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Item IX
PLAN COMMISSION STAFF REPORT JULY 6, 2021 ITEM IX: SPECIFIC IMPLEMENTATION PLAN A COMMERCIAL DEVELOPMENT AT NORTH SIDE OF 1700 BLOCK OSHKOSH AVENUE GENERAL INFORMATION Owner/Applicant: SmitCo Eateries – Marc Rodriguez Action(s) Requested: The petitioner requests approval of Specific Implementation Plan (SIP) for a commercial development (drive-thru restaurant) at the north side of 1700 Block Oshkosh Avenue. Applicable Ordinance Provisions: Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Background Information Property Location and Type: The subject site consists of a vacant parcel at the northwest corner of Oshkosh Avenue and N Westfield Street. The applicant intends to divide the subject parcel into two lots, with the proposed development on a .69 acre lot with frontage along Oshkosh Avenue only. The property is zoned Corporate Business Park with a Planned Development Overlay (CBP-PD) and the surrounding area consists predominately of commercial and vacant commercial land as well as a hotel being developed immediately to the north and residential uses to the south across Oshkosh Avenue. A General Development Plan (GDP) was approved in 2018 for hotel, commercial and retail uses on the 1700 Block of Oshkosh Avenue, including the subject area. The 2040 Comprehensive Plan recommends Interstate Commercial land use for the subject property. Subject Site Existing Land Use Zoning Vacant CBP-PD Adjacent Land Use and Zoning Existing Uses Zoning North Hotel CBP-PD South Residential SR-5 East Vacant CBP-PD West Vacant CBP-PD Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Interstate Commercial Page 1 ITEM VIII SIP – 1700 Block Oshkosh Ave 2 ANALYSIS Use The proposed development consists of a 2,637 sq. ft. commercial (drive-thru restaurant) building on a newly created interior lot. A CSM will be required to be approved by the Department of Community Development for the new lot. The proposed plans were discussed at a Plan Commission workshop on April 20, 2021. Plan Commission voiced support for the proposed use, provided the site is located on an interior lot. Staff is supportive of the proposed drive-thru use on the site as the proposed interior location of the drive-thru should not be detrimental to the surrounding area, provided increased landscaping is provided along the Oshkosh Ave. frontage to buffer the view of the drive-thru lane. Site Design/Access The proposed development will be accessed from the existing hotel driveway to the north, which has access from Oshkosh Avenue. A cross-access agreement will need to be filed with Winnebago County Register of Deeds. The drive-thru lane and order window will be located on the west side of the building, with the drive-thru lane wrapping around the front of the building into the parking lot, which will have 11 parking stalls accessed from a two-way drive aisle. Plan Commission had voiced support for this site design at the aforementioned workshop. The applicant has also included a front patio for outdoor seating in front of the building. Site Plan Required Provided Parking Spaces Minimum: 9 Maximum: 11 11 Impervious Surface Maximum: 70% of lot 62.7% of lot Page 2 ITEM VIII SIP – 1700 Block Oshkosh Ave 3 The parking lot provided on the site plan is at the parking maximum of 1.25 spaces per 300 square feet of gross floor area for a restaurant land use. The total impervious surface area for the site is 18,832 sq. ft., which is under the maximum impervious surface ratio for the Corporate Business Park (CBP) District. The applicant is requesting a BSM for reduced drive-thru stacking length of 70’ in front of the order station from the code minimum of 100’. Staff is supportive of this BSM as the plans show a double drive-thru lane leading to the order station, which will serve to meet the overall vehicle stacking requirement in front of the order station. The plan includes a dumpster enclosure to the north of the building. A BSM is required for the dumpster enclosure placement as the enclosure pad extends into the 25’ rear yard setback, with a setback of 19’ from the rear property line. Staff is supportive of the proposed location as the rear of the lot abuts a cross-access drive. The reduced setback will not have a negative impact on neighboring properties. Also, the enclosure itself will be outside of the 25’ setback. The exterior of the dumpster enclosure will be brick veneer to match the building, per CBP accessory structure standards. Building/Parking Setbacks Minimum Provided Front Setback (north) 30 ft. 31.73. (drive-thru lane) Side Setback (east) 10 ft. 10.21 ft. (parking lot) Side Setback (west) 10 ft. 10 ft. (drive-thru lane) Rear Setback (north) 25 ft. 19 ft. (dumpster pad) The proposed building and parking areas meet all setback requirements for the CBP District, with the exception of the dumpster pad, as previously noted. Storm Water Management/Utilities The applicant has been in discussion with the Department of Public Works regarding storm water management for the area. Finalized storm water management plans will need to be submitted and approved as part of the Site Plan Review process. Page 3 ITEM VIII SIP – 1700 Block Oshkosh Ave 4 Landscaping Landscape plan Points Required Points Provided Building Foundation 102 (51 side of main entrance) 127 (56 side of main entrance) Paved Area 81 (24.3 tall trees, 32.4 shrubs) 100 (60 tall trees, 40 shrubs) Street Frontage (Oshkosh Ave.) 130 (65 medium trees) 303 (45 medium trees) Total Yards 53 32 Yards devoted to street frontage 26.5 32 Total 366 562 Building Foundation The landscape plan shows a combination of shrubs around the building foundation. The applicant is exceeding the total point requirement of 40 points per 100 linear feet of building foundation. The landscaping ordinance specifies that 50% of the required points must be located along the main entrance side of the building, or in this case the east façade of the building. The plan is meeting the main entrance side point requirement. Page 4 ITEM VIII SIP – 1700 Block Oshkosh Ave 5 Paved Area The landscape plan is meeting the paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of paved area. The code further specifies 30% of all points will be devoted to tall trees and 40% will be devoted to shrubs. A tall deciduous/shade tree is required at the ends of all parking rows. The landscape plan does not show tall trees at the ends of the drive aisles where they connect with the shared access drive on the north side of the site. The applicant will need to add those trees to meet the tall tree requirement. This can be addressed during the site plan review process. Street Frontage Code requires 100 points per 100 feet of street frontage. The landscaping ordinance also specifies that 50% of the required points must be devoted to medium trees. The landscape plan greatly exceeds the overall street frontage point requirement. The applicant will need to substitute 1 or 2 of the tall trees with medium tree(s) along the frontage to meet this requirement. The CBP standards also require 50% of yard landscaping points to be located along street frontages. The applicant has provide excess street frontage points to meet this requirement. The landscape plan shows a combination of trees and shrubs between the Oshkosh Avenue right-of-way and the drive-thru lane. Staff is recommending a condition that 165 tall/medium evergreen tree landscaping points be included to provide a year-round visual buffer from the drive-thru lane. The applicant has provided 4 Black Hills Spruce evergreen trees for a total of 176 points to meet this requirement. Yards Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The provided yard landscaping points shown on the landscape schedule does not meet the total point requirement as the perennial plantings shown have been over-calculated in the point total. The applicant may reallocate overflow points from other landscaping categories to meet this requirement. Signage The applicant will be utilizing shared ground signage at the N. Westfield intersection as well as to the west along the N. Koeller St. intersection. Staff is recommending a condition that no ground signage be installed on the site and the applicant utilize shared ground signage as proposed, per the approved GDP for the site. Page 5 ITEM VIII SIP – 1700 Block Oshkosh Ave 6 Wall signage plans Wall signage is shown on the south (front) and east (side) building elevations. The proposed illuminated channel letters on the front façade and illuminated building seal and acrylic letters on the east side façade appear to be within the maximum wall signage area of 1 sq. ft. per linear foot of building frontage with a maximum of 15% of the wall area per building façade. Signage will require a separate building permit. Site Lighting A photometric plan has been provided by the applicant. The provided meets the maximum 0.5 foot candle lighting level allowed at the property lines as well as the minimum lighting level of 0.4 fc for all parking/drive areas. The fixtures will be full cut-off fixtures and will not exceed the maximum overall height of 25’. Building Facades Building Materials The Corporate Business Park standards require buildings to be clad on all sides with at least 75% Class I materials. Also, window and door area shall comprise of at least 40% of the ground floor level of the street facing facade. The specific elevations breakdown is as follows: Required Class I Provided Class I North 75% 100% South 75% 100% East 75% 100% West 75% 100% Street facing ground floor (south facade) 40% door/window area 37% Page 6 ITEM VIII SIP – 1700 Block Oshkosh Ave 7 The building exceeds design standards requirements for Class I building materials with 100% brick exterior on all facades. The provided 37% window/door area on the south façade is slightly under the minimum door/window area of 40% for street facing ground floor elevations. The applicant is requesting a BSM to allow for reduced window/door area on the (south) street- facing facade. Staff is supportive of this BSM as the applicant is offsetting the minimal glazing reduction by exceeding the class I material requirement on all facades. Page 7 ITEM VIII SIP – 1700 Block Oshkosh Ave 8 Building elevations Building Composition Corporate Business Park standards require buildings to be designed with four-sided detail and a distinct base, middle and top. The base of the building shall be articulated with a horizontal expression line creating a distinct ground level zone. The mid-section shall be articulated to form an expression line which sets up the buildings top, while the top portion of the building shall include architectural features that provide distinction and clearly shows a division of roof and walls. The front façade shall include architectural features which emphasize it as the front façade. The proposed elevations for the building meet these standards as canopies and soldier course banding provide distinction to the facades and projections related to the entrance and patio are utilized to emphasize the front façade. It appears that roof-top mechanical equipment may be visible. The applicant will need to verify that roof-top mechanical equipment is screened from view per ordinance standards. Overall Site The applicant is requesting BSMs for decreased dumpster pad setback, reduced drive-thru stacking length, and reduced street-facing door/window area. To offset these BSMs, the applicant will be exceeding the overall landscaping point requirement for the site, specifically along the Oshkosh Ave. street frontage, and also exceed the minimum Class I material allotment for all building facades. Staff is comfortable that the applicant has adequately offset the requested BSMs and the overall site is complimentary to the surrounding area. 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. (g) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. Page 8 ITEM VIII SIP – 1700 Block Oshkosh Ave 9 (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. Staff recommends approval of the Specific Implementation Plan and the findings listed above with the proposed following conditions: 1. Cross access agreement for shared driveway access shall be filed with the Winnebago County Register of Deeds. 2. A Certified Survey Map (CSM) shall be reviewed and approved by the Department of Community Development. 3. BSM to allow reduced rear yard setback (north) to 19’ the for dumpster enclosure pad. 4. BSM to allow reduced driveway stacking length in front of order station to 70’. 5. BSM to allow reduced window/door on ground floor of street-facing façade to 37% where code requires a minimum of 40%. 6. BSM to allow 39 building foundation landscaping points on side of main entrance, where code requires 62 points on side of main entrance. 7. Minimum 165 tall/medium evergreen tree landscaping points shall be provided to screen the south side of the drive-thru lane from the Oshkosh Ave. public right-of-way. 8. Final landscaping plan shall be reviewed and approved by the Department of Community Development. Page 9 Page 10 Page 11 Page 12 June 7, 2021 SIP Project Narrative Project: Popeyes Louisiana Kitchen Oshkosh Ave SmitCo Eateries is requesting Specific Implementation Plan (SIP) approval and a Conditional Use Permit for a new Popeyes Louisiana Kitchen quick-serve restaurant with drive through located on Oshkosh Ave. The site is zoned CBP-PD (Corporate Business Park-Planned Development). The parcel is part of the approved GDP, Resolution 18-144. A CSM is currently proposed to create the lot from overall tax parcel PID 91610870101. The area of the proposed lot is 0.69 acres and is currently vacant. The proposed site disturbance is 0.70 acres. The proposed Popeyes will be a single-story building with a 2,637 square foot footprint and will have a double drive through, detached waste enclosure, and on- site parking. Stormwater will be routed to the existing biofilter to the northwest of the property via onsite storm sewer. This biofilter as well as the Up-Flo filter to the northeast, were sized to accommodate the full development of the Westfield Development site. SIP Narrative Requirements: • Specific project themes and images o This is not a typical Popeyes prototype building and enhancements have been provided to meet or exceed City design standards. The front elevation facing Oshkosh Ave is brick veneer with rowlock bands separating a painted brick color change. One large storefront window centered in the main wall along with two narrower windows slightly recessed back to comply with the glazing requirement by the City. The side elevations have brown brick veneer towers with matching wainscot along the remainder of the elevations. Painted brick above the wainscot is also provided. The exterior is comprised entirely of Class I material (brick) which exceeds the City’s minimum 75% Class I material requirement. Awnings and Shutters provide relief from having a continuous material elevation. The buildings primary colors are white and brown with the Popeyes Brand Orange and Teal providing accents. • Specific mix of land uses o The proposed use will include a quick serve restaurant with drive through that is a conditional use in the CBP-PD (Corporate Business Park-Planned Development). • Specific nonresidential densities. o The proposed facility will be 2,637 sf. The proposed site will include 62.7% impervious surface (building, vehicle parking) and 37.3% open space. • Specific treatment of natural features Page 13 o The major natural feature near this property is Lake Butte des Morts and Lakeshore Park; these features are north of but not immediately adjacent to this development site. The proposed project will not negatively impact those natural features. The proposed development will compliment the other commercial properties along the Oshkosh Ave corridor and in this business park development. • Specific relationship to nearby properties and public streets o The proposed site is located on Oshkosh Ave and will be compatible with surrounding zoning. The site is part of the corporate business park development, which includes mixed retail uses. The building front will face Oshkosh Ave and access to the site will be from the interior parking lot of the business park development. The drive-through is proposed on the west side of the building and the and parking area will be on the east side. • 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. o The lot size is: 30,051 sf. The proposed site will contain a building footprint of 2,637 SF (0.06 ac), 16,195 SF (0.37 ac) of impervious surfaces, and 11,219 SF (0.26 ac) of open space. Based on the surface coverages, the proposed site is comprised of 62.7% impervious surfaces, and 37.3% open space. The proposed project will be completed in one phase. • 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. o The site is part of an existing approved GPD and the SIP is a requirement for this parcel. • A complete list of zoning standards that would not be met by the proposed SIP and the location(s) in which such exceptions/base standard modifications would occur. o Section 30-175(R)(2)(c) ▪ Stacking • 10 total vehicles will be accommodated in stacking for the double drive through. Required stacking is 100’ in front of the order station, 55’ between the order station and the pick-up window and 25’ after the pick-up window. 70’ is provided in front of each order station (140’ combined stacking length before order station). 65’ is provided between the order station and pick-up window. 40’ is provided after the pickup window. • Phasing Schedule o The proposed project is planned for 1 phase. • 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. o Developers agreement to be addressed between City and development owner. • How is SIP consistent with the approved GDP? o The project will utilize shared ground signage at the N Westfield intersection as well as the western entrance to the business park. Page 14 o The project will utilize shared access, cross access, signage and stormwater easements that have been provided. o The project will include enhanced landscaping and building design standards compatible with the adjacent development located within the planned development. o The project will positively contribute to the physical appearance and functional arrangement of development in the area. o Public infrastructure is adjacent to the development and will be utilized. Page 15 STAK E OU T IN F OR M A T IO N : VER IF Y S T A T I ON F O R I N L E T LOC AT IO N . R E F E R TO S T AK E OU T P OL IC Y FO R S T AK E OU T L OC A T I ON A N D OF F SE T S . STA K EO U T I N FO R M A T IO N : VER I F Y S T AT IO N F OR I N L E T LO CA T I O N . R E F ER T O S TA K EO U T PO L I C Y FOR S TA K EO U T LO C AT IO N A ND O F FS E TS .STAKEOUT INFORMATION:VERIFY STATION FOR INLETLOCATION. REFER TO STAKEOUT POLICYFOR STAKEOUT LOCATION AND OFFSETS.STAKEOUT INFORMATION:VERIFY STATION FOR INLETLOCATION. REFER TO STAKEOUT POLICY FOR STAKEOUT LOCATION AND OFFSETS. ARCHITECTS ● ENGINEERS ● SURVEYORS ©2021 EXCEL ENGINEERING, INC. PROJECT INFORMATION PROFESSIONAL SEAL COLLABORATION Always aBetter Plan 100 Camelot Drive Fond Du Lac, WI 54935 Phone: (920) 926-9800www.EXCELENGINEER.com SHEET NUMBER JOB NUMBER 2051340PROPOSED BUILDING FOR:POPEYES LOUISIANA KITCHENOSHKOSH AVE ● OSHKOSH, WINOT FOR CONSTRUCTIONPRELIMINARY DATES C1.1 CIVIL SITE PLAN JUN. 7, 2021 Page 16 SIP 0 OSHKOSH AVE PC: 7-06-2021 NORTH KOELLER STREET HOTEL ASSOC LLC 2 QUAIL CREEK CIR NORTH LIBERTY, IA 52317 CASEYS MARKETING CO PO BOX 54288 LEXINGTON, KY 40555 MARC A/MARLEEN FACUNDO 1803 OSHKOSH AVE OSHKOSH, WI 54902 AMANDA M GUMM 1743 OSHKOSH AVE OSHKOSH, WI 54902 SETH A SZWEDA 1731 OSHKOSH AVE OSHKOSH, WI 54902 RYAN C SMITH/SUSAN D LARSON 1735 OSHKOSH AVE OSHKOSH, WI 54902 PEGGY J SCHELL/TONY L BORCHERT 1719 OSHKOSH AVE OSHKOSH, WI 54902 NATHAN DEFATTE/MADELYN OTT 1725 OSHKOSH AVE OSHKOSH, WI 54902 LAKE SHORE DEVELOPMENT OF OSHKOSH LLC 230 OHIO ST 200 OSHKOSH, WI 54902 PRIME SPACE LLC 1325 N SUMMER RANGE RD DE PERE, WI 54115 CITY OF OSHKOSH PO BOX 1130 OSHKOSH, WI 54903 TIMOTHY/BRIGETTE SMITH 1705 OSHKOSH AVE OSHKOSH, WI 54902 DONALD G/RONECKA L BRUNNER 1811 OSHKOSH AVE OSHKOSH, WI 54902 SMITCO EATERIES - MARC RODRIGUEZ 155 E FANTINEL DR, SUITE D SPRINGDALE, AZ 72762 Page 17 Lakeshore Park OO SSHHKKOO SSHHAAVVNN KK OO EE LL LL EE RR SSTTN WE S T FIE L D S T N WE S T FIE L D S TFFOOUURRWWHHEEEELLDDRR C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/9/2021 1 in = 120 ft1 in = 0.02 mi¯0 OSHKOSH AVE0 OSHKOSH AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 18 Lakeshore Park Red Arrow ParkOshkosh City LimitOshkosh City Limit!"#$41 !"#$41 OO SSHHKKOO SSHHAAVVNNKKOOEELLLLEERRSSTTNNWWAASSHHBBUURRNNSSTTO M R O R DOMRO R D N EAGLE STN EAGLE STPUNHOQUA STPUNHOQUA STNNWW EE SS TTFF IIEELLDDSSTTROBIN AVROBIN AV HAWK STHAWK STN LARK STN LARK STLOCUST STLOCUST STNNKK OO EE LL LL EE RR SS TT SAWTELL CTSAWTELL CTRRAA TTHH LLAA REPP AVREPP AV CATHERINE AVCATHERINE AV BUCHANAN AVBUCHANAN AV MAPLE AVMAPLE AV COOLIDGE AVCOOLIDGE AV FF OO UU RR WW H H EEEELLDDRRC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/10/2021 1 in = 500 ft1 in = 0.09 mi¯0 OSHKOSH AVE0 OSHKOSH AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 19 Lakeshore Park OO SS HH KK OO SS HH AA VV NN KK OO EE LL LLEERRSSTTN WE S T FIE L D S T N WE S T FIE L D S T C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/9/2021 1 in = 100 ft1 in = 0.02 mi¯0 OSHKOSH AVE0 OSHKOSH AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 20