HomeMy WebLinkAbout22. 18-593 DECEMBER 11, 2018 18-593 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE SPECIFIC IMPLEMENTATION PLAN FOR A
COMMERCIAL OFFICE; 1755 WEST 71H AVENUE
INITIATED BY: JOHN DAVIDS
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, the Plan Commission finds that the General Development Plan and
Specific Implementation Plan for the proposed planned development of a commercial
office at 1755 W. Th Avenue, is consistent with the criteria established in Section 30-387(6)
of the Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a General Development Plan and Specific Implementation Plan for the
planned development of a commercial office at 1755 W. Th Avenue, per the attached, is
hereby approved with the following conditions:
1. Those adult uses as described in Section 30-59(D) shall be prohibited as permitted
uses.
2. Base standard modification to allow a 55' tall pylon sign. This shall apply to only
this request and any future changes to the sign shall require the sign to be brought
into compliance with current ordinance requirements.
3. Base standard modification to allow a 128.1 sq. ft. pylon sign.
4. All signage shall be removed from the south building fagade.
5. Pylon and west wall signs shall be blockout style with only the letters being
internally illuminated.
6. Applicant shall provide an additional 30 points of paved area landscaping along
the southern edge of the parking lot.
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: December 5, 2018
RE: Approve Specific Implementation Plan for a Commercial Office; 1755 West 7th
Avenue (Plan Commission Recommends Approval)
BACKGROUND
The subject area is currently zoned Suburban Mixed Use (SMU) and consists of one parcel
encompassing approximately 0.37 acres, located on the south side of W. 7th Avenue and east
of S. Koeller Street. The subject property consists of a single story approximately 1300 sq. ft.
vacant building. The site was formerly AE Jewelers. The surrounding area primarily consists
of commercial uses, but does have a single family subdivision to the northeast. The 2040
Comprehensive Land Use Plan recommends interstate commercial use for the subject area.
The applicant previously sought a variance for the property on August 8, 2018 related to overall
sign height. The existing AE Jewelers sign is approximately 60' in total height. The applicant
sought a variance from the Board of Appeals to replace the existing legal nonconforming
diamond shaped cabinet with a new rectangular cabinet. The variance was denied because the
Board found the hardship to be self-created. Further, it was the Board's opinion that the other
options were available to the petitioner to potentially get the larger sign. One of those options
identified was to seek a zoning change to include a Plan Development Overlay and approval of
the associated planned development. The applicant in now requesting both the zone change
and approval of a General Development Plan and Specific Implementation Plan.
ANALYSIS
The petitioner is proposing to use the existing vacant commercial building as their commercial
office building. In doing so, the applicant is requesting to reuse the existing pylon sign pole and
replace the existing diamond shaped cabinet with a new rectangular cabinet. The existing sign
is approximately 60' in total height. The applicant is proposing to lower it to approximately 55.
This would still exceed the maximum allowed sign height of 30' and therefore would require a
Base Standard Modification (BSM) be granted for sign height. The applicant has provided two
versions for the new pole sign. Version 1 is a 165" x 85" (97.4 sq. ft.) and version 2 is 205" x 90"
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
(128.1 sq. ft.). The Suburban Mixed Use District (SMU) allows a maximum of 100 sq. ft. for a
pylon sign. As a compromise in order to obtain the larger sign, the applicant is willing to remove
the signage (including an electronic message board) from the south building facade.
Additionally, the applicant is willing to make other general site landscaping improvements and
to limit future allowed uses of the property. The property owner intends to place a deed
restriction on the property prohibiting what they describe as unsavory (i.e. adult) uses. The
applicant is also proposing to replace the existing cabinet sign on the west building fagade with
a new channel letter sign. No changes are proposed related to site design, access or storm water
management.
As part of the redevelopment of the property and associated BSM's related to signage, the
applicant is proposing landscaping improvement to the site. The applicant is proposing to
replace and enhance the landscaping along the south and west building elevations. The
applicant is proposing a mixture of new shrubs and ornamental trees along these sides of the
building. The applicant is also proposing to replace two trees along the north property line with
new ornamental trees. The applicant is also proposing to install 12 new arborvitae / viburnum
along the east property line to help act as a buffer to limit light spillage from S. Koeller Street
into the adjacent residential neighborhood. Finally, the applicant is proposing a new
landscaping bed around the western parking stalls consisting of a variety of shrubs. The overall
benefit from the site improvements through use restriction, landscaping improvements and sign
limitation will exceed any impact the new sign pole may have.
FISCAL IMPACT
The site is already developed and provided with city services and the proposed re -use of the
building should not require expansion of any city services. The site landscaping improvements
may add some nominal assessed improvement value overall to the site.
RECOMMENDATION
The Plan Commission recommended approval of the General Development Plan and Specific
Implementation Plan with conditions at its December 4, 2018 meeting.
Respectfully Submitted,
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 920.236.5000 http://www.ci.oshkosh.wi.us
ITEM: ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO
SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT
OVERLAY (SMU-PD), GENERAL DEVELOPMENT PLAN AND SPECIFIC
IMPLEMENTATION PLAN FOR A COMMERCIAL OFFICE AT 1755 W 7m
AVENUE
Plan Commission meeting of December 4, 2018.
GENERAL INFORMATION
Applicant: John Davids
Property Owner: River Valley One — Andy Duinke
Action(s) Requested:
The applicant requests a zone change from the existing Suburban Mixed Use District (SMU) to
Suburban Mixed Use District with a Planned Development Overlay (SMU-PD), approval for a
General Development Plan and Specific Implementation Plan for 1755 W. 7h Avenue.
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.
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Background Information, Property Location and Type:
The subject area is currently zoned Suburban Mixed Use (SMU) and consists of one parcel
encompassing approximately 0.37 acres, located on the south side of W. 7th Avenue and east of S.
Koeller Street. The subject property consists of a single story approximately 1300 sq. ft. vacant
building. The site was formerly AE Jewelers. The surrounding area primarily consists of
commercial uses, but does have a single family subdivision to the northeast. The 2040
Comprehensive Land Use Plan recommends interstate commercial use for the subject area.
The applicant previously sought a variance for the property on August 8, 2018 related to overall
sign height. The existing AE Jewelers sign is approximately 60' in total height. The applicant
sought a variance from the Board of Appeals to replace the existing legal nonconforming diamond
shaped cabinet with a new rectangular cabinet. The variance was denied with the finding of:
There is no hardship unique to this property for the granting of the variance.
Requirements of the franchise cannot be used as the basis for the granting of the variance.
It was the Board's opinion that the application did not meet the requirements for granting a
variance and that other options were available to the petitioner. One of those options was to seek a
zoning change to include a Plan Development Overlay and approval of the associated planned
development.
Subiect Site
Existing Land Use
Zoning
Vacant commercial building
SMU
Adjacent Land Use and Zoning
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Interstate Commercial
ANALYSIS
Use
The petitioner is proposing to use the existing vacant commercial building as their commercial
office building. In doing so, the applicant is requesting to reuse the existing pylon sign pole and
replace the existing diamond shaped cabinet with a new rectangular cabinet. The existing sign is
approximately 60' in total height; the applicant is proposing to lower the new sign to
approximately 55. This would still exceed the maximum allowed sign height of 30' and therefore
would require a Base Standard Modification (BSM) be granted for sign height.
Staff is in support of a zone change to include the planned development overlay as the applicant
and owner are willing to make other improvements to the site and limiting the allowed uses of
the property. The property owner intends to place a deed restriction on the property prohibiting
what they describe as unsavory uses. Staff recommends a condition be placed on the property
prohibiting those uses as described in section 30-59(D) of the zoning ordinance.
Site Design/Access
No changes are proposed related to site design or access.
Storm Water Management/Utilities
No changes are proposed related to storm water management.
Landscaping
As part of the redevelopment of the property and associated BSM's related to signage the
applicant is proposing landscaping improvement to the site. Below are images of the existing
landscaping taken from the north and south sides of the property.
ITEM- Rasone.GDP.SIP 1755 TV.. 7" Ave
The applicant is propsing to replace and enhance the landscaping along the south and west
building elevations. The applicant is proposing a mixture of new shurbs and ornamental trees
along these sides of the building. The applicant is also proposing to replace two trees along the
north property line with new ornamental trees. The applicant is proposing to install 12 new
arborvitae / viburnum along the east property line. These new evergreen plantings should aid in
limiting light spilage from S. Koeller Street into the adjacent residential neighborhood. Finally,
the applicant is proposing a new landscaping bed around the western parking stalls consisting of
a variety of shurbs. Although staff supports the revised landscaping plan as an overall
improvement to the site, staff believes some additional landscaping along the southern edge of
the parking lot would enhance the current hardscape look from S. Koeller Street. Staff
recommends the applicant be required to install an additional 30 points of landscaping along the
southern edge of the parking lot. Typical shurbs-within the zoning ordinance range from 3-5
points per planting, equating to an additional 6-10 plantings being required.
Signage
The applicant is requesting a BSM to be allow the reuse the existing pylon pole for a new sign.
The existing overall sign height is approximately 60'. The applicant would remove the existing
diamond shape cabinet and replace it with a new rectangular cabinet. The applicant is proposing
ITEM- Rmone. GDASIP 1755 TV 71' Ave
a blockout style sign where only the letters would be internally illuminated. The applicant has
provided two versions for the new pole sign. Version 1 is a 165" x 85" (97.4 sq. ft.) and version 2
is 205" x 90" (128.1 sq. ft.). The SMU zoning district allows a maximum of 100 sq. ft. for a pylon
sign. The applicant states they would remove one of the two signs from the south building
fagade as justification for the larger sign. Staff can support a BSM for the 128.1 sq. ft. sign version
but recommends all signage be removed from the south building fagade as the south fagade
currently exceeds what would be allowed. It is the staff's opinion that impact from allowing a
taller and larger sign can be mitigated by restricting the amount of other signage on the property.
The applicant is also proposing to replace the existing cabinet sign on the west building fagade
with a new channel letter sign. The proposed west fagade wall sign would be in compliance with
the SMU district standards.
Typically staff would not be in support of issuing base standard modifications specifically to
allow a taller and larger sign. However, in this instance staff is in support of these requests as it is
our opinion that the overall benefit from the site improvements through use restriction,
landscaping improvements and sign limitation will exceed any impact the sign may have.
Although the new sign would exceed the current provision, it would be smaller and shorter than
the existing sign.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends the 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.
ITE1111-Rersone.GDP.SIP1755 W 71' Ave
(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.
Staff recommends approval of the rezone, General Development Plan and Specific
Implementation Plan with the findings listed above and the proposed following condition:
1. Those adult uses as described in Section 30-59(D) shall be prohibited as permitted uses.
2. Base standard modification to allow a 55' tall pylon sign. This shall apply to only this
request and any future changes to the sign shall require the sign to be brought into
compliance with current ordinance requirements.
3. Base standard modification to allow a 128.1 sq. ft. pylon sign.
4. All signage shall be removed from the south building facade.
5. Pylon and west wall signs shall be blockout style with only the letters being internally
illuminated.
6. Applicant shall provide an additional 30 points of paved area landscaping along the
southern edge of the parking lot.
The Plan Commission approved of the Rezone, General Development Plan and Specific
Implementation Plan as requested with findings and conditions noted. The following is the Plan
Commissions discussion on this item.
Mr. Lyons presented the item and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. The petitioner is proposing to use the existing vacant
commercial building as their commercial office building. In doing so, the applicant is requesting
to reuse the existing pylon sign pole and replace the existing diamond shaped cabinet with a new
rectangular cabinet. The applicant is proposing a blockout style sign where only the letters
would be internally illuminated. Staff is in support of a zone change to include the planned
development overlay as the applicant and owner are willing to make other improvements to the
site and limiting the allowed uses of the property.
Mr. Perry asked if the applicant decided to go with the 97.4 sq. ft. pylon sign, if they would be
able to keep the signage from the south building fagade.
Mr. Lyons replied that currently the signs are legal nonconforming unless Plan Commission
would like to add another condition for signage.
Mr. Perry asked if the top board on the south facade was a message board.
Mr. Lyons replied yes, it is an Electronic Message Center.
ITEM- Rersone. GDESIP 1755 TV 7"' Ave
Mr. Perry questioned if the EMC was operational.
Mr. Lyons said he was not sure but the applicant could verify.
Mr. Burich added that it was operational when AE Jewelers was in the building.
Mr. Lyons showed the EMC and described how some panels look like they have been replaced
over the years.
Mr. Perry said the way the EMC is placed on the building, it could be easily used for help wanted
advertising.
Mr. Lyons explained the thought process of staff for the conditions they chose.
Mr. Perry inquired about the applicant's options for signage.
Mr. Lyons replied the conditions could be modified as needed by Plan Commission to give the
applicant more options for signage.
John Davids, 1560 Arboretum Drive, stated he is the future owner of the property. He clarified
details about the channel letter sign that would replace the cabinet sign on the west fagade. He
said he would prefer the 128.1 sq. ft. pylon sign because it would allow a border around the logo
and make it more aesthetically appealing. He said if he would only be allowed the 97.4 sq. ft.
sign, then he would like to keep the EMC. He explained that he had met with the neighbors and
they support the request. He said the neighbors would like a longer hedgerow than what is
proposed and he is willing to extend it for them. He explained more about the landscaping plans
and stated he is agreeable to the signage conditions.
Mr. Burich stated is did speak with the adjacent property owners and they do support the
request.
Motion by Vajgrt to approve a zone change from the existing Suburban Mixed Use District (SMU) to
Suburban Mixed Use District with a Planned Development Overlay (SMU-PD), approval of a General
Development Plan and Specific Implementation Plan for property located at 1755 W 7th Avenue with
the following conditions:
7. Those adult uses as described in Section 30-59(D) shall be prohibited as permitted uses.
8. Base standard modification to allow a 55' tall pylon sign. This shall apply to only this request and
any future changes to the sign shall require the sign to be brought into compliance with current
ordinance requirements.
9. Base standard modification to allow a 128.1 sq. ft. pylon sign.
10. All signage shall be removed from the south building fagade.
11. Pylon and west wall signs shall be blocicout style with only the letters being internally illuminated.
ITEM- Rersone.GDP.SIP1755 W. 7" Ave
12. Applicant shall provide an additional 30 points of paved area landscaping along the soicthern edge
of the parking lot.
Seconded by Hinz.
Mr. Burich asked if anyone had issues with the signage.
Mr. Bowen inquired more about Mr. Perry's concerns regarding the signage.
Mr., Perry stated his concern was that the applicant didn't have more options but the applicant
prefers the option staff recommended in the conditions.
Mr. Hinz added that the applicant seems to be in favor of the 128.1 sq. ft. pylon sign.
Motion carried 8-0.
ITEM- Rasone.GDASIP 1755 W. 7"' Ave
C& City of Oshkosh Application SUBMIT TO:
CilDept. of Community Development
oof Zoning Map Amendment (Rezoning) 215 Church Ave., P.O. Box 1130
Oshkosh Oshkosh, Wisconsin 54903-1130
**PLEASE TYPE OR PRINT USING BLACK INK** PHONE: (920) 236-5059
APPLICANT INFORMATION
Petitioner: John I. Davids
Date: 11/03/2018
Petitioner's Address: 1560 Arboretum Drive city. Oshkosh state: WI Zip; 54901
Telephone #: (920)920-216-6276 Fax: ( 920) 966-6278 Other Contact # or Email: jdavids@homecareassistance,com
Status of Petitioner (Please Check):
Petitioner's Signature (required):
OWNER INFORMATION
Owner(s):
J Representative J Tenant 9Prospective Buyer
Owner(s) Address: 230 Ohio Street - Suite 200 City: Oshkosh
Date: I� Y%�J �?_
41,0.
Date:
state: WI Zip: 54902
Telephone #: (920) 379-1645 Fax: ( ) Other Contact # or Email: andy@ailiancedevelopment.biz
Ownership Status (Please Check): U Individual U Trust U Partnership UCorporation
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 inspector 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.
Property Owner's Signature: 1�� �--�� Date:
l
TONING AND DEVELOPMENT INFORMATION
Address/Location of Rezoning Request: 1755 W. 7th Ave, Oshkosh, WI 54902
Tax Parcel Number(s,.,0611590000
Rezone property from: SMU to SMU-PD
Purpose for Rezoning; To allow an overall sign height of 55' 0"
Describe existing property development and land use: The building is vacant. It is the former location
of AE Jewelers - a retail store.
Describe proposed development and/or proposed land use: Owner occupied Commercial Office for an
in -Home Care Agency
Proposed time schedule for development and/or use of the property:
Assuming Common Council approval by 12/11/18 we would hope to close by 12/21/18. Exterior signage and Interior Improvements would begin as soon as vendors can complete
the work. The lease on our current office expires 01/28/19. We would hope to occupy the 1766W, 7th Ave by 0128/2019.
Zoning Adjacent to the Site: North: MR-12/SMU
South: SMU/SMU-PD
East: SMU/SR-5
West: SMU
Staff Date Rec'd
Page 6
SUBMIT TO:
Cifiy of Oshkosh Dept, of Community Development
c(ol 215 Church Ave., P.O. Box 1130
Oshkosh
Planned Development Application PHONEht 1549-1
5059
For General Development Plan or Specific Implementation Plan
"PLEASE TYPE OR PRINT USING BLACK INK**
APPLICANT INFORMATION
Petitioner: John I. Davids
Petitioner's Address: 1560 Arboretum Drive
Telephone #: (920) 216-6276 Fax: (920) 966-6278
Status of Petitioner (Please Check): A Owneh u
Petitioner's Signature (required):
OWNER INFORMATION
Owner(s):
city: Oshkosh State: WI zip: 54901
Other Contact # or Email: idavids@homecareassistance.com
U Tenant N Prospective Buyer
Owner(s) Address. 230 Ohio Street - Suite 200
Date: 11/03/2018
Date: 11/03/2018
city: Oshkosh State: WI zip: 54902
Telephone #: (920) 379-1645 Fax: ( ) Other Contact # or Email: andy@alliancedevelopment,biz
Ownership Status (Please Check): u Individual _J Trust i Partnership -jCorporation
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.
Property Owner's Signature: ii / "'"..-�'_` Date:
TYPE OF REQUEST:
❑ General Development Plan (GDP)
CR Specific Implementation Plan (SIP)
SITE INFORMATION
❑ General Development Plan (GDP) Amendment
❑ Specific Implementation Plan (SIP) Amendment
Address/Location of Proposed Project: 1755 W. 7th Ave, Oshkosh, WI 54902
Proposed Project Type: Owner Occupied Commercial Office for In -Home Care Agency
Current Use of Property: Vacant/Former AE Jewelers zonina: SMU
Land Uses Surrounding Your Site: North: Commercial
South: Commercial
East: Commercial/Residential
West: Commercial
D It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal.
➢ 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 visit the City's website at www.ci.oshkosh.wi.us/Community_Developti-tc-ni/Planningg.him
Staff Date Recd
Page 7 `
Specific treatment and location of recreational and open space areas, including designation of
any such areas to be classified as common open space.
❑ Proposed grading plan.
❑ Specific landscaping plan for the subject site, specifying the location, species, and installation size of
plantings. The landscaping plans shall include a table summarizing all proposed species.
❑ Architectural plans for any nonresidential buildings, multi -family structures, or building clusters, other than
conventional single-family or two-family homes on individual lots, in sufficient detail to indicate the floor
area, bulk, and visual character of such buildings.
❑ Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas, and
walkways.
❑ Signage plan for the project, including all project identification signs, concepts for public fixtures and signs,
and group development signage themes that may or may not vary from City standards or common
practices.
a Specific written description of the proposed SIP including:
• Specific project themes and images.
• Specific mix of dwelling unit types and/or land uses.
• Specific residential densities and nonresidential intensities as described by dwelling units per acre,
and landscaping surface area ratio and/or other appropriate measures of density and intensity.
• Specific treatment of natural features, including parkland.
• Specific relationship to nearby properties and public streets.
• Statistical data on minimum lot sizes in the development, the precise areas of all development lots
and pads; density/intensity of various parts of the development; building coverage, and
landscaping surface area ratio of all land uses; proposed staging; and any other plans required by
Plan Commission.
• A statement of rationale as to why PD zoning is proposed. This statement shall list the standard
zoning requirements that, in the applicant's opinion, would inhibit the development project and the
opportunities for community betterment that are available through the proposed PD project.
• A complete list of zoning standards that would not be met by the proposed SIP and the locations)
in which such exceptions/base standard modifications would occur.
• Phasing schedule, if more than one development phase is intended.
❑ Agreements, bylaws, covenants, and other documents relative to the operational regulations of the
development and particularly providing for the permanent preservation and maintenance of common
open areas and amenities.
❑ A written description that demonstrates how the SIP is consistent with the approved GDP and any and all
differences between the requirements of the approved GDP and the proposed SIP.
I hereby certify that to the best of my knowledge all required application materials are included with this
application. i am aware that failure to submit the required completed application materials may result in denial or
delay of the application request.
Applicant's Signature (required): Date: �Jl
Page 8
Planned Development Applicatlon/Zoning Map Amendment Application
1755 W. 7" Ave, Oshkosh, WI 54902
John and Julie Davids have an accepted over to purchase the property at 1755 W. 71" Avenue, Oshkosh,
WI 54902 from River Valley One, LLC, This property was previously occupied by AE Jewelers and has
been vacant for an estimated 2 years.
The accepted offer for this property is contingent on approval from the City of Oshkosh to waive the
current ordinance that requires the pylon sign on the property to be cut down to a maximum height of
30' if the current diamond shaped sign cabinet is replaced with a more traditional rectangular shaped
sign cabinet.
John and Julie Davids are asking for approval to allow the current height of the pylon to remain at 47.5'.
John and Julie Davids are proposing replacing the current 12.5' high diamond shaped sign cabinet with a
7.5' high rectangular shaped sign cabinet. The proposed 7.5' high sign cabinet would reduce the overall
height of the sign from 60' to 55'. At 5S' the proposed sign will be equal to the height of the surrounding
signage of CVS Pharmacy and Walgreens.
If this sign issue can be overcome, John and Julie Davids will immediately move forward with the
purchase and improvement of the vacated AE Jewelers. River Valley One, LLC has drafted but has not
filed a deed restriction that would prevent a pornography business and other various unsavory
businesses from being operated from this property. If allowed to purchase the vacated AE Property,
John and Julie Davids would encourage River Valley One, LLC to file the deed restriction that would
prevent a pornography business and other various unsavory businesses from ever being operated from
this property.
John and Julie Davids are the owners Home Care Assistance — Oshkosh (HCAO). HCAO is a Franchisee of
Home Care Assistance (HCA) and provides nonmedical supportive care for senior citizens. The help
provided by the caregivers of HCAO allows seniors to remain in their own homes when their activities of
daily living become too difficult for them to perform for themselves.
John and Julie purchased their HCA franchise in the fall of 2015 and began work with their first client in
December, 2015. John and Julie started their business in the dining room of their home and in February,
2016 moved to a rented space at 1092 S. Koeller Street, Oshkosh WI 54002 where they continue to
conduct business today. The current HCAO location is no longer able to accommodate staffs needs,
does not provide sufficient space for training and is hampering the ability to help even more seniors.
HCAO's first year (2016) sales were over $375,000, Projected sales growth for 2018 vs. 2016 is over
260%. The sales growth target for 2019 is 37%. HCAO's rapid growth has been very impressive to the
franchisor as HCAO is currently ranked in the top 35% of all HCA franchisees. HCAO employs 4 staff
members and over 80 caregivers. HCA's payroll for the rolling 12 months that ended 9/30/18 Is over
$830,000. HCAO's projected payroll for 2019 will exceed $1,000,000.
In order to meet 2019 sales projections, it will require more space for staff functionality and caregiver
training, Continued future growth will also require increased brand recognition and greater exposure to
potential caregivers and clients. The vacated AE Jewelers,building exceeds HCAO's space needs and the
current pylon sign height will help provide the needed exposure to potential caregivers and clients while
Page 9
building the HCA brand. These elements of the vacated AE Jewelers property will enable HCAO to help
even more seniors and employ more caregivers in Oshkosh.
HCAO's franchisor (HCA) typically requires that franchisee offices be located in high foot traffic/retail-
oriented sites in order to attract walk-in traffic for both caregiver applicants and in-home care
consumers. HCA had not previously approved any franchisee locations that were not located in a strip
mall and bordered by retail businesses that serve a demographic conducive to generating walk-in traffic,
Based on these requirements and precedents, MCA summarily denied our first request to move to the
vacated AE Jewelers.
Knowing that the brand recognition that can be obtained from a highly visible sign with significant
exposure to a heavy traffic corridor will build the Home Care Assistance brand and generate walk-in
traffic, John and Julie submitted an appeal to MCA detailing traffic counts and providing images of the
current pylon sign from various vantage points. Based on the study provided, HCA approved HCAO's
move to the vacated AE Jewelers on the condition that the current odd shaped diamond sign cabinet be
replaced with a more aesthetically pleasing shape and that the size and height of the sign be appropriate
to build the "Home Care Assistance" brand. Based on the current City of Oshkosh ordinance, replacing
the diamond shaped sign cabinet will require that the overall sign height be lowered to 30', in the
opinion of our HCA advisor, lowering the sign height to 30' would hamper the visibility of the sign from
all approaches and render the location unacceptable for us to move to.
John and Julie Davids are seeking and will propose a win-win solution that provides uniformity of the
signage in this highly commercial corridor and that will also be conducive to attracting the walk-in traffic
that is required by HCA. To that end, enclosed with this plan development application are illustrations of
signs that will meet the requirements of HCA and will also lower the overall height of the sign from the
current 60' to 55'. At 55' the proposed sign will be equal to the height of the surrounding signage of CVS
Pharmacy and Walgreens.
As you will see in the included illustrations, the proposed sign face will also utilize opaque graphics
except where "Home Care Assistance" is spelled out. While opaque graphics are not conducive to
maximum exposure of the HCA brand during evening hours, John and Julie recognize the concerns of
nearby residents and are happy to compromise on the effectiveness of the sign in order to significantly
reduce the amount of light that will be emitted.
As you will see in the attached illustrations, John and Julie are proposing replacing the rectangular sign
cabinet on the west side of the building with a more attractive channel letter sign. While current code
allows for the graphic panels in the existing cabinet to be replaced, John and Julie offer the significantly
more expensive channel letter option as a way to further enhance the visual aspect of the vacant AE
Building,
John and Julie will also consider removing altogether an even more unsightly 98" x 36" sign cabinet on
the south side of the building. While removing the 98" x 36" sign cabinet is not required by ordinance,
John and Julie are open to sacrificing the significant branding Impact of the 98" x 36" sign cabinet to
further improve the aesthetics of the vacated AE Building in exchange for a suitable pylon sign solution.
To further enhance the visual appeal of the vacated AE Property, John and Julie have included with this
application a landscaping plan that illustrates replacing dead or dying trees with more robust and
Page 10
climate appropriate decorative trees, cleaning up and repairing flower beds, installing colorful and
ornate plantings, and planting a hedgerow with 2 varieties of arborvitaes to help block headlights from
cars traveling through the round -a -bout at 91h Ave & Koeller from reaching the homes of residents on
Lilac Avenue,
In summary John and Julie Davids seek approval to have a pylon sign with an overall height of 55' at the
site of the vacated AE Jewelers property. In exchange for approval of the proposed pylon sign John and
Julie Davids will improve the vacated AE property by;
- Replacing a cabinet sign with a channel letter sign on the West side of the building.
- Removing a 98" x 36" sign cabinet from the south side of the building.
- Installing landscaping that will beautify the property and provide light barriers for surrounding
neighbors.
- Encourage River Valley One, LLC to file a deed restriction that will prevent a pornography
business and other various unsavory businesses from ever being operated from this property.
Page 11
W
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Plant ]Ke
Code
Plant Name
Quantity
A
JapancseTrecFla e
2
B
Red Jewell Crabapple
2
C
Emerald Green Arborvitae
6
D
BlueAluffinhrrowwoodYburnam
6
E
Kallay's Compact Juniper
8
F
Dwarf Korea Lilac
z
G
Annabelleflydrangea
4
}i
Magic C TW Spires
9
J
Stella De Oro Day17y
14
li
Autumn Joy Sedum
7
L
Gari Foers-ter Feather Reed Gracs
6
All landscape beds to be mulched with 25"-3" of 1-5" washed river rock over
beavv grade landscape
fabric. Edging to be existingcarbiag
around existing
landscape bedsltree
rings and professional grade poly, edging aravnd new beds_
Ptnacy screen planting along east property line to be mulched with 4" of. shredded
hardwood burl.
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SNEETADDRESS: _ 1092SIOE ERST -
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LOWERCASE LETTERS IN "Home Care"
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APPROXIMATELY 18" POLE DIAMETER LETTERS IN ASSISTANCE"
(SURVEY FOR EXACT MEASUREMENTS) 13" HIGH, 2.5" LINE WIDTH
REMOVE AND DISPOSE OF EXISTING CABINET
CLIENT: HOME CARE ASSISTANCE
STRIr7ADDRESS: I D92 S KOEILER ST
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THIS DOCUMEm IS DINNED BYAPPLETON SIGN COMPANY. IT 6 A CONCEPTUALREPRESENTAIION OF SERVICES PROVIDED BYAPPUMNI SIGN. CTEEERAGMiS. BY MmPT OF THIS DESGN, NOT TO SHARE CONCEPTS OR SPE9FlflUIONSWITH AKY DOM PARTY UHLFSSPURCHASED BY PAYMENT OR GIVEN WRITTEN CON'SDa. MN VIOLATION WILL BE INFORM AND MAY CONIME SIDESIGN FEES. ,oCONCEPTUAL DES16N 1
DISLIAIMERS:
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4
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SURVEYI.IAY IMPAL7.MNIATID HMEMATERIALS
AiFVE,E'R X — COLORS ON THIS DOCUMENT WERE SELECTED BY
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:1; 09/13!18 f1d1E'UCl';iTER HEIGHTS
09/19/18 TALLEDOUTBLOCNOUT
%ror -_ -
PLEASE SWR BELOW STATINS THAT THIS DESIGN IS A
EXISTING VIEW
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DISCLAIMERS: Nr.D
THIS DOCUMENT IS OWNED BYAPPLETON SIGN CDMPAWACONCEPTUAL REPRESENTATION OF SERVICES PROVIDED BYAPPIETONSIGN. CUENTAGREES. IT REMFT Of TIES DESIGN. NOT TO SIM CONCEPTS 01SPEA3DCATIONSWITH MYTHIRD PARR UNLESPURLNAM M PAYMENOR EM WRITTEN CONI4IE ANYWDLADON WILL BE ENFOP.® AND MAY CONSTITUTE DESIGN FEES'S, 1 F
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CLIENT: HOME URE ASSISTANCE
STRLRADDRFS: 1092 S NOELLER SF
att/sraTE DsnNOSl.rn —
SCOPE 11872
DATE: GK9/18
SALES RODFRFOQIC6011
DESIGNER: COURIIET MUEILER
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VOLTAGE:
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------ REMOVE AND DISPOSE OF EXISTING CABINET X NEID SUDVfl'7 NOT BE GUARANTEED FINDINGS DURING A FIFLD
SURVEYI.IAY IMPAL7.MNIATID HMEMATERIALS
AiFVE,E'R X — COLORS ON THIS DOCUMENT WERE SELECTED BY
CDl0R1. 01 IGIIIN FOR CLIENT REVIEW. COLORS MUST BE
APPROVED SF CLIENT PRIOR TO PRODUCUON
MISG IIE11S7
r REIVISIG I StNEEDUIE
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:1; 09/13!18 f1d1E'UCl';iTER HEIGHTS
09/19/18 TALLEDOUTBLOCNOUT
%ror -_ -
PLEASE SWR BELOW STATINS THAT THIS DESIGN IS A
EXISTING VIEW
FABRICATE AND INSIALL OTY ONE (1) O/F LED Uf SI6N CABINEi TO REPLACE E)DSi N6 DIAMOND SHAPED CABINET ON PYLON SIGN. NEW S161 TO OMEMTE AT SLIGHT ANGLE TO MM 41(WEST). CHRRENT POLE HAS WLTCNPLATE, SONYE9 FON FOAL DIMENSIONS. OPT. #1 1
DISCLAIMERS: Nr.D
THIS DOCUMENT IS OWNED BYAPPLETON SIGN CDMPAWACONCEPTUAL REPRESENTATION OF SERVICES PROVIDED BYAPPIETONSIGN. CUENTAGREES. IT REMFT Of TIES DESIGN. NOT TO SIM CONCEPTS 01SPEA3DCATIONSWITH MYTHIRD PARR UNLESPURLNAM M PAYMENOR EM WRITTEN CONI4IE ANYWDLADON WILL BE ENFOP.® AND MAY CONSTITUTE DESIGN FEES'S, 1 F
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LOCATION VIRq
EXISTIP16 VIEVd REMOVE AND DISPOSE OF DUSTING CABINET
REPLACE EMC PANELS
9'-5" IN x 48" H x 8" DEEP
4 -COLOR MESSAGE CENTER
16MM (FULL COLOR) 64X168 MATRIX
CLIENT: NOME RARE AS56TANCE
SIAEETADINIM' 1092 S NOEREBST
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SCOPE 11872
DATE 00911B - --
SATES: RDD FREDRJWOU
DESIGNER: COURTNEY KILLER
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PROVIDE AND INSTALL QTY ONE (1),7F ELECTRONIC MESSAGE CENTER FOR SOUFH SIDE OF BURDIN6. ULCIODFS REMOVAL AND DISPOSAL OF EXISTING EMC AND Ili CABINET. ALLOWED MAMNN OF 20 SQ FF (4' X 51. USE WATCNFIRE TO QUALIFY FORMER REBATE PROGRAM. OPT. #1 DISCWMERS 1
7IUSD000RAW IS OWNED 9YAPPLETON SIGN COMPANT. R IS A CONCEPTUAL REPRESRIATIOR OfSUMCESPR.OTIDED BY APPLETON SIGN OIENEATRFES, BY RKUPT OF TINS DESIGN, NOTTD9NRE CONCEPTS OR SPEOFIRATIONSWIIR ANY THIRD PARTY UNLESSPUROIhWD BY MORE OR GIVEN WRITTEN WNSK ANEWOIATION WILL BE ENFORM AND MAY CDKETTTUEE DESIGN FEES �I F F
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46v 0I COMMERCE
August 1, 2018
Dariyn Burich, Planning Director
City of Oshkosh —Plan Commission
215 Church Avenue
Oshkosh, WI 54901
RE; Signage Variance Request from Home Care Assistance — Fox Cities (HCA -FC)
Dear Mr. Burich;
I am writing this letter on behalf of the Oshkosh Chamber of Commerce in support of John and Julie
Davids' (DBA Home Care Assistance — Fox Cities) request for a sign variance for the property located at
1755 West 7th Avenue. I understand that the Davids are seeking a variance to maintain the height of the
sign that currently exists on this property. In discussing this request with Mr, Davids, we find that his
variance request is justifiable and appropriate for the character of this commercial/retail oriented area.
This vacant property is essentially located on S, Moeller Sheet between Red Robin Restaurant and CVS
Pharmacy near the 9th Avenue and S. Koeller Street round -a -bout. The surrounding properties in this area
are all eomnnercial/retail businesses, with no residential properties existing in the immediate area, The
pylon signs of surrounding businesses are of similar height as the pylon sign at this vacated property,
Cutting the pylon sign at the vacated property to 30' would actually break-up the uniformity of signage as
it exists today,
The businesses that exist along the US Highway 41 corridor are looldng to maximize visibility in this
highly commercial/retail area, This visibility is critical for Home Care Assistance to continue to grow
their business, Consequently, given the landscaping planted and maintained by the City of Oshlcosli in the
center of the 9th Avenue/S, Koeller Street round -a -bout, the sign on the vacated property would not be
viewable by northbound traffic on S, ICoeller if it were reduced to 30'. Visibility to 9th Avenue
westbound traffic and southbound S. Koeller Street traffic would also be severely hampered.
The Davids have been operating Home Care Assistance in Oshkosh for the past 2,5 years. Their business
growth during this time has been remarkable in terms of sales revenue and employment, This is the type
of business that we want to continue to growth and develop in the community.
We would ask and urge that the Plan Commission approve this sign variance,
Sincerely,
A. Casper
President & CEO
120 Jackson Street 1 Oshkosh, WI 54901 1 920,30P.2-�96-'J AA 920.303.2-263 1 Info@oshI(oshchambPr,conl
GREATIS
E R
ECONI0MIC
_l DMVC1LOR M UNT
OORF°tSRATION
August 7, 2o18
Mr. Robert Cornell, Chair
Oshkosh Board of Appeals
543 W Smith Avenue
Oshkosh, WI 54.901
Re: Variance Request for Home Care Assistance
Dear Mr, Cornell:
As the CEO of the Greater Oshkosh Economic Development Corporation, I am writing to encourage your
support for a sign variance for the property located at 1755 West 71" Avenue. This site is proposed to be the
future home of Home Care Assistance — Fox Cities, with John and Julie Davids as local franchisee owners.
The request is to allow the current height that exists for the pylon sign on this property while modifying
the sign's design characteristics. The sign is nonconforming presently because of decisions made by the
previous tenant. While the location is ideal in the Davids' view, the site is made even more attractive when
the height can be maintained and redesigned to fit many types of businesses. The sign's current diamond-
shaped design is only useful to the former commercial tenant; a redesigned site at less than 30' will not
facilitate an increase in retail traffic.
Home Care Assistance addresses an important need in our community, which is the personal care of the
more seasoned and often most vulnerable residents in our greater Oshkosh community. John and David
left: their careers to launch Home Care Assistance -Fox Cities, and have grown their sales, workforce, and
clientele in a short amount of time, clearly demonstrating the need for this business.
Furthermore, Home Care Assistance is part of a broader nationwide network, John and Julie would not
have launched this business in Oshkosh without franchise support. Home Care Assistance -Fox Cities is
currently located in an Oshkosh -based strip mall location, but adjacent businesses are not complementary
to the business's clientele. Long-term this location is not conductive to continued growth.
Please join me in supporting a growing Oshkosh small business. We urge your approval of the variance,
but if that is not possible, we encourage your assistance in identifying a pathway forward for John and
Julie to expand at that location. Please do not hesitate to contact me anytime at (920) 230-3322 or
jason.white cr greateroslllrosh,com.
My Bf-st,
Jason E, White, President & CEO
Greater Oshkosh Economic Development Corporation
cc: Mr. Wesley ICottke
Mr. Robert I(rasniewski
Ms. Kathryn Larson
Mr. Dennis Penney
Page 19
REZONE/SIP 600 S KOELLER STREET LLC ANN M FROEHLKE
1755 W 7TH AVE 601 OREGON ST B 625 LILAC ST
PC: 12-04-18 OSHKOSH WI 54902 OSHKOSH WI 54902
CHRISTIAN COMMUNITY CHILD CENTER
3870 JACKSON -ST
OSHKOSH WI 54901
JOHN I DAVIDS
1560 ARBORETUM DR
OSHKOSH WI 54901
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ROBERT A ILG III TRST/HOUSER FAM TRST
3903 BELLAIRE BLVD
HOUSTON TX 77025
Page 20
RIVER VALLEY ONE LLC - ANDY DUMKE
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Printing Date: 11/912018
information are responsible for verifying accuracy. For full disclaimer please go to
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the City of Oshkosh assumes no liability for the accuracy of the information. Those using the pf
Printing Date: 11/912018
information are responsible for verifying accuracy. For full disclaimer please go to
www.ci.oshkosh.wl.us/Gisdiscialmer Prepared by: City of Oshkosh, WI Oshkosh
JAGISWIanning0an Commission Site Plan Map TemplateRan Commission Site Plan MapTemplate.mzd User, minak
Page 21
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Page 22
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