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HomeMy WebLinkAboutItem VII PLAN COMMISSION STAFF REPORT JUNE 4, 2024 ITEM VII: GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A DRIVE-THROUGH RESTAURANT LOCATED AT 555 SOUTH WASHBURN STREET GENERAL INFORMATION Applicant: Ben Witt Owner: Park Place Holdings LLC Action(s) Requested: The petitioner requests General Development Plan and Specific Implementation Plan approval for a drive-through restaurant at 555 South Washburn Street. Applicable Ordinance Provisions: Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Background Information Property Location and Type: The subject area included in this request consists of a 0.99-acre commercial property located on the west side of South Washburn Street, north of West 9th Avenue. The site had previously been utilized as a multi-tenant office building. The surrounding area consists primarily of commercial uses along with a City water tower and fire station immediately to the south. The 2040 Comprehensive Plan recommends Interstate Commercial land use for the subject property and the adjoining parcels. Subject Site Existing Land Use Zoning Commercial SMU Adjacent Land Use and Zoning Existing Uses Zoning North Commercial SMU South City fire station and water tower I East Interstate-41 SMU West Commercial SMU Comprehensive Plan Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Interstate Commercial Page 1 ITEM VII – GDP SIP – 555 S. Washburn St. ANALYSIS Use The applicant is proposing to demolish the existing building and parking lot on the subject site for development of a drive-through restaurant (Freddy’s Frozen Custard & Steakburgers). The proposed drive-through restaurant use is permitted in the SMU district. The plans also include an outdoor seating area on the front of the building, which is considered outdoor commercial entertainment and is permitted in the SMU district. Site Design Site Plan The proposed development will be accessed from a two-way entrance/exit to the site and will also utilize a shared two-way driveway to the north of the site. The site will also have shared driveway access along the rear (west) property line. The applicant has provided an easement document and stated that they have the ability to utilize the existing driveway. As this is a civil matter regarding property access, the City does not have the ability to review or enforce the provided easement document. Staff has received concerns regarding the access to/from the drive-through from the neighboring driveway to the north, as neighboring property owners had concerns regarding stacking and congestion of the shared driveway. The applicant held a neighborhood meeting at the site to Page 2 ITEM VII – GDP SIP – 555 S. Washburn St. discuss the project, however no neighbors were in attendance. Following the meeting, staff was notified that some of the neighboring property owners did not receive the invitation. The applicant coordinated a second, in person/virtual, meeting where the plans were discussed with the neighboring property owners who did not receive the first meeting invitation. The applicant has provided a traffic impact analysis (TIA) for the proposed site design. According to the TIA, the repurpose of the two existing driveways, which will access Freddy’s, are expected to operate safely and efficiently. The drive-through lane is not expected to back up beyond the available storage, as shown in the site plan, based on other similar Freddy’s restaurants in Wisconsin. The applicant is requesting base standard modifications (BSM) for reduced front and rear yard setbacks. As proposed, a portion of the parking lot will extend into the front yard to within 16’ of the right-of-way line. The proposed refuse enclosure placement will have a 1’ setback from the rear (west) property line. According to the applicant, the reduced setbacks are needed due to an ANR pipeline easement running through property which prohibits permanent structures from being placed within the easement. Staff does not have concerns with the setback reductions as the ANR easement limits the buildable area on the site. Also, the refuse enclosure will be abutting a neighboring parking area with shared driveway access. The reduced parking setback is also needed to provide the necessary parking for the site. The proposed setbacks will be consistent with reduced setbacks on the existing site. Required Provided Front Setback (east) 25 ft. min. 16 ft. Side Setback (north) 10 ft. min. 14 ft. (parking) Side Setback (south) 10 ft. min. 10 ft. (parking) Rear Setback (west) 25 ft. min. 1 ft. (pavement/refuse enclosure) Parking Min. 10 spaces Max. 25 spaces 25 spaces Impervious Surface 70% max. 54.5% Provided parking for the site meets the code requirement of 1 parking space per 300 sq. ft. of gross floor area for restaurant uses. The maximum number of parking stalls is 125% of the code minimum. However, up to 25 parking spaces are permitted for smaller developments that would have a maximum of less than 25 spaces. The applicant is proposing the maximum number of stalls allowed (25). Staff has received concerns that parking on the site will be insufficient to meet the needs of the restaurant and will result in overflow parking on the neighboring commercial Page 3 ITEM VII – GDP SIP – 555 S. Washburn St. sites. Staff feels that the provided parking will be sufficient as it more than doubles the minimum parking requirement per code. The proposed site layout is meeting the drive-through stacking length requirements of 100 ft. in front of each order station, 55 ft. between the order station and pick-up window, and 25 ft. after the pick-up window. The total proposed impervious surface area for the site is under the maximum of 70% for the SMU district. Signage The building elevations show wall signage on the front and side facades. Wall signage will be limited to a maximum of 1 sq. ft. per linear foot of building frontage per the sign ordinance. The applicant is proposing to remove the existing pylon sign and replace it with a new pylon sign. The proposed sign placement is within the 10’ side yard setback, at 3’ from the south property line. The applicant is requesting a BSM for the reduced setback as site constraints related to the ANR pipeline easement limit available area that meet setback requirements. Staff does not have concerns with the proposed BSM as the parking lot will be built to the south side setback and the sign placement will be consistent with that of the existing site. The side yard setback reduction for the sign should not have a negative impact on the adjoining City-owned property to the south. The sign will need to meet the front yard setback requirement and will be limited to 35’ in height and 200 sq. ft. per SMU standards. Lighting The provided photometric plan meets minimum lighting levels of 0.4 fc for parking/drive areas except for the western drive lane area. The applicant will need to verify that code-compliant lighting is provided for this area, which can be addressed during Site Plan Review. Lighting levels along the public right-of-way are under the maximum of 1.0 fc, but exceed the maximum of 0.5 fc along the north and south property lines. The applicant is requesting a BSM to allow increased lighting to 0.75 fc along the north property line and 0.99 fc along the south property line. According to the applicant, the increased lighting is needed due to limited available area for light pole placement. Staff does not have concerns with the increased lighting level along the north property line as it is adjacent to a shared driveway and is only minimally exceeding the code maximum. Staff also does not have concerns with the increased lighting along the south property line as it is adjacent to the Oshkosh Fire Dept. property. The Fire Dept. is supportive of the increased lighting level at the property line. Light fixtures will be full cutoff fixtures mounted at the maximum fixture height of 23’ (including 3’ high base) in the SMU district. Storm Water Management The applicant has been in contact with the Department of Public Works regarding storm water management for the site. Final storm water management plans will be reviewed during the Site Plan Review process. Landscaping Landscaping is required for building foundations, paved areas, street frontage, and yards. Page 4 ITEM VII – GDP SIP – 555 S. Washburn St. Landscape Plan Page 5 ITEM VII – GDP SIP – 555 S. Washburn St. 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. The applicant will need to relocate one of the medium evergreen shrubs to the street side of the building to meet the requirement that 25% of required points be along the street facing side. This can be addressed during Site Plan Review. 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 plan is also meeting the requirement that 30% of all points will be devoted to tall trees and 40% will be devoted to shrubs. Code also requires a shade tree at all parking row ends, which has been provided with the exception of the parking row end at the northeast corner of the site. This can also be addressed during Site Plan Review. 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 plan currently provides 117% of the required landscaping points. As multiple base standard modifications are being requested, staff is recommending the applicant provide 125% of the required landscaping to offset the BSMs. This would result in an additional 40 landscaping points and would be consistent with the level of landscaping that has typically been requested/approved to compensate for BSMs. 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 the front and side façades. The specific elevations breakdown is listed below. The elevations meet the 50% Class I material requirement and substantially exceed the Class I requirement on the front facade. This serves to offset requested BSMs. The proposed refuse enclosure will be clad in fiber cement composite wood siding to match material used on the principal building. East (front): Class I – 62.9% Class II & III – 37.1% South (side): Class I – 50.7% Class II & III – 49.3% North (side): Class I – 50.7% Class II & III – 49.3% West (rear): Not provided Page 6 ITEM VII – GDP SIP – 555 S. Washburn St. Page 7 ITEM VII – GDP SIP – 555 S. Washburn St. Page 8 ITEM VII – GDP SIP – 555 S. Washburn St. 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. (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 General Development Plan and Specific Implementation Plan with the findings listed above and with the proposed following conditions: 1. Base Standard Modification to allow reduced front yard setback to 16 ft. (pavement), where code requires a 25 ft. front yard setback. 2. Base Standard Modification to allow reduced rear yard setback for refuse enclosure to 1 ft., where code requires a 25 ft. rear yard setback. 3. Base Standard Modification to allow reduced side yard setback for ground sign to 3 ft., where code requires a 10 ft. side yard setback. 4. A minimum of 125% of the required landscaping points shall be provided. 5. Base Standard Modification to allow increased lighting level to 0.75 fc at the north property line and 0.99 fc at the south property line, where code allows a maximum lighting level of 0.5 fc. 6. Final landscaping, lighting, and signage plans shall be reviewed and approved by the Department of Community Development. Page 9 Page 10 Page 11 Page 12 3243: 04/03/2024 OSHKOSH, WISCONSIN EXHIBIT 2 PROPOSED DEVELOPMENT SITE PLANN NOT TO SCALE Page 14 GDP & SIP 555 S WASHBURN ST PC: 6-4-2024 PARK PLACE HOLDINGS LLC 1674 EISENHOWER RD DE PERE WI 54115-8145 GLOBUS LLC ATTN: RYAN 300 E WASHINGTON ST STE 2A APPLETON WI 54911-5468 LARJEN LLC 509 S WASHBURN ST OSHKOSH WI 54904-7949 SVC ABS LLC 255 WASHINGTON ST STE 270 NEWTON MA 02458-1634 Page 15 ABBEY AV S WASHBURNST S W ASHBURN ST !"#$41 !"#$41 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: 4/29/2024 1 in = 120 ft1 in = 0.02 mi¯555 S WASHBURN ST 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 WWEESSTTPPOOIINNTTEE DDRR ABBEY AV W 5TH AV GOLDEN AV HERITAGETR GREENFIELD TR S WESTF IE L D ST ARDMO R E T R W 7TH AVW7THAV CUMBERLAND TR CUMBE R L A N DTR MORELAND ST LILAC ST GRACELAND DR S WESTFIELD ST ASPIRE LA G REE NFIELDTR HENNESSY ST WITZEL AV W 9TH AVW 9TH AV WITZEL AV W9TH AV W I T Z EL AV W I T Z E L AV S W ASHBU R N S T S WASHBURN ST S WASHBURN ST W 9TH AV W 9 T H AV S KOELLER ST SKOEL L ER ST SK O E L L ER ST S KOELLER ST !"#$41 !"#$41 DR-6 DR-6DR-6 DR-6 I I I I I I I-PD MR-12 MR-12 MR-12 MR-12 MR-12 MULTIPLE NMU NMU-PD SMU SMU-PD SMU-PD SMU-PD SMU-PD SMU-PD SR-5 SR-5 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: 4/29/2024 1 in = 500 ft1 in = 0.09 mi¯555 S WASHBURN ST 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 17 S W ASHBURN ST S WASHBURN 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: 4/29/2024 1 in = 100 ft1 in = 0.02 mi¯555 S WASHBURN ST 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 18