HomeMy WebLinkAbout23. 17-463 SEPTEMBER 12, 2017 17-463 RESOLUTION
CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE SPECIFIC IMPLEMENTATION PLAN FOR POTBELLY
RESTAURANT; 1126 SOUTH KOELLER STREET
INITIATED BY: OMNNI ASSOCIATES
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a general and specific implementation plan for the planned development
of a Potbelly restaurant at 1126 South Koeller Street, per the attached, is hereby approved
with the following conditions:
1. Provide updated cross access easement and parking agreements for Lots 1 & Lot
2 of the proposed Land Division/ Certified Survey Map.
2. Base Standard Modification to allow the existing off-premise advertising sign to
remain.
3. Should the off-premise advertising sign need to be replaced for any reason, it
will be relocated to be in compliance with the City of Oshkosh Zoning
Ordinances regulations for on premise signage.
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: September 7, 2017
RE: Approve Specific Implementation Plan for Potbelly Restaurant; 1126 South
Koeller Street (Plan Commission recommends approval)
BACKGROUND
1126 S. Koeller Street was previously the location of EZ Money Payday Loans, which was
demolished in early 2017 and subsequently construction of a new 2200 sq. ft. white box
commercial building began. The subject area is undergoing a proposed zone change from SMU
Suburban Mixed Use District to SMU Suburban Mixed Use District with a Planned
Development Overlay. The surrounding area has a wide range of commercial uses. The 10 and
20 Year Comprehensive Land Use Plan recommends commercial use for the subject site and
general area.
ANALYSIS
The applicant was previously approved during the site plan review process to construct a
Potbelly restaurant on the subject site and have since proposed a two -lot land division splitting
the existing parcel from the overall shopping center area. Lot 1 is proposed to include the
existing multi -tenant building and parking lot and Lot 2 would include the proposed
restaurant, existing monument sign for the shopping center and associated parking. The land
division would result in the existing monument sign becoming a non -permitted off -premise
sign and a base standard modification is being requested to allow the existing sign to remain
until it is removed. The site will continue to use the existing shared access to S. Koeller Street
with updated cross access easements and parking agreements. Signage, landscaping, building
elevations, and the refuse enclosures were reviewed and approved as part of the site plan
review process and meet zoning code requirements. Staff is recommending a condition that
the off -premise shopping center sign would need to be relocated to be in compliance with
zoning ordinance regulations if replaced or need to be reconstructed.
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
Actions proposed through approval of the SIP will not have any impact on the provision of
city services to the subject site as this is redevelopment of the site for similar sized
development that previously existed at the site. The SIP will likely result in additional
assessed value due to the construction of a new building and site improvements and through
creation of a separate land parcel from the overall shopping center site.
RECOMMENDATION
The Plan Commission recommended approval of the general development and specific
implementation plan at its August 15, 2017 meeting.
Re ectfully Submitted,
Dar n Burich
Director of Planning Services
Approved:
, , , r, —Z - �/- Ze ?4/ e� �
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
ITEM: GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN
AT 1126 S. KOELLER STREET FOR POTBELLY
Plan Commission meeting of August 15, 2017
GENERAL INFORMATION
Applicants: David Yurk, OMNNI Associates
Property Owner: Koeller One, LLC
Action(s) Requested:
The applicant requests approval of a General Development Plan and Specific Implementation
Plan for a Potbelly restaurant at 1126 S. Koeller Street.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Background Information:
1126 S. Koeller Street was previously the location of EZ Money Payday Loans, which was
demolished in early 2017. Subsequently the construction of a new 2200 sq. ft. white box
commercial building began. The subject area is undergoing a proposed zone change from SMU
Suburban Mixed Use District to SMU Suburban Mixed Use District with a Planned Development
Overlay. The surrounding area has a wide range of commercial uses. The 10 and 20 Year
Comprehensive Land Use Plan recommends commercial use for the subject site as well as the
adjacent area.
Subiect Site
Existing
Land Use
Zoning
Building
under construction
SMU-PD
Adjacent Land Use and Zoning
Existinff Land Uses Zoning
North
................_........_...._.....
Restaurant
SMU
South
_.............._.._...._.......-.
-............_...----.-.....-.....-- .._....._....__..............-----...-..............-...............----..._.............._-...._......_........
Restaurant
_....._....._....._........-._...—_..._..............__......._.....---.-...._...................
--- ....--.....__._....................... ... ............... _...
SMU
East
---..—_._....._
.......__._...................._....._._...._.........
Multi -tenant commercial building
_....._._......._..._._.............._....._.........__..._.........._.............-........__.....-..._.._.......-.................._.....------.-.......-........_..-.._........_.............-
_-..............--....__................_........_....__..
SMU
—..._.................----.........._......_.—._.._...._..........
West
S. Koeller Street & Interstate 41
SMU
Comprehensive Plan
Land Use Recommendation
Use Category
10 Year Land Use Recommendation
Commercial
20 Year Land Use Recommendation
Commercial
ANALYSIS
Use/Site Design
The applicants were previously approved to construct an approximate 2200 sq. ft. Potbelly
restaurant on the prior EZ Money Payday Loans site. Since that time the applicants have
proposed a two -lot land division, splitting the existing 9.096 acre parcel into two parcels. Lot 1
would include the existing multi -tenant building and parking lot, which would account for 8.517
acres or 93.6% of the existing area. Lot 2 would include the under construction Potbelly
restaurant, existing monument sign for the shopping center and associated parking. Lot 2 would
account for 0.579 acres or 6.4% of the existing site. In doing so, the existing multi -tenant
identification sign becomes an illegal off -premise sign for businesses located on proposed Lot 1
(Hobby Lobby, Staples, Duluth Trading Company).
The site previously went through the site plan review process and was conditionally approved in
March 2017. The proposal met the requirements of the Suburban Mixed Use district and was
approved. That approval did not include signage.
The proposed use is permitted use within the SMU Suburban Mixed -Use District and is consistent
with the commercial recommendation in the 10 and 20 -year Comprehensive Plan Land Use Maps.
Access/Puking
The site will continue to use the existing shared access to S. Koeller Street. The applicants will
need to provide updated cross access easements and parking agreements for Lot 1 and Lot 2.
Sigg_e
A detailed sign plan was submitted and previously approved. The plan includes illuminated wall
signs, awning signs and window signs. All on premise signage met the zoning requirements.
Landscaping
The landscaping plan was submitted and approved as part of the original site plan review
process in March 2017. The plan met all requirements for the proposed development.
Storm Water Management
The Department of Public Works reviewed the original March 2017 submittal and noted that in
accordance with City of Oshkosh Municipal Code Chapter 14, a final inspection with the
Department of Public Works is required to be scheduled, and "as -built" drawings and an as -built
certification by a Professional Engineer of the storm water BMP's are required to be submitted.
The Department of Public Works also noted that an Operation and Maintenance Agreement is
required for the proposed Storm Water Facilities onsite. The City will draft the agreement and
forward the document for signatures.
Building Elevations
The building elevations were reviewed and approved as part of the March 2017 site plan review
process. It was noted that Class I materials are approximately 60% of total elevation; Class H are
approximately 40% of total elevations.
Item —1126 S. KOELLER STREET GDP/SIP
Refuse Enclosure
The refuse enclosures were reviewed and approved as part of the March 2017 site plan review
process. They are located on east side of the site and meet the screening and landscaping
requirements.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends that Plan Commission make the following findings
based on the criteria established by Chapter 30-387 (C)(6):
(a) The proposed Planned Development project is consistent with the overall purpose and
intent of this Chapter.
(b) The proposed Planned Development project is consistent with the City's
Comprehensive Plan and other area plans. (It is the responsibility of the City to determine
such consistency.)
(c) The proposed Planned Development project would maintain the desired relationships
between land uses, land use densities and intensities, and land use impacts in the environs
of the subject site.
(d) Adequate public infrastructure is or will be available to accommodate the range of
uses being proposed for the Planned Development project, including but not limited to
public sewer and water and public roads.
(e) The proposed Planned Development project will incorporate appropriate and adequate
buffers and transitions between areas of different land uses and development
densities/intensities.
(f) The proposed Planned Development project design does not detract from areas of
natural beauty surrounding the site.
(g) The proposed architecture and character of the proposed Planned Development project
is compatible with adjacent/nearby development.
(h) The proposed Planned Development project will positively contribute to and not
detract from the physical appearance and functional arrangement of development in the
area.
(i) The proposed Planned Development project will produce significant benefits in terms
of environmental design and significant alternative approaches to addressing
development performance that relate to and more than compensate for any requested
exceptions/base standard modifications variation of any standard or regulation of this
Chapter.
(j) For Planned Development projects that are proposed to be developed in phases, the
applicant can provide a timeline for development and can demonstrate that the project
would be successful even if all phases were not or could not be completed.
Item —1126 S. WELLER STREET GDP/SIP 3
Staff recommends approval of the Planned Development for a General Development Plan and
Specific Implementation Plan, the findings listed above for a restaurant as proposed with
following conditions:
1. Provide updated cross access easement and parking agreements for Lots 1 & Lot 2 of the
proposed Land Division / Certified Survey Map.
2. Base Standard Modification to allow the existing off -premise advertising sign to remain.
3. Should the off -premise advertising sign need to be replaced for any reason, it will be
relocated to be in compliance with the City of Oshkosh Zoning Ordinances regulations for
on premise signage.
The Plan Commission approved of the general development plan and specific implementation
plan as requested with conditions noted. The following is the Plan Commission's discussion on
this item.
Mr. Lyons presented the item and reviewed the site and surrounding area and stated that the
focus of this request was the existing signage as the land division will result in the existing
monument sign for the shopping center being located on the property for the proposed restaurant
facility. The planned development overlay in the zone change request will permit the off premise
sign to remain in its current location as it is included as a base standard modification in the
planned development approval for the site. He reviewed the conditions recommended for the
land division request as well as the land use and zoning classifications in this area. He discussed
the zone change for the property to include the planned development overlay and the conditions
recommended for the zone change request. He stated that the project plans were reviewed for
zoning ordinance requirements prior to the land division request which initiated the need for the
zone change and planned development review due to the location of the shopping center sign.
He reviewed the submitted site and landscaping plans as well as the building elevations and
stated that the project meets all of the zoning requirement standards. He also reviewed the
conditions recommended for the planned development portion of the request.
Mr. Borsuk inquired if the planned development allowed for any modifications to the existing
sign.
Mr. Lyons responded that it would allow for changes to the tenant portions of the sign but the
condition that it be relocated would only apply if they decided to do wholesale changes to the
entire sign structure.
Mr. Borsuk also inquired if there would be new storm water requirements for the site.
Mr. Lyons indicated that documents still need to be submitted for approval and an Operation and
Maintenance agreement is also required regarding the storm water facilities on site.
Mr. Borsuk discussed the requirements that larger developments need to aggregate
improvements for storm water management issues and questioned if city staff would be
Item —1126 S. KOELLER STREET CDP/SIP
monitoring the amount of changes on the site to ensure that storm water management issues are
addressed if necessary.
Mr. Burich responded that the Department of Public Works maintains records on these issues and
would address this matter when the property reaches the threshold that requires storm water
management requirements.
Mr. Thorns questioned if the existing sign could have additions.
Mr. Lyons responded negatively and stated that the planned development would allow the sign
to remain as it currently exists as the sign is permitted and that the planned development could
be amended if major changes were initiated for the sign.
Mr. Thorns then asked to clarify that if the sign would be destroyed, it would have to be moved to
be code compliant.
Mr. Lyons confirmed this and stated that the sign would have to be relocated to the other lot to be
considered on -premise signage and code compliant.
Mr. Borsuk reiterated that the Department of Public Works needs to review the amount of land
changes for the site to ensure that the storm water management requirements are met when they
reach the threshold of improvements that would trigger complying with current code standards.
Commission members decided to vote -on all three items as one request via a voice vote. (8-0)
Motion by Hinz to approve a two -lot land division/certified survey map located on the east side of
S. Koeller Street and south of W. 911, Avenue with the following conditions:
1. Provide updated cross access easement and parking agreements for Lots 1 & Lot 2.
2. Show easements and improvements on Certified Survey Map.
3. Approval of zone change to SMU-PD.
4. Approval for a General Development Plan (GDP) and Specific Implementation Plan (SIP).
Motion by Hinz 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 1126 S.
Koeller Street with the following condition:
1. Should the off -premise advertising sign need to be replaced for any reason, it will be
relocated to be in compliance with the City of Oshkosh Zoning Ordinances regulations for
on premise signage.
Motion by Hinz to approve a general development and specific implementation plan for a Potbelly
restaurant for property located at 1126 S. Koeller Street with the following conditions:
Item —1126 S. KOELLER STREET GDP/SIP
1. Provide updated cross access easement and parking agreements for Lots 1 & Lot 2 of the proposed
Land Division / Certified Survey Map.
2. Base Standard Modification to allow the existing off -premise advertising sign to remain.
3. Should the off -premise advertising sign need to be replaced for any reason, it will be
relocated to be in compliance with the City of Oshkosh Zoning Ordinances regulations for
on premise signage.
Seconded by Vajgrt. Motion carried 8-0.
Item —1126 S. KOELLER STREET GDP/SIP
CA
Cilor
Oshkosh
APPLICANT INFORMATION
Petitioner:
City of Oshkosh Application
11 Planned Development Review
11 Conditional Use Permit Review
David A. Yurk
"PLEASE TYPE OR PRINT USING BLACK INK"
SUBMIT TO:
Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, Wisconsin 54903-1130
PHONE: (920) 236-5059
Date: 7-17-17
Petitioner's Address: 1 Systems Drive City: Appleton state: Wl Zip: 54914
Telephone #: ( 920) 830-6185 Fax: ( 920) 830-6100 Other Contact # or Email.. dave.yurk@omnni.com
Status of Petitioner (Please Check): 0 Owner XRepresentative D Tenant D Prospective Buyer
Petitioner's Signature (required):
OWNER INFORMATION
Owner(s):
Koeller One LLC
Owner(s) Address: 2248 Deming Way, Suite 200
Telephone #: ( 608)
832-2929
Fax: (
City:
Middleton
Date:
Date: 7-17-17
State: Wi Zip: 53562
Other Contact # or Email: aweis@liveseyco.com
Ownership Status (Please Check): D Individual is Trust €Partnership %Corporation
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter
upon the property to inspect or gather other information necessary to process this application. I also understand that all
meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other
administrative reasons, J-'
f
Property Owner's Signature a(1- J!mit . >G Date: _ -7 -17-1"1
SITE INFORMATION
Address/location of Proposed Project: 1126 South Koeller Street Parcel No. 1308490000
Proposed Project Type: Potbelly Restaurant
Current Use of Property: Commercial property Zoning: Current C2
Land Uses Surrounding Site:
North: Pizza Hut Restaurant
South: Taco Bell Restaurant
East: Commercial - Hobby Lobby, Staples, Dulth Trading Company
West: South Koeller Street
"Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
Y Application fees are due at time of submittal, Make check payable to City of Oshkosh.
Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE
For more information please the City's website at www,ci.oshkosh.wi,us/Community_Development/Planning.htm
Staff Date. Rec'd
Potbelly Restaurant
PD Application
Narrative:
The existing property is designed for commercial use and it will be a "Potbelly Restaurant".
There will be a new constructed building for the restaurant and the new parking lot for the new
restaurant will be to the north of the new building with existing parking to remain along the
south property line. With the cross access easement to the south side of the building, the
patrons to the restaurant will be parking on the north side of the building which will enhance
their safety. It will be a one floor building the parking lot will have 21 parking spaces in the
proposed Lot for the restaurant (Proposed Lot 2, of the Certified Survey Map). The proposed
parking lot will be approximately 11,500 square feet (0.264 acres). The building is
approximately 2200 square feet (0.051 acres) in size. There should be good access to the
surrounding properties and business and since the restaurant is replacing a previous
commercial business the proposed use fits in well with the existing retail businesses.
The restaurant hours of operation will be from 11:00 AM to 9:00 PM which means there should
be a lunch and dinner shifts. The use is for a restaurant so there should be no odor except the
smell of food (which should negligible). Should be no vibration, glare, fumes out of the
ordinary. This project and site plan has already been approved and this project is already
being constructed The PD overlay is required for the sign to remain on the proposed bot 2 of
the Certified Survey Map that has been submitted to the City for review.
Health, safety and general welfare of occupants of surrounding lands:
Prior to construction this parcel had a commercial business. The parcels had a building, parking
and a cross access easement for the commercial business to the east. The cross access
easement allows for ingress egress for those east businesses. The Potbelly Restaurant
development on this parcel will have a new building but the dynamics of the previous
development will not change. The parcel will have parking for its restaurant and the cross
access easement will remain.
Pedestrian and vehicular circulation and safety:
The previous commercial development in this parcel dynamics will not change. The parcel will
have parking for its restaurant and the current cross access easement will remain. The current
entrance from South Koeller Road for entrance to the parcel and the cross access easement will
remain. The footprint the new building is moving approximately 30` feet south with the
restaurant parking along the north side of the building, away from the cross access easement
and entrance from South Koeller which is on the south side of the building. This will increase
safety for the patrons of the restaurant.
Noise, air, water or other forms of environmental pollution:
Essentially the development consists of replacing a commercial business with a Potbelly
Restaurant. The lot will basically look the same with the same features and the same amount of
impervious surface on the parcel. Since there is no change from the previous commercial
development there are no change to any form of environmental pollution with this
development.
The demand for and availability of public services and facilities:
The development is not asking the city for any improvements on South Koeller Road or any of
the public utilities from the city. Drainage in the new parking lot for the restaurant detailed in
the approved site plan will go into the city storm facilities.
Character and future development of the area:
The enhanced architectural character of the building will bring a clean progressive look to the
neighborhood. The new building essentially replaces an older building that architecturally did
not fit in with the surrounding restaurants where this new building will. The added restaurant
will increase value to the city through the tax base.
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REZONE/GDP/SIP RESTAURANT
1126 S KOELLER ST
PC: 08-15-17
K F INVESTMENTS LLC
12720 PAWNEE LN
LEAWOOD KS 66209-1627
1120 KOELLER OSH LLC/PETER
FREDERIKSEN
691 S GREEN BAY RD #208
NEENAH WI 54956-3153
KOELLER ONE LLC 1028 N 14TH STREET SHEBOYGAN LLC OMNNI ASSOCIATES
2248 DEMING WAY # 200 691 S GREEN BAY RD #208 ATTN DAVID YURK
MIDDLETON WI 53562-5509 NEENAH WI 54956-3153 1 SYSTEMS DRIVE
APPLETON WI 54914
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appropriate for legal, engineering, or surveying purposes. They are provided °AS•IS' without
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