HomeMy WebLinkAboutItem IV
PLAN COMMISSION STAFF REPORT APRIL 2, 2024
ITEM IV: SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR
ELECTRONIC MESSAGE CENTER AT 2350 STATE ROAD 44
GENERAL INFORMATION
Applicant: Mid-State Sign Service LLC
Owner: Moe Zafarani
Action(s) Requested:
The petitioner requests approval of a Specific Implementation Plan (SIP) amendment
for a new electronic message center sign (EMC).
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 is a 1.54-acre property located on the north side of State Road 44, west
of South Washburn Street. The property is zoned Business Park District with a Planned
Development Overlay (BP-PD) and contains an existing drive-thru restaurant building.
The surrounding area consists of commercial uses along State Road 44 and industrial
uses to the north. The 2040 Comprehensive Plan recommends Interstate Commercial
use for the subject property. The property is located within the Universal Business
Park.
In 2014, a Conditional Use Permit (CUP)/Planned Development (PD) was approved for
a drive-thru restaurant at the subject property (Resolution 14-469). In 2016, a PD
amendment was approved to allow a 25 sq. ft. (per side) EMC (Resolution 16-96).
Subject Site
Existing Land Use Zoning
Commercial BP-PD
Adjacent Land Use and Zoning
Existing Uses Zoning
North Industrial HI
South Commercial BP & SMU
East Commercial HI
West Commercial BP-PD
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ITEM IV - SIP Amendment – 2350 State Rd. 44
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Interstate Commercial
ANALYSIS
Use
No changes are being proposed to the use of the property, as it will remain a drive-thru
restaurant.
Site Design
The applicant is not proposing any changes to the existing site design.
2023 Aerial Photo
Lighting
No changes are being proposed to existing lighting for the site.
Signage
The applicant is proposing to remove the existing monument signage, including a 25 sq.
ft. EMC and 22.36 sq. ft. static sign cabinet above the EMC, and has submitted plans for
a new 38.6 sq. ft. EMC to be placed on the existing monument sign base. The existing
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ITEM IV - SIP Amendment – 2350 State Rd. 44
sign meets setback requirements with a 30’ front setback, which will not change with
this request.
The Business Park zoning district (BP) allows EMC signage of up to 100 sq. ft. per lot.
However, the Universal Business Park covenants prohibit EMCs. The previously
approved Planned Development amendment (2016) limited the EMC to 25 sq. ft. The
applicant is requesting approval of an increased EMC size to 38.6 sq. ft. In addition to
Planned Development amendment approval, a variance to the Universal Business Park
covenants would be required to allow the increased EMC size.
According to the applicant, the increased EMC area is needed to provide greater
visibility for the new drive-thru restaurant (Foodie’s). The applicant believes that the
previous drive-thru restaurants at this site (Taco John’s and Pizza @ 44) failed due to
lack of visibility from the street.
Staff has concerns with allowing additional EMC signage area as the applicant already
has the ability to utilize 25 sq. ft. of EMC area, while neighboring businesses along State
Road 44 within the Universal Business Park are prohibited from installing an EMC.
Staff also feels that a larger EMC at the subject site will be incompatible with the
character of the surrounding area as only one nearby property along State Road 44 has
an existing EMC (Verve Credit Union). This EMC is 11.65 sq. ft. (per 2006 building
permit), which is smaller than the existing EMC on the subject site. The proposed larger
EMC would be of a higher intensity than the existing static signs and single, relatively
small, EMC on the neighboring properties and therefore may have an adverse impact
on the surrounding area.
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ITEM IV - SIP Amendment – 2350 State Rd. 44
Per Universal Business Park covenants, the applicant has the ability to install up to 50
square feet of static monument sign area, with the sign being limited to a maximum
height of 10 feet.
2022 Google Streetview looking east from subject property entrance
2022 Google Streetview looking west from subject property entrance
Landscaping
As no additional building or parking areas are being proposed, no additional
landscaping is required for this project.
Design Standards
This request did not include revised building elevations.
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):
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ITEM IV - SIP Amendment – 2350 State Rd. 44
(a) The proposed Planned Development project would set precedent for allowing
a sign type that is prohibited for properties within the Universal Business Park.
(b) The proposed Planned Development project is not compatible with
adjacent/nearby development as neighboring properties do not have similar
signs and are prohibited from installing such signs.
(c) The proposed Planned Development project will not positively contribute to
and may detract from the physical appearance and functional arrangement of
development in the area. The proposed sign type is of a higher intensity than
signs on neighboring properties.
Staff recommends denial of the Specific Implementation Plan amendment as proposed
with the findings listed above. If approved, staff recommends the following condition:
1. Variance from Universal Business Park covenants required for increased EMC
sign area to be reviewed and approved by Greater Oshkosh Economic
Development Corporation (GOEDC).
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·$44
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: 2/26/2024
1 in = 50 ft1 in = 0.01 mi¯2350 STATE ROAD 44
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
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SIP AMENDMENT
2350 STATE RD 44
PC: 4-2-2024
C E S A 6
2935 UNIVERSAL CT
OSHKOSH WI 54904
2350 HIGHWAY 44 LLC
PO BOX 7303
APPLETON WI 54912
HWY 44 BUSINESS PLACE LLC
C/O TOM SCHARPF
1621 MARICOPA DR
OSHKOSH WI 54904
RLR INVESTMENTS LLCE
600 GILLAM RD
WILMINGTON OH 45177
CRH PROPERTIES LLC
2375 STATE ROAD 44 STE A
OSHKOSH WI 54904
HCP DERMATOLOGY ASSOC LLC
SILA REALTY TRUST
1001 WATER ST STE 800
TAMPA FL 33602
SPRINT EDWARDS PROP LLC
2325 STATE ROAD 44
OSHKOSH WI 54904
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ENTERPRISE DR
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·$44
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: 2/26/2024
1 in = 220 ft1 in = 0.04 mi¯2350 STATE ROAD 44
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 13
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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: 2/26/2024
1 in = 600 ft1 in = 0.11 mi¯2350 STATE ROAD 44
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
ENTERPRISE
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·$44
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: 2/26/2024
1 in = 200 ft1 in = 0.04 mi¯2350 STATE ROAD 44
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