HomeMy WebLinkAbout16. 22-425OCTOBER 11, 2022 22-425 ORDINANCE
(CARRIED 7-0 LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE ZONE CHANGE FROM SUBURBAN MIXED USE
DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A
PLANNED DEVELOPMENT OVERLAY (SMU-PD) FOR
PROPERTY LOCATED AT 2101 WEST 9TH AVENUE
INITIATED BY: BRAVEHART DEVELOPMENT – MAU & ASSOCIATES
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-
387 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS.
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 30-387 of the Oshkosh Municipal Code pertaining to
Zoning Districts and the map therein described is hereby amended by changing the
district character of the property located at 2101 West 9th Avenue from Suburban Mixed
Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay
(SMU-PD).
BEING ALL OF CERTIFIED SURVEY MAP NUMBER 2082 RECORDED AS
DOCUMENT NUMBER 731475, WINNEBAGO COUNTY REGISTER OF DEEDS, AND
½ OF THE ADJACENT RIGHTS-OF-WAY OF W. 9TH AVENUE AND S. WASHBURN
STREET, ALL LOCATED IN THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF
SECTION 28, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH,
WINNEBAGO COUNTY, WISCONSIN.
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
OCTOBER 11, 2022 22-425 ORDINANCE
CONT’D
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted
Ordinance #22-425 APPROVE ZONE CHANGE FROM SUBURBAN MIXED
USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A PLANNED
DEVELOPMENT OVERLAY (SMU-PD) FOR PROPERTY LOCATED AT 2101 WEST
9TH AVENUE on October 11, 2022. This ordinance changes the zoning of the properties
located at 2101 West 9th Avenue from Suburban Mixed Use District (SMU) to Suburban
Mixed Use District with a Planned Development Overlay (SMU-PD). The full text of the
Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on
the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons, Planning Services Manager
DATE: September 22, 2022
RE: Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban
Mixed Use District with a Planned Development Overlay (SMU-PD) for Property
Located at 2101 West 9th Avenue
BACKGROUND
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). The subject site
is located at the southwest corner of West 9th Avenue and South Washburn Street and consists
of a bank with drive-thru window and associated parking. The site is zoned Suburban Mixed
Use District (SMU). The surrounding area consists of residential uses to the west along West 9th
Avenue and commercial uses to the north, south, and east. The 2040 Comprehensive Land Use
Plans recommends Interstate Commercial use for the subject area.
ANALYSIS
The applicant is requesting a zone change to add a Planned Development Overlay for the subject
site. This request is intended to provide some flexibility to the zoning ordinance to accommodate
redevelopment of the site for a drive-thru coffee shop. The applicant has submitted preliminary
plans for commercial development of the property, which will be addressed as General
Development Plan (GDP). Staff is supportive of the proposed rezone as it will also assist
redevelopment of the site and provide further review to mitigate potential impacts on
neighboring properties.
RECOMMENDATION
The Plan Commission recommended approval of the zone change on September 20, 2022. Please
see the attached staff report and meeting minutes for more information.
Respectfully Submitted, Approved:
Mark Lyons Mark A. Rohloff
Planning Services Manager City Manager
WW 99TTHHAAVV
SS
WWAA
SS
HH
BB
UU
RR
NN
SS
TT
WW99TTHH AA VV
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 9/6/2022
1 in = 120 ft1 in = 0.02 mi¯2101 W 9TH AVE2101 W 9TH 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
ITEM: ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO
SUBURBAN MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT
OVERLAY (SMU-PD) AND APPROVAL OF A GENERAL DEVELOPMENT
PLAN FOR PROPERTY LOCATED AT 2101 W 9TH AVENUE
Plan Commission meeting of September 20, 2022.
GENERAL INFORMATION
Applicant: Bravehart Development – Mau & Associates
Property Owner: Associate Bank NA
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). The applicant
also requests approval of General Development Plan for a commercial development.
Applicable Ordinance Provisions:
Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance.
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Background Information:
The subject site is located at the southwest corner of W. 9th Ave. and S. Washburn St. and consists
of a bank with drive-thru window and associated parking. The site is zoned Suburban Mixed Use
District (SMU). The surrounding area consists of residential uses to the west along W 9th Ave.
and commercial uses to the north, south, and east. The 2040 Comprehensive Land Use Plans
recommends Interstate Commercial use for the subject area.
Subject Site
Existing Land Use Zoning
Commercial SMU
Recognized Neighborhood Organizations
None
ITEM IV: Rezone & GDP 2101 W. 9th Ave. 2
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial SMU
South Commercial SMU
East Commercial SMU
West Residential SR-5
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation Interstate Commercial
ANALYSIS
Zone Change
The applicant is requesting a zone change to add a Planned Development Overlay for the subject
site. This request is intended to provide some flexibility to the zoning ordinance to accommodate
redevelopment of the site for a drive-thru coffee shop. The applicant has submitted preliminary
plans for commercial development of the property, which will be addressed as General
Development Plan (GDP) review to follow.
Staff is supportive of the proposed rezone as it will also assist redevelopment of the site and
provide further review to mitigate potential impacts on neighboring properties.
Use/Site Design
The applicant is proposing a drive-thru restaurant including patio area on the south side of the
building and 15 parking stalls, utilizing access from W. 9th Avenue and S. Washburn Street. The
proposed use is permitted in SMU district.
Rezone to SMU-PD
ITEM IV: Rezone & GDP 2101 W. 9th Ave. 3
This proposal was discussed at a Plan Commission workshop on July 19, 2022. Plan Commission
voiced support for the concept plans and recommended that the drive-thru pick up window not be
on the street side of the building and that cross access drives be provided to the neighboring
properties if possible.
With approval of the rezone, the applicant is requesting base standard modifications (BSMs) for
reduced front setback along W. 9th Avenue to approximately 0’ and along S Washburn Street to 6’
1” for the parking lot/drive-lane, where code requires a 25’ front setback. The applicant is also
requesting BSMs to allow a drive-thru lane with a 7’ 10” side (west) setback and 2’ 2” side (south)
setback for a dumpster enclosure, where code requires a 10’ side yard setback. The proposed
impervious surface ratio for the site is 67.3%, which is under the maximum of 70%. This is a
reduction from the existing impervious surface ratio of approximately 84%.
A BSM will be required for reduced drive-thru lane length in front of the order station. The plan
shows approximately 40’ of stacking length in front of the order stations, where code requires
100’ in front of each order station. Staff does not have concerns with the stacking length
reduction as two order stations are provided to allow for a total of 4 vehicles stacked in front of
the order stations. Also, the drive-thru lane entrance is to the rear of the building and will not
result in vehicles waiting near the entrance to the site. This BSM will be addressed during the SIP
phase.
ITEM IV: Rezone & GDP 2101 W. 9th Ave. 4
Staff is supportive of the requested BSMs as the unique lot configuration results in difficulties
meeting these code requirements. Specifically, the site is irregularly shaped, double-fronted and
has an unusually large right-of-way/terrace area. Also, the proposed site design will reduce the
level of impervious surfaces as compared to the existing site. Staff is recommending that the
applicant offset the requested BSMs by increasing the landscaping beyond the minimum point
requirement and/or enhancing the exterior building materials beyond the 50% class I material
requirement. This can be addressed during the SIP process.
Signage
Sign renderings were not included with this request, however the submitted site plan show a
monument sign within the terrace and the exterior images show wall signage. The ground sign
will need to be removed from the terrace and the wall signage will need to be compliant with
SMU standards of 1 sq. ft. of wall signage per linear foot of building frontage. Signage plans will
be addressed as part of the SIP phase.
Landscaping
A landscape plan was not included with the submittal. The applicant will need to meet all
landscaping requirements for building foundations, street frontages, paved areas, yards, or apply
for base standard modifications as part of the SIP process. A 0.4 opacity bufferyard is required
along the west property line as it is abutting an SR-5 zoning district. The 0.4 opacity bufferyard
requires a minimum 10’ bufferyard (setback) which is not being provided. A BSM will be
required for reduced bufferyard to 7’ 10”, as proposed.
Staff is supportive of the reduced bufferyard along the west property line due to the
aforementioned site constraints. Also, the bufferyard will be increased from the existing
approximate 5’ bufferyard. Staff has been in communication with the owner of the neighboring
property to the west, and anticipates the site will be rezoned and developed for commercial use in
the near future, which would eliminate the need for meeting bufferyard requirements.
Storm Water Management/Utilities
The Department of Public Works has reviewed the plans and did not note any concerns. Storm
water management for the site will be addressed during the SIP and Site Plan Review processes.
Site Lighting
Lighting plans for the site have not yet been submitted. Lighting plans will be required to be
submitted as part of the SIP request.
Building Facades
Building elevation plans were not included, however images of the anticipated building exterior
were provided which appear to include glazing and brick/stone as class I materials. The
applicant will need to meet the 50% class I material allotment for the front and side facades or
apply for a BSM to allow alternative materials. This will be addressed during the SIP phase.
ITEM IV: Rezone & GDP 2101 W. 9th Ave. 5
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Zoning Map
amendment, staff recommends the Plan Commission make the following findings based on the
criteria established by Chapter 30-381 (D)(2):
(a) Advances the purposes of this Chapter as outlined in Section 30-03 and the
applicable rules of Wisconsin Department of Administration and the Federal
Emergency Management Agency.
(b) Is in harmony with the Comprehensive Plan.
(c) Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts.
(d) Addresses any of the following factors that are not properly addressed on the
current Official Zoning Map:
(iii) Factors have changed (such as new data, infrastructure, market conditions,
development, annexation, or other zoning changes), making the subject
property more appropriate for a different zoning district.
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.
ITEM IV: Rezone & GDP 2101 W. 9th Ave. 6
(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.
(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.
Staff recommends approval of the Rezone and General Development Plan with the findings listed
above and the following conditions:
1. All requested base standard modifications (BSM) will be addressed as part of the Specific
Implementation Plan (SIP) application.
The Plan Commission recommended approval of the zone change and General Development Plan
on September 20, 2022. The following is their discussion on the item.
Site Inspections Report: No commissioners reported visiting the site.
Staff report accepted as part of the record.
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). The applicant
also requests approval of General Development Plan for a commercial development.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The applicant is requesting a zone change to add a
Planned Development Overlay for the subject site. This request is intended to provide some
flexibility to the zoning ordinance to accommodate redevelopment of the site for a drive-thru
coffee shop. The applicant has submitted preliminary plans for commercial development of the
ITEM IV: Rezone & GDP 2101 W. 9th Ave. 7
property, which will be addressed as General Development Plan (GDP) review to follow. Staff is
supportive of the proposed rezone as it will also assist redevelopment of the site and provide
further review to mitigate potential impacts on neighboring properties. The applicant is
proposing a drive-thru restaurant including patio area on the south side of the building and 15
parking stalls, utilizing access from W. 9th Avenue and S. Washburn Street. The proposed use is
permitted in SMU district.
This proposal was discussed at a Plan Commission workshop on July 19, 2022. Plan Commission
voiced support for the concept plans and recommended that the drive-thru pick up window not
be on the street side of the building and that cross access drives be provided to the neighboring
properties if possible. Staff recommends approval with the findings and conditions as stated in
the staff report.
Mr. Perry opened up technical questions to staff.
Ms. Scheuermann asked if there was anything that Plan Commission had recommended that the
applicant did not take into consideration.
Mr. Lyons said that the primary discussion in the workshop was orientation of the site. They had
two options and on the fly came up with this option for Plan Commission. There are still a
number of things to work through during the SIP process, but the layout is what was wanted in
order to present today.
Ms. Scheuermann asked if it is common at this point they don’t have signage, landscaping and
other items ready because it comes back to the Plan Commission.
Mr. Lyons said that is correct. The GDP is in place to get a base level approval for investing
additional time and resources.
Mr. Mitchell asked where the mechanicals would be located on the building and if that could be
addressed further in the process.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Brad Rymer (Mau & Associates) 400 Security Way, Green Bay; said that there are no exterior
mechanicals other than the meter. The redevelopment of the site fits the neighborhood and will
help push development.
There were no public comments on this item.
Mr. Perry closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
ITEM IV: Rezone & GDP 2101 W. 9th Ave. 8
Motion by Mitchell to adopt the findings and recommendation as stated in the staff report.
Seconded by Davey.
Mr. Perry asked if there was any discussion on the motion.
Mr. Loewenstein asked where the traffic would go if there was a long line.
Mr. Lyons said that one of the items that was discussed during the workshop was the turnover
time for their products. They have a short turnover time and should eliminate the issue. If it were
to arise, the drive aisle could handle additional stacking if necessary.
Ms. Davey asked if traffic wants to leave on 9th Ave, where the traffic is coming from.
Mr. Slusarek said they can enter on Washburn and exit out on 9th Ave.
Mr. Lyons said most of the lot is a two way drive aisle except for the drive aisle along 9th Ave.
Motion carried 7-0.
DocuSign Envelope ID: C3F251C6-198A-45A6-9055-3C46191ACF1E
414 9307948
8/22/2022
david.knight@associatedbank.com X
DocuSign Envelope ID: 7277C8F3-7C2E-4A28-A9D3-AD5F7ACCF243
8/22/2022
930-7948 414 david.knight@associatedbank.com
Rezone Request
Parcel: 91311930000
2101 West 9th Avenue
BraveHart Development
-Scooters Coffee
Consultant:
Mau and Associates
August 16, 2022
Statement describing the general character of the intended development.
BraveHart Development is seeking a rezone request from SMU (suburban mixed use) to SMU with
PD (Planned Development) at 2101 West 9th Avenue. The purpose of the request is to allow for a
new Scooters Coffee to be constructed at parcel 91311930000. The site is currently a vacant bank.
The bank building would be demolished to allow for a new building to be constructed. The existing
bank site currently is non-conforming. The pavement (parking area) is not compliant with the side
and rear yard setbacks. The impervious surface area is above the allowable amount and the driveway
entrance is within 50 feet of the residential zoning. These three items are being requested to remain
as part of the new planned development.
Parcel Notes:
Existing zoning:
SMU – suburban mixed use
Proposed:
SMU with PD (planned development)
All contemplated land uses within the tract
Scooters Coffee to be built on the parcel.
Proposed circulation systems
Traffic to enter through existing access points off West 9th Avenue and South Washburn Street.
Customer and employee parking to be located in the front and side of building.
Existing rights-of-way and easements which may affect the rezone
None
General landscape treatment
The site is currently a vacant bank building. Any existing trees which would not be disturbed as
part of the new development will stay. Landscaping around the building and parking lot will come
with the new build. A full landscape plan will be submitted with site plan review for the coffee shop
pending rezone approvals and will meet code requirements.
Legal Description:
Lot 1, Certified Survey Map Number 2082, in the Northeast ¼ of the Northeast ¼ of Section 28,
T18N-R16E, in the City of Oshkosh, Winnebago County, Wisconsin
SCOOTER'SCOFFEECOFFEE HOUSE1,649 SFDO NOTENTERDRIVETHRUONLYDRIVETHRUONLYVAN
2101 W 9TH AVE
REZONE/GDP
PC: 9/20/2022
CITY OF OSHKOSH
PO BOX 1130
OSHKOSH, WI 54903
STEVEN/REGINA SOBOJINSKI
909 S WASHBURN ST
OSHKOSH, WI 54904
GAIL L DEMLER
2115 W 9TH AVE
OSHKOSH, WI 54904
ASSOCIATED BANK NA
433 MAIN ST
GREEN BAY, WI 54301
MAU & ASSOCIATES
400 SECURITY BLVD
GREEN BAY, WI 54313
WW 99TTHHAAVV
SS
WWAA
SS
HH
BB
UU
RR
NN
SS
TT
WW99TTHH AA VV
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 9/6/2022
1 in = 120 ft1 in = 0.02 mi¯2101 W 9TH AVE2101 W 9TH 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
SR-5 SMU
I
SMU-PD
MR-12
MR-12
SR-5
SMU-PD
I
I
DR-6
I-PD
I-PD
SMU-PDSR-5
SMU-PD
DR-6
MR-12
MR-12
I
I
DR-6
SMU-PD
NMU
Westhaven Golf Course
!"#$41
!"#$41
WW 99 TT HH AAVV
SSWWAASSHHBBUURRNNSSTTSSKKOOEELLLLEERRSSTTGGRREEEENNFFIIEELLDDTTRRABBEY AVABBEY AV
MM AA RR IICC OO PPAA DDRRHERITAGE TRHERITAGE TRGGRRAACCEELLAANNDDDDRRLILAC STLILAC STCCUUMMBBEERRLLAANNDDTTRRMORELAND STMORELAND STGOLDEN AVGOLDEN AV
AARRDDMMOO
RR
EE
TTRRHENNESSY STHENNESSY STCCAAMMDDEE
NNL
L
A
A
DD II CC KKIINNSSOONN AAVV
KKIINNGGSS TT OO NNPPLLWW77TT HH AAVV
KATY CTKATY CT
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 9/6/2022
1 in = 500 ft1 in = 0.09 mi¯2101 W 9TH AVE2101 W 9TH 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
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 9/6/2022
1 in = 100 ft1 in = 0.02 mi¯2101 W 9TH AVE2101 W 9TH 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