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File #: 23-1183    Version: 1 Name:
Type: Action Item Status: Passed
File created: 3/3/2023 In control: Plan Commission
On agenda: 3/13/2023 Final action:
Title: Public hearing and consideration of the request by Julianne Arter, Irgens, for a Conditional Use in the Special Purpose District - Research Park (SP-RP) at 850 N. Mayfair Road for eating establishments including a drive-through
Attachments: 1. LOC Map.pdf, 2. MEMO_Conditional Use Permit_2023_0201.pdf, 3. Civil Plans_Research Retail.pdf, 4. Elevations_Research Retail.pdf, 5. Floor Plan_Research Retail.pdf, 6. Landscape Plan_Research Retail.pdf, 7. Renderings_Research Retail.pdf, 8. Research_Retail Fire Access Plan.pdf, 9. Site Plan_Research Retail.pdf, 10. R-21-176 - Resolution approving a Land Division CSM at 10701 Research Dr..pdf
Related files: 23-1161

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Public hearing and consideration of the request by Julianne Arter, Irgens, for a Conditional Use in the Special Purpose District - Research Park (SP-RP) at 850 N. Mayfair Road for eating establishments including a drive-through

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A.                     Background/Options 

The applicant is requesting approval of a conditional use permit for two restaurant uses within an 8,180 square-foot multi-tenant commercial building at the southeast corner of N. Mayfair Road and Research Drive in the Special Purpose District - Research Park (SP-RP) zone. Three tenant spaces are proposed in the building consisting of an eating and drinking establishment with drive through and outdoor dining at the north end, a commercial use compliant with the land use standards of the SP-RP zone in the middle space, and another eating and drinking establishment with outdoor eating area at the south end of the building.

 

The project site is currently developed with a portion of a parking area serving a professional office building located at 10701 Research Drive. Access to the site is provided from a shared driveway at the northeast corner of the site from Research Drive. Surrounding land uses include professional offices uses to the north and east, a parking lot to the south, and commercial uses to the west.

 

B.                     Staff Comments

Planning/Zoning Division

Parking provided on the parcel for the proposed uses does not meet WMC requirements and access to the parcel is on an adjacent parcel. A shared parking and access agreement for the overall Research One development (consisting of parcels 379-1001-000 thru 3791004-000) is required to comply with parking and access requirements.

 

Master Plan Compliance: The project site is located within the Wauwatosa Life Sciences District Master Plan (LSDMP), which encourages high-density residential and retail development with minimal street setbacks along Mayfair Road and south of Watertown Plank Road. The SP-RP zoning regulations have not been updated to reflect the recommendations of the Plan. The proposed development meets required setbacks.  LSDMP Link:  <https://www.wauwatosa.net/home/showpublisheddocument/520/636809009719400000>

 

Building Division

Plan review, applicable building permits and DSPS plan approvals required.

 

City Assessor’s Office

Provide detailed costs of any alterations and/or new construction, as well as income and expense information as requested by the Assessor's Office.

 

City Clerk’s Office

Contact the Clerk's Office if any business licenses are needed.

 

Engineering Division

Site plans showing adequate sewer capacity, construction staging information, lighting, and storm water management subject to approval by the Engineering Division.

 

The proposed sanitary sewer is a private interceptor sewer and is subject to approval by MMSD and requires full time public inspection paid for by the development.

 

Site plans must show vehicle stacking spaces, location of drive-through windows, and communication systems in accordance with City Code 24.11.100.

 

Short- and long-term bicycle parking must be clearly identified and quantified to confirm compliance with City Code 24.11.080.

 

Pedestrian connectivity to the public right-of-way and within the development must be in accordance with City Code 24.13.030.

 

The City’s Bike and Pedestrian Plan recommends a multi-use trail on the east side of N. Mayfair Road.  City staff is in the process of applying for a State grant for the construction of a multi-use trail that will connect the Regional Medical Campus to this development.  The applicant shall continue to support efforts for this multi-use trail connection and work with staff on providing an easement.

 

The overall development must accommodate all travel modes in the primary access routes or private streets.  Bike and pedestrian accommodations must meet the intent of the Tosa Streets Ordinance (Code Section 12.10).

 

Applicant shall meet all requirements of code chapter 24.12 pertaining to landscaping; including the requirement for a landscape performance guarantee (Section 24.12.070).

 

Fire Department

FD met with Irgens design group and stated FDC shall be located on East side, North corner.  FD also stated the Mayfair address was acceptable to FD.  Proposed hydrant location good.  All NFPA fire codes will be applied.

 

Health Department

Applicable food licenses required.

 

Police Department

No comments provided.

 

C.                     Recommendation

  Staff recommends approvals subject to:

 

1.              Establishing hours of operation. Facility operations shall not occur before 6:00 am or after 11:00 pm.

2.              Prior to occupancy issuance, the applicant shall record a shared parking and access agreement, approved by the City, between the properties at the Research One development.

3.              Prior to occupancy or issuance of a building permit for any future eating and drinking establishment of the northern or southern end suites, whichever occurs first, the user must submit a project description to the Planning Division for review and approval to ensure Conditional Use Permit compliance.

4.              Providing detailed costs of any alterations and/or new construction, as well as income and expense as requested by the Assessor's office.

5.              Obtaining site plan approval that addresses and complies with Engineering staff report comments.

6.              Full time public inspection of the private interceptor sewer shall be paid for by the development.

7.              Compliance with bike and pedestrian regulations including connectivity, short and long-term bicycle parking accommodations, and Tosa Streets; as well as providing an easement for the Mayfair Road multi-use trail.

8.              Under WMC 24.16.040I., a Conditional Use will lapse and have no further effect one year after it is approved by the Common Council, unless a building permit has been issued (if required); the use or structure has been lawfully established; or unless a different lapse of approval period or point of expiration has been expressly established by the Common Council.

9.              Obtaining other required licenses, permits, and approvals.