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Home My WebLink About22. 17-84FEBRUARY 28, 2017 17-84 ORDINANCE FIRST READING (CARRIED PURPOSE INITIATED BY LOST LAID OVER WITHDRAWN ) APPROVE REZONING 900 NORTH KOELLER STREET FROM SMU SUBURBAN MIXED USE DISTRICT TO SMU-PD SUBURBAN MIXED USE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY 900 NORTH KOELLER STREET, LLC PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-32 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 30-32 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 located at 900 North Koeller Street from SMU Suburban Mixed Use District to SMU-PD Suburban Mixed Use District with Planned Development Overlay. COMMENCING AT THE WEST QUARTER CORNER SECTION 15-18-16; THENCE S 04013' E, 1341 FEET; THENCE S 89028' E, 66.2 FEET; THENCE S 03058' E, 30.09 FEET TO POINT OF BEGINNING; THENCE S 89028' E, 719.9 FEET; THENCE S 00002' E, 557.7 FEET; THENCE S 71058'W 16TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. PLUS PUBLIC RIGHT OF WAY ADJACENT TO SAID LOT EXTENDING TO THE CENTERLINE OF NORTH KOELLER STREET AND ROBIN AVENUE. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. FEBRUARY 28, 2017 17-84 ORDINANCE FIRST READING CONT'D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #17-xxx APPROVE REZONING 900 NORTH KOELLER STREET FROM SMU SUBURBAN MIXED USE DISTRICT TO SMU-PD SUBURBAN MIXED USE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY on March 14, 2017. This ordinance changes the zoning at 900 North Koeller Street from SMU to SMU- PD Suburban Mixed Use Planned Development. Overlay 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 www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: February 23, 2017 RE: Approve Rezone 900 North Koeller Street Change from SMU Suburban Mixed Use District to SMU-PD Suburban Mixed -Use District with Planned Development Overlay (Plan Commission recommends approval) BACKGROUND The subject property is a single 10.76 acre commercial parcel located at 900 N. Koeller Street. The subject property currently contains a vacant commercial building, approximately 110,000 square feet in size. Prior land uses on the subject site included the former K -Mart and Sears Grand retail establishments. The surrounding area consists of multiple -family residential and institutional uses to the north, multiple -family residential to the east, multiple -family residential and commercial to the south, and public right-of-way and Interstate 41 to the west. The 10 and 20 Year Comprehensive Land Use Plans have the subject property slated for commercial use. ANALYSIS The petitioner is requesting a zone change from the existing SMU Suburban Mixed -Use District to SMU-PD Suburban Mixed -Use District with inclusion of a Planned Development Overlay. The purpose of the rezoning request is to allow the existing site to be redeveloped and expanded without the need for individual variances associated with incremental development that is being proposed as a separate action. The rezoning request is consistent with the City's Comprehensive Plan land use recommendation and is beneficial to the petitioner as it provides flexibility needed to allow for expansion and alterations of the subject site by the utilization of base standard modifications that provide relief from conditions affecting the use of multiple lots. The Planned Development designation is also beneficial to the community as it provides the ability to address items that do not meet code dimensional standards and grants public review and oversight of development plans to ensure compliance with development and planning policies. FISCAL IMPACT There is no fiscal impact incurred to the city by adding the proposed zoning to the subject property. Conversely, the city may benefit in terms of tax base by helping to make the subject property easier to redevelop. RECOMMENDATION The Plan Commission recommended approval of a zone change at its February 21, 2017 meeting. Res tfully Submitted, G� Darryn Burich Director of Planning Services Approved: Mark A. Rohloff City Manager City Hall • 215 Church Avenue • P.O. Box 1130 • Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us ITEM: ZONE CHANGE FROM SMU SUBURBAN MIXED-USE DISTRICT TO SMU-PD SUBURBAN MIXED-USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY FOR PROPERTY LOCATED AT 900 N. KOELLER STREET Plan Commission meeting of February 7, 2017 GENERAL INFORMATION Applicant: General Capital Acquisitions, LLC Property Owner: 900 N. Koeller Street, LLC Actions Requested: The petitioner requests a zone change -from the existing SMU Suburban Mixed -Use District to SMU-PD Suburban Mixed -Use District with inclusion of the Planned Development Overlay District (PD). 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. Property Location and Type: The subject property is a single 10.76 acre commercial parcel located at 900 N. Koeller Street. The subject property currently contains a vacant commercial building, approximately 110,000 square feet in size. Prior land uses on the subject site included the former K -Mart and Sears Grand retail establishments. The surrounding area consists of multiple -family residential and institutional uses to the north, multiple -family residential to the east, multiple -family residential and commercial to the south, and public right-of-way and Interstate 41 to the west. The 10 and 20 Year Comprehensive Land Use Plans have the subject property slated for commercial use. Subject Site Existing Land Use Zoning Vacant Commercial SMU Adjacent Land Use and Zoning Existin Uses Zoning North_ Residential & Institutional Multiple -Family .. _........ MR -20 and I -PD South .... Commercial and Multiple -Family Residential -._.. _................ _.............. ...--._..-..-_....---._.....-....... _......... - ...................... - SMU and MR -20 _ East _ ....... — Multiple Family Residential _ ......... __ — MR 20 West .._... Public Right-of-Way/Interstate 41 _......... _.._......... .......... _.. _........ ...... 1 SMU Comprehensive Plan Land Use Recommendation Land Use 10 Year & 20 Year Land Use Recommendation Commercial ANALYSIS The petitioner requests a zone change from the existing SMU Suburban Mixed -Use District to SMU- PD Suburban Mixed -Use District with inclusion of a Planned Development Overlay (PD). The purpose of the rezoning request is to allow the existing site to be redeveloped and expanded without the need for variances associated with incremental development that is being proposed as a separate action item on this agenda. The PD designation will afford a mechanism to further develop the subject property to include redevelopment of the existing commercial building for high quality, climate controlled storage and office space, new standalone storage buildings, three additional commercial lots intended to be developed with a mix of service and/or restaurant uses, alterations to vehicle and pedestrian access, and redeveloped parking facilities. The rezoning request is consistent with the Comprehensive Plans commercial land use recommendation. The Planned Development designation is beneficial to the petitioner as it provides flexibility needed to allow for expansion and alterations of the subject property by the utilization of base standard modifications that provide relief from conditions affecting the use of multiple lots such as setbacks from the right-of-way, internal lot line setbacks/interconnections and multiple drives/curb-cuts/parking areas. The Planned Development designation is beneficial to the community as it provides the ability to address items that do not meet code dimensional standards and grants public review and oversight of development plans to ensure compliance with development and planning policies. RECOMMENDATION/CONDITIONS Staff recommends approval of the zone change from the SMU Suburban Mixed -Use District to SMU-PD Suburban Mixed -Use District with inclusion of the Planned Development Overlay District (PD) as requested. The Plan Commission approved of the zone change at 900 N. Koeller as requested. The following is the Plan Commissions discussion on this item. Mr. Burich discussed the changes to the Zoning Ordinance that became effective January 1st that now stipulates that the public hearing for zone changes will be held at the Plan Commission level instead of before the Common Council as was done previously. Mr. Bowen arrived at 4:02 pm. Ms. Williams presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. She discussed the purpose for the zone change request and the benefits of the planned development overlay and that the zoning designation was consistent with the City's Comprehensive Plan. Item: Zone Change 900 N. Koeller St Motion by Nollenberger to approve a zone change from SMU Suburban Mixed -Use District to SMU-PD Suburban Mixed -Use District with a Planned Development Overlay for property located at 900 N. Koeller Street. Seconded by Borsuk. Motion carried 8-0. Item: Zone Change 900 N. Koeller St City of Oshkosh Application SUBMITTO: Dept. of Community Development Glof Rezoning 215 Church Ave., P.O. Box 1130 Oshkosh Oshkosh, Wisconsin 54903-1130 PHONE: (920) 236-5059 "PLEASE TYPE OR PRINT USING BLACK INK" APPLICANT INFORMATION � ff !b Petitioner Petitioner's Address: Gl93j� N• '16-A b . WWM. eikkIly: f&g Pyr 14f- State: w( Zip,, Telephone #:['004 27.0')PO Fax:( -ill '00 ",S'Ma, Other Contact # or Emall:1*4 vott�i�pt4� Status of Petitioner (Please Check): o Owner o Representative ❑ Tenant Prospective Buyer Petitioner's Signature (required): Date: OWNER INPORMATION Owner(s): .9d0 d4)y Y ('t 2 11uelr , %u Date: l IIc�',1!�� Owner(s) Address: Z3U U(.t 0 SILrOe�' Clty: OXK'0 f1 State: Wt Zlp: 0=7 Telephone #; { ) Fax: ( ) Other Contact # or Emall: at'44a 11l>L�@�sA�tvt~P+; Cdr` Ownership Status {Please Check); _ o individual a Trust Xpartnership ocorporatlon 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 Pla ping Services Division for Incomplete submissions or other administrative reasons. Property Owner's Signature: Date:'Miz, ZONING AND DEVELOPMENT INFORMATION Address/Location of Rezoning Request: gee Mw k V -0,a der 5f Tax Parcel Number{s): I A0 04'6 0 to) Rezone property from: Purpose for to 171akw& Ady,2t e - iO4 �G'tJf) Paved- Describe at ed -Describe existing properly development and land use; V*fi,� !atom. 001441& C&NI WIAalkle 60k Describe proposed development and/or proposed land use: d'edeyeW"yB ' 6 6 eKryd h12 01 t't ,0 CGay1140W Proposed time schedule for development and/or use of the.property. Zoning Adjacent to the Site: 'North: C" Z am " x r South:. East; . PZy 7 West: IC— Z Staff -0-4 Date Rev'd 01 4 a. 900 North Koeller Rezoning Application General Capital 6938 N. Santa Monica Blvd. Fox Point, WI 53217 Project Overview General Capital proposes to redevelop the former K -mart property at 900 N. Koeller Street into a four lot commercial development..- Given the unique layout of the proposed commercial -lots and the concept of shared stormwater management, City Staff recommended rezoning from C-2 to Planned Development District. The proposed rezoning would accommodate the proposed master plan and permit full utilization of the property. The proposed development contains four lots. While General Capital envisions being the master developer of the site, the commercial lots can be developed individually. A summary of the proposed development: The former K -mart building will be redeveloped into high quality, climate controlled storage and office space for Prime Storage, a privately owned company from Saratoga Springs, NY. This lot will be developed in two phases: the first phase will include redevelopment of the existing buildng (including demolition of one structural bay on the south side of the buidling to remove it from the flood way): The first phase will contain approximatey 92,000 square feet. The second phase will include building additional non -climate controlled structures on the west side of the building. The second phase structrures will be designed to include archtiectural elements at the most visible ends of the buildings. The intent is to fully screen the second phase storage buildings from the commercial outlots to the west. This will be done with a combination of hard fencing and laridscaping. The screening and gates will be installed in the first phase of the project. This lot contains approximately 6 acres. • Three commercial outlots will line the west side of the propoerty along Koeller Street. These outlots will be self contained for parking purposes and will contain cross easements to share curb cuts and allow for logical flow of traffic between properties. The northern -most outlot is envisioned to contain a multi -tenant buildng of approximately 12,000 square feet on two acres. The property lays out to accomrrtodate an end -cap restaurant with a drive through. The remaining outlots are envisioned to contain stand alone users, be it restaurants, individual commercial and/or office tenants (e.g. a stand along dental office). Each outlot will contain a monument sign at the entry. See the attached "architectural imagery" to see the general concepts for these buildlings. Each building will come through the City's site plan approval process for detailed approval. The entire development will share a large-scale sign tower on the south end of the property. This sign will include four sign panels, with Prime Storage as the primary tenant panel. The sign M will not exceed 60' tall and will comply with City of Oshkosh requirements. See A2.2(3) for a concept drawing of the shared development sign. The development will share a storm water management system that will include a combination of bio-swales and a stom water basin located on the south side of f &A -matt building. These areas have been approximated for design purposes and will be more specifically designed as the proposal moves through detailed site plan review. We anticipate submitting a Certified Survey Map or a condominum plat to subdivide the property. The method of subdivision will depend on how utilities can be run to the individual lots. See SP 1.2 for the conceptual lot split and proposed easements. A final note about flood plain on the property. Currently, a portion of the property is in the 100 -year flood plain. In addition, a portion of the property is in the Flood Way. It is our understanding after meeting with City Staff that improvements to Sawyer Creek will allow the existing flood plain to be re - mapped, potentially removing this property from the flood plain. We propose to develop the property in phases in anticipation that the City will be able to re -map the flood plain. Only those elements of the plan that lie -outside the flood way will be developed in the first phase. The K -mart building will be flood proofed as required by code to allow occupancy while still located in the flood plain. We will work with the City to re -map the flood plain as necessary to accommodate the full redevelopment of the property. 5 PD/REZONE CHARLES A/MARILYN J PERRY 900 N KOELLER ST LIVING TRUST PC: 02-21-17 1360 GREENWAY TER ELM GROVE WI 53122-1607 FATHER CARR'S PLACE 2 B LTD HILL PROPERTIES LLC 1062 N KOELLER ST 923 S MAIN ST STE E OSHKOSH WI 54902-3245 OSHKOSH WI 54902-6017 GENERAL CAPITAL TOWN OF ALGOMA ACQUISITIONS LLC 15 N OAKWOOD RD 6938 N SANTA MONICA BLVD OSHKOSH WI 54904 FOX POINT WI 53217 900 NORTH KOELLER LLC 230 OHIO ST 200 - OSHKOSH WI 54902-5825 VICTORJELIZABETH CORTEZ 350 N COUNTRY IN FOND DU LAC WI 54935-9744 A+ W9 WE ��ieieeeeee� ==�� o�e�e�e�e�ee��ede�e�e� _-_-- - eieieeeieie�eee�� - - �UBJECTaieieeeeeeeeeee 41 nA; The CIVof Oshkosh creates and maintains GIS mapsd•.. for its• tu • i 9( Printingapprommate relative location of property, boundaries and other fea re from a variety �. 1 These map(s)/datasets are provided for information purposes only and may not be su or appropriatelegal,engineering, • •• - provided withoutPrepared by: ofOshkosh,