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Home My WebLink About19. 17-459 AUGUST 22, 2017 SEPTEMBER 12, 2017 17-441 17-459 ORDINANCE FIRST READING SECOND READING (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ZONE CHANGE FROM I INSTITUTIONAL DISTRICT TO SMU-PD SUBURBAN MIXED USE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY FOR PROPERTY LOCATED AT 1860 WISCONSIN STREET INITIATED BY: OUR SAVIOR LUTHERAN CHURCH 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 1860 Wisconsin Street from I Institutional District to SMU-PD Suburban Mixed Use District with Planned Development Overlay. THE EAST 30 FEET OF THE WEST 200 FEET OF THE NORTH 250 FEET LYING SOUTH OF W GRUENWALD AVENUE AND EAST OF BLOCK 13 OF EICHSTADT SUBDIVISION, ALSO THE SOUTH 1/2 OF ADJACENT RIGHT-OF-WAY OF W. GRUENWALD AVENUE, ALL LOCATED IN THE SE 1/4 OF SECTION 11, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. AUGUST 22, 2017 SEPTEMBER 12, 2017 17-441 17-459 ORDINANCE FIRST READING SECOND READING CONT'D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #17-459 APPROVE ZONE CHANGE FROM I INSTITUTIONAL DISTRICT TO SMU-PD SUBURBAN MIXED USE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY FOR PROPERTY LOCATED AT 1860 WISCONSIN STREET on September 12, 2017. This ordinance changes the zoning at 1860 Wisconsin Street from I Industrial District to SMU-PD Suburban Mixed Use District with 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. The City of Oshkosh creates and maintains GIS maps and data for its axn use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These mapfsydatasets are provided for information purposes Doty and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided 'AS -IS' vrthout warranties of any kind and the City of Oshkosh assumes no Miity for use or misuse, Commission Site Plan Mop Temp!eleftn Commission 1 in = 0.02 rrli 1in=120ft Printing Date: 711412017 Prepared by: City of Oshkosh, Wi 0 Oshkosh user.katieh TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: August 17, 2017 RE: Approve Zone Change from I Institutional District to SMU-PD Suburban Mixed Use District with Planned Development Overlay for Property Located at 1860 Wisconsin Street (Plan Commission recommends approval) BACKGROUND The subject area for the zone change request consists of a 30 -foot by 250 -foot, 7,500 square foot strip of land along the east side of the Our Savior Lutheran Church property. The area is currently used as landscape area and the eastern edge of off-street parking area serving the church. The surrounding area consists of residential and commercial uses to the north, a fast food restaurant to the east, vacant land and a retail use to the south, and two-family uses to the west. The 10 and 20 Year Comprehensive Land Use Plans have the subject property slated for mixed institutional uses. ANALYSIS The petitioner is requesting a zone change from the existing I Institutional District to SMU-PD Suburban Mixed -Use District with a Planned Development Overlay for the purpose of allowing the church to sell a strip of land to McDonald's restaurant to the east. The restaurant intends to acquire the property to allow an expansion of their drive-through facility which will require approval of a planned development amendment as a separate action and the land will be conveyed to McDonald's via a certified survey map. The church will be eliminating a row of parking stalls along this property line and expanding their parking lot to the south and will still be in conformance with off street parking spaces. 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 planning policies. City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us FISCAL IMPACT Changing the zoning as requested will not require the expansion of city services as the site is already served by city services so there will be no fiscal impact. RECOMMENDATION The Plan Commission recommended approval of the zone change at its August 15, 2017 meeting. Respectfully Submitted, Darryn Burich Director of Planning Services Approved: cr eme f �- X, --4w Mark A. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us co 0 SITE - 351.19 450 41 93 IV 522 -Mijp,1)0 400 _MURI)OGK-AV 315 415 1 in 120 ft The City of Oshkosh creates wd maintains GIS maps and date for its wn use. They may show the approximate relative location of propeq boundaries and other feature from a varle� of sources. These map(sydalasels are provided for information purposes " and may not be suflicient or Pdnffng Date: 7/14/2017 appmAte fix leo, engineering, of surveying purposes. They are provided 'AS4S' v.0out Prepared by: City of Oshkosh, WI Oshkosh warraintles of any Wnd and the City of Oshkosh ammes no lab,'Ity for use or misuse, JAGIS�Plann!ngl Plan Commiss:on Sile Plan Mop Temp!aIoftn Gonidkslon Site Plan Map Temo.ale.rrM lIvr bt�-h M , ITEM: ZONE CHANGE FROM I INSTITUTIONAL DISTRICT TO SMU-PD SUBURBAN MIXED USE DISTRICT WITH PLANNED DEVELOPMENT OVERLAY FOR PROPERTY LOCATED AT 1860 WISCONSIN STREET Plan Commission meeting of August 1 and August 15, 2017 GENERAL INFORMATION This item was laid over at the August 1, 2017 Plan Commission meeting to allow representatives from Our Savior Lutheran Church and McDonald's to meet with city staff to go over issues raised at the meeting. Applicant: Kilian Management Services Property Owners: Our Savior Lutheran Church Actions Requested: The applicant requests a zone change from the existing I Institutional District to SMU-PD Suburban Mixed -Use District with a Planned Development Overlay for a portion of the property located at 1860 Wisconsin Street. 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 area for the zone change request consists of a 30 -foot by 250 -foot, 7,500 square foot strip of land along the east side of the Our Savior Church property. The area is currently used as landscape area and the eastern edge of off-street parking area serving the church. The surrounding area consists of residential and commercial uses to the north, a fast food restaurant to the east, vacant land and a retail use to the south, and two-family uses to the west. The 10 and 20 Year Comprehensive Land Use Plans have the subject property slated for mixed institutional uses. Subiect Site Existing Land Use Zoning Institutional (Our Savior Church) I Adjacent Land Use and Zoning Existing Uses Zoning North Residential & Commercial DR -6, SMU 7 SMU-PD ...... ............................................................................................................................ ................................................................................... _................................................................. .................. _._............................................................................................ _................................................................. South Vacant Land, Retail SMU ....................... ............................................................................................................................................................ __.............. _..................... _.................. _..................... ....................................................................................................................................................... _..__..................... East Restaurant (McDonald's) SMU-PD .................._..............................---...........__............_.—........----........—__................................:.__._.....__......._............_...._..---.. ... West Two -Family Residential DR -6 Comprehensive Plan Land Use Recommendation Land Use 10 Year & 20 Year Land Use Recommendation Institutional ANALYSIS The petitioner requests a zone change from the existing I Institutional District to SMU-PD Suburban Mixed -Use District with a Planned Development Overlay. The original purpose of the`rezoning request is to allow the church to sell a 30 -foot strip of land to McDonald's restaurant to the east. McDonalds approached church representatives about acquiring the land to allow for an expansion of McDonald's drive-through. McDonald's is proposing, as a separate action item on this agenda, General Development and Specific Implementation Plans as well as a Planned Development amendment for the drive-through project. The strip of land will be conveyed to McDonald's via a Certified Survey Map which can be approved administratively. Staff met with representatives from Our Savior Lutheran Church and McDonald's to determine the true extent of the land to be conveyed to McDonald's and potential impacts on the church property resulting from the conveyance. McDonald's proposed lot line will cut into the church parking lot eliminating a row of 18 parking stalls. Additional pavement will also need to be removed to meet the church's 7.5 -foot side yard setback requirement to keep the church in conformance. Staff evaluated the proposal and found the elimination of the stalls does not place the church in nonconformance with required off street parking spaces. After the pavement is removed, there will be an approximately 26 -foot drive aisle to serve parking stalls to the west. Also, the church is planning a parking lot expansion to the south to make up for the lost stalls and is hoping to have the work done concurrently with McDonald's project. Landscaping on the church's property east of the parking lot consists of several evergreen trees and a few shrubs. The proposed plan identifies 18 trees and two shrubs to be removed and six to remain just north of McDonald's dumpster enclosure. Staff evaluated the impact on the landscaping requirements for the church property and found the church was constructed in 1961 when parking lot landscaping was not required. At our meeting, church representatives indicated that they may replace some of the landscaping as part of their parking lot expansion project. Though the subject property is designated for institutional use by the Comprehensive Land Use Plan, staff is supportive of the rezone as the intent of the request is to combine this portion of the lot with the neighboring McDonalds property (1863 Jackson Street), which the Comprehensive Land Use Plan has designated for commercial use. According to the petitioner, the rezone and additional land is necessary to provide space required for the drive-through expansion. 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. Item - Zone Change 1860 Wisconsin Street RECOMMENDATION/CONDITIONS Staff recommends approval of the zone change from I Institutional District to SMU-PD Suburban Mixed -Use District with a Planned Development Overlay District (PD) as requested. The Plan Commission approved of the zone change as requested. The following is the Plan Commission's discussion on this item. Meetingof f August 1, 2017 Mr. Nau presented the item and explained that the zone change and the following item for the approval of a general development and specific implementation plan were related as the land proposed to be rezoned was to allow for the expansion of the drive-through facility for the McDonald's restaurant located on the adjacent site. He reviewed the site and surrounding area as well as the land use and zoning classifications in this area and discussed the reason for the zone change request which is to enable the applicant to combine the existing parcel with the portion of the parcel at 1860 Wisconsin Street to be acquired. He stated that the use was consistent with the Comprehensive Plan and the parcels would be combined administratively once the zone change was approved. Mr. Borsuk stated that he had concerns with the size of the parcel proposed for the zone change. Mr. Nau responded that there would be further explanation of the reason for the land acquisition and zone change as part of the next item on the agenda for the approval of the development plan. Mr. Borsuk requested that the next item on the agenda be presented prior to voting on the zone change request. Motion by Hinz to lay over the zone change for property located at 1860 Wisconsin Street and general development and specific implementation plan and planned development amendment for a drive-through expansion for property located at 1863 Jackson Street for two weeks. Seconded by Ford. Motion carried 6-0. Meeting of August 15, 2017 Mr. Nau presented the item and reviewed the site and surrounding area and discussed the concerns with the proposal raised at the last meeting regarding the land conveyance to McDonald's. He stated that after further discussions, the church would not be in nonconformance due to this conveyance of property and is in the process of a parking lot expansion to the south of their existing parking lot. He discussed the landscaping on the church property which would be removed and that it would not be necessary for the church to replace it as the church property was developed in 1961 prior to the current landscaping requirements. He further stated that the zone change request was consistent with the City's Comprehensive Plan. Item - Zone Change 1860 Wisconsin Street Mr. Borsuk commented on more intensive plantings required in the side yard setback as part of the planned development request and questioned who would be responsible for the landscaping installation. Mr. Nau responded that the responsibility for the landscaping requirements would fall on McDonald's and would be addressed as part of the following item. Mr. Thorns discussed that the church would now need to expand their parking lot in another location due to the loss of parking along this property line and questioned if this would trigger storm water management requirements at a later date and if it would be a burden on the church. Mr. Nau indicated that the church was planning on completing their parking lot project concurrent to the McDonald's project. Mr. Gohde stated that nothing was submitted at this time by the church, however based on preliminary discussions with their representatives; an addition to their parking lot should not exceed the 20,000 square feet threshold and therefore should not trigger additional storm water management requirements. Mr. Thorns questioned if the parking lot work was resurfacing or removal. Mr. Gohde responded that spot resurfacing was discussed at this point. Mr. Nau commented that the affected area appears to be 7500 square feet only and will be well under the threshold for storm water management requirements. Motion by Vajgrt to approve a zone change from I Institutional District to SMU-PD Suburban Mixed -Use District with a Planned Development Overlay for property located at 1860 Wisconsin Street. Seconded by Hinz. Motion carried 8-0. Item - Zone Change 1860 Wisconsin Street Property Address: 1860 Wisconsin St Parcel Number: 1218910000 Existing Zone District Lot Size Frontage: 260 ft. Depth: 420 ft. Area: 2.69 Acres/Sq ❑ Rectangle ® Irregular Ft Comprehensive Plan Future Land Use Map Designation Public & Institutional Current use of property Our Savior's Lutheran Church Proposed use of property McDonald's Proposed Zone District SMU-PD Legal Description (to be provided in digital format) Will a Conditional Use Permit be required ❑ Yes 0 No ❑ Don't Know Applicant information 1. Applicant Identify the person or organization requesting the Zone Change: Name Steve Kilian Jr Cell Phone 262-573-8155 Organization Kilian Management Services Business Phone 262-338-6111 Mailing Address 1722 Clarence Ct Fax City West Bend State WI Zip 53095 E -Mail steve.kilian.jr@partners.mcd.com 2. Applicant Interest The applicant must have a legal interest in the subject property: ❑Property Owner ❑ Purchaser by Option or Purchase Agreement ®Purchaser by Land Contract ❑ Lessee/Tenant 3. Property Owner ❑ Check here if Applicant is also Property Owner Identify the person or organization that owns the subject property: Name Cell Phone Organization Business Phone Mailing Address Fax City State - Zip E-mail Page 5 of 7 City of Oshkosh Planning Services 215 Church Avenue Po Box 1 130 cio%: REZONING Oshkosh APPLICATION Oshkosh, WI 54903-1130 920-236-5059 Property Address: 1860 Wisconsin St Parcel Number: 1218910000 Existing Zone District Lot Size Frontage: 260 ft. Depth: 420 ft. Area: 2.69 Acres/Sq ❑ Rectangle ® Irregular Ft Comprehensive Plan Future Land Use Map Designation Public & Institutional Current use of property Our Savior's Lutheran Church Proposed use of property McDonald's Proposed Zone District SMU-PD Legal Description (to be provided in digital format) Will a Conditional Use Permit be required ❑ Yes 0 No ❑ Don't Know Applicant information 1. Applicant Identify the person or organization requesting the Zone Change: Name Steve Kilian Jr Cell Phone 262-573-8155 Organization Kilian Management Services Business Phone 262-338-6111 Mailing Address 1722 Clarence Ct Fax City West Bend State WI Zip 53095 E -Mail steve.kilian.jr@partners.mcd.com 2. Applicant Interest The applicant must have a legal interest in the subject property: ❑Property Owner ❑ Purchaser by Option or Purchase Agreement ®Purchaser by Land Contract ❑ Lessee/Tenant 3. Property Owner ❑ Check here if Applicant is also Property Owner Identify the person or organization that owns the subject property: Name Cell Phone Organization Business Phone Mailing Address Fax City State - Zip E-mail Page 5 of 7 City of Oshkosh Planning Services REZONING 215 Church Avenue Po Box 1 130 c,iyw REVIEW STANDARDS Oshkosh, WI 54903-1130 Oshkosh 920-236-5059 The Plan Commission and the Common Council may consider whether the proposed Zone Change meets the following standards: standard #1 Comprehensive Plan/Zoning Ordinance A. Explain how the proposed Zone District designation is consistent with the purpose and intent of the City's Comprehensive Plan, includin the Future Land Use Map. We are rezoning a 30 wide strip of Ianadjacentto the McDonald's Planned Development. The use of the rest of the site and the existing zoning of the Church is staying the same, keeping everything consistent with the current land use map. Explain how the proposed Zone District will further the themes and objectives of the City's Comprehensive Plan, as well as any relevant adopted Area Redevelopment Plans. The 20 -year comprehensive plan plan shows this area as commercial. The rezoning of this sliver of land keeps us consistent with this plan. A. Describe how adequate public facilities already exist or will be provided at no additional public cost, and will safeguard the health, safety, morals and general welfare of the public. The existing city infrastructure won't be impacted by this project. It shall be noted by adding the second (double) drive-thru, it further reduces the chance of the existing McDonald's restaurant's drive-thru backing up onto the street. Explain how the proposed Zone District will not be detrimental to the financial stability and economic welfare of the city. Rezoning the piece of property in question increases the tax base of the city by changing the zoning from institutional to Planned Development that is taxable and supports the commercial restaurant. Standard #5 Other Describe how the proposed Zone District is consistent with the trend of development in the neighborhood, or the property to be re -zoned was improperly zoned or classified when the City's Zoning Ordinance was adopted or amended. By rezoning the 30' wide strip of land, we are keeping all the existing uses in the neighborhood intact and Is consistent with the neighborhood. We are rezoning the property to switch the single drive-thru to a double drive thru to both minimize the stacking of vehicle in the drive-thru as well as reduce the wait time of customers. Page 7 of 7 %'neering ishop June 27`h 2017 rig niaa Ymusua sfal Dm enrne" 3501 104th Street City of Oshkosh Du Moincs, Iowa 50322-3825 Phony. (S15u76-M7 Pu: (515)2764217 Dept of Community Development 215 Church Ave, PO Box 1130 Oshkosh, WI 54903 Re: McDonald's 1863 Jackson Street, Oshkosh, WI Project Narrative McDonald's Corporation is proposing improvements for the McDonald's restaurant located at 1863 Jackson Street. As part of the improvements, we are required to amend the existing SM U -PD Zoning for the site. Existing Condition: The following list of conditions are applicable to the site: • The existing site is 44,203 sf in size The existing site contains an existing 4,253 square foot Mcdonald's Restaurant, and approximately 34,760 sf of paved area and 5,190 sf of landscape area The existing site contains 57 parking stalls The existing site has a double —tandem drive-thru. Proposed Condition: The following list of conditions are applicable to the proposed improvements: • The proposal is to keep the existing McDonald's restaurant the same. • A 30' wide strip of land on the west side of the property currently owned by Our Savior's Lutheran Church will be acquired by McDonald's. • The proposed will contain 51,712 square feet, including approximately 47,460 sf of paved area and 8,747 sf of landscape area. • The 30' strip of land is going to be rezoned to SMU-PD to match the existing McDonald's zoning as part of a separate, but concurrent application to this one. • The current double, tandem drive-thru will be converted to a double, side-by-side drive-thru, increasing the capacity of the drive-thru and reducing queuing. • The site parking will be increased from 57 stalls to 63 stalls as part of the improvements. • The eastern 18 parking stalls of the church property will be removed as part of this project. The 18 stalls will be replaced by a separate project being done by the church that adds parking south of the existing church parking lot. • Extensive landscaping including trees and shrubs will be added buffering the McDonald's parking lot and drive-thru from the church parking lot. The following existing conditions apply to the McDonald's and are not anticipated to change with the construction of this project: • Truck delivery patterns will not change. • Employee count will stay the same. • Drive-thru traffic may increase slightly as the percentage of customers that drive -off or don't go to the store decreases with the reduced drive-thru queue. • Noise, hours of operation, glare, odor, fumes, vibration will not change as part of this project. 101 GDP/SIP/REZONE ARCHLAND PROPERTY I LLC BRUCE M/ROSEMARY SAMMONS 1860 WISCONSIN/1863 JACKSON PO BOX 3558 REV TRUST PC: 08-01-17 OSHKOSH WI 54903-3558 522 W MURDOCK AVEOSHKOSH WI 54901-2298 DENNIS/KARLENE LEATHERMAN 518 W GRUENWALD AVE OSHKOSH WI 54901-2235 J M JANSEN PROPERTIES LLC 3220 SHOREWOOD DR OSHKOSH WI 54901-1670 OUR SAVIOR EV LUTI-I CHURCH 1860 WISCONSIN ST OSHKOSH WI 54901-2275 SABR ENTERPRISES LLC 4830 RIVERMOOR RD OMRO WI 54963-9425 FAIR ACRES STATION LLC 11501 NORTHLAKE DR FL 1 CINCINNATI OH 45249-1618 JACOBSON AUTOMOTIVE HOLDINGS LLC 2430 KAITLYNN CT OSHKOSH WI 54901-0708 R & JD JACOBSON/NJ & DJ PASCARELLA 2430 KAITLYNN CT OSHKOSH WI 54901-0708 1821 JACKSON STREET LLC 601 OREGON ST OSHKOSH WI 54902-5965 FRANCHISE REALTY INT PO BOX 3558 OSHKOSH WI 54903-3558 JEFFREY L/TIERNEY CLAVETTE 600 W GRUENWALD AVE OSHKOSH WI 54901-2237 SAALSAA BROS REAL ESTATE LLC 7935 ALMOR DR VERONA WI 53593-8654 KILLIAN MANAGEMENT SERVICES 1722 CLARENCE CT WEST BEND WI 53095 0 The City of Oshkosh creates and mainta�,ns GIS maps and data for its own use. They may show the approbmate relative location of property, boundaries and other feature from a variety of sources. These map(sydatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided 'ASIS' without warranties of any kind and the City of Oshkosh assumes no Eablty for use or misuse. Pan Commiss:on Site Plan h+ap Teme!atetPfan Comm;ssion Site Pian Mao Teme!aie msd I in = 0.02 mi 1in=120ft Printing Date: 7/1412017 Prepared by: City of Oshkosh, WI sus Cly o. Oshkosh User ka[ieh 11 The City of Oshkosh aeates and maintans GIS maps and data for its own use. They may show the appropmate relative location of property, boundaries and other feature from a variety of sources. These map(sydatasets are provided for information purposes only and may not be suffident or appropriate for legal, engineering, or surveying purposes. They are proVded 'AS -IS' without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. Comm"ss:on Site Flan t: aD Term! ale.mxd 1in=0.07 mi 1 in =360 ft Printing Dale: 7114/2017 Prepared by: City of Oshkosh, Wi C' ii?r Ut Oshkosh User. Rareb H. x; =� r M. PE j S aix t RPM1?s�d t wit- 110 90 11, ��• ..:;.��' < '� .+.��r r� _wry,-, .r��,� r r � - £� �' g - t ✓t +�...LLL .,,,LJ r {(' ted- S j f :'� ki^ ' f !� ; �� ggt',�,�✓moi Y � ' SUBJECT SITE k ew _ e Y '4 -.^T - • 1, .� 4 �'- �� 1 �7 3, f ]