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PLAN COMMISSION STAFF REPORT MARCH 5,2019 ITEM I: COMMERCIAL DESIGN STANDARDS VARIANCE TO ALLOW A COMMERCIAL BUILDING NOT PREDOMINATELY CLAD IN CLASS I MATERIALS AND ACCESS CONTROL VARIANCE FOR REDUCED LATERAL CLEARANCE AND DRIVEWAY SPACING AT 831 N. WASHBURN STREET GENERAL INFORMATION Applicant: Halle Properties,LLC Property Owner: 831 Washburn,LLC Action(s)Requested: The applicant is requesting approval of the following variances at 831 N Washburn Street: 1. Commercial Design Standards Variance to allow a new commercial building with less than 50% of total building facades clad in Class I materials. 2. Access Control Variance to allow reduced lateral clearance to 44.8' where code requires 75' and reduced driveway spacing to 109.3' (north) and 67.7' (south) where code requires 125 . Applicable Ordinance Provision the Variance is being requested: Code Reference Regulation Section 30-243(C) Commercial buildings shall be predominantly clad in Class I materials. Class II and Class III materials may be used as accents and trim not to exceed 50 percent of the total building facade. Class IV materials are prohibited. The Access Control Ordinance, Section 25-104.1(I) of the Municipal Code. Property Location and Background: The subject property is a vacant commercial lot located on the west side of N. Washburn Street and is approximately 55,242 square feet(1.26 acres) in area. The lot recently contained residential structures that were razed in 2018. The Bar is located immediately south of subject site and the Dicks Sporting Goods site is to the north. The surrounding area consists of predominantly commercial uses. The subject property and surrounding properties are zoned Suburban Mixed Use (SMU). The applicant is proposing to redevelop the site for a new commercial use(Discount Tire). ITEM I-831 N. Washburn St—DSV&ACV ] Page 1 Subject Site Existing Land Use Zoning Vacant SMU Adjacent Land Use and Zoning Existing Uses Zoning North Dicks Sporting Goods/Petsmart SMU-PD South The Bar SMU East Highway 41 SMU West Vacant SMU Comprehensive Plan Land Use Recommendation Land Use Interstate 2040 Land Use Recommendation Commercial ANALYSIS: Design Standards Variance The City's Zoning Ordinance establishes design standards for new construction and additions with the overall purpose/intent to: "Regulate the design and materials used for the exterior of buildings and structures zvithin the City so as to maintain and enhance the attractiveness and values of property in the community." The Plan Commission is authorized to grant variances from the strict application of the standards when it is determined that one or more of the following apply: 1. The variance will not be contrary to the public interest. 2. Substantial justice will be done by granting the variance. 3. The variance is needed so that the spirit of the ordinance is observed. 4. Due to special conditions,a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship. 5. The variance will not allow an alteration of a historic structure, including its use,which would preclude its continued designation as a historic structure. The petitioner is proposing to develop a new commercial site, including a 10,904 square foot building and 29,509 square foot parking lot. According to the application/plans, 12%of the north fagade,30% of the south fagade, 70% of the east facade and 0% of the west fagade will be clad in Class I materials. The east fagade meets the required 50% Class I material requirement and west(rear) fagade is exempt from the requirement. A design standards variance is required for the north and south facades to be less than 50% Class I materials. The Class I materials (12%) on the north fagade will be mainly brick veneer and glass windows while the remainder of the fagade will be primarily split-face C.M.U. (Class II). According to the applicant,providing additional Class I materials on the north fagade would change the ITEM I-831 N. Washburn St—DSV&ACV 2 Page 2 corporate standard finishes and trade dress as well as increase the project complexity.Along with this,most of the fagade is hidden from view by the adjacent building(Dicks Sporting Goods) and the most visible (front) portion of the fagade is wrapped with glass showroom area. The Class I materials (30%) on the south fagade will also be mainly brick veneer and glass with the remainder of the fagade being utilized for overhead doors along with split-face C.M.U. According to the application, additional Class I materials on this fagade is not feasible due to the need for solid service bay and access doors,which need to be solid materials for both security and energy purposes. This fagade also is wrapped with glass showroom area on the most visible (front)portion. Staff believes that the reduction in Class I materials, as proposed,will not be contrary to the public interest as the building will still be attractive in appearance as the front(east)fagade has increased Class I materials and the most visible portions of the north and south facades will also be primarily Class I materials. Staff also feels that in this case, enforcement of the design standards results in unnecessary hardship. Specifically, the need for overhead doors on the south fagade results in difficulty meeting the 50%Class I requirement. Access Control Variance The petitioner is proposing a driveway entrance for the site with a lateral clearance of 44.8' from the parking area where code requires a 75' lateral clearance. The proposed driveway will have a spacing of 109.3' from the neighboring driveway to the north and 677 from the driveway to the south,where code requires a 125' spacing. According to the applicant, a reduction of the 75'lateral clearance requirement is needed so trucks are able to maneuver on site. Staff is supportive of this request as the proposed 44.8' lateral clearance will still provide clearance for stacking of at least two vehicles. Also, the proposed lateral clearance is consistent with neighboring properties. In particular,the commercial site immediately south(The Bar)has an approximate 20' lateral clearance. The required 125' spacing between driveway approaches is not feasible in this case, as there is approximately 217'between the neighboring driveways (to the north and south). Staff is supportive of the spacing variance as the code required spacing cannot be met for this site and staff feels that the proposed spacing is appropriate based on the layout of the site. RECOMMENDATION Staff recommends approval of the following variances at 831 N.Washburn Street with the following findings: 1. Commercial Design Standards Variance to allow a new commercial building with less than 50% of total building facades clad in Class I materials. ITEM I-831 N. Washburn St—DSV&ACV 3 Page 3 Findings: 1. The variance will not be contrary to the public interest. 2. Due to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship. 2. Access Control Variance to allow reduced lateral clearance to 44.8' where code requires 75' and reduced driveway spacing to 109.3' (north) and 67.7' (south) where code requires 125'. ITEM 1-831 N. Washburn St—DSV&ACV 4 Page 4 Please Type or Print In BLACK INK c��ot CITY OF OSHKOSH Oshkosh APPLICATION FOR DESIGN STANDARD VARIANCE REVIEW APPLICANT INFORM6TION Petitioner: Halle Properties, LLC Date: 02/14/2019 Petitioner's Address: 20225 North Scottsdale Rd. City: Scottsdale State: AZ Zip: 85255 Telephone#:f 480) 606-6000 &. 0 : Other Contact# or Email: rich.sommer@discounttire /// Status of Petitioner(Please Checwn epr e ati ❑Tenant ❑ Prospective Buyer Petitioner's Signature (required): �� —��`-^ �"'"-�'�, Date: PROPERTY OWNER INFORMATION Owner's): 813 Washburn, LLC Date: 02/14/2019 Owner(s)Address:230 Ohio Street , City: Oshkosh State: W1 Zip: 54902 Telephone#: 92� 379-1645 d ( J Fax: ( ) Other Contact# or Email: An y Dumke andy@alliancedevlopment.biz Ownership Status (Please Check): ❑Individual ❑Trust ❑Partnership ❑Corporation Property Owner Consent:(required) By signature hereon,i/We acknowledge that City officials and/or employees may,in the performance of their functions,enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. q �} Property Owner's Signature: fir' Date: SITE INFORMATION i Address/Location of Proposed Project: 931 North Wasburn Proposed Project Description: Construct a new Discount Tire store with supporting infrastructure. i Current Use of Property: Vacant open space Zoning: SMU I — i In order to be granted a variance,each applicant must be able to prove,In the judgment of the Oshkosh Plan Commission,that at least one of the following criteria applies: 1) The intent of the standards have been incorrectly interpreted 2) The standards do not apply to the project 3) The enforcement of the standards cause unnecessary hardship I I Page 5 1. Explain in detail your proposed plans and why a variance is necessary: We seek to build a new Discount Tire store at 831 N. Washburn and are asking for variance from Section 30-243 (C) of the Zoning Ordinance that states : "Commercial building shall be predominately clad in Class I materials. Class II and III materials may be used as accents and trims not to exceed 500 of the total building facade" Specifically seek this variance for the north and south facades of the building. The majority of the north facade is blocked from view by the adjacent Dick's Sporting Goods store. And a majority of the south facade is made up of the service bay doors. 2. Describe how the variance would not have an adverse effect on surrounding properties or curb appeal of the neighborhood: Overall the design of the new building is pleasant and will compliment the fairly new Dick's Sporting Goods to the north and will not have an adverse effect to any adjacent properties. An approval of the variance to allow less Class I material will have no impact to the neighborhood. 3. Describe in detail the materials and construction methods that the proposed project would use. Attach any supplementary information including, but not limited to, material data sheets, product information, supplemental photographs, elevation plan(s) and site plan(s): 120 of the north facade will be covered with Class I material, mainly brick veneer and glass windows. 300 of the south facade will be covered with Class I material, again mainly brick veneer and glass windows. 700 of the east facade will be covered with Class I material,this facade will be mostly glass with some brick veneer. Page 6 4. Describe why the intent of the design standards have been incorrectly interpreted (if applicable): It will be difficult to adhere to the design standards on the south facade since so much of it is made up of service bay and access doors. These doors need to be solid material for both security and energy code reasons. As for the north facade, so much of it is hidden from view by the adjacent building, that the Class I material provided adheres to the intent of the code by breaking up the visual of one long wall, and we wrapped the glass showroom around the only visible portion of the north facade. 5. Describe why the design standards do not apply to this particular project(if applicable): It is our belief that the design standards do apply, but in a reduced scale due to the nature of the building (large service doors)and the location (hidden by adjacent building) . 6. Describe the unnecessary hardship that would result if your variance were not granted (if applicable): Providing 50% Class I on the north facade would change the corporate standard finishes and trade dress, as well as increase project complexity for a facade with limited visibility to the traveling public. On the south facade providing 50% Class I material is difficult to achieve without completely changing the corporate trade dress and standard finishes, due to the area of the facade occupied by overhead doors. This facade is also limited in visibility, mainly to the motoring public heading north. Therefore the emphasis has been placed on the east facade which is most visible and has 70% Class I Material. Page 7 SUBMIT TO: City of Oshkosh Dept.of Community Development Ci o� 21S Church Ave..P.O.Box 1130 General Application Oshkosh. 54901 Oshkosh PHONE:(920)236 5059 "PLEASE TYPE OR PRINT USING BLACK INK" APPLICANT INFORMATION Petitioner: Halle Properties, LLC Date: 01/29/19 Petitioner's Address: 20225 North Scottsdale Rd. City: Scottsdale State: AZ Zip: 85255 9B0 606-6000 Fa ) Other Contact#Or Email. rich.sommer@discounttire.com Telephone#: ( ) — Status of Petitioner (Please Check): Owner Repr ZentaZlve 134enont Prospective Buyer r Petitioner's Signature (required): . `^-" Date: OWNER INFORMATION Owner(s): 831 Washburn, LLC Date: O1/29/19 Owner(s) Address: 230 Ohio Street City: Oshkosh State: WT Zip: 54902 Telephone#: (920) 379-1645 Fax: ( ) Other Contact#or Email: Andy Dumke andy@alliancedevlopment.biz Ownership Status (Please Check): Individual Trust Partnership rXCorporation Property Owner Consent:(required) By signature hereon,I/We acknowledge that City officials and/or employees may,in the performance of their functions,enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. q Property Owner's Signature: ,, Date: jv TYPE OF REQUEST: C3[Access Control Variance ❑ Easement 0 Privilege in Street (identify) ❑Other(identify) SITE INFORMATION Address/location of Proposed Project: 831 North Washburn Proposed Project Type: Commercial - Discount Tire store Current Use of Property: Vacant Zoning: SMU Land Uses Surrounding Your Site: North: SMU - PD South: SMU East: SMU-PD West: SMU D Application fees are due at time of submittal.Make check payable to City of Oshkosh. >r Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE For more information please visit the City's website at www.ci,oshkosh.wi.us/Community_Development/Planning.htm Staff Date Rec'd Page 8 Jsmi,th R.A. Smith, Inc. �10 1245 East Diehl Road, Suite 102 Naperville, IL 60563-4816 CREATIVITY BEYOND ENGINEERING (630) 405-5722 1 rasmith.com February 1, 2019 On behalf of Halle Properties, LLC and Discount Tire, raSmith, Inc. is requesting an Access Control Variance for the proposed Discount Tire store to be located at 831 North Washburn. Over the years there have been a mix of commercial and residential buildings on the property, all have recently been razed. As of today is a vacant parcel that is approximately 1.2682 acres in size, or 55,242 sf. To the north of the parcel is a Dick's Sporting Goods store, to the south is The Bar, with a large parking lot, Washburn Street is to the east and residential property abuts to the west. The proposed store is rectangular in shape and will sit on the north side of the site, spanning from east to west. The showroom will face Washburn and the six installation bays will be facing south. The proposed building will be 10,904 square feet in size. Landscaping will compose 17,488 sf of the parcel, parking will be 29,509 sf. Operating hours, chain wide, are 8AM to 6PM Monday thru Friday, Saturday 8 AM to 5 PM and closed on Sunday. A typical Discount Tire employs 6-8 managerial/service advisers and 15-20 service technicians and expects to see an average of 100 number customers a day. Only wheels and tires are sold and installed at a Discount Tire, no other mechanical services are provided or performed. Discount Tire does provide a free courtesy"air-check" service to customers. The proposed Discount Tire will blend in with surrounding commercial uses to the north and south and pose no harm to the peace and tranquility of the neighborhood. Due to the space required for a delivery truck to maneuver within the site we seek an Access Control Variance for relief from the 75' throat clearance requirement. 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