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Home My WebLink AboutItem III PLAN COMMISSION STAFF REPORT OCTOBER 17, 2023 ITEM III: GENERAL DEVELOPMENT PLAN & SPECIFIC IMPLEMENTATION PLAN FOR A DRIVE-THROUGH RESTAURANT AT NORTHWEST CORNER OF JACKSON STREET & WEST SNELL ROAD (PARCEL 1260010000) GENERAL INFORMATION Applicant: CR Structures Group Inc Property Owner: 2350 Highway 44, LLC Action(s) Requested: The applicant requests approval of a General Development Plan and Specific Implementation Plan for a drive-through restaurant at the northwest corner of Jackson Street and West Snell Road. Applicable Ordinance Provisions: Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Background Information: The subject area consists of a 2.31-acre vacant lot located at the northwest corner of Jackson Street and West Snell Road. The site is zoned Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). The surrounding area consists of commercial uses to the north, south, and east, and residential uses to the west. The 2040 Comprehensive Land Use Plans recommends General Commercial use for the subject area. Subject Site Existing Land Use Zoning Vacant SMU-PD Recognized Neighborhood Organizations None Adjacent Land Use and Zoning Existing Uses Zoning North Commercial SMU-PD South Commercial Town of Oshkosh East Commercial SMU-PD West Residential SR-3 Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation General Commercial Page 1 ITEM III: GDP/SIP – 0 Jackson Street (parcel 1260010000). ANALYSIS Use The applicant has submitted plans for development of a drive-thru restaurant (Foodies Mediterranean Fusion). The proposed development is a permitted use in the SMU district. A neighborhood meeting was held on September 13, 2023, with no neighbors attending the meeting. Site Design/Access The proposed site will utilize an existing private road (Zion Street). The applicant has provided a cross-access agreement verifying access to the development from the private street. Required Provided Parking Spaces Minimum: 5 Maximum: 25 8 Impervious Surface Maximum: 70% of lot 36.5% of lot Minimum Provided Front Setback (Jackson St.) 25 ft. 98 ft. +/- (parking lot) Street Side Setback (W. Snell Rd.) 25 ft. 176 ft. +/- (drive-thru lane) Page 2 ITEM III: GDP/SIP – 0 Jackson Street (parcel 1260010000). Side Setback (north) 10 ft. 10 ft. (parking lot) Rear Setback (west) 25 ft. 25 ft. (drive-thru lane) The total impervious surface ratio for the site is under the maximum of 70% for the SMU district. The drive-thru lane is meeting the minimum stacking length for drive-thru restaurants. The plan is meeting all applicable setback requirements for the SMU district as well as drive- through lane stacking requirements of 100’ in front of each order station, 55’ between the order station and pick-up window, and 25’ after the pick-up window. The proposed plan shows the drive-through by-pass lane at approximately 10’ wide on the south side of the drive-through lanes, where code requires a minimum width of 14’ for one-way driveways. Staff is recommending that the by-pass lane be expanded to 14’ wide to meet code requirements for parking lot dimensions. The applicant is requesting a base standard modification (BSM) to allow the drive-through pick- up window on the south façade, facing W. Snell Rd., where code prohibits drive-through windows from being located between the principal building and the street right-of-way. Staff is supportive of the requested BSM as the pick-up window will be in the most suitable location, not facing the primary street or residential properties to the west. Also, the significantly increased setback of approximately 98’ from the W. Snell Rd. right-of-way mitigates the impacts of the drive-through window on a street-facing side of the building. The refuse enclosure will be constructed of wood fencing and gates and must be a minimum height of 6’ tall. Signage The applicant has provided plans for a monument sign and a wall sign facing Jackson St. The proposed monument sign is under the maximum height for monument signage of 15’ for the SMU district and is meeting the setback requirements. The wall sign area also appears to be within the maximum sign area of 1 sq. ft. per linear foot of building frontage. The site plan shows a drive-through sign for each drive-through lane, under a canopy. The drive-through signs will be limited to a maximum height of 8’ and maximum area of 24 sq. ft. A separate building permit will be required for signage. Page 3 ITEM III: GDP/SIP – 0 Jackson Street (parcel 1260010000). Landscaping 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 meeting the requirement that 50% of the required points be on the main entrance side of the building. Page 4 ITEM III: GDP/SIP – 0 Jackson Street (parcel 1260010000). 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. The plan is meeting the point requirement for tall trees and is meeting the point requirement for shrubs with 21 Dogwood plantings on the south side of the pavement. Code also requires a tall deciduous tree at the ends of all parking rows. The plan shows three State Street Miyabe on the north side of the parking stalls. Two of these trees will need to moved slightly to be at the ends of the parking rows. 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 is meeting these requirements. Yards Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The provided yard landscaping points exceed this requirement. The increased yard landscaping serves to offset the requested BSM for the drive-through pick-up window on a street-facing façade. Bufferyard A 0.6 opacity bufferyard is required along the west property line as the site is abutting an SR-3 zoning district. The plan shows a combination of 6’ tall solid wood fencing and 176 evergreen tree landscaping points along this property line. To meet bufferyard requirements, the applicant will need to provide a total of 750 evergreen tree landscaping points (example 17 Black Hills Spruce) and will need to place the fencing so that a minimum of 50% of the required landscaping points are on the exterior side of the fence. This can also be addressed during Site Plan Review. 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. They also noted that Water Service Connection shall be made with a tapping valve and sleeve and the valve shall be placed just off of the Main and the applicant will need to clarify who is maintaining the sanitary sewer system. These items will be addressed during Site Plan Review. Public Works has also noted that a new water main easement will be required to protect the water main running along Zion Street. The proposed easement will be 30’ wide and will require that the site’s landscaping features be kept out of the water main easement. The landscaping shown on the plan appears to be outside of the easement area, which will be verified during Site Plan Review. Page 5 ITEM III: GDP/SIP – 0 Jackson Street (parcel 1260010000). Site Lighting The applicant submitted a photometric plan for the site. The lighting levels meet the .4 foot- candle minimum requirement for parking areas and do not exceed the maximum of .5 foot- candles of light trespass at the property lines. The plan shows light fixtures at the maximum height of 23’ (including 3’ base) for the SMU district. Light fixtures must be shielded so that the lighting elements are not visible from neighboring residential properties. This will be verified during Site Plan Review. Building Facades Section 30-243 of the zoning ordinance requires commercial buildings to be clad in 50% Class I materials, with the rear façade being exempt from this requirement. The petitioner has provided elevations for the building as well as a material list and material breakdown for each facade. The specific elevations breakdown is as follows: East (front): Class I – 59.5% Class II & III – 40.5% South (side): Class I – 56.4% Class II & III – 43.6% North (side): Class I – 58.2% Class II & III – 41.8% West (rear): Class I – 60.4% Class II & III – 39.6% Page 6 ITEM III: GDP/SIP – 0 Jackson Street (parcel 1260010000). Exterior materials consist of glazing, brick veneer, and horizontal and vertical metal siding. All facades exceed the 50% Class I material requirement. 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. Page 7 ITEM III: GDP/SIP – 0 Jackson Street (parcel 1260010000). (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 General Development Plan and Specific Implementation Plan with the findings listed above with the proposed following conditions: 1. Base Standard Modification for a drive-through window located between the principal building and street right-of-way. 2. The drive-through by-pass lane shall have a minimum width of 14’. 3. Final landscaping plan shall be reviewed and approved by the Department of Community Development. Page 8 Page 9 Page 10 Page 11 Page 12 GDP/SIP 0 JACKSON ST PC: 10-17-2023 SNELL HOLDINGS LLC 4005 E BENVALLEY DR APPLETON WI 54913 DHAMI LLC 3709 S BOYD CT APPLETON WI 54915 KYLE T JENKINS 3710 PURPLE CREST CT OSHKOSH WI 54901 AMBER N GIBSON 3720 PURPLE CREST CT OSHKOSH WI 54901 TERRY L/SHARON L OGE 3730 PURPLE CREST CT OSHKOSH WI 54901 MICHAEL L/HOPE A KEPHART 3750 PURPLE CREST CT OSHKOSH WI 54901 DONALD L BANGERT JR 3780 PURPLE CREST CT OSHKOSH WI 54901 JERALD H/LINDA L ELMER 3790 PURPLE CREST CT OSHKOSH WI 54901 BERGSTROM AUBURN HILLS OF OSHKOSH INC 3650 JACKSON ST OSHKOSH WI 54901 ANJU OIL CORP 3700 JACKSON ST OSHKOSH WI 54901 SACL ENTERPRISES LLC 5241 BITTERSWEET LN OSHKOSH WI 54901 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH WI 54901 NORTH PARK NBHD ASSOC C/O CARMELLA UPTAGRAFT 75 FARMSTEAD LN OSHKOSH WI 54901 NORTH PARK NBHD ASSOC C/O THERESA GATCHEL 10 FARMSTEAD LN OSHKOSH WI 54901 Page 13 GOLDENIRIS DR PURPLE CREST DR ZION ST PURPLE CREST CT OLSON AV JACKSON STW SNELL RD Oshkosh City LimitOshkosh City Limit J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 9/19/2023 1 in = 120 ft1 in = 0.02 mi¯0 JACKSON ST,PARCEL 1260010000 City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 14 ZARLING AV WESTERN DR NIELSEN DR CHRISTIAN DR EICHSTADT RD ANDERSON ST PRAIRIECT GOLDEN IRIS DR WESTERN CT SHARRATT D R FARMINGTON AV HARVEST CT COBBLESTONE CT HARVEST DR FREEDOM AV OLSON AV PARKVIEW CT GLENDALE AV PURPLE CREST DR L O G A N D R LOGAN DR ZION ST SUMMERSET WAY SUMMERVIEW DR CHATEAU TER PRAIRIELA E SNELL RD JACKSON ST W SNELL RD N MAIN ST Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit Oshkosh City Limit Oshkosh City LimitOshkosh City Limit DR-6 DR-6DR-6 HI HI-PD I I I I MR-12 MR-12 MR-20-PD SMU SMU-PD SR-3 SR-3 SR-5 SR-5 SR-5 SR-9 J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 9/19/2023 1 in = 500 ft1 in = 0.09 mi¯0 JACKSON ST,PARCEL 1260010000 City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 15 ZION ST W SNELL RD JACKSON ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 9/19/2023 1 in = 100 ft1 in = 0.02 mi¯0 JACKSON ST,PARCEL 1260010000 City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 16