour operations;
however, Sam's Club customarily operates between the hours of 7:00 a.m. and lO:OQ p.m., seven
days a week. Notwithstanding the foregoing, a11 applicable sta.te and City of Oshkosh("City")
regulations as to hours shall be complied with, includi.ng a11 hour restrictions for liquor sales
pursuant to Wisconsin Statutes Chapter 125.
Job Creation. The Club will hire appro}cimately 150-175 employees.
Circulation, Parkin� and Loading. Vehicular access will be provided to and from
- the Site off of South Koeller Street, as shown on the enclosed site plan. Approximately four
parking spaces per 1,000 building square feet are planned at the Club consistent with the site
plan.
Parking lots in excess of 10% of the ma�mum allowed per the parking
requirements in the Zoning Ordinance (Section 30-36(F)(6)) aze permitted with the approval of a
conditional use permit. The proposed increase in the parking ratio is appropriate for the Site
consistent with the following factors that are considered in granting the pemut set forth in
Zoning Ordinance Section 30-36(F)(6):
1) The proposed development has unique or unusual characteristics (such as
high sales volume).
2) Pedestrian connectivity through the lot.
3) The need for additional parking cannot be reasonably met through
provision of on street or shared parking with adjacent or nearby uses.
In Sam's Club extensive experience,the proposed parking design and ratio is the
. optimal pazking ratio to adequately serve its customers and provide adequate parking for its
employees. Historically, the preferred parking ratio was even higher (5.0/1000 square feet)to
accommodate the peak demand on the highest shopping days (for example, Black Friday). No
on street parking is permitted in the vicinity that could accommodate parking near this Site.
A pedestrian connection is proposed through the parking lot in a protected
landscape island to the public right-of-way. The sidewalk provides a direct pedestrian
connection from the vestibule to the existing bus stop along South Koeller Street. Pedestrian
safety will be improved along South Koeller Street by eliminating an access point along South
Koeller Street,thus reducing the potential for pedestrian and vehicular conflict.
In addition, the proposed development will reduce the overall amount of
impervious surface that is on the Site. Currently, approximately 78% of the Site consists of
impervious surface area. After demolition of the 20,000 square foot vacant building on the Site
and development of the proposed Club, the Site will consist of approximately 62%impervious
surface area.
The requested parking ratio is comparable to the adjacent JC Penny and Rogan's
Shoes, which are also at approximately four parking spaces per 1,000 building square feet.
3
20621137
���
All loading activities will occur on-Site and out of public rights of way. As shown
on the site plan,the loading dock is proposed to be located on the west side of the Club, facing
Highway 41. The Highway 41 Corridor Overlay District notes that off-street loading areas may
not be located on the sides of buildings fronting onto Highway 41 or Koeller Street(Section 30-
34(D)(7)(a)). Given the proposed building configuration, it is not clear whether the loading dock
would be considered located at the side or back of the building. Regardless,the standards of
Section 30-34 (Highway 41 Conidor Overlay District)may be modified through a Planned
Development overlay(Section 30-34(D)). Given the layout of the Site,the proposed loading
dock orientation will provide the delivery trucks with the most accessible entry to the loading
dock while reducing visibility of the loading dock area to the maximum extent possible. As
proposed, the loading dock is located between the Club and the existing Rogan's Shoes, which
provides a substantial amount of screening from all directions. If the loading dock was located
in the front or rear of the Club, it would be completely exposed to either South Koeller Street or
Highway 41. In addition, any location other than the west side of the Club would cause conflicts
between the delivery trucks' access to the loading dock and customers' access to the Club. The
proposed location will promote a safe shopping environment.
In addition, the loading dock will be screened from Highway 41 with a masonry
screen wall and landscaping. Vehicles on Highway 41 travel at a high speed (65 mph speed
lunit) and,as shown on the enclosed perspectives, there is a very small view corridor from which
the loading dock can be seen from Highway 41. Because of this combination, the screen wall
and landscaping will suff'iciently screen the load"ing dock area from view.
Sustainability and Recycling. Sam's Club will implement multiple sustainability �
measures both in the construction and operation of the Club to maximize recycling and energy
conservation opportunities. This initiative includes utilizing daylight harvesting, LED lighting,
energy efficient HVAC, ozone friendly refrigerants, recycled water heating, low-mai.ntenance
floori.ng, non-PVC roofs, recycled steel and various recycling methods. Sam's Club is equipped
to recycle tires, auto batteries, cardboard, shipping palettes, single-use cameras, plastic waste
(i.e.,plastic shopping bags, garment bags, shrink wrap, bubble pack, etc.) and organic waste
from bakery and food services.
Li�hting. Sam's Club is proposing exterior lighting poles up to 42 feet in height
in order to minim;�e the number of poles necessary on the Site and to m�xim;�e safety. In
addition, Sam's Club will utilize LED light fixtures which provide more efficient lighting and
will direct the LED fixtures downward to minimi�e glare or spillover to adjoining properties.
The proposed lighting system will comply with the City Zoni.ng Ordinance which.requires that in
no instance shall the amount of illutni.nation attributable to exterior lighting, as measured at the
property line, exceed 0.50 footcandles above ambient lighting conditions on a cloudless night.
Schedule for Completion. Sam's Club intends to construct and open the Club in 2015,
subject to customary delays.
4
20621137
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FOND DU LAC WI 54936-0968 1700 W 20TH AVE OAK CREEK WI 53154-4347
OSHKOSH WI 54902-6157
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