HomeMy WebLinkAboutItem III PLAN COMMISSION STAFF REPORT MAY 7,2019
ITEM III: APPROVAL OF A SPECIFIC IMPLEMENTATION PLAN AND PLANNED
DEVELOPMENT AMENDMENT TO ALLOW A SECOND ELECTRONIC
MESSAGE CENTER SIGN AT 2770 WESTOWNE AVENUE (CULVERS
RESTAURANT)
GENERAL INFORMATION
Applicant: Lora Martinson, Springfield Sign
Owner: Patrick Investments, LLC
Actions Requested:
The applicant requests approval of a Specific Implementation Plan amendment to allow a second
Electronic Message Center (EMC) sign at 2770 Westowne Avenue.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance. The
original Planned Development and Conditional Use Permit addressed the use,building
elevations and other site considerations.
Code Reference Re lu ation
Section 30-280(A)(2) No more than (1) electronic message board is allowed on a lot.
Property Location and Background Information:
In January of 2000, the Oshkosh Common Council approved a Planned Development for the
general area which included the extension of N. Westhaven Drive and creation of Westowne
Avenue. The purpose of the plan was to encourage large commercial developments including big
box retail anchors, shopping centers and mixed-use commercial outlot development. As
individual projects were proposed, Planned Development approvals were required to ensure
designs provided substantial buffers and transitions between uses, promote architectural
compatibility among adjacent structures and positively contribute to the physical appearance of
the area.
In November of 2000,The Oshkosh Common Council approved a Conditional Use Permit and
Planned Development for Culvers Restaurant on the north side of Westowne Avenue. The plan
met all base zoning requirements and did not receive any base standard modifications. Signage
was not addressed with the Planned Development approval meaning signage had to meet base
code requirements.
The subject site consists of one parcel approximately 1.86 acres and is fully developed. The site
contains a 4,500 square foot restaurant, associated off-street parking area, storm water
management facility, dumpster enclosure, landscape elements and three ground signs.
Item III—PD/SIPAmendment—2270 Westowne Avenue 1
Page 1
Subject Site
Existing Land Use Zoning
Restaurant (Culvers) SMU-PD
Adjacent Land Use and Zoning
Existing Uses Zoning
North Right-of-way/State Highway 21 N/A
West Mixed Commercial SMU-PD
South Mixed Commercial SMU-PD
East Mixed Commercial SMU
Comprehensive Plan
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Interstate Commercial
ANALYSIS
Ground Si rage
The site currently contains three ground signs, the first being a 30-foot tall, 15-foot by 21-foot,315
square foot dual pole off-premise sign located along State Highway 21. The sign serves the
Menards/Festival Foods/Goodwill property located on the south side of Westowne Avenue.
Placement of the sign was approved by Common Council in June of 2000 as a means to limit
clutter on Westowne Avenue by eliminating potentially three individual ground signs.
The other two signs are corporate identification pylon signs, one along Westowne Avenue and
the other along State Highway 21. Both signs are similar in size, the Westowne sign being 24'-3"
tall, 16' x 8', 128 square feet with 12' x 5'4",69 square-foot changeable copy cabinet. The State
Highway 21 sign is 25 feet tall with a 7.5' x 15', 113 square foot corporate logo and 12' x 5'4", 64
square foot changeable copy cabinet.
In March, the applicant proposed to replace the changeable copy cabinets with 7-3" x Y-5", 25
square foot electronic message center (EMC) cabinets. The applicant was notified by staff that
zoning code allows one EMC per property; an amendment to the Planned Development with a
base standard modification would be required to allow a second EMC. The applicant decided to
move forward with the EMC fronting Westowne Avenue which has been approved by the city.
The applicant states in the submitted narrative that Culvers wants to modernize their signs from
labor-intensive, potentially hazardous daily changes of the manual reader signs to EMCs to take
advantage of available technology. The Culvers "Flavor of the Day" could be updated via mobile
device instead of manually changing the text each day. The applicant lists other advantages of
EMC's such as the use of graphics to promote products, reach out to a broader range of
consumers, provide wayfinding and increase safety. The applicant's narrative also states the
State Highway 21 EMC would only be updated once every 24 hours and would display a static
message advertising the flavor of the day. This is essentially the same function as the existing
Item III—PD/SIPAmendment—2270 Westowne Avenue 2
Page 2
manual reader board except for the convenience factor and makes all the technological features of
the EMC moot.
With this being a variance-type request, a hardship should be demonstrated as to what is unique
to the property warranting the need for a second EMC. The owner has already been approved for
an EMC for the Westowne Avenue sign and will have the ability to utilize the electronic features
of that EMC. The applicant does not make an argument for any hardships other than the
inconvenience of manually changing the reader board. Had this request been presented to the
Board of Zoning Appeals, it could be viewed the applicant does not demonstrate a uniqueness to
the lot,but rather a personal preference to the owner of the lot which is basis for denial per state
case law.
Staff is also of the opinion this request conflicts with the spirit of the Planned Development
approved for this corridor. Section 30-158(B)(2) states:
It is not intended that the City will automatically grant exceptions/base standard modifications in a
Planned Development Overlay District, and it is expected the City will grant only such exceptions
when they are consistent and comparable with benefits to the community that result from the Planned
Development.
Staff feels this request is doing the opposite. If approved, a precedent will be set allowing for all
the businesses along these corridors to seek similar requests. The intent original Planned
Development for the area was to minimize the amount of clutter and distractions along
Westowne Avenue, N. Westhaven Street and State Highway 21. A series of EMCs along State
Highway 21 will add to the number of distractions drivers are already exposed to,especially to
east-bound traffic fast-approaching the N. Washburn Street/Omro Road round-about.
Generally, when applicants seek relief from base zone district standards additional property
enhancements are proposed as a means of compromise (additional landscaping, etc.). Provisions
have not been presented to the city as to additional site improvements the applicant is willing to
make to help justify the request.
Staff feels the base standards for signage in the Suburban Mixed-Use District is adequate for
businesses to function and attract the local community and out-of-town visitors to their location.
Staff feels corporate imagery is well represented along State Highway 21 allowing the well-
informed public what goods and services these corridors provide.
Site Design,Access and Circulation, Parking, Lighting, On-Building Si rage, Landscapin , Storm
torm
Water Management, Building Facades
The applicant is not proposing any changes to the above items from what was originally
approved in the Conditional Use Permit/Planned Development from November,2001.
Item III—PD/SIPAmendment—2270 Westowne Avenue 3
Page 3
RECOMMENDATION/CONDITIONS
Staff believes that the proposed Planned Development amendment fails to meet the standards set
forth in Section 30-387(C)(6) of the Zoning Ordinance and recommends denial for the amendment
proposing a base standard modification to permit a second electronic message center as it is in
conflict with the following criteria:
(a) The proposed Planned Development project is consistent with the overall purpose and
intent of this Chapter.
(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.
(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.
Item III—PD/SIPAmendment—2270 Westowne Avenue 4
Page 4
SUBMIT TO:
City of Oshkosh Dept.of Community Development
Cit 215 Church Ave.,P.O.Box 1130
Oof02Planned Development Application Oshkosh,WI 54901
shkosh PHONE:(920)236-5059
For General Development Plan or Specific Implementation Plan
"PLEASE TYPE OR PRINT USING BLACK INK**
APPLICANT INFORMATION
Petitioner: Lora Martisnon Date: 4/2/2019
Petitioner's Address: 4825 E Kearney St. City: Springfield State: MO Zip: 65803
Telephone#: ( ) 417.862.2454 Fax: ( ) 417.862.1884 Other Contact# or Email; loram@springfieldsign.com
Status of Petitioner (Please Check): ❑Owner[D Representative ❑Tenant D Prospective Buyer
Petitioner's Signature (required): Lora,,Mllx+'Uwo-off Date: 4/2/2019
OWNER INFORMATION
Owner(s): Patrick Investments LLC Date:
Owner(s) Address: 3378 Nelson Rd. city. Oshkosh state: WI Zip; 54904
Telephone#: ( ) 920.231.6019 Fax: ( ) Other Contact#or Email: culversfdlosh@gmail.com
Ownership Status (Please Check): ❑Individual ❑Trust ❑Partnership ❑Corporation
Property Owner Consent:(required)
By signature hereon,I/We acknowledge th toy offic' Is and/or em es may,in the performance of their functions,enter
upon the property to inspect or gather er' form n ne essgrylo pr cess this application. I also understand that all
meeting dates are tentative and/male n by the P nning S vices Division for incomplete submis ions or other
administrative reasons.
Property Owner's Signature: Date.q
L
TYPE OF REQUEST:
❑ General Develop ent la DP) ❑ eneral Development Plan (GDP) Amendment
❑Specific Implem tation Plan (SIP) I@ Specific Implementation Plan (SIP) Amendment
SITE INFORMATION
Address/Location of Proposed Project: 2270 WestoWne Ave. Oshkosh, WI 54904 g
Proposed Project Type: Removal of manual reader board and installation of an electronic message center onto existing freestanding sign
Current Use of Property: Restaurant Zoning: SMU-PD
Land Uses Surrounding Your Site: North: A touch of Class Pet Resort
South: Holiday Inn Express&Suites
East: McDonalds
West: Papa Murphys
➢ It Is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal.
➢ Application fees are due at time of submittal.Make check payable to City of Oshkosh.
➢ 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
4 5!7S
C��-it 73/z0
Staff Date Rec'd 7 kz_0119
Page 5
• Specific treatment and location of recreational and open space areas, including designation of
any such areas to be classified as common open space.
❑ Proposed grading plan.
❑ Specific landscaping plan for the subject site,specifying the location, species, and installation size of
plantings. The landscaping plans shall include a table summarizing all proposed species.
❑ Architectural plans for any nonresidential buildings, multi-family structures, or building clusters, other than
conventional single-family or two-family homes on individual lots, in sufficient detail to indicate the floor
area, bulk, and visual character of such buildings.
❑ Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas, and
walkways.
❑ Signage plan for the project,including all project identification signs,concepts for public fixtures and signs,
and group development Signage themes that may or may not vary from City standards or common
practices.
❑ Specific written description of the proposed SIP including:
• Specific project themes and images.
• Specific mix of dwelling unit types and/or land uses.
• Specific residential densities and nonresidential intensities as described by dwelling units per acre,
and landscaping surface area ratio and/or other appropriate measures of density and intensity.
• Specific treatment of natural features,including parkland.
• Specific relationship to nearby properties and public streets.
• Statistical data on minimum lot sizes in the development, the precise areas of all development lots
and pads;density/intensity of various parts of the development;building coverage,and
landscaping surface area ratio of all land uses; proposed staging; and any other plans required by
Plan Commission.
• A statement of rationale as to why PD zoning is proposed.This statement shall list the standard
zoning requirements that,in the applicant's opinion,would inhibit the development project and the
opportunities for community betterment that are available through the proposed PD project.
• A complete list of zoning standards that would not be met by the proposed SIP and the location(s)
in which such exceptions/base standard modifications would occur.
• Phasing schedule, if more than one development phase is intended.
❑ Agreements, bylaws, covenants, and other documents relative to the operational regulations of the
development and particularly providing for the permanent preservation and maintenance of common
open areas and amenities.
❑ A written description that demonstrates how the SIP is consistent with the approved GDP and any and all
differences between the requirements of the approved GDP and the proposed SIP.
I hereby certify that to the best of my knowledge all required application materials are included with this
application. I am aware that failure to submit the required completed application materials may result in denial or
delay of the application request.
Applicant's Signature (required): Loral Ma+t-ou&rt/ Date: 4/2/2019
3
Page 6
ADDRESS
4825 E Kearney St
Springfield, MO 65803
SPRINGFIELDSIGN CONTACT US
800.845.9927
[wild ���,�,i,iil springfleldsign.com
Culver's located at 2270 Westowne Ave. currently has two existing freestanding signs with daily
notice bulletin boards. A sign permit application was submitted to remove the existing manual
reader boards on both freestanding signs and to install electronic message centers in their place.
Sec.30-280 Electronic Message Boards (A)(2) of the code states no more than (1) electronic
message board is allowed on a lot. Culver's would like to proceed with the approval of the sign
permit for the existing freestanding sign along Westowne Ave. and would like to request Planned
Development approval from the City Plan Commission, an advisory Board to the Common Council
to install an electronic message center onto the second existing freestanding sign (replacing the
daily notice bulletin board) along Hwy 21.
Culver's would like to keep the same design aspect on both of their freestanding signs by
providing a fresh new look with electronic message centers. Electronic message centers not only
allow businesses to take advantage of technology available, but the dynamic output allows a
business to be competitive in the marketplace. With approval of the request both freestanding
signs would be of consistent technology. Technology for change of message is available from any
mobile broadband device and no longer would require on-site manual change (that could be
unsafe).
Electronic message centers are safer to our employees than daily notice bulletin boards that have
to be changed by hand. In inclement weather use of ladders could cause hazardous falls.
Electronic message centers are programmable to meet City requirements along with automatic
dimming for day-time and night-time hours for public safety. Visual knowledge from the
electronic message center provides proper way finding, product education, and improves public
safety for the public traveling along Hwy 21 and Westowne Ave. Images on an electronic message
center are a better communication tool than text for the following reasons:
• Pictures (graphics) are more universal allowing quicker comprehension of message
(safer messaging).
• Picture (graphics) overcome language barriers (tourist or foreign nationals can
better understand business function &products).
• Pictures overcome learning disabilities or education discrepancies and enhance the
experience and comprehension of the message to those who otherwise may miss
the message.
• A picture is a worth a thousand words.
Building Images
that Build Business
Page 7
ADDRESS
4825 E Kearney St
Springfield, MO 65803
SPRINGFIELDSIGN CONTACT US
800.845.9927
springfieldsign.com
• Compatibility product/consumer education is enhanced with pictures and graphics.
The general welfare of the community is better served when product and customer service
messages are readily available. Culver's is willing to work with the City to provide visual
knowledge by displaying Amber Alerts or other needed messages to the community.
With the allowance of the second electronic message center to be installed along Hwy 21 we
would upload only one message per 24 hours which is equivalent use of the existing daily notice
bulletin board. Essentially,the Hwy 21 sign would have a static message only,while the
Westowne Ave electronic message center would allow for message changes up to every 10
seconds.
Page 8
Z
_ § E
e 2 /� ® Q %
myix t
QX ua L «
E (§ - L-L \
P � � \
E � \ e -
f
§ i A � ( 2
� ] aj -
d ®°
) (
g 2 ) ) )
§u ) k
- � -
� z / z � GQt
� � E \ k U1 2
. f Z ( m § _ ; ) § ) - _
o ~ ug2
k $ o § E § 6 ƒ
k2 ( 2 § : §
k
. � 04
$! _
§
� 2k § % ( • § q
COP
§ a�
§}
§ �
§ ?
2 m �
_ � 2 (
3 _ 5§ \}
21 & §; /
§) _
§
L
.
\
l § §
A§ to )k
�K 2
■ _ - ƒ/ k
§2k k k\ \
- E±« E
-
E. B CL / -§ j
co =
■ @a# CO2
2 !2 ±
Page 9
C) 'CO
(13
CV CC) cr Ln CO r C (J) O-
CD
N w N 0 N w N O 3 U N
LL LL LL LL LL- LL LL = I
OJ
AL
0O
J
C.
}
z � 3
q
r
Page 10
U N \
C14 C}7 cT Lf7 CO r - c 025
] CD CU CD (D CD (L] CU
U CD s
Q] OJ CLl CIJ 4J UJ CIJ C7 � t
LL LL LL LL LL LL LL 2 2
.� � F F ri •� r 'f' l'
1•
r irk � � - ;� •
,,
L
` O
1
}
i
0
t
F.yY a 1
Page 11
ZONING—EMU MIXED USE
—PLANNED DEVELOPMENT OVERLAY DISTRICT
- �
21 EXISTING PYLON SIGN s� x)
r'
or
23.2' r 4'
262.0'
q f
,g
,
31.4"
:r
EXISTING PYLON SIGN -
i
N
(n
D
r
m
r wvnon:
OSHKOSH, WI
WESTOWNE AVE.
o j^ N.: CULVER FRANCHISING SYSTEM,INC. C1en° SPRINGFIELD SIGN
e "ay °E"
a✓: NEW CULVER'S—SIGNAGE
�ie° nw CuWer Franchising System,Inc.
2270 WESTOWNE AVE. 540 Water Street 4825 E.Kearney St.
OSHKOSH,WI 54904 Prairie du Sac,WI 53578 Springfield,MO 65803
1„OF 1 SIGN PLACEMENT PLAN P(608)643-7980 (417)862-2454
Page 12
SIP AMENDMENT 2300 WESTOWNE AVE LLC MENARD INC
2270 WESTOWNE AVE 8730 COUNTY ROAD G 4777 MENARD DR
PC:05-07-19 MOUNT HOREB WI 53572 EAU CLAIRE WI 54703
OSHKOSH PRO PARTNERS PJS OF DEPERE LLP WESTOWNE SHOPPES LLC
2251 WESTOWNE AVE 1722 CLARENCE CT 631 S HICKORY ST
OSHKOSH WI 54904 WEST BEND WI 53095 FOND DU LAC WI 54935
TOWN OF ALGOMA LORA MARTISNON PATRICK INVESTMENTS LLC
ATTN:DEBORAH STARK 4825 E KEARNEY ST 3378 NELSON RD
15 N OAKWOOD RD SPRINGFIELD MO 65803 OSHKOSH WI 54904
OSHKOSH WI 54904
Page 13
Oshkosh City Limit
87 2373 2361 a2301 1fi5 2275 2265 2251 srs o0
89
s2
i
s �
�a
21
21
�p0
2
0
s�w
225� 2231
3 'LZp1
Boa
�10
,ssw �1p
2g2
3g0
o J� oas
1" 2261
0 0 226'l 'sQ�o.
22$1
spO `Z�891
s 95
2
zr
'51 ...
r v, N
1 in=0.03mi
1in= 150ft
City of Oshkosh maps and data are intended to be used for general identification purposes only,and
the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date:4/8/2019 information are responsible for verifying accuracy. For full disclaimer please go to
www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh,WI Oshkosh
J:\GIS\Planning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd Pag Userlm4ak
OEM
1
■ __ r - Ur
HIM
SUBJECT A
= SITE �=,♦:, ■ ,
■
■
41
• sf. sf
memo
END
rrr C .� ■
ILU.
1
lin=550ft
-Ira T
AINNOV
// el
�
jr—
WNE AVE A
1 in=0.02mi
1in= 100ft
City of Oshkosh maps and data are intended to be used for general identification purposes only,and
the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date:4/8/2019 information are responsible for verifying accuracy. For full disclaimer please go to
www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh,WI Oshkosh
J:\GIS\Planning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd Pag Userlm(ak