HomeMy WebLinkAboutItem II
PLAN COMMISSION STAFF REPORT OCTOBER 18, 2022
ITEM II: SPECIFIC IMPLEMENTATION PLAN FOR A COMMERCIAL
DEVELOPMENT AT 2101 W 9TH AVENUE
GENERAL INFORMATION
Applicant: Bravehart Development – Mau & Associates
Property Owner: Associate Bank NA
Action(s) Requested:
The applicant requests approval of a Specific Implementation Plan for a commercial
development at 2101 W 9th Avenue.
Applicable Ordinance Provisions:
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.
On October 11, 2022, a zone change was approved to add a Planned Development overlay along
with a General Development Plan for commercial development (drive-thru coffee shop) on the
subject site.
Subject Site
Existing Land Use Zoning
Commercial SMU
Recognized Neighborhood Organizations
None
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial SMU
South Commercial SMU
East Commercial SMU
West Residential SR-5
Page 1
ITEM II: SIP 2101 W 9th Ave. 2
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation Interstate Commercial
ANALYSIS
Use
The applicant is proposing development of a drive-thru restaurant/coffee shop (Scooter’s). The
proposed development is a permitted use in the SMU district and is consistent with the
approved GDP for a drive-thru commercial use on the subject site.
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.
Site Design/Access
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.
Page 2
ITEM II: SIP 2101 W 9th Ave. 3
Required Provided
Parking Spaces Minimum: 6 Maximum: 25 15
Impervious Surface Maximum: 70% of lot 67.6% of lot
Minimum Provided
Front Setback (W. 9th Ave.) 25 ft. 1.52 ft. (drive aisle)
Street Side Setback (S. Washburn St.) 25 ft. 4.41 ft. (drive aisle)
Side Setback (west) 10 ft. 7.26 ft. (drive aisle)
Rear Setback (south) 25 ft. 1.66 ft. (drive aisle/refuse enclosure)
The site will have 15 parking stalls, which is within the allowable parking total for the site. The
total impervious surface ratio for the site is under the maximum of 70% for the SMU district. A
small patio area is included on the plan on the rear (south) side of the building.
The applicant is requesting base standard modifications (BSMs) for reduced front setback along
W. 9th Avenue to 1.52’ and along S. Washburn Street to 4.41’ 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 7.26’ side (west) setback and 1.66’ side (south) setback for a dumpster
enclosure, where code requires a 10’ side yard setback. Staff is supportive of the requested
BSMs for reduced setbacks as the unique lot configuration and abnormally wide public right-of-
way inhibit the ability to meet the setback requirements.
A BSM is also being requested for reduced drive-thru lane length in front of the order station.
The plan shows 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.
The proposed refuse enclosure is 6’ tall and has a concrete masonry unit (CMU) exterior. The
applicant is requesting a BSM for the proposed CMU exterior as code requires refuse enclosures
to be constructed of wood or material(s) used on the building. The applicant has stated the
CMU exterior was chosen as it is sturdier than wood and will require less maintenance. Staff is
not supportive of this BSM request as there does not appear to be a hardship preventing the
applicant from utilizing the code required material options.
Refuse enclosure
Page 3
ITEM II: SIP 2101 W 9th Ave. 4
Signage
The applicant is proposing a 30’ tall, 140 sq. ft. monument sign with a 14’ setback from the front
property line. A BSM is required for reduced setback as code requires a 25’ setback for ground
signage. Staff is supportive of the BSM for reduced setback as site constraints limit the ability to
meet the setback requirement. Also, as previously noted, there is an unusually wide public
right-of-way fronting the property (approximately 25’). The sign will be under the maximum
allowable ground sign area (200 s.f.) for the SMU district.
The proposed building elevations include wall signage on all building elevations. These signs
will be within the code maximum of 1 sq. ft. per linear foot of building frontage. Signage will
be addressed under a separate building permit.
Page 4
ITEM II: SIP 2101 W 9th Ave. 5
Landscaping
Points Required Points Provided
Building Foundation 74 (37 street side) 75.9 (41.7 street side)
Paved Areas
87 (26.1 tall trees, 34.8
shrubs)
131
(50 tall trees, 45 shrubs)
Street Frontage 310 (155 medium trees) 12 (0 medium trees)
Yards 33 128
TOTAL 504 346.9
Page 5
ITEM II: SIP 2101 W 9th Ave. 6
Building Foundation
The building foundation landscaping point requirement of 40 landscaping points per 100 linear
feet of building foundation is being met for the proposed building. The plan is also meeting the
requirement that 50% of the required points be on the street facing side of the building.
Paved Area
The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of
paved area is being met. The code further specifies 30% of all points will be devoted to tall trees
and 40% will be devoted to shrubs. Both of these requirements are being met. The plan is also
meeting the requirement that a deciduous tree be planted at all parking row end, but will also
need to provide an additional tree at each of the drive entrances. 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 landscaping
plan initially included tall trees to meet the street frontage point requirement, however staff had
concerns with the proposed tall trees along the front property line as the landscape area
between the front property line and drive lane ranges from 1.52’ to 4.41’. This is likely
insufficient space for tall trees to grow without extending into the public right-of-way. The
applicant re-submitted a landscape plan with the tall trees removed from the frontage and
bushes placed within the street frontage area.
Staff is recommending a BSM to allow some of the street frontage landscaping to be placed
further than 10’ from the public right-of-way as insufficient space exists along the frontage to
meet the point requirement. While the 310 street frontage points will need to be provided, staff
will work with the applicant to include smaller plantings along the front property line, with the
remainder of the required street frontage points being moved to other locations on the site.
Yards
Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The provided yard
landscaping points exceed this requirement.
Storm Water Management/Utilities
The Department of Public Works has reviewed the plans and noted that final submitted plans
are required to be in full compliance with the requirements of the City of Oshkosh Municipal
Code Chapter 14 for storm water management.
Site Lighting
The applicant submitted a photometric plan for the site. The lighting levels meet the .4 foot-
candle minimum requirement for parking areas, while not exceeding the maximum of .5 foot-
candles of light trespass at the side/rear property lines and 1.0 foot-candle at the right-of-way
line.
Page 6
ITEM II: SIP 2101 W 9th Ave. 7
The proposed 20’ light poles are under the maximum light fixture mounting height of 23’
(including 3’ base) for the SMU district and will have full cut-off fixtures per lighting code
requirements.
Building Facades
Section 30-243 of the zoning ordinance requires commercial buildings to be clad in 50% Class I
materials. The petitioner has provided elevations for the building. The applicant has provided a
material list and material breakdown for the building for each facade. The specific elevations
breakdown is as follows:
North (W. 9th Avenue): Class I – 83% Class III – 17%
East (S. Washburn Street): Class I – 56% Class III – 44%
West (side): Class I – 35% Class III – 65%
South (rear): Class I – 0% Class III – 100%
Page 7
ITEM II: SIP 2101 W 9th Ave. 8
Stone and glazing will be utilized on the front facades to meet the 50% Class I requirement. The
side (west) façade will be short of the 50% class I material requirement, which will require a
Base Standard Modification. The rear (south) façade is exempt from the requirement.
Staff is supportive of the requested BSM to allow 35% Class I materials on the side (west) façade
as the street facing facades exceed the 50% requirement, resulting in a total of 53% percent Class
I materials on the front and side facades. This serves to offset the requested BSM.
Overall Site
The applicant is requesting base standard modifications related to reduced setbacks, drive-thru
stacking, a specific landscaping requirement, and reduced Class I materials on a building
facade. Staff feels that the applicant can sufficiently offset these BSMs by increasing the
provided overall landscaping points to 125% the code requirement (630 points). The applicant
has also provided increased Class I materials on the street facing facades. Staff feels that the
overall site is complimentary to the surrounding area.
Page 8
ITEM II: SIP 2101 W 9th Ave. 9
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 consider 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.
(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 Specific Implementation Plan with the findings listed above
with the proposed following conditions:
1. Base Standard Modification for reduced front yard setback (W. 9th Ave.) to 1.52’, where
code requires a 25’ front yard setback.
2. Base Standard Modification for reduced front yard setback (S. Washburn St.) to 4.41’,
where code requires a 25’ front yard setback.
3. Base Standard Modification for reduced side yard (west) setback to 7.26’, where code
requires a 10’ side yard setback.
4. Base Standard Modification for reduced rear yard setback to 1.66’, where code requires a
25’ rear yard setback.
5. Base Standard Modification for reduced drive thru lane length in front of order station
to 40’, where code requires 100’ in front of each order station.
6. Base Standard Modification for reduced sign setback to 14’, where code requires a 25’
front setback.
Page 9
ITEM II: SIP 2101 W 9th Ave. 10
7. Base Standard Modification to allow street frontage landscaping with the drip line not
located within 10 feet of the public street right-of-way.
8. Base Standard Modification for reduced Class I materials on the west façade to 35%,
where code requires 50% of the façade devoted to Class I materials.
9. The applicant shall provide a minimum of 630 landscaping points for the site.
10. Final landscaping, lighting, and signage plans shall be reviewed and approved by the
Department of Community Development.
Page 10
Page 11
Page 12
Site Implementation Plan (SIP)
Parcel: 91311930000
2101 West 9th Avenue
BraveHart Development
-Scooters Coffee
Consultant:
Mau and Associates
September 19, 2022
Page 13
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.
Additional Site Implementation Items
The drive-thru length before the menu board does not meet the 100 feet length. Length for the drive-
thru has been split into two lanes, each roughly 40 feet in length. Landscaping requirements not met
include building foundation points not met, paved areas require 40% to shrubs, and 50% of street
frontage devoted to medium trees. Medium trees are proposed to provide some shade for the parking
lot causing shrubs to account for approximately 20% of the points. Street frontage point
requirements have been met with all shade trees. There are concerns with low hanging branches
from medium trees due to minimal distance from the edge of pavement to the property lines.
Page 14
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.
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
Page 15
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CIVIL & WATER RESOURCE ENGINEERING
LAND SURVEYING & PLANNING
Mau & Associates
Phone: 920-434-9670 Fax: 920-434-9672
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Page 16
2101 W 9TH AVE
SIP
PC: 10/18/2022
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
Page 17
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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
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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
Page 19
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
Page 20